02-07-06 Agenda Reg
City of Delray Beach
Regular Commission Meeting
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RULES FOR PUBLIC PARTICIPATION
Regular Meeting 6:00 p.m.
Public Hearings 7:00 p.m.
Commission Chambers
Delray Beach City Hall
1. PUBLIC COMMENT: The public is encouraged to offer comments with the
order of presentation being as follows: City Staff, public comments, Commission
discussion and official action. City Commission meetings are business meetings
and the right to limit discussion rests with the Commission. Generally, remarks
by an individual will be limited to three minutes or less. The Mayor or
presiding officer has discretion to adjust the amount of time allocated.
Tuesday. February 7. 2006
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 allowed only when requested by a member of the City Commission.
2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals
wishing to address public hearing or non-agendaed items should sign in on the
sheet located on the right side of the dals. 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 agaln address the Commission is granted
by a majority vote of the Commission members present.
APPELLATE PROCEDURES
Please be advised that if a person decides to appeal any decision made by the City
Commission with respect to any matter considered at this meeting, such person
will need to ensure that a verbatim record includes the testimony and evidence
upon which the appeal is based. The City neither provides nor prepares such
record.
100 NW 1st Avenue
Delray Beacb, Florida 33444
Phone: (561) 243-7000
Fax: (561) 243-3774
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 Smith at 243-7010,
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
Cbambers.
1. ROLL CALL.
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. AGENDA APPROVAL.
5. APPROVAL OF MINUTES:
. January 17,2006 - Regular Meeting
. January 18, 2006 - Special Meeting
6. PROCLAMATIONS:
A. Recognizing Black History Month - February 2006
7. PRESENTATIONS:
. NONE
8. CONSENT AGENDA: City Manager Recommends Approval.
A. RESOLUTION NO. 7-06: Approve Resolution No. 7-06 abandoning a Right-Of-
Way for Dixie Boulevard, lying between Lindell Boulevard and Avenue K.
B. FINAL SUBDIVISION PLAT APPROVAL/LATITUDE DELRAY PLAT:
Approve the subdivision plat for Latitude Delray, a mixed use development, located on
the northwest comer of Lindell Boulevard and south Federal Highway.
C. LIMITED ACCESS EASEMENT AGREEMENT/BRUCE AND EMILY
ROBSON: Approve a Limited Access Easement Agreement between the City and
Bruce and Emily Robson providing for the placement of a limited access easement over
the property line adjacent to Tamarind Road.
D. SPECIAL EVENT REOUEST /EAST END VOT T .EYBA T.T. TOURNAMENT:
Approve a request from East End Volleyball for the East End Volleyball Tournament
to be held at the municipal beach on March 25 and 26, 2006.
E. APPROVAL OF AMENITIES FOR UPGRADING PARKS: Approve amenities
to upgrade existing parks and the beachfront area as presented at the January 10, 2006
Workshop Meeting and authorize staff to proceed with purchases and installation.
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F. CORRECTION/SERVICE AUTHORIZATION NO. 7/MATHEWS
CONSULTING. INC.: Approve a correction to Service Authorization No.7 to
Mathews Consulting, Inc. for the Temple Park Project which was incorrecdy listed
(typo) on the December 13, 2005 Commission Agenda as $41,171.00 instead of the
correct amount of $47,171.00.
G. CORAL TRACE HOMEOWNERS' ASSOCIATION TRAFFIC
ENFORCEMENT AGREEMENT: Approve an agreement between the City and
Coral Trace Homeowners' Association allowing the Delray Beach Police Department to
enforce local and state traffic laws on its property.
H. OUIET TITLE/CITY PARCELS: Grant authorization to Quiet Tide on six (6) City
lots that were selected for transfer into the newly created Community Land Trust.
I. RATIFICATION OF THE APPOINTMENTS TO THE KIDS AND COPS
COMMITTEE: Approve and ratify the appointments to the Kids and Cops
Committee for two (2) year terms ending November 30, 2007.
J. APPROVAL OF POLL WORKERS FOR THE FIRST NONPARTISAN
ELECTION: Approve the poll workers for the First Nonpartisan Election to be held
on March 14, 2006.
K. THIRD AMENDMENT TO CONTRACT FOR SALE AND PURCHASE/
AUBURN TRACE: Approve the Third Amendment to the Contract for Sale and
Purchase between the City and Auburn Trace, LTD. to extend the closing date to
March 15, 2006 and to incorporate the Cooperation Agreement.
L. INTERLOCAL AGREEMENT /COMMUNITY REDRVF.J .OPMENT
AGENCY /CLEAN AND SAFE PROGRAM: Consider approval of an Interlocal
Agreement between the City and the Community Redevelopment Agency (CRA) in the
amount of $312,000.00 for funding for the Clean and Safe Program for FY 05/06.
M. INTERLOCAL AGREEMENT/PALM BEACH COUNTY/GEOGRAPHIC
AND LAND INFORMATION: Consider approval of an Interlocal Agreement
between the City and Palm Beach County for the exchange and update of geographic
and land information.
N. MEMORANDUM OF UNDERSTANDING/FLORIDA DEPARTMENT OF
FINANCIAL SERVICES: Approve a Memorandum of Understanding with the
Florida Department of Financial Services; and accept the 2005 Domestic Preparedness
Grant from the State Homeland Security Grant Program in the amount of $7,595.00 to
maintain a specialized decontamination team and purchase new decontamination
equipment.
02-07-2006
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O. VEHICLE REPAIR/FIRE DEPARTMENT: Approve the repair of Fire
Department vehicle #200460 by Southeast Truck Specialist, Inc. in the amount of
$20,748.23. Funding is available from 551-1575-591-45.50 (Insurance Fund/Property
Claims).
P. CONTRACT ADDITION/PGAL. INC.: Approve a Contract Addition in the
amount of $17,930.00 to PGAL, Inc. for supplementary consulting services required in
conjunction with the development of the Old School Square Parking Garage. Funding
is available from 380-4150-572-63.29 (G.O. Bond/Old School Square Parking Garage).
Q. EMERGENCY CONTRACT AWARD/CHAZ EOUlPMENT COMPANY.
INC.: Approve an emergency contract award in the amount of $139,500.00 to Chaz
Equipment Company, Inc. for the repair of a sewer main break at Lift Station 58.
Funding is available from 442-5178-536-63.51 (Water/Sewer Renewal & Replacement
Fund/Sewer Mains).
R. ITEM REMOVED FROM AGENDA.
S. CHANGE ORDER NO. l/FINAL PAYMENT/ROSSO PAVING &
DRAINAGE. INC.: Approve Change Order No.1 in the amount of $12,073.06 and
final payment in the amount of $16,634.08 to Rosso Paving & Drainage, Inc. for
completion of the Bus Shelter Concrete Pads Project. Funding is available from 334-
3162-544-65.70 (General Construction Fund/Transit Stop Bus Shelters).
T. CHANGE ORDER NO. 2 (CONTRACT ADDITION)/RANGER
CONSTRUCTION. INC.: Approve Change Order No.2 (Contract Addition) in the
amount of $71,739.00 to Ranger Construction, Inc. for the Miller Park Parking Lot
Resurfacing. Funding is available from 551-1575-591-45.50 (Insurance Fund/Property
Claims).
U. CHANGE ORDER NO. 1 (CONTRACT ADDITION)/CATAT.FTJMO
CONSTRUCTION. LTD.: Approve Change Order No.1 (Contract Addition) in the
amount of $50,000.00 to Catalfumo Construction, Ltd. to provide a required financial
commitment and to reserve a precast manufacturing date for structure components.
Funding is available from 380-4150-572-63.29 (G.O. Bond/Old School Square Parking
Garage)
V. CHANGE ORDER NO. 6 (CONTRACT ADDITION)/ASPHALT
CONSULTANTS. INC.: Approve Change Order No.6 (Contract Addition) between
the City and Asphalt Consultants, Inc. in the amount of $112,026.00 for the
relocation/replacement of the existing 6" water main on the north two blocks as part of
the N.W';S.W. 5"' Avenue Improvements Project. Funding is available from 442-5178-
536-63.50 (Water/Sewer Renewal & Replacement Fund/Water Mains).
02-07-2006
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W. SERVICE AUTHORIZATION/HELLER-WEAVER AND SHEREMETA.
~ Approve a Service Authorization to Heller-Weaver and Sheremeta, Inc. in the
amount of $10,350.00 for supplemental survey work related to the Old School Square
Garage and Park Campus Expansion. Funding is available from 380-4150-572-63.29
(G.O. Bond/Old School Square Parking Garage).
X. COMMUNITY DF.VRJ .OPMENT BLOCK GRANT (CDBG.) SUB-
RECIPIENT FUNDING AGREEMENTS: Approve and authorize the execution
of funding agreements with four (4) sub-recipients (Community Child Care Center, Fair
Housing Center of the Greater Palm Beaches, Inc. and the Urban League of Palm
Beach County in the total amount of $95,000. Funding is available from the
Community Development Block Grant Budget.
y. MEMORANDUM OF UNDERSTANDING AND POLICIES AND
PROCEDURES 2006-2010/DELRAY BEACH HOUSING RENAISSANCE
PROGRAM: Approve the Memorandum of Understanding and the Policies and
Procedures that govern the Delray Beach Housing Renaissance Program for the period
March 2006 through March 2010.
Z. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
January 17,2006 through February 3, 2006.
AA. AWARD OF BIDS AND CONTRACTS:
1. Lease award to Enterprise Rent-A-Car in the total annual cost of $43,200.00 for
a twelve (12) month lease of six (6) vehicles for the Vice, Intelligence, and
Narcotics (VIN) Unit of the Police Department. Funding is available from 001-
2115-521-44.40 (General Fund/Vehicles).
2. Contract award to Hatcher Construction & Development, Inc. in the amount of
$61,156.70 for interior and exterior renovations associated with the
Neighborhood Resource Center Rehabilitation Project. Funding is available
from the Community Development Block Grant Program (Other Grants &
Aids).
3. Purchase award to Metro-Dade K-9 in the total amount of $16,400.00 for the
purchase of one (1) Green Canine and one (1) Tided Canine for the Police
Department. Funding is available from 001-2115-521-52.25 (General Fund/K-9
Expenses) and 115-2111-521-49.90 (Special Projects Fund/Other Current
Charges/Obligations).
4. Contract award to Johnson Davis in the amount of $833,700.00 for the Lake
Worth Drainage District (LWDD) L-33 Canal Box Culvert Extension Project.
Funding is available from 380-4150-572-63.23 (G.O. Bond/Neighborhood
Parks).
02-07-2006
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5. Contract award to Associates Roofing in the amount of $553,799.00 for the
Municipal Golf Course Clubhouse Re-roofing Project. Funding is available
from 551-1575-591-45.50 (Insurance Fund/Property Claims-Golf Course
Clubhouse Roof).
6. Contract award to Accurate Events in the amount of $34,988.00 for Security
Guards, Supervisors and Body Guard Services for the International Tennis
Championships at the Delray Beach Tennis Center. Funding is available from
001-4210-575-55.40 (General Fund/Tennis Operations).
7. Contract Award to JBE Technology, Inc. at a total cost of $169,711.82 (to be
paid for by FEMA, the State of Florida and Property Insurance proceeds) for
the replacement of witeless equipment presendy located at 12 remote sites
throughout the City. Funding is available from 551-1575-591-45.50 (Insurance
Fund/Property Claims).
8. Bid Award (Extension) to Special Products Group, Inc. in the amount of
$22,887.00 via the City of Boynton Beach Bid #062-1412-03/CJD for an
additional year at the same terms and conditions for the purchase of dress and
work uniforms for the Fire Department. Funding is available from 001-2311-
522-52.22; 001-2313-522-52.22; 001-2315-526-52.22; and 001-2317-522-52.22
(General Fund/Fire/Uniforms).
9. REGULAR AGENDA:
A. APPEAL OF THE HISTORIC PRESERVATION BOARD'S DECISION
ASSOCIATED WITH PINEAPPLE GROVE LTD: Consider an appeal of the
Historic Preservation Board's decision for Pineapple Grove Ltd., located on the north
side ofN.E. 1" Street, between N.E. 1" Avenue and N.E. 2nd Avenue. (Quasi-Judicial
Hearing)
B. REOUEST FOR VALET OUEUE EXPANSION/CAFFE LUNA ROSA:
Consider a request from Caffe Luna Rosa to expand their existing valet queue area from
four (4) spaces to seven (7) spaces.
C. REOUEST FOR FUNDING/COMMUNITY NEIGHBORHOOD HELPING:
Consider approval of a request from Community Neighborhood Helping, Inc. to
provide $10,000.00 in seed money, which will be reimbursed to the City through a Palm
Beach County grant, for the Glory Awards 2006 to be held on May 5, 2006. Funding is
available from 001-1111-511-48.10 (City Commission/Special Events).
D. REOUEST FOR FINANCIAL SUPPORT/S.D. SPADY ADVANCED
CHORUS: Consider a request for financial support to send nine (9) fourth and fifth
grade students from the S.D. Spady Elementary School Chorus selected to perform in
Charleston, West Virginia with the American Choral Directors Association Southern
Division Honor Choir. Funding is available from 001-1111-511-48.10 (City
Commission/Special Events).
02-07-2006
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E. ADDITIONAL REOUEST/DELRAY BEACH FILM FESTIVAL: Consider a
request from Mr. Michael Posner to have a surfing contest on the south end of the
beach across from Anchor Park to be held on March 11, 2006; and permit the festival to
hold a golf tournament at the Municipal Golf Course on March 10, 2006.
F. SPECIAL EVENT REOUEST/ASIAN FOOD FAIR AND CULTURAL
SHOW: Consider approval of a special event request to allow the 3'" Annual Asian
Food Fair and Cultural Show sponsored by the Bangladesh Association of Florida, to be
held on March 18-19, 2006 from 10:00 a.m. until 10:00 p.m. on the grounds of Old
School Square and on a portion of the Old School Square parking lot.
G. SPECIAL EVENT REOUEST /SAINT PATRICK'S DAY PARADE: Approve a
special event request to allow the 38h Annual St. Patrick's Day Parade to be held on
Saturday, March 11,2006.
H. HOUSING REHABILITATION GRANT/CONTRACT AWARD: Approve a
Housing Rehabilitation grant/contract award through the Community Development
Division in the amount of $24,050.25 to South Florida Construction (314 N.W. 5'"
Avenue). Funding is available from 118-1924-554-49.19 (State Housing Initiatives
Partnership (SHIP) Program/Housing Rehabilitation).
1. GRANT FUNDING REOUEST /PALM BEACH COUNTY
INTERNATIONAL FILM FESTIVAL: Consider authorizing the Mayor to submit
a funding request in the amount of $38,012.00 to Palm Beach County Commissioner
Mary McCarty via the District IV Recreation Assistance Program Fund to assist with
the costs of hotel rooms for the Palm Beach County International Film Festival; and
approve the advance of funds until the grant is received.
J. FEDERAL COMMUNICATIONS COMMISSION'S (fCC) NOTICE OF
PROPOSED RULEMAKING REGARDING PREEMPTION OF LOCAL
GOVERNMENT AUTHORITY AS IT RELATES TO FRANCHISING/
LEIBOWITZ & ASSOCIATES: Consider authorizing Leibowitz & Associates to file
a response, on behalf of the City, with the Federal Communications Commission (FCC)
on the proposed rulemaking regarding the preemption of Local Government Authority
as it relates to franchising.
K. OFFER OF JUDGMENT /PROPOSAL FOR SETTT.RMENT IN MARILYN
SHUSTER v. CITY OF DELRAY BEACH AND FLORIDA EAST COAST
RAILWAY: Consider approval of an Offer of Judgment/Proposal for Setdement in
the total amount of $19,000.00 in Marilyn Shuster v. City of Delray Beach.
L. RESOLUTION NO. 10006/SCRIPPS RESEARCH INSTITUTE
OPPORTUNITY FUND: Consider approval of Resolution No. 10-06 supporting
the Scripps Research Institute Opportunity Fund.
02-07-2006
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M. APPOINTMENTS TO THE CODE ENFORCEMENT BOARD: Appoint two
(2) regular members to the Code Enforcement Board for three (3) year terms ending
January 14,2009. Based upon the rotation system, the appoinrments will be made by
Mayor Perlman (Seat #5) and Commissioner Ellis (Seat #1).
N. APPOINTMENTS TO THE KIDS AND COPS COMMITTEE: Appoint three
(3) "Other Representation" members to the Kids and Cops Committee for two (2) year
terms ending November 30, 2007. Based upon the rotation system, the appointments
will be made by Commissioner Archer (Seat #2), Commissioner Levinson (Seat #3) and
Commissioner McCarthy (Seat #4).
O. APPOINTMENT TO THE NUISANCE ABATEMENT BOARD: Appoint one
(1) alternate member to the Nuisance Abatement Board for an unexpired term ending
March 31, 2007. Based upon the rotation system, the appointment will be made by
Mayor Perlman (Seat #5).
P. APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY
BOARD: Appoint one (1) regular member to the Parking Management Advisory
Board to represent the Adantic Avenue corridor between Swinton Avenue and the
Intracoastal for a two (2) year term ending January 31, 2008. Based upon the rotation
system, the appointment will be made by Mayor Perlman (Seat #5).
Q. APPOINTMENT TO THE POLICE AND FIREFIGHTERS RETIREMENT
SYSTEM BOARD OF TRUSTEES: Appoint one (1) regular member to the Police
and Firefighters Retirement System Board of Trustees for an unexpired term ending
June 30, 2006. Based upon the rotation system, the appointment will be made by Mayor
Perlman (Seat #5).
R. RECONSIDERATION OF THE POLICE ADVISORY BOARD
APPOINTMENTS: Reconsideration of the Police Advisory Board Appointments
that were approved at the December 13, 2005 Commission Meeting.
10. PUBLIC HEARINGS:
A. ORDINANCE NO. 8-06: An ordinance amending Chapter 71, "Parking
Regulations", "General Provisions", of the Code of Ordinances by enacting Section
71.006, "Surcharge on Parking Fines", to provide for a surcharge on parking fines to
fund the School Crossing Guard Program.
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.
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12. FIRST READINGS:
A. ORDINANCE NO. 5-06: Future Land Use Map amendment from County RL-3
(Low Density Residential- 3 units per acre) to City TRN (Transitional) and Annexation
with the establishment of initial City zoning of SAD (Special Activities District) for Safe
and Secure (aka Robotic Space Savers) located at the southwest comer of Conklin Drive
and Military Trail.
B. ORDINANCE NO. 6-06: Modification to the SAD (Special Activities District)
zoning district to allow the construction of two new buildings which total 17,700 square
feet for the Delray Beach Extra Closet, located on the east side of Military Trail
approximately 2,450 feet south of Lake Ida Road. If passed, a public hearing will be
held on February 21, 2006.
C. ORDINANCE NO. 7-06: Rezoning from SAD (Special Activities District) to RM
(Medium Density Residential) for Bahia Delray (fka Waterford Village Apartments),
located approximately 2,100 feet south of Linton Boulevard, between 1-95 and Lindell
Boulevard. If passed, a public hearing will be held on February 21, 2006.
D. ORDINANCE NO. 9-06: An ordinance amending Chapter 102, "Streets and
Sidewalks", of the Code of Ordinances by enacting Section 102.43, "Standards for
Newsracks and Modular Newsracks, including Maintenance, Installation, and
Locations", to provide additional standards for the safe and secure installation of
newsracks throughout the City. If passed, a public hearing will be scheduled for
February 21,2006.
E. ORDINANCE NO. 10-06: An ordinance amending Chapter 96, "Fire Safety and
Emergency Services", Section 96.16, "Certain Codes Adopted by Reference", of the
Code of Ordinances, by updating the references to the Florida Building Codes and
National Fire Protection Association Codes and to provide a procedure for affected
individuals to challenge the City's local amendment provisions. If passed, a public
hearing will be scheduled for February 21, 2006.
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: FEBRUARY 3. 2006
02-07-2006
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JANUARY 17. 2006
A Regular Meeting of the City Commission of the City of Delray Beach,
Florida, was called to order by Vice Mayor Jon Levinson in the Commission Chambers at
City Hall at 6:00 p.m., Tuesday, January 17, 2006.
1.
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
Robert A. Barcinski, Assistant City Manager
Susan A. Ruby, City Attorney
Chevelle D. Nubin, City Clerk
. At this point, Vice Mayor Levinson stated Mayor Perlman is ill and will
not be present this evening and noted that Item 9.A., Consideration of a Conditional
Use Request/Atlantic Plaza has been withdrawn from the Agenda and will not be heard
this evening.
Also, Vice Mayor Levinson stated former Mayor Jay Alperin's mother
passed away this past week and he asked everyone to keep her in their thoughts and
prayers.
2. The opening prayer was delivered by Rabbi Suzanne Carter, Chief
Chaplain with the Delray Beach Fire-Rescue Department and the Delray Beach Police
Department.
3.
given.
The Pledge of Allegiance to the flag of the United States of America was
4.
AGENDA APPROVAL.
I
. Mr. Levinson stated Item 9.A., Consideration of a Conditional Use
Request/Atlantic Plaza has been withdrawn from the Agenda due to a request from the
developer.
Mrs. Ellis moved to approve the Agenda as amended, seconded by Ms.
McCarthy. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mrs.
Archer - Yes; Vice Mayor Levinson - Yes; Ms. McCarthy - Yes. Said motion passed
with a 4 to 0 vote.
01117/06
5.
APPROVAL OF MINUTES:
Mrs. Archer moved to approve the Minutes of the Regular Meeting of
December 13, 2005, seconded by Mrs. Ellis. Upon roll call the Commission voted as
follows: Mrs. Archer - Yes; Vice Mayor Levinson - Yes; Ms. McCarthy - Yes; Mrs.
Ellis - Yes. Said motion passed with a 4 to 0 vote.
Ms. McCarthy moved to approve the Minutes of the Regular Meeting of
January 3, 2006, seconded by Mrs. Ellis. 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.
Mrs. Ellis moved to approve the Minutes of the SpeciaVWorkshop
Meeting of January 10, 2006, seconded by Ms. McCarthy. Upon roll call the
Commission voted as follows: Ms. McCarthy - Yes; Mrs. Ellis - Yes; Mrs. Archer -
Yes; Vice Mayor Levinson - Yes. Said motion passed with a 4 to 0 vote.
6.
PROCLAMATIONS:
6.A. Recol!nizinl! and Commendinl! the Delrav Rocks Football &
Cheerleadinl! SQuads
Vice Mayor Levinson read and presented a proclamation hereby
proclaiming the Delray Rocks Football and Cheerleader participants to be "Champions
among Champions and Ambassadors of Good Will and Sportsmanship for the City of
Delray Beach, Florida." Ben Leonard, Recreation Supervisor IIIRocks Football, came
forward to accept the proclamation and gave a few brief comments.
6.B. Recol!nizinl! and Commendinl! the Delrav Rocks Football Coaches'
Vice Mayor Levinson read and presented a proclamation hereby
proclaiming the Delray Rocks l25-pound coaches to be "Champions among Champions
and Ambassadors of Good Will and Sportsmanship for The City of Delray Beach,
Florida." Ben Leonard, Recreation Supervisor IVRocks Football, came forward to accept
the coaches' proclamations.
6.C. Recol!nizinl! DIAL 2-1-1 Week - February 5-11. 2006
Vice Mayor Levinson read and presented a proclamation hereby
proclaiming the week of February 5-11, 2006 as DIAL 2-1-1 WEEK in the City of
Delray Beach, Florida. Meredith Hughes came forward to accept the proclamation.
7.
PRESENTATIONS:
7.A. Government Finance Officers Association
Achievement for Excellence in Financial Rel>ortinl!
Certificate of
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01117/06
Joseph Safford, Finance Director, stated this is a national award from the
Government Finance Officers Association and the financial statement is submitted on an
annual basis to the national organization. It is reviewed by a panel of experts in the field
and if it meets all the criteria then it receives the Certificate of Achievement for
Excellence in Financial Reporting. He stated the City of Delray Beach Finance
Department has received this award for twenty-two consecutive years.
7.B.
2005 Dil!:ital Cities Survev Award - Information Technolol!:V Division
Vice Mayor Levinson presented Joseph Safford, Finance Director, with
the Digital Cities Survey Award from the Center for Digital Government which is a
national research and advisory institute on information technology policies and best
practices in state and local government. He stated the City of Delray Beach was
recognized and awarded first place. Vice Mayor Levinson congratulated Mr. Safford and
his staff in the area of information technology for winning first place.
Joseph Safford, Finance Director, introduced Guy Buzzelli, Chief
Information Officer for the Information Technology Division for the City of Delray
Beach and caine forward to accept the award. Mr. Safford stated this is a national award
and the City of Delray Beach was selected as number one in the nation for a city of its
size for the Information Technology Division.
Vice Mayor Levinson stated anyone can access the City's website at
www.mvdelravbeach.com and noted there are a variety of additional features (i.e. the
ability to check water bill, permits, etc.).
7.C.
Re-accreditation Award for the Parks and Recreation Department
Joseph Weldon, Director of Parks and Recreation, stated to be re-
accredited (every 5 years), the Parks and Recreation Department completed a detailed
self-assessment that was followed by a 3 day visit and peer review by a team of
experienced professionals in the field of Parks and Recreation. National accreditation
requires parks and recreation agencies to respond to 155 standards representing elements
of effective and efficient parks and recreation operations. Agencies must meet 36
fundamental standards plus 85% of the remaining standards to achieve re-accreditation.
Albert Gaum-Rickard, Administrative Office Manager/Parks and Recreation, passed out
pins to the City Commission.
7.D.
Site Plan Review and Appearance Board (SPRAB) Awards
The Site Plan Review and Appearance Board (SPRAB) conducted its 14th
Annual Award Recognition Program. The awards are given to those property owners and
their design teams who have significantly contributed to the beauty of the community
through creative design or renovations to existing properties. Eligible projects are those
that were approved by the Board, and received a Certificate of Occupancy during the
previous fiscal year (October 1, 2004 - September 30, 2005).
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01117/06
Roger Cope, Chairman of the Site Plan Review and Appearance Board
(SPRAB), presented the following Site Plan Review and Appearance Board (SPRAB)
Awards to the following 2005 recipients.
NEW COMMERCIAL DEVELOPMENT
Gulfstream Business Bank
>> Gulfstream Business Bank, Lee Waring,
(Developer)
>> Kupi & Eliopoulos Architects, P.A.,
(Architect)
>> Lucido and Associates Landscape
>> Architecture, (Landscape Architect)
NEW RESIDENTIAL REDEVELOPMENT
Ocean City Lofts
>> Southpoint Realty Development, Thomas
Laudani, (OwnerlDeveloper)
>> Falkanger Snyder Martineau & Yates
Architects (Architect)
>> Daniel H. Carrer Landscape Architects, Inc.
(Landscape Architect)
NEW DOWTOWN RESIDENTIAL
DEVELOPMENT
Village Grande
>> Louis and Kathryn Carbone, Coastal
Design & Development Group,
(OwnerlDeveloper)
>> Currie, Sowards, Aguila, Partnership
Architects (Architect)
>> Dave Bodker Landscape
Architecture/Planning Inc., (Landscape
Architebt)
EXTERIOR RENOVATIONS
Co-Winners
SPA Eleven
>> Nicole Oden, (Owner)
>> Brewer Architecture Inc., (Architect)
>> Daniel H. Carter Landscape Architects Inc.,
(Landscape Architect)
Joe's Restaurant
>> Joseph Peraino IV and Pasquale Carucci,
(OwnerlDeveloper)
>> S&D Architecture, Inc., (Architect)
NEW INDUSTRIAL DEVELOPMENT
The Flex Building
>> Wahoo Properties, Inc. ,(Owner) (561) 585-
1023
>> Brewer Architecture Inc., (Architect)
>> A. Grant Thombrough and Associates,
(Landscape Architect)
NEW PUBLIC BUILDINGS
S.D. Spady Elementary School
>> The School District of Palm Beach County,
Dr. Art Johnson, School Superintendent,
(OwnerlDeveloper)
>> Jose Murguido, AlA, (Architect)
>> Curtis & Rogers Design Studio, Inc.,
(Landscape Architect)
WALL SIGNAGE
Gulfstream Business Bank
>> Gulfstream Business Bank, (Owner)
>- Mark Gregory, MG Sales & Consultant, and
Claudio Camilucci, (Sign Contractors)
8.
! CONSENT AGENDA: City Manaeer Recommends Approval.
8.A. FINAL SUBDIVISION PLAT APPROV AL/TURTLE BEACH
PLAT: Approve the minor subdivision plat for Turtle Beach, located on the east side of
State Road A-I-A, just south of Casuarina Road.
8.B. ACCEPTANCE OFRIGHT-OF-WAYDEED/527N.W.l't AVENUE:
Approve and accept a right-of-way deed associated with 527 N.W. I st Avenue.
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01/17/06
S.C. RESOLUTION NO. 4-06: Approve Resolution No. 4-06 assessing costs
for abatement action required to remove nuisances on ten (10) properties throughout the
City.
The caption of Resolution No. 4-06 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
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.
(The official copy of Resolution No. 4-06 is on file in the City Clerk's
Office. )
S.D. BUDGET TRANSFER FROM CITY MANAGER'S
CONTINGENCY TO GRANT ACCOUNT/CHAMBER OF COMMERCE
ECONOMIC DEVELOPMENT: Approve a budget transfer from the City Manager's
Contingency Account in the amount of $21,990.00 to the Chamber of Commerce
Economic Development Grant Account.
S.E. RESOLUTION NO. 5-06 (STATE HOUSING INITIATIVES
PARTNERSHIP (SHIP) LOCAL HOUSING ASSISTANCE PLAN): Approve
Resolution No. 5-06 adopting the amended Local Housing Assistance Plan for Fiscal
Years 2004-2007 pursuant to Title 67-37 ofthe Florida Administrative Code.
The caption of Resolution No. 5-06 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, ADOPTING
THE AMENDED LOCAL HOUSING ASSISTANCE
PLAN PURSUANT TO THE STATE HOUSING
. INITIATIVES PARTNERSHIP (SHIP) PROGRAM AS
ATTACHED HERETO; ESTABLISHING A MAXIMUM
COST PER UNIT, THE STRATEGIES AND
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01/17/06
INCENTIVES OF THE PLAN, THE MAXIMUM SHIP
FUNDS ALLOWABLE FOR ASSISTANCE, THE
MAXIMUM SHIP FUNDS FOR ADMINISTRATIVE
EXPENSES; AUTHORIZING THE NECESSARY
CERTIFICATIONS BY THE MAYOR AND
AUTHORIZING SUBMISSION OF THE PLAN TO THE
STATE HOUSING FINANCE CORPORATION;
PROVIDING FOR AN EFFECTIVE DATE UPON
APPROVAL.
(The official copy of Resolution No. 5-06 is on file in the City Clerk's
Office. )
8.F. RESOLUTION NO. 6-06 (STATE HOUSING INITIATIVES
PARTNERSHIP (SHIP) HURRICANE HOUSING ASSISTANCE PLAN): Approve
Resolution No. 6-06 adopting the amended State Housing Initiatives Partnership (SHIP)
Hurricane Housing Assistance Plan for Fiscal Years 2005-2008 pursuant to Title 67-37 of
the Florida Administrative Code.
The caption of Resolution No. 6-06 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, ADOPTING
THE AMENDED ~CANE HOUSING
ASSISTANCE PLAN PURSUANT TO THE STATE
HOUSING INITIATIVES PARTNERSHIP (SHIP)
PROGRAM AS ATTACHED HERETO; AUTHORIZING
THE NECESSARY CERTIFICATIONS BY THE
MAYOR AND AUTHORIZING SUBMISSION OF THE
,PLAN TO THE STATE HOUSING FINANCE
i CORPORATION; PROVIDING FOR AN EFFECTIVE
DATE UPON APPROVAL.
(The official copy of Resolution No. 6-06 is on file in the City Clerk's
Office. )
8.G. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards for
the period January 3, 2006 through January 13,2006.
8.H. AWARD OF BIDS AND CONTRACTS:
1: Purchase award to Don Reid Ford in the amount of $13,635.00 via
the Florida Sheriffs Association Bid #04-12-0823 Rollover for the
purchase of one (I) 2006 Ford Taurus for the Fire-Safety Division.
Funding is available from 001-2317-522-64.20 (General
Fundi Automotive).
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01/17/06
2. Approve an emergency purchase order #632741 and award to
McCourt North Tennis in the amount of $25,000.00 for the
resurfacing of seven (7) hard courts at the Delray Beach Tennis
Center. Funding is available from 001-4215-575-46.90 (General
Fund/Other Repair/Maintenance Costs).
3. Purchase award to Westco Turf Supply, Inc. in the amount of
$21,333.00 via the Florida State Contract #515-630-03-1 for the
purchase of one (I) Toro Groundsmaster 3505 Fine Cut Rotary
Mower for the Parks Maintenance Division. Funding is available
from 001-4131-572-64.90 (General Fund/ Other
Machinery/Equipment).
4. Purchase award to Pitney Bowes in the amount of $27,286.00 via
the Florida State Contract Number 600-760-00-1 for the purchase
of one (I) Pitney Bowes Model DM 1000 Digital Postage Machine
with a thirty (30) pound scale for City Hall. Funding is available
from 334-6112-519-64.90 (General Construction Fund/Other
Machinery/Equipment).
Mrs. Archer moved to approve the Consent Agenda, seconded by Mrs.
Ellis. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mrs. Archer -
Yes; Vice Mayor Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to
o vote.
9.
9.A. THIS ITEM HAS BEEN WITHDRAWN DUE TO A REOUEST
FROM THE DEVELOPER.
REGULAR AGENDA:
9.B. CONDITIONAL USE EXTENSION REOUEST/BLOCK 77:
Consider an extension request for the conditional use approvals which allowed a building
height of 60 feet for a 6-story mixed-use building (residential/retail) and which allowed
the residential units to exceed 30 units per acre for Worthing Place, located on the south
side of East Atlantic Avenue between S.E. 1st Avenue and S.E. 2nd Avenue. (Quasi-
Judicial Hearing)
Vice Mayor Levinson read into the record the City of Delray Beach
procedures for a Quasi-Judicial Hearing for this item and all subsequent Quasi-Judicial
items.
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Vice Mayor Levinson asked the Commission to disclose their ex parte
communications. The Commission had no ex parte communications to disclose.
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01/17/06
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2005-347 into the record.
Mr. Dorling stated this project is the granting of an extension of two
conditional use approvals which were granted approval in January 2000. He stated this is
a mixed-use project that was subject to multiple law suits from an adjacent property
owner and those appeals were finalized on March 31, 2004 in favor of the City. Utilizing
the March 31, 2004 date, the current development approvals are valid through March 31,
2006. Demolition permits for the existing building on Block 69 have been issued and the
building has been demolished. The site has been fenced and excavated preparing the site
for the installation of the footers and underground utilities. The demolition and current
level of construction does not represent 25% of the total cost of all improvements; and it
does not appear that the development will achieve this threshold by the expiration date.
Therefore, the approval will expire on March 3 I, 2006, unless approval of the conditional
use and site plan extensions are granted. Mr. Dorling stated this project is being
processed under LDR Section 2.4.4(F)(2) "Construction Has Commenced". He stated
one has to determine whether construction has actually commenced and whether it has
commenced in good faith. Mr. Dorling stated the request is for an 18 month extension
and the approval date would run through September 30, 2007. Staff recommends
approval of this request.
: Michael Weiner, Attorney with Weiner & Aronson, P.A., 102 N. Swinton
Avenue, Dekay Beach, representing Block 77 Development Group, stated they agree
with the staff report and entered a brief into the record in support of the conditional use
extension req~est.
At this point, Vice Mayor Levinson stated if anyone wishes to speak and
they do not speak to the issue at hand he will stop the meeting. He noted this item is not
about an approval of a process; this project is already approved. At this point, staff is
discussing specifically whether or not the commencement of construction has begun as
outlined in LDR Section 2.4.5(F)(I) and Section 2.4.4(F)(2).
Vice Mayor Levinson stated if anyone from the public would like to
speak in favor or in opposition of the extension request of two conditional use approvals,
to please come fOlWard at this time.
Jim Smith, 1225 S. Ocean Boulevard, Delrav Beach, stated in his
opinion, the applicant has not complied and this does not meet the Code.
Vicki Rvder, 2959 "C" N.W. loth Street, Delrav Beach, stated she
believes the extension should not be granted and sang a song into the record on behalf of
"SAVEDELRAY".
John Bennett, 137 Seabreeze Avenue, Delrav Beach, speaking on
behalf ofthe Progressive Residents of Delray (PROD), urged the Commission to deny the
extension request for extra height and density for the building on Block 77. He stated the
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01117/06
LDR Section states that there has to have been substantial construction and in his opinion
there has not been.
There being no one else from the public who wished to give testimony on
this item, the public hearing was closed.
Mr. Dorling and Mr. Weiner had no cross-examination.
Mr. Weiner gave a briefrebuttal. Mr. Weiner stated Block 69 and Block
77 are tied together and are one site and meet the requirements under the Code with
respect to "Construction Has Commenced" and LDR Section 2.4.4(F)(2). He urged the
Commission to vote in favor of the extension request and stated substantial competent
evidence has been met.
At this point, the City Attorney reviewed the Board Order with the
Commission who made findings according to their consensus (attached hereto is a copy
and made an official part of the minutes).
It was the consensus of the City Commission to approve the Conditional
Use extension request to be valid until September 30, 2007.
Mrs. Archer moved to approve to adopt the Board Order, seconded by
Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mrs.
Archer - Yes; Vice Mayor Levinson - Yes; Ms. McCarthy - Yes. Said motion passed
with a 4 to 0 vote.
At this point, Vice Mayor Levinson stated for those people who were not
here in 2000, 2001 or 2002 or later and for those who were and did not participate for one
reason or another, this project was the impotence for the Master Plan of the downtown.
The purpose of this was to ensure the quality of development as the City moved forward
into the redevelopment of the downtown. Vice Mayor Levinson stated it started with
hundreds of'. residents who got together at Charettes, workshops, meetings, and
presentations who weighed in thousands of hours to ensure that the quality of
development and the design was codified in the City's Code. The Master Plan was
adopted and from that the Design Guidelines were developed and from that the Design
Guidelines were inserted into the Land Development Regulations (LDR's) of the City to
ensure that any and all development was consistent with the goals and objectives. He
encouraged the public to go to the City's website or the CRA's website and download a
copy ofthe Master Plan, the Design Guidelines, and the LDR's.
9.C. DOWNTOWN MARKETING CO-OPERATIVE AGREEMENT:
Consider approval of the Downtown Marketing Co-operative Agreement (formerly
known as the Joint Venture) with the City, Community Redevelopment Agency,
Downtown Development Authority, and the Chamber of Commerce.
For clarification, Ms. McCarthy asked if the West Atlantic
Redevelopment Coalition (W ARC) is a participant in this. Mr. Barcinski stated W ARC
is not a voting member at this point; however, W ARC attends all the Downtown
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01117/06
Marketing Co-Operative meetings and have input into the process and what is being
done. Furthermore, Mr. Barcinski stated W ARC is presumably taken care of through the
CRA's Board.
Ms. McCarthy moved to approve the Downtown Marketing Co-operative
Agreement between the City of Delray Beach, the Community Redevelopment Agency
(CRA), the Downtown Development Authority (DDA), and the Chamber of Commerce,
seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs. Archer-
Yes; Vice Mayor Levinson - Yes; Ms. McCarthy - Yes; Mrs. Ellis - Yes. Said motion
passed with a 4 to 0 vote.
At this point, the time being 7:00 p.m., the Commission moved to the
duly advertised Public Hearings portion of the Agenda.
10.
PUBLIC HEARINGS:
10.A. ORDINANCE NO. 1-06: Rezoning from POD (Professional Office
District) to RM-lO (Medium Density Residential-l 0 Units per acre) for a 1.77 acre parcel
to be known as Palm Trail Carriage Homes, 816 Palm Trail, located approximately 170
feet north of George Bush Boulevard. Prior to consideration of passage of this ordinance
on Second and FINAL Reading, a public hearing has been scheduled to be held at this
time. (Quasi~Judicial Hearing)
.. The caption of Ordinance No. 1-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
REZONING AND PLACING LAND PRESENTLY
ZONED PROFESSIONAL AND OFFICE (POD)
DISTRICT TO MEDIUM DENSITY RESIDENTIAL-
10 UNITS PER ACRE (RM-1O) DISTRICT; SAID
LAND BEING A PARCEL LOCATED ON THE
. WEST SIDE OF PALM TRAIL, APPROXIMATELY
170 FEET NORTH OF GEORGE BUSH
· BOULEVARD, AS MORE PARTICULARLY
DESCRIBED HEREIN; AMENDING "ZONING MAP
OF DELRAY BEACH, FLORIDA, APRIL 2005";
PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTNE DATE.
(The official copy of Ordinance No. 1-06 is on file in the City Clerk's
Office. )
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
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01117/06
Vice Mayor Levinson passed the gavel to Deputy Vice Mayor Ellis and
stepped down from the dais.
The City Attorney asked the Commission to disclose their ex parte
communications. The Commission had no ex parte communications to disclose.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2006-007 into the record.
Mr. Dorling stated this rezoning involving eleven (II) platted lots (Lots 4
through 9 and 13 through 17, Block S, Sophia Frey) and associated abandoned alleyways
totaling 1.77 acres. The property contains an existing 22,799 square foot medical/office
building with POD (Professional & Office District) associated parking area. The subject
property is owned by Palm Trail Holdings, L.L.C. and is proposing to demolish the
existing two-story building and construct 16 townhome units. The proposed use cannot
be accommodated under the current POD zoning and a change of zoning is being sought.
The I. 77 acre site, if rezoned to RM -10, would allow for a maximum of 17 townhome
units.
At its meeting of November 21, 200S, the Planning and Zoning Board
considered the request and it was postponed by the Board by a 4 to 2 vote with direction
to staff to check the utilities and alley abandonment situation. At its meeting of
December 19, 200S, the Planning and Zoning Board reconsidered the request at a public
hearing. The same member of the public spoke and clarified that there were no more
concerns relating to the adjacent alley or utilities. The Board voted unanimously S to 0 to
recommend approval ofthe rezoning request.
, At this point, Vice Mayor Levinson returned to the dais.
Gary Eliopoulos, Kupi & Eliopoulos Architects, P.A., stated his partner
Rusty Kupi is present for any questions.
Vice Mayor Levinson stated if anyone from the public would like to
address the Commission regarding Ordinance No. 1-06, to please come forward at this
time.
Prior to the vote, Mrs. Archer stepped down from the dais.
Mrs. Ellis moved to adopt Ordinance No. 1-06 on Second and FINAL
Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows:
Vice Mayor Levinson - Yes; Ms. McCarthy - Yes; Mrs. Ellis - Yes. Said motion passed
with a 3 to 0 vote.
IO.B. ORDINANCE NO. 2-06: Amendment to Land Development
Regulations Subsection 4.3.4(J), "Height", by amending Paragraph 4.3.4 (J)(I),
"Defined"; Paragraph 4.3.4.(J)(3), "Exceptions to District Height Limitations"; Paragraph
4.6.l8(B)(14)(i), "Roofs and Gutters"; and Appendix "A", "Definitions"; to allow and
regulate parapets. Prior to consideration of passage of this ordinance on Second and
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01/17/06
FINAL Reading, a public hearing has been scheduled to be held at this time.
The caption of Ordinance No. 2-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, BY AMENDING
SUBSECTION 4.3.4(J), "HEIGHT"; BY AMENDING
PARAGRAPH 4.3.4(J)(I), "DEFINED"; AMENDING
PARAGRAPH 4.3.4(J)(3), "EXCEPTIONS TO DISTRICT
HEIGHT LIMITATIONS"; AMENDING PARAGRAPH
4.6.l8(B)(14)(i), "ROOFS AND GUTTERS";
AMENDING APPENDIX "A", "DEFINITIONS", TO
ALLOW AND REGULATE PARAPETS; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 2-06 is on file in the City Clerk's
Office. )
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Paul Dorling, Director of Planning and Zoning, stated this is a privately
initiated LDR amendment to allow the slopped parapets up to 6 feet in height as a
decorative feature on top of a flat roof without altering the way height is measured.
Currently, this option is only available for vertical parapets and this limits architectural
detailing flexibility.
At this point, Mrs. Archer returned to the dais.
At its meeting of December 19,2005, the Planning and Zoning Board held
a public hearing in conjunction with the text amendment. There was no one from the
public that spoke on the issue. The Board voted unanimously 6 to 0 to recommend
approval of the text amendment request to regulate sloped parapets.
Vice Mayor Levinson declared the public hearing open. There being no
one from the public who wished to address the Commission regarding Ordinance No. 2-
06, the public hearing was closed.
Mrs. Ellis asked if the 50% of the flat roof area is 50% around the top of
the building that the parapet would be built. In response, Mr. Dorling stated this is 50%
coverage or a maximum of 12 feet.
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01117/06
Mrs. Archer moved to adopt Ordinance No. 2-06 on Second and FINAL
Reading, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Ms.
McCarthy - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes; Vice Mayor Levinson - Yes. Said
motion passed with a 4 to 0 vote.
to.Co ORDINANCE NO. 3-06: Amendment to Land Development
Regulations Section 4.6.9, "Off-Street Parking Regulations", Subsection 4.6.9(C),
"Number of Parking Spaces Required" for the reservation of one (I) parking space per
residential unit in mixed-use developments utilizing the shared parking tables. Prior to
consideration of passage of this ordinance on Second and FINAL Reading, a public
hearing has been scheduled to be held at this time.
The caption of Ordinance No. 3-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES,
BY AMENDING SECTION 4.6.9, "OFF-STREET
PARKING REGULATIONS", SUBSECTION (C),
"NUMBER OF PARKING SPACES REQUIRED",
PARAGRAPH (8)(A), "SHARED PARKING", TO
ESTABLISH STANDARDS FOR RESERVED
SPACES FOR MIXED USE DEVELOPMENTS;
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 3-06 is on file in the City Clerk's
Office. )
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Scott Aronson, Parking Management Specialist, stated at the City
Commission meeting of January 3, 2006, staff presented Ordinance No. 3-06 which
require developers using the shared parking tables in mixed use developments to reserve
one parking space per residential unit. At that meeting, the City Commission directed
staff to show various scenarios as to how this would affect the actual parking
requirements and what would need to be provided with and without those reserved
spaces. He briefly reviewed the three scenarios (The Strand, 5th Avenue Townhomes,
and Fifth Avenue Flats). Mr. Aronson stated staff feels that based on the small
percentage of increased parking spaces that are required in addition to the fact that most
of the larger developments are all using tiered parking to the rear of the development so
that the "sea of asphalt" would not be prevalent, you would have the entryways to the
parking deck or garage on one street possibly two if there is a dual entrance. He stated
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0I/I7/06
staff recommends approval given those facts along with the benefits to the residents
purchasing the units.
Vice Mayor Levinson declared the public hearing open.
Jim Smith. 1225 S. Ocean Boulevard. Delrav Beach. congratulated Mr.
Aronson and the City for the concept of shared parking and feels it is a terrific idea. Mr.
Smith suggested that staff look at peak periods on a daily basis and not take an average of
just the week.
There being no one else from the public who wished to address the
Commission regarding Ordinance No. 3-06, the public hearing was closed.
Mrs. Archer moved to adopt Ordinance No. 3-06 on Second and FINAL
Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows:
Mrs. Ellis - Yes; Mrs. Archer - Yes; Vice Mayor Levinson - Yes; Ms. McCarthy - Yes.
Said motion passed with a 4 to 0 vote.
lO.D. ORDINANCE NO. 4-06: An ordinance amending Chapter 91,
"Animals" of the Code of Ordinances by amending Section 91.20, "Running at Large", to
clarify that "at large" shall mean not under the direct control of owner whether on or off
owner's property. Prior to consideration of passage of this ordinance on Second and
FINAL Reading, a public hearing has been scheduled to be held at this time.
The caption of Ordinance No. 4-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING THE CODE OF ORDINANCES OF THE
CITY OF DELRA Y BEACH, BY AMENDING SECTION
91.20, "RUNNING AT LARGE", IN ORDER TO
CLNUFY THAT DOGS MUST BE UNDER THE
OWNER'S DIRECT CONTROL WHETHER THEY ARE
ON OR OFF OF THE OWNER'S PROPERTY,
PROVIDING A GENERAL REPEALER CLAUSE;
SAVING CLAUSE; AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 4-06 is on file in the City Clerk's
Office. )
The City Attorney read the caption ofthe ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Vice Mayor Levinson declared the public hearing open. There being no
one from the public who wished to address the Commission regarding Ordinance No. 4-
06, the public hearing was closed.
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01/17/06
Ms. McCarthy moved to adopt Ordinance No. 4-06 on Second and FINAL
Reading, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs.
Ellis - Yes; Mrs. Archer - Yes; Vice Mayor Levinson - Yes; Ms. McCarthy - Yes. Said
motion passed with a 4 to 0 vote.
H.A.
City Manal!er's response to prior public comments and inauiries.
The City Manager had no comments or inquiries on non-agenda items.
H.B.
From the Public.
H.B.I. Jim Smith. 1225 S. Ocean Boulevard. Delrav Beach. stated in his
OpInIOn the only one way that Delray Beach can retain its village by-the-sea is by
reducing the number of car trips. He stated traffic grid-lock is universally cited as the
primary reason people give for the lower quality of life. He stated more parking, more
cars, more lanes, and more streets do not solve traffic congestion. He stated downtown
density can be a positive thing when it is supported by a convenient and comfortable
public transportation system that is linked to other transportation alternatives like walking
and biking. He suggested that the City implement a City Transportation System and that
the developers pay part of the costs of an integrated transportation system. He urged the
Commission to address the transportation needs of the citizens and asked that the City
Manager complete an application for State funding for a Pedestrian/Bike Coordinator.
Mr. Smith stated the money is free and he volunteered himself for the job.
At this point, the time being 7:18 p.m., the Commission moved to Item
9.D. of the Regular Agenda.
9.D. AGREEMENT/CGI COMMUNICATIONS. INC.: Consider approval
of an agreement with CGI Communications, Inc. to provide an online community video
program for the City.
Doug Smith, Assistant City Manager, stated at a previous City
Commission meeting staff presented the Commission with additional research on a video
program sponsored by the Florida League of Cities. CGI Communications (through their
e-LocalLink division) will produce an online video program to be linked to the City's
web site that will highlight various aspects of our community such as businesses,
education, recreation and housing. In addition, the website can also have a welcome
from the Mayor. Mr. Smith stated staff did further research with the assistance of the
Chamber and spoke to other companies to see if they could provide a comparable
program. Only one of the companies was able to do this. The production cost for their
services is $34,000.00 versus the initial company CGI Communications which would be
at no cost to the City.
Mr. Smith stated if this is something the Commission would like to pursue
further, the City Attorney will need to review the contract and make the necessary
changes before staff brings this back.
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01117/06
Ms. McCarthy asked if the City decides to put this into place, does the
City retain the ability to okay what is going to be on the video. Mr. Smith stated under
the agreement the City of Delray Beach would have the final approval for all the video
content that is placed on the website as well as work that the City might do to provide
additional videos that would be on the site at no charge to the City.
Mrs. Ellis asked if this proposal would allow someone to sell those
marketing opportunities on the video. Mr. Smith stated the company would have the
opportunity and be responsible for doing this.
Brief discussion between staff and the Commission continued.
After brief discussion, it was the consensus of the Commission to defer
this item.
9.E. FUNDING REOUESTIRAINBOW TENNIS TOURNAMENT:
Consider a funding request from Mr. Yusuf Ahmed in the amount of $7,000.00 to help
offset costs of the Rainbow Tennis Tournament to be held February 17-19, 2006 at the
Tennis Center. Staff recommends denial.
Robert A. Barcinski, Assistant City Manager, stated this is a request to
consider a funding request from Mr. Yusuf Ahmed in the amount of$7,000 to support the
Rainbow Tennis Tournament. Staff received the final budget for the event which shows
the difference between event revenues and expenses as $3,315.00. Staff originally
recommended that this request be denied and that it should go through the normal budget
request process; however, if the City Commission wishes to fund this, the City Manager
has identified a couple of funding sources. Mr. Barcinski stated he suggests that the
Commission fund the difference between the revenues and expenses.
Yusuf Ahmed, 1367 Fairfax Circle East, Boynton Beach, President of
Rainbow Tennis Association, stated the minority group in the City needs to be more
involved in the Delray Beach Tennis Center.
Mrs. Ellis stated Mr. Ahmed's motives are admirable; however, she
cannot justify this as emergency funding. She stated to be fair Mr. Ahmed should really
go up against the other organizations that are vying for funding under the normal process.
Mrs. Ellis moved to approve the funding request in the amount of
$3,000.00 with an undetermined source to help offset the costs of the Rainbow Tennis
Tournament to be held February 17-19, 2006, seconded by Ms. McCarthy. Upon roll call
the Commission voted as follows: Mrs. Archer - Yes; Vice Mayor Levinson - No; Ms.
McCarthy - Yes; Mrs. Ellis - No. Said motion was a tie with a 2 to 2 vote.
Brief discussion by the Commission followed.
Due to a tie vote, the following second motion was made:
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01117/06
Ms. McCarthy moved to approve the event with a financial contribution of
$2,300.00 from the current City Commission Event Account, seconded by Mrs. Ellis.
Prior to the vote, Mrs. Archer asked if the maker of the motion would
consider changing the amount to $500.00 so that the Commission can show support and
encourage them to corne back next year following regular procedures.
Ms. McCarthy stated she will accept changing the amount to $500.00 as
long as staff asks Mr. Dubin if he can help identify other sponsors who might be able to
help this particular program.
Due to a tie vote, the amended motion was made:
Ms. McCarthy moved to approve to support the event and offer a $500.00
contribution from the City Commission Event Account subj ect to staff asking Mr. Dubin
to help identify other sponsors, seconded by Mrs. Ellis. 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.F. SPONSORSHIP REOUESTINATURAL MEN AND NATURAL
WOMEN ORGANIZATION (NMANWO): Consider a sponsorship request from the
Natural Men and Natural Women Organization (NMANWO) for the North Florida/South
Florida All Stars football game which was held on December 31, 2005; several of the
Delray Rocks Players and Coaches participated in the game. If approved, a funding
source will need to be identified.
Robert A. Barcinski, Assistant City Manager, stated this is a request for a
sponsorship from the Natural Men and Natural Women Organization (NMANWO) for a
Youth All Star Football Game which was held at the old Atlantic High School football
field on December 31, 2005. This game was originally scheduled to be held at the old
Atlantic High School field but had to be changed due to conflicts with soccer. Although
sponsorship p'ackages start at $750 they were requesting a donation of any amount.
Vice Mayor Levinson asked if this item can be brought back and he would
like to know if the recipient is going to be a Delray Beach recipient and what the
scholarship is for.
Mrs. Ellis suggested that financial information be obtained.
Ms. McCarthy concurs with comments expressed by Vice Mayor
Levinson and stated she would like staff to make certain that people have the proper
papeIWork and she would like to see the financial information as well.
Ms. McCarthy moved to approve to table this item until further financial
information is obtained from staff, seconded Mrs. Ellis. Upon roll call the Commission
voted as follows: Ms. McCarthy - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes; Vice
Mayor Levinson - Yes. Said motion passed with a 4 to 0 vote.
- 17 -
01/17/06
9.G. SPONSORSHIP REQUEST/4TH ANNUAL AFRICAN DIASPORA
AWARDS AND LUNCHEON 2006: Consider a request from Jane Bassa Tolliver to
provide a Bronze Sponsorship in the amount of $500 for the 4th Annual African Diaspora
Awards and Luncheon to be held on February 5, 2006. If approved, a funding source will
need to be identified.
Robert A. Barcinski, Assistant City Manager, stated this is a request for
the Commission to provide a Bronze Sponsorship in the amount of $500.00 for this
awards program being held on February 5, 2006.
Brief discussion by the Commission followed.
Ms. McCarthy moved to purchase a table in the total amount of $300.00
for the 4th Annual African Diaspora Awards and Luncheon, seconded by Mrs. Ellis.
Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mrs. Archer - Yes;
Vice Mayor Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0
vote.
9.H. APPOINTMENT TO THE CODE ENFORCEMENT BOARD:
Appoint one (I) regular member to the Code Enforcement Board for a three (3) year term
ending January 14,2009. Based upon the rotation system, the appointment will be made
by Commissioner McCarthy (Seat #4).
Ms. McCarthy moved to reappoint Anthony Veltri as a regular member
of the Code Enforcement Board for a three (3) year term ending January 14, 2009,
seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs. Ellis -
Yes; Mrs. Archer - Yes; Vice Mayor Levinson - Yes; Ms. McCarthy - Yes. Said motion
passed with a 4 to 0 vote.
9.1. APPOINTMENT TO THE NUISANCE ABATEMENT BOARD:
Appoint one (I) regular member to the Nuisance Abatement Board for an unexpired term
ending March 31, 2007. Based upon the rotation system, the appointment will be made
by Commissioner McCarthy (Seat #4).
Ms. McCarthy moved to reappoint Philip Friedman as a regular member
of the Nuisance Abatement Board for an unexpired term ending March 31, 2007,
seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer
- Yes; Vice Mayor Levinson - Yes; Ms. McCarthy - Yes; Mrs. Ellis - Yes. Said motion
passed with a 4 to 0 vote.
9.J. . APPOINTMENTS TO THE PARKING MANAGEMENT
ADVISORY BOARD: Appoint three (3) regular members to the Parking Management
Advisory Board to represent: the Atlantic Avenue corridor between Swinton A venue and
the Intracoastal, the Atlantic Avenue and State Road AlA corridors lying east of the
Intracoastal Waterway, and the Atlantic Avenue corridor between Swinton Avenue and
Interstate 95 for two (2) year terms ending January 31, 2008. Based upon the rotation
system, the appointments will be made by Commissioner Levinson (Seat #3),
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01117/06
Commissioner McCarthy (Seat #4), and Mayor Perlman (Seat #5).
Vice Mayor Levinson stated due to Mayor Perlman's absence, his
appointment will be deferred to the Regular City Commission meeting of February 7,
2006.
Mrs. Ellis moved to reappoint Jorge Ramos as a regular member to the
Parking Management Advisory Board for a two (2) year term ending January 31, 2008,
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.
Ms. McCarthy moved to reappoint Jeannette Dobson as a regular member
to the Parking Management Advisory Board for a two (2) year term ending January 31,
2008, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Ms.
McCarthy - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes; Vice Mayor Levinson - Yes. Said
motion passed with a 4 to 0 vote.
9.1(. APPOINTMENT TO THE POLICE AND FIREFIGHTERS
RETIREMENT SYSTEM BOARD OF TRUSTEES: Appoint one (I) regular
member to the Police and Firefighters Retirement System Board of Trustees for an
unexpired term ending June 30, 2006. Based upon the rotation system, the appointment
will be made by Mayor Perlman (Seat #5).
Vice Mayor Levinson stated due to Mayor Perlman's absence, his
appointment will be deferred to the Regular City Commission meeting of February 7,
2006.
9.L. APPOINTMENT TO THE POLICE ADVISORY BOARD: Appoint
one (I) regular member to the Police Advisory Board for a two (2) year term ending
December 13,2007. Based upon the rotation system, the appointment will be made by
Commissioner Ellis (Seat #1).
Mrs. Ellis moved to appoint Shelly Weil as a regular member to the Police
Advisory Board for a two (2) year term ending December 13, 2007, seconded by Ms.
McCarthy. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mrs.
Archer - Yes; Vice Mayor Levinson - Yes; Ms. McCarthy - Yes. Said motion passed
with a 4 to 0 vote.
9.M. APPOINTMENT TO PUBLIC EMPLOYEES RELATIONS
COMMISSION: Appoint one (I) regular member to the Public Employees Relations
Commission (PERC) for a four (4) year term ending January 29,2010. Based upon the
rotation system, the appointment will be made by Commissioner Levinson (Seat #3).
Vice Mayor Levinson stated he wished to reappoint Lorraine Kasper as a
regular member to the Public Employees Relations Commission (pERC) for a four (4)
year term ending January 29,2010. Mrs. Archer so moved, seconded by Ms. McCarthy.
Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mrs. Archer - Yes;
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01117/06
Vice Mayor Levinson - Yes; Ms. McCarthy - Yes.
9.N. RECONSIDERATION OF THE POLICE ADVISORY BOARD
APPOINTMENTS: Reconsideration of the Police Advisory Board Appointments that
were approved at the December 13, 2005 Commission Meeting.
Mrs. Ellis moved to table this item until the Regular City Commission
meeting of February 7, 2006, seconded by Ms. McCarthy. Upon roll call the
Commission voted as follows: Mrs. Ellis - Yes; Mrs. Archer - Yes; Vice Mayor
Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote.
At this point, the Commission moved to Item 12, First Readings.
12.
FIRST READINGS:
12.A. ORDINANCE NO. 8-06: An ordinance amending Chapter 71, "Parking
Regulations", "General Provisions" of the Code of Ordinances by enacting Section
71.006, "Surcharge on Parking Fines", to provide for a surcharge on parking fines to fund
the School Crossing Guard Program. If passed, a public hearing will be scheduled for
February 7,2006.
The caption of Ordinance No. 8-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING THE CODE OF ORDINANCES OF THE
CITY OF DELRA Y BEACH, BY AMENDING
CHAPTER 71, "PARKING REGULATIONS",
"GENERAL PROVISIONS", AND ENACTING
SECTION 71.006, "SURCHARGE ON PARKING
FINES", TO PROVIDE FOR A SURCHARGE ON
PARKING FINES TO FUND THE SCHOOL CROSSING
GUARD PROGRAM; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTNE DATE.
(The official copy of Ordinance No. 8-06 is on file in the City Clerk's
Office. )
The City Attorney read the caption ofthe ordinance.
Mr. Levinson asked if this could be implemented mid-year. The City
Manager stated this is something that could be done.
Mrs. Archer moved to approve Ordinance No. 8-06 on FIRST Reading,
seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs.
Archer - Yes; Vice Mayor Levinson - Yes; Ms. McCarthy - Yes; Mrs. Ellis - Yes. Said
motion passed with a 4 to 0 vote.
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01117/06
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
B.A. City Manal!er
The City Manager stated the County recently changed the hours for the
sale of alcohol on Sunday and he has received a request from one of the City's service
station owners asking whether the Commission will entertain changing the City's
ordinance to allow the beer sales on Sunday morning. After brief discussion, it was the
consensus of the Commission to not support changing the hours of sale for alcohol on
Sundays.
Secondly, he stated the League of Cities General Membership meeting
will be held at the new Delray Beach Library on February 22, 2006 at 10:30 a.m.
Lastly, the City Manager stated there is a Special City Commission
meeting scheduled for January 18, 2006 which will be held at the South Central Regional
Wastewater Treatment Plant.
13.B. City Attornev
The City Attorney had no comments or inquiries on non-agenda items.
B.C.
13.C.1.
City Commission
Mrs. Archer
Mrs. Archer stated she will not be attending the SCRWTDB meeting or
the Special Commission meeting because she has a Board of Directors meeting with Aid
to Victims of Domestic Abuse (A VDA).
Secondly, she stated she would like to attend the Drug Task Force
Meeting so that she can give her input to their Goal Setting. Mrs. Archer stated this
meeting is in conflict with the Metropolitan Planning Organization (MPO) meeting
because it is on Thursday morning. Mrs. Ellis stated she will attend the MPO meeting.
Mr. Levinson stated A VDA received funding from the Federal
Government of approximately $150,000. Mrs. Archer stated A VDA will be going to see
the Mayor of the City of Boca Raton on Friday morning to see if they can secure some of
the funds that went into the Police Fund for the closing of the house of prostitution so that
housing can be provided for the administration offices of A VDA.
Mrs. Archer stated A VDA is attending the non-profit workshop here in the
City and they are excited to participate.
- 21 -
01/17/06
13.C.2.
Mrs. Ellis
Mrs. Ellis had no comments or inquiries on non-agenda items.
13.C.3.
Ms. McCarthv
Ms. McCarthy stated she is pleased to see that the 14th Annual Town Hall
meeting is scheduled.
Secondly, she stated she is delighted to see the brochure entitled "What's
New on the Avenue" that is going to incorporate the grand opening of the Atlantic Grove
businesses with Art & Jazz on the Avenue.
Ms. McCarthy thanked the organizations that take the time and energy to
put together functions and recognition of Dr. Martin Luther King, Jr. and stated the
celebrations get better and better each year. She thanked the City Manager for walking
from City Hall to Pompey Park.
13.C.4.
Vice Mavor Levinson
Vice Mayor Levinson stated the reception for the new round of the Non-
profit Academy began last Thursday and this year the senior volunteer executives are
going to be helping in working with several organizations to focus on some of their post-
training. He stated some of the meetings typically attended only by staff have been
opened up to allow Board participation.
Secondly, Mr. Levinson commented about the Mike Machek Park
Groundbreaking Ceremony.
Vice Mayor Perlman commented about Martin Luther King, Jr. Day and
thanked Mr. & Mrs. Strainge and the committee.
He stated there was a terrific article about Delray Beach in the South
Florida Magazine.
He commented about an article in the Boca Magazine about the great job
Mayor Perlman has done.
Vice Mayor Levinson announced that tomorrow night is the first
Community Land Trust (CLT) Annual meeting. He stated the Community
Redevelopment Agency (CRA) and the Community Land Trust Advisory Board selected
an Attorney (David Schmidt) to replace Bob Federspiel who had been doing multiple
duties for numerous things including the CL T.
Vice Mayor Levinson stated he and Commissioner McCarthy were at
Cason United Methodist Church and Reverend Austin gave a speech about the lack of
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01117/06
affordable housing. He stated he spoke to Reverend Austin after her presentation and
informed her he has been eyeing the property to the west of the church and asked if the
church would contribute that land to the CLT so that the City could build additional
affordable workforce housing on it. Reverend Austin has agreed to take this back to their
church Board.
Ms. McCarthy stated Vice Mayor Levinson's suggestion is marvelous and
stated she too has approached Reverend Austin as well. Ms. McCarthy is scheduling a
meeting for Reverend Austin to meet with someone from D.C. because there are dollars
that the Commission has not accessed that are available from the Federal Government to
build affordable housing. If we can help them with dollars (access dollars that are
available for religious institutions) to build affordable housing, then, they maintain the
ownership.
The City Manager stated a Pastor in town complained about the housing
situation and the City Manager cornmented that he is aware of several churches around
the country that have very vigorous housing programs that they sponsor.
There being no further business, Mayor Perlman declared the meeting
adjourned at 8:11 p.m.
City Clerk
ATTEST:
MAYOR
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the
information provided herein is the Minutes of the Regular City Commission Meeting held
on January 17, 2006, which Minutes were formally approved and adopted by the City
Commission on
City Clerk
- 23 -
01117/06
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.
- 24-
01117/06
,
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
EXTENSION REQUEST FOR CONDITIONAL USE APPROVALS GRANTED TO
BLOCK 77 DEVELOPMENT FOR HEIGHT AND DENSITY (THE EXTENSION
REQUEST)
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. The above named conditional use extension request has come before the
City Commission on January 17, 2006.
2. This conditional use extension request comports with the future land use
element, is concurrent with the Comprehensive Plan and is consistent with the goals.
policies and objectives of the City's Comprehensive Plan.
3. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the conditional use extension request for
the Block 77 Development. All of the evidence is a part of the record in this case.
Required findings are made in accordance with LDR Section 2.4.4(F)(1) and (F)(2).
4. Section 2.4.4(F)(1) requires certain preliminary requirements to be met,
such as:
A written request submitted at least 45 days prior to the expiration date;
The request must set forth the basis and reason for the extension;
The request must be considered by the same body that granted the approval;
The extension, if granted, shall be for a term of 18 months unless otherwise
stated.
Have the preliminary requirements of Section 2.4.4(F)(1) been met?
Yes ~ No.JL
5. In making a determination under LDR Section 2.4.4(F)(2) the Commission
shall consider the following regarding the diligence and good faith of the Developer:
When the construction commenced;
The extent to which construction has proceeded;
r+e.M q.B.
.
The extent to which there has been a bonafide continuous effort to develop but
because of circumstances beyond the control of the developer, it was not
possible to meet the 25% standard.
Has the Developer shown diligence and good faith to commence and
complete construction of the Block 77 Development Project?
Yes 4
No 0
6. The comments and notes set forth in the staff report are hereby
incorporated herein.
7. The City Commission has applied the LOR requirements in existence at
the time the conditional use extension request was submitted.
8. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses supporting these findings.
9. Based on the entire record before it, the City Commission approves ----2L
denies _ the conditional use extension request to allow the previous conditional use
approval to be valid until September 30,2007. The City Commission hereby adopts this
Order this 17th day of January, 2006, by a vote of
4 in favor and
o
opposed.
,
ATTEST:
\~ll~Q, j'\\ap.;;j, ~~OllJll
Chevelle Nubln ~va ldCJ:)lp
City Clerk
2
SPECIAL MEETING
JANUARY 18, 2006
A Special Meeting of the City Commission of the City of Delray Beach, Florida, was
called to order by Vice-Mayor Jon Levinson in the Conference Room at the South Central Regional
Wastewater Treatment Plant at 5:50 p.m., on Wednesday, January 18, 2006.
Roll call showed:
Present -
Commissioner Rita Ellis
Vice-Mayor Jon Levinson
Commissioner Alberta McCarthy
Absent -
Commissioner Patricia Archer
Mayor Jeff Perlrnan
Also present were - City Manager David T. Harden
City Attorney Susan A. Ruby
City Clerk Chevelle D. Nubin
Vice-Mayor Levinson called the meeting to order and announced that it had been
called for the purpose of considering the following item:
1. RATIFICATION OF THE SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD ACTIONS: Approve and ratify the actions
of the South Central Regional Wastewater Treatment and Disposal Board at their Quarter
Annual Meeting of January 18,2006.
Mrs. Ellis moved to approve and ratify the actions of the South Central Regional Wastewater
Treatment and Disposal Board at theit Quarter Annual Meeting of January 18, 2006,
seconded by Ms. McCarthy. Upon roll call, the Commission voted as follows: Vice-Mayor
Levinson - Yes; Ms. McCarthy - Yes; and Mrs. Ellis - Yes. Said motion passed 3-0.
Vice-Mayor Levinson declared the Special Meeting adjourned at 5:56 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 Meeting of the City Commission held on
Wednesday, January 18, 2006, 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.
2
January 18, 2006
WHEREAS, February is designated as black history month and African
Americans have contributed immeasurably to the richness of our dynamic,
multicultural society. They embody our Nation's core values, including devotion to
family, commitment to hard work and pride in their heritage, and have added to every
aspect of our national life; and
WHEREAS, we must bear witness to the progress, richness, and diversity of
African American achievement; and
WHEREAS, the preservation and conservation of African American heritage
and culture is important to our history; and
WHEREAS, an observance of African American achievement has been
recognized since 1926; and
WHEREAS, it is important that we share this celebration of the human spirit
as demonstrated by the traditions and legacies of our African American citizens.
NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray
Beach, Florida, on behalf of the City Commission do hereby proclaim the month of
February, 2006 as
BLACK HISTORY MONTH
and encourage all of our residents to join in this recognition of the accomplishments
and contributions made to our community and country by our fellow African
Americans.
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 7'" day of
February, 2006.
JEFF PERLMAN
MAYOR
CoPt
fA
O?M
~
TO: DAVID T. HARDEN, CITY MANAGER ~
THRU: PAUL DORLlNG, DIRECTOR OF PLANNING AND ING
FROM: NGUYEN TRAN, SENIOR PLANNER '1~ .Uf-
SUBJECT: MEETING OF FEBRUARY 7, 2006 /7 ,. ... CONSENT AGENDA ...
ABANDONMENT OF RIGHT-OF-WAY FOR DIXIE BOULEVARD AS SHOWN ON
THE PLAT OF DEL-RATON PARK (PLAT BOOK 14, PAGES 9 & 10), LYING
BETWEEN LINDELL BOULEVARD AND AVENUE K.
II_m.~~~!m...
The request involves abandoning the remaining portion of Dixie Boulevard right-of-way lying north of
Lindell Boulevard as shown on the plat of Del-Raton Park (PB 14, Pgs 9-10). Dixie Boulevard right-of-
way originally extended from the southern limits of the plat of Del-Raton Park to the southern right-of-
way line of Avenue A. Over the course of time, Dixie Boulevard right-of-way north of Avenue K and
south of Lindell Boulevard has been abandoned and incorporated into adjacent developments. The
subject area proposed for abandonment is the remaining portion of Dixie Boulevard located between
Avenue K and Lindell Boulevard.
The original request was to abandon both a portion of Avenue "K" and Dixie Boulevard. At its meeting
of April 19, 2004, the Planning and Zoning Board considered the requests at a public hearing and
voted to recommend approval of both abandonments subject to conditions. In addition, the Planning
and Zoning Board recommended that the applicant work with staff to abandon Avenue "K" prior to
Dixie Boulevard to satisfy the request from adjacent property owner on the north, Sherwood Honda.
At its meeting of July 5, 2005, the City Commission approved the abandonment of Avenue "K" and the
balance of the abandonment (Dixie Boulevard) is now before the City Commission concurrent with
final plat approval.
The City's Environmental Services Department has reviewed the request and has no objection to the
abandonment. Florida Power & Light, BellSouth and Adelphia Cable have identified overhead facilities
within the abandonment area. All three utility providers have stated that they do not object to the
abandonment as long as a utility easement was granted for their facilities. Florida Public Utilities
Company did not locate any facilities and therefore has no objection. The site has been cleared and
all utilities have been relocated. New easements are being dedicated on the plat of Latitude Delray to
accommodate proposed utilities. Additional background and a complete analysis of the request are
found in the attached Planning and Zoning Board report.
At its meeting of April 19, 2004, the Planning and Zoning Board considered the request at a public
hearing. The Board voted 5-0 (Borchardt and Pike absent) to recommend to the City Commission
approval of the abandonment of the remaining portion of Dixie Boulevard, lying between Lindell
Boulevard and Avenue K, based upon positive findings with respect to LDR Section 2.4.6(M)(5),
subject to conditions. All conditions have been satisfactorily addressed.
By motion, approve the abandonment of right-of-way for Dixie Boulevard, lying between Lindell
Boulevard and Avenue "K", based upon positive findings with respect to LDR Section 2.4.6(M)(5).
Attachments:
. Location Map
. Abandonment Resolution
. Planning & Zoning Staff Report of April 19, 2004
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ABANDONMENT
CITY OF OELRAY BEACH, FL
PLANNING at ZONING DEPARTMENT
- REMAINING PORTION OF DIXIE BOULEVARD, DEL-RATON PARK PLAT-
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RESOLUTION NO. 7-06
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING A PORTION OF DIXIE BOULEVARD
RIGHT-OF-WAY (ROW) LYING BETWEEN LINDELL
BOULEVARD AND AVENUE "K", AS SHOWN ON THE
PLAT OF DEL-RATON PARI<: (PB 14, PG 9), AS MORE
PARTICULARLY DESCRIBED HEREIN.
WHEREAS, the City of Delray Beach, Florida, received an application for
abandonment of Dixie Boulevard Right-of-Way (ROW), lying between Lindell Boulevard and
Avenue "K" (plat Book 14, Page 9), as more particularly described herein; and
WHEREAS, said application for abandonment of a public right-of-way was
processed pursuant to Section 2.4.6(M), "Abandonment of Rights-Of-Way", of the Land
Development Regulations of the City of Delray Beach; and
WHEREAS, pursuant to LDR Section 2.4.6(M)(3)(e), the Planning and Zoning
Board, as Local Planning Agency, formally reviewed the matter at a public hearing on April 19, 2004,
and voted 5-0 to recommend approval of the abandonment, based upon positive findings with
respect to LDR Section 2.4.6(M)(5); and
WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that
its interest in the described property is no longer needed for the public good and deems it to be in
the best interest of the City of Delray Beach to vacate and abandon said right-of-way, based upon
positive findings pursuant to LDR Section 2.4.6(M)(S).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1.
The foregoing recitals are hereby incorporated herein by this
reference.
Section 2. That pursuant to Chapter 177.101(5) and Chapter 166 of the Florida
Statutes, it is hereby determined by the Delray Beach City Commission to vacate and abandon all
right and interest it holds to the following real property for right-of-way purposes only, as more
particularly described as follows:
See Exhibit "A"
A TIEST:
PASSED AND ADOPTED ill regular seSSlOn on this the _ day of
,2006.
MAYOR
City Clerk
2
Resolution No. 84-05
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EXHIBIT "A"
AN 80.00 FOOT RIGHT-OF-WAY AS SHOWN ON THE PLAT OF DEL-RATON PARK ACCORDING TO THE
PLAT THEREOF RECORDED IN PLAT BOOK 14 PAGE 9 OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FlORIDA BE BOUNDED ON THE NORTH BY THE SOUTH LINE OF AVENUE K. BOUNDED ON
THE SOUTH BY THE NORTH LINE OF LINDELL BOULEVARD AS SHOWN ON SAID PLAT OF DEL-RATON
PARK
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Surveymg
THIS IS NOT A SURVEY
Renner, Burgess, 1nc,
1 S.E. 4th Ave., Suite 205
Delray Beach, FL 33483
Phone 561-243-4624
Fax 243-4869
West Palm 735-7639
West Palm Fax 735-7641
Toll Free 1-800-773-5531
Fax Free 1-800-954-4408
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Authorization Number LB6504 surveyor's seal
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1 S.E. 4th Ave., Suite 205
Delray Beach, FL 33483
Phone 561-243-4624
Fax 243-4869
West Palm 735-7639
West Palm Fax 735-7641
Toll Free 1-800-773-5531
Fax Free 1-800-954-4408
Authorization Number LB6504
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MEMORANDUM
TO:
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER~
AGENDA ITEM - REGULAR MEETING FEBRUARY 7.2006
FINAL PLAT APPROVAL/LATITUDE DELRAY
SUBJECT:
DATE:
FEBRUARY 3, 2006
This is before the Commission to approve the final subdivision plat for Latitude Delray, a mixed use
development. The property is located on the northwest comer of Lindell Boulevard and South
Federal Highway.
All technical and staff comments have been addressed and the plat is ready for approval.
Recommend approval of the final subdivision plat for Latitude Delray.
S,\C;ty Cle,k\agenda memoo\FmaJ PIaLLatitudeDelr.oy020706
TO:
THRU:
FROM:
SUBJECT:
DAVID T. ~~~~AGER
PAUL DOR!.: N'tr.DIRl T OF PLANNING AND .zONING
NGUYEN TRAN, SENIOR ANNER 1~~
MEETING OF FEBRUARY 7,2006 IT I . * * * CONSENT AGENDA * * *
APPROVAL OF A FINAL SUBDIVISION PLAT FOR A MIXED USE DEVELOPMENT
KNOWN AS LATITUDE DELRAY (F.K.A. LINDELL SQUARE), LOCATED ON THE
NORTHWEST CORNER OF LINDELL BOULEVARD AND SOUTH FEDERAL
HIGHWAY (US 1).
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The subject property has been aggregated from portions of several subdivisions that include Del-Raton Park, Tropic
Palm, and Tropic Gardens and contains 7.65 acres total. The subject property has an extensive land use history
and the following are the most recent land use actions regarding the subject property. At its meeting of April 19,
2004, the Planning and Zoning Board recommended approval of the abandonment of Avenue "K" and Dixie
Boulevard subject to conditions. On August 3, 2004, the City Commission approved the Conditional Use Request
for Lindell Square that consists of 114 multiple family residential units (30 town homes and 84 condominium units)
and 23,000 square feet of commercial floor area in a two story building. On August 25, 2004, the Site Plan Review
and Appearance Board (SPRAB) approved a Class V Site Plan, Landscape Plan and Architectural Elevations on
the subject property. The project was subsequently sold to Savion Holdings, LLC, which changed the project name
from Lindell Square to Latitude Delray and the proposal, was slightiy redesigned to add 584 square feet of
commercial floor area and the end units of the townhouse buildings were converted from a one car garage to a two
car garage. SPRAB approved a Class III Site Plan Modification on May 25, 2005 and the City Commission
approved the abandonment of Avenue "K" on July 5, 2005. At its meeting of October 17, 2005, the Planning and
Zoning Board approved the preliminary plat and recommended to the City Commission approval of the final plat for
Latitude Delray. The abandonment request for Dixie Boulevard is also being considered in conjunction with this
final plat. Additional background and a complete analysis of the request are found in the attached Planning and
Zoning Board report.
The townhouse units will be developed on newly created Lots 1-30, which range from 24.33' to 35.83' wide by
78.80' to 82.00' deep. The condominiums will be developed on Lots 31-35, which range from 86.92' to 107' wide by
164.00' to 184.50' deep. In association with the condominium tracts, 8 parcels are platted and will contain
designated parking areas for specific units (Lots 32A, 32B, 33A, 33B, 34A, 34B, 35A and 35B). Vehicular access is
provided by a common driveway shared with Sherwood Honda (formerly Avenue "K") along Federal Highway as
well as a driveway along Lindell Boulevard. The driveways connect to a dedicated internal access tract, Tract "A";
and Tract "B" is dedicated for additional right-of-way for Old Dixie Highway. In addition, bus shelter easements are
dedicated along Federal Highway and Lindell Boulevard. Please refer to the attached reduced plat for a detailed
layout.
I
The Planning and Zoning Board considered the proposed plat at their meeting of October 17, 2005. After reviewing
the staff report, the Board voted 6 to 0 (Diane Borchardt absent) to approve the preliminary plat and to recommend
to the City Commission approval of the final plat of Latitude Delray. All technical items have been satisfactorily
addressed.
Move approval of the request for final plat approval for Latitude Delray, by adopting the findings of fact and law
contained in the Planning and Zoning staff report of October 17, 2005, and finding that the request and approval
thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(J) (Major
Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3.1.1 (Required Findings for
Land Use and Land Development Applications) of the Land Development Regulations.
Attachments:
Location Map, Survey, Latitude Delray Plat, Planning and Zoning Board staff report of October 17, 2005
WRAY
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71-
PLANNING AND ZONING BOARD
CITY OF DELRA Y BEACH ---STAFF REPORT ---
October 17, 2005
V.B.
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. (Quasi-Judicial Hearing)
MEETING DATE:
AGENDA ITEM:
ITEM:
GENERAL DATA:
Owner/Applicant.......................... Savion Holdings, LLC
Agenl.......................................... Mayer S. Abbo
Location...................................... Northwest corner of South
Federal Highway and Lindell
Boulevard.
Properly Size.............................. 7.65 Acres
Future Land Use Map............... GC (General Commercial)
Current Zoning............................ PC (Planned Commercial)
Adjacent Zoning................North: AC (Automolive Commercial)
East: PC (Planned Commercial)
South: PC (Planned Commercial)
West: RM (Medium Density
Residential) & CD
(Conservation District)
Existing Land Use...................... Mobile Home Park,
Automotive Repair and
Vacant.
Proposed Land Use.................... Construction of mixed use
development that consists of
114 residential units and
23,584 square feet of
General Commercial floor
area.
Water Service............................. Available via installation of 8"
water mains which will
connect to an existing 12"
water main in Old Dixie
Highway and an existing 8"
water main in Federal
Highway.
Sewer Service............................. Available via installation of 8"
sewer mains within the
internal access tract and a
new Lift Station near the
northeast corner of the site
which will connect to an
existing 8" sewer main in
Lindell Boulevard.
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V.B.
The item before the Board is that of approval of a preliminary plat and certification of a
final plat for a 7.65 acre (333,199 sq. ft.), mixed-use development (30 townhouse units,
84 condominium units and 23,528 square feet of commercial floor area) to be platted as
Latitude Delray (f.k.a. Lindell Square). The subject property is located on northwest
corner of Lindell Boulevard and Federal Highway (US 1).
This plat is being processed pursuant to LDR Section 2.4.5(J), Major Subdivisions.
The subject property has been aggregated from portions of several subdivisions that
include Del-Raton Park, Tropic Palm, and Tropic Gardens. The aggregated properties
contain 7.65 acres. The property previously contained single family residences; a 5,318
square foot auto repair facility (Certified Auto Repair) that was constructed in 1963; and
a mobile home park that was established in 1955 with the construction of a 1,224
square foot office. The site has been cleared and all structures have been demolished.
The property is located within Redevelopment Area No. 6 (Lindell/Federal
Redevelopment Area) and subject to the adopted redevelopment plan for this area. The
Redevelopment Plan, approved by the City Commission on September 19, 2000
(Ordinance No. 22-00), allows a density up to 16 dwelling units per acre subject to a
proposed development's ability to comply with specific criteria and performance
standards of the Land Development Regulations (LDRs). An amendment to the LDRs
allows this increase in the density subject to conditional use approval. The Future Land
Use Map (FLUM) was amended as part of the Comprehensive Plan amendment 2000-2
to change the land use designation of the property from RDA-6 to GC (General
Commercial).
At its meeting of April 19, 2004, the Planning and Zoning Board recommended approval
of the abandonment of Avenue "K" and a portion of Old Dixie Highway subject to
conditions.
At its meeting of August 3, 2004, the City Commission approved a conditional use
request for Lindell Square that consists of 114 multiple family residential units (15.99
dwelling units per acre) and 23,000 square feet of commercial floor area in a two story
building. The residential component of the development consists of 30 townhouse units
and 84 condominium units. The City Commission approved the conditional use subject
to a positive finding with respect to the Performance Standards associated with the
residential portion of the development and consistency with the Lindell/Federal
Redevelopment Plan.
At its meeting of August 25, 2004, the Site Plan Review and Appearance Board
(SPRAB) approved the site plan for 114 multiple family residential units and a 23,000
square foot commercial building, subject conditions. The project was subsequently sold
to Savion Holdings, LLC, which changed the project name from Lindell Square to
Latitude Delray and the proposal was slightly redesigned. As a result of the redesign,
an additional 584 square feet of floor area was added to the commercial building
P&Z Board Staff Report
Meeting of October 17, 2005
Latitude Delray Plat
Page 2
(23,584 sq. ft. total) and the end units of the townhouses were converted from a one car
garage to a two car garage. At its meeting of May 25, 2005, the Site Plan Review and
Appearance Board approved a Class III site plan modification, landscape plan and
architectural elevations associated with Latitude Delray.
At its meeting of July 5, 2005, the City Commission approved the abandonment of
Avenue "K". The abandonment of a portion of Old Dixie Highway will be considered for
approval by the City Commission in conjunction with the final plat.
The plat currently before the Board is required for multi-family/townhouse type
developments.
The development proposal consists of the construction of a total of 114 dwelling units
(32 one, 52 two, and 30 three bedroom units) and 23,584 square feet of commercial.
The residential component consists of 16 two bedroom townhouse units that contain
between 1,720 square feet and 2,519 square feet; 14 three bedroom townhouse units
that contain 2,413 square feet; 32 one bedroom condominium units that contain
between 700 square feet and 1,490 square feet; 44 two bedroom condominium units
that contain between 1,310 square feet and 1,850 square feet; and, 8 three bedroom
condominium units that contain 2,015 square feet.
The townhouse units will be developed on Lots 1-30, which range from 24.33' to 35.83'
wide by 78.80' to 82.00' deep. The condominiums will be developed on Lots 31-35,
which range from 86.92' to 107' wide by 164.00' to 184.50' deep. In association with the
condominium tracts, 8 parcels are platted to designate parking areas (Lots 32A, 32B,
33A, 33B, 34A, 34B, 35A and 35B).
Vehicular access is provided by a common driveway shared with Sherwood Honda
(formerly Avenue "K") along Federal Highway and a driveway along Lindell Boulevard.
The driveways connect to a dedicated internal access tract, Tract "A"; and Tract "B" is
dedicated for additional right-of-way for Old Dixie Highway. In addition, bus shelter
easements are dedicated along Federal Highway and Lindell Boulevard.
Water, Sewer and Drainage lines will be installed within Tract "A" and pedestrian access
is provided throughout the site via a 5 foot concrete sidewalk along the interior street
system that connects all townhouse and condominium units with the tot lot area, pool
and sport court. In addition, a 5' wide concrete sidewalk is shown within Federal
Highway and Lindell Boulevard rights-of-ways.
Pursuant to Section 3.1.1 of the Land Development Regulations, prior to approval
of development applications, certain findings must be made in a form which is
P&Z Board Staff Report
Meeting of October 17, 2005
Latitude Delray Plat
Page 3
part of the official record. This may be achieved through information in the
application, the staff report, or minutes. Findings shall be made by the Board to
approve or deny the development application. These findings relate to Future
land Use Map Consistency, Concurrency and Consistency with the
Comprehensive Plan, and Compliance with the land Development Regulations.
Section 3.1.1 (A) - Future land Use Map: The resulting use of land or structures
must be allowed in the zoning district within which the land is situated and said
zoning must be consistent with the applicable land use designation as shown on
the Future land Use Map.
The subject property has a Future Land Use Map designation of GC (General
Commercial) and a zoning designation of PC (Planned Commercial). The PC zoning
district is consistent with the GC Future Land Use Map designation. Pursuant to LDR
Section 4.4.12(G)(2), within the portion of the Redevelopment Area that is bounded by
Dixie Highway on the west, the C-15 canal on the south, Federal Highway on the east,
and Avenue K (extended) on the north, multiple family residential development, with
densities of up to 16 units per acre (15.99 proposed), is allowed as a conditional use,
subject to the provisions of LDR Section 4.4.6 RM (Medium Density Residential) Zoning
District, subsection (I), Performance Standards, and based upon the development's
conformance with the applicable standards and criteria described within the adopted
Redevelopment Plan. Thus, positive findings can be made with respect to Future Land
Use Map consistency.
Section 3.1.1 (B) - Concurrency: Pursuant to Section 3.1.1(B) Concurrency as
defined pursuant to Objective B-2 of the Future Land Use Element of the
Comprehensive Plan must be met and a determination made that the public
facility needs of the requested land use and/or development application will not
exceed the ability of the City to fund and provide, or to require the provision of,
needed capital improvements for the following areas:
Positive findings of concurrency were made as it relates to water, sewer, streets and
traffic, drainage, parks and recreation, open space, and solid waste with the City
Commission approval of the conditional use on August 3, 2004.
Section 3.1.1 (g - Consistency: Pursuant to Section 3.2.1 (Basis for
Determining Consistency), the performance standards set forth in Section 3.2.3
(Standards for Site Plan and/or Plat Actions) shall be the basis upon which a
finding of overall consistency is to be made.
As described in Appendix "A", a positive finding for consistency can be made as it
relates to Standards for Plat Actions. .
P&Z Board Staff Report
Meeting of October 17, 2005
Latitude Delray Plat
Page 4
Section 3.1.1 (Q) - Compliance with the Land Development Reaulations:
. LOR Section 4.3.3(0)(2) (Plat Reauired):
Each townhouse, or townhouse type, development shall be platted with a minimum
designation of the interior street system as a tract. When the dwelling units are to be
sold, each unit must be shown on the plat. All townhouse units have been shown as
a separate lot and the Condominium! Commercial portions of the development are
shown as a separate tract. An internal access tract has been dedicated as Tract "A"
and Tracts "B" and "C" have been dedicated for recreational purposes. The
submitted plat meets all other requirements.
. LOR Section 6.1.3(B)(2)(Sidewalk Desian Reauirements):
Pursuant to LDR Section 6.1.3(B)(2), 5' wide sidewalks must be constructed within
the street right-of-way (or easement or tract) and must be constructed adjacent to
the right-of-way (easement or tract) line. A 5' wide concrete sidewalk is shown
throughout the development, on both sides of the interior access tract. In addition, a
5' wide concrete sidewalk is shown on the exterior of the development within Federal
Highway and Lindell Boulevard rights-of-ways.
. LOR Section 5.3.1 (Riaht-of-Wav Dedication):
Per LDR Section 5.3.1 (A), streets, public or private, shall be shown on all
subdivision plats as tracts dedicated for such purposes.
Vehicular access will be taken directly from Federal Highway or Lindell Boulevard
via a dedicated access tract, Tract "A". According to table T-1 (Street Network
Classification and Improvements) of the City's Comprehensive Plan, Old Dixie
Highway is classified as a County Collector with an ultimate right-of-way width of 80'.
Currently, 30' exists for this portion of Old Dixie Highway. Tract "D" (50' wide) has
been dedicated as additional right-of-way for Old Dixie Highway on the plat for
Latitude Delray.
Comprehensive Plan Policies:
The City Commission at its meeting of August 3, 2004 made positive findings of
consistency with the adopted Comprehensive Plan with respect to the applicable
objective or policies.
Technical comments from the Planning & Zoning Department and Environmental
Services Department are attached as Appendix "B", and must be addressed prior to
P&Z Board Staff Report
Meeting of October 17, 2005
Latitude Delray Plat
Page 5
scheduling of the plat for City Commission. While there are a considerable number of
comments, they are minor in nature and will not impact the general plat diagram.
This project proposal is not within the geographical area requiring review by the Historic
Preservation Board (HPB), the Community Redevelopment Agency (CRA), or the
Downtown Development Authority (DDA).
Courtesy Notices:
A courtesy notice has been sent to the following neighborhood and civic associations:
o President's Council
o PROD (Progressive Residents of Delray)
o Tropic Bay HOA
o Tropic Harbor COA
o Tropic Isles HOA
o Tropic Palms HOA
o Pelican Harbor HOA
o Pelican Pointe HOA
Letters of objection or support, if any, will be presented at the Planning and Zoning
Board meeting.
The proposal to construct 114 multiple family dwelling units and a 23,584 sq. ft.
commercial development is consistent with the Zoning and Future Land Use Map
designation for the subject property. Positive findings can be made with respect to LOR
Section 3.1.1 (Required Findings for Land Use and Land Development Applications),
Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Goals, Objectives and
Policies of the Comprehensive Plan. The plat and engineering plans will require minor
technical modifications, as listed in "Appendix "B" - Technical Items" section of this
report, before it can advance to the City Commission.
A. Continue with direction.
B. Move a recommendation of approval to the City Commission of the request for a
Final Plat approval for Latitude Delray, by adopting the findings of fact and law
contained in the staff report, and finding that the request and approval thereof is
consistent with the Comprehensive Plan and meets criteria set forth in Section
P&Z Board Staff Report
Meeting of October 17, 2005
Latitude Delray Plat
Page 6
2.4.5(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat
Actions) and Section 3.1.1 (Required Findings for Land Use and Land
Development Applications) of the Land Development Regulations, subject to
conditions.
C. Approve the preliminary plat, and require submittal of a final plat to be processed
separately.
D. Deny the preliminary plat and final plat with basis stated.
Move a recommendation of approval to the City Commission of the request for a Final
Plat approval for Latitude Delray, by adopting the findings of fact and law contained in
the staff report, and finding that the request, and approval thereof, is consistent with the
Comprehensive Plan and meets criteria set forth in Section 2.4.5(J) (Major
Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section
3.1.1 (Required Findings for Land Use and Land Development Applications) of the Land
Development Regulations, subject to the following condition:
1. That all comments under the "Technical Items" section (Appendix "B") of
the report be addressed prior to scheduling the plat for City Commission
action; and,
Attachments:
. Appendix ."..
. Appendix "B"
. Location Map
. Reduced Survey
. Reduced Plat
. Reduced Site Plan
P&Z Board Staff Report
Meeting of October 17, 2005
Latitude Delray Plat
Page 7
A. Building design, landscaping, and lighting (glare) shall be such that they do not
create unwarranted distractions or blockage of visibility as it pertains to traffic
circulation.
Not applicable
Meets intent of standard X
Does not meet intent
B. Separation of different forms of transportation shall be encouraged. This includes
pedestrians, bicyclists, and vehicles in a manner consistent with policies found under
Objectives D-1 and D-2 of the Transportation Element.
Not applicable
Meets intent of standard X
Does not meet intent
C. Open space enhancements as described in Policies found under Objective B-1 of the
Open Space and Recreation Element are appropriately addressed.
Not applicable
Meets intent of standard X
Does not meet intent
D. The City shall evaluate the effect that any street widening or traffic circulation
modification may have upon an existing neighborhood. If it is determined that the
widening or modification will be detrimental and result In a degradation of the
neighborhood, the project shall not be permitted.
Not applicable
Meets intent of standard X
Does not meet intent
E. Development of vacant land which is zoned for residential purposes shall be planned
in a manner which is consistent with adjacent development regardless of zoning
designations.
Not applicable
Meets intent of standard X
Does not meet intent
F. Vacant property shall be developed In a manner so that the future use and intensity
are appropriate in terms of soil, topographic, and other applicable physical
considerations; complementary to adjacent land uses; and fulfills remaining land use
needs.
P&Z Board Staff Report
Meeting of October 17, 2005
Latitude Delray Plat
Page 8
Not applicable
Meets intent of standard X
Does not meet intent
G. Redevelopment and the development of new land shall result in the provision of a
variety of housing types which shall continue to accommodate the diverse makeup of
the City's demographic profile, and meet the housing needs identified in the Housing
Element. This shall be accomplished through the implementation of policies under
Objective B-2 ofthe Housing Element.
Not applicable
Meets intent of standard X
Does nol meet intent
H. The City shall consider the effect that the proposal will have on the stability of nearby
neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation
patterns shall be reviewed in terms of their potential to negatively impact the safety,
habitability and stability of residential areas. If it is determined that a proposed
development will result in a degradation of any neighborhood, the project shall be
modified accordingly or denied.
Not applicable
Meets intent of standard X
Does not meet intent
I. Development shall not be approved If traffic associated with such development would
create a new high accident location, or exacerbate an existing situation causing it to
become a high accident location, without such development taking actions to remedy
the accident situation.
Not applicable
Meets intent of standard X
Does not meet intent
J. Tot lots and recreational areas, serving children from toddler to teens, shall be a
feature of all new housing developments as part of the design to accommodate
households having a range of ages. This requirement may be waived or modified for
residential developments located in the downtown area, and for infill projects having
fewer than 25 units.
Not applicable
Meets intent of standard X
Does not meet intent
P&Z Board Staff Report
Meeting of October 17, 2005
Latitude Delray Plat
Page 9
The following comments must be addressed prior to scheduling the plat for City Commission:
Planninq & Zoninq Department Comments:
Technical Comments:
1. Provide a copy of the Declaration of Covenants, Conditions and Restrictions
(Homeowners Documentation) for Latitude Delray Master Association, Inc.
2. Provide a copy of the Articles of Incorporation (Registered name with the State) for
Latitude Delray Master Association, Inc.
3. The City has not received responses from BellSouth and Adelphia Cable concerning any
necessary easements. FP&L responded and said easements will be required but they
cannot determine locations until a design layout is completed. Florida Public Ulilities
responded by stating that easements will be negotiated with the customer. The Final Plat
cannot proceed to City Commission until all responses have been received and
easements shown on the plat for these utility providers.
Plat Comments:
1. Correct the spelling of "OF THE ABANDONED" located on the 2nd line under the Plat Title.
2. Correct the spelling of "The" located on the 5th line of the 1 sl paragraph under the dedication
section.
3. Correct the spelling of "Being" located on the 9th line of the 1st paragraph under the
dedication section.
4. Correct the spelling of "Through" located on the 1st line of 2nd paragraph under the
dedication section.
5. Correct the spelling of "Or located on the 4th line of the 3rd paragraph under the dedication
section.
6. Correct the spelling of "Easterly" located on the 8th line of the 7th paragraph under the
dedication section.
7. Add language to allow "Drainage and Parking Purposes" to Tract "A" Dedication.
8. General Utility Easements are not shown on the plat. Please show them on the plat.
9. Correct the spelling of "Delray" located on the 2nd line of the Water and Sewer dedication
paragraph.
10. Show Sewer Easements on the plat.
P&Z Board Staff Report
Meeting of October 17, 2005
Latitude Delray Plat
Page 10
11. Show Drainage Easements on the plat.
12. Provide dedication language for Drainage Easements on the plat.
13. Please modify the Mass Transit Easement to say:
"The mass transit easement, as shown hereon is hereby dedicated in perpetuity to the City
of Delray Beach, for the purpose of installation, maintenance and use of the publiC transit
bus shelter, boarding and alighting area, and any other purposes not inconsistent with this
dedication. The maintenance obligation for the easement area shall be with the Latitude
Delray Master Association, Inc., Its successors, and or assigns, unlil such time the City, its
successors and or assigns commences construction or installation of facilities associated
with the utilization of the easement for its intended purpose, at which time maintenance of
the easement area shall become the obligalion of the City of Delray Beach, its successors
and or assigns. The easement granted hereunder shall be non-exclusive and subordinated
to any public utility easement dedicated to the public."
14. Add a signature area for the Director of Environmental Services within the City Approval
Block section.
15. Amend the Seal Circle for United Bank to say Bank United.
16. Tie Plat to a section corner.
17. Show North Half of the abandoned Avenue "K" and label accordingly. A portion of this area
was retained as a utility easement (a 10' x 743' portion). Avenue K was abandoned by
Resolution 45-05 and recorded in ORB 18915, PG 1835.
18. Amend Tract D to exclude the portion of Avenue "K" that was not abandoned (the west 50')
and label this portion as Avenue "K" right-of-way.
19. Show area subject to the Cross Access Easement. This document needs to be recorded
and the ORB and Page reflected on the plat.
20. A Lift Station Easement needs to be shown on the plat (near northeast corner of the site)
and dedication language provided under the dedication section.
21. A 20' Landscape Buffer Easement needs to be shown along Federal Highway as shown on
the Composite Utility Plan.
22. A 10' Landscape Buffer Easement needs to be shown along Lindell Boulevard as shown on
the Composite Utility Plan.
23. Provide area calculations for all Lots and Tracts being created in Square Feet.
24. Please provide distances, together with either angles, bearings, or azimuths for the
centerline of Federal Highway per F.S. 177.901 (22).
25. Please provide distances, together with either angles, bearings, or azimuths for the
centerline of Lindell Boulevard per F.S. 177.901(22).
P&Z Board Staff Report
Meeting of October 17, 2005
Latitude Delray Plat
Page 11
Comments from Scott Aronson. Parkina Manaaement Specialist
Any questions concerning the following comments, please direct them to Mr. Aronson at (561)
243-7286.
1. The plat and paving and drainage plans show the bus shelter easement on Federal Highway
in the wrong location (should be further north). The location shown on the composite utility
plan is correct.
2. Likewise for the bus shelter easement on Lindell Blvd. (plat and drainage plans inconsistent
with the composite utility plan). Although the bus shelter is being relocated to the west side
of the drive aisle, in the public right-of-way, please retain the easement as shown on the
composite utility plan to the east of the driveway. In the future, if the turn lane is deemed to
nol be needed, the City would like the option to relocate the bus shelter closer to the
commercial use on the property.
3. Palm Tran design standards do not allow the incorporation of the bus stop in the turning
lane. The length of the turn lane seems excessive. Please check with FDOT for the
minimum length of the turn lane and provide the easement at the north side of the turn lane
taper (the bus will stop in the travel lane ).
Environmental Services Department's Comments:
Plat Comments:
1. Provide digital copy of approved plat in format per City of Delray Beach Engineering.
2. Provide easements for lots which lie within Tract "A".
3. Please remove the Fire Marshal from the City Approval Block.
4. Please add the Director of Environmental Services to the City Approval Block.
5. Tie Plat to a section corner.
6. Show vehicle access limits on Lindell and US1.
7. Revise language in Tract "A" to include parking and drainage.
8. Revise language in Tracts "B" and "C" to exclude water and sewer mains within tracts.
9. Provide a detailed description of how each of these comments has been addressed with
next submittal.
Technical Comments:
1. FDOT permits are required for this project. Provide copies of FDOT permits for driveway
connections, drainage, and utility improvements. Provide the following information so that a
hold harmless agreement can be executed prior to the City signing FDOT utility permit
application(s):
P&Z Board Staff Report
Meeting of October 17, 2005
latitude Delray Plat
Page 12
a. Developer's Name
b. Developer's Company Name
c. Development Name
2. Palm Beach County permits are required for this project. Provide copies of the County
Right-of-way permit, drainage permit and utility permit.
3. Health Department permits are required for this project. Provide copies of the water permit
and sewer permit.
4. A SFWMD permit is required for this project. Provide copies of permit or a letter of
exception.
5. Indicale proposed site grades.
6. Identify structure along perimeter of north, west and south property lines as indicated on
plans. Show in Sections A/1/3, B/1/3, E/1/3, etc.
7. Show utility easement on cross sections. Verity with utility companies that the fence down
the centerline of the 10' easement along the north property line is acceptable.
8. Site is required 10 retain 5 year 1 hour storm (3.2") in addition to meeting water quality
criteria (1"). Provide signed and sealed drainage calculations and indicate how storm water
will be retained on site. No overflow offsite will be permitted.
9. Provide certified exfillration trench test results.
10. Provide 6 inch deep sodded swale adjacent to all roadway pavement within the public rights-
of-way. Obtain approval from Palm Beach County for swale along Dixie Highway. lndicale
swale on engineering plans.
11. Revise paving cross sections within the right-of-way to reflect 8" limerock base. No shell
rock is permitted within the right-ot-way.
12. Clearly dimension driveway width. Maximum width of driveway is 24 feet.
13. Clearly indicate on plans the limils and types of all curbing.
14. Indicate slop bars and signs at egress drives as well as providing interior traffic control
markings and signage. Clearly indicate onsite traffic control.
15. Clearly label sidewalk adjacent to property line as new construction. All sidewalks shall be a
minimum of 5' wide.
16. Provide copy of cross access agreement at NE property corner.
17. Provide cross walk striping and FOOT ramps at entrances to development.
18. Indicate sight distances at all ingress/egress points and all intersections. Sight triangles
should be indicated on landscape plans. Provide copy of the approved landscape plans.
P&Z Board Staff Report
Meeting of October 17, 2005
Latitude Delray Plat
Page 13
Per section 4.6.14 of LOR's, any landscaping in the site triangle 'shall provide unobstructed
cross-visibility at a level between 3' and 6'" this includes tree trunks.
19. Provide signed and sealed calculations indicating that existing private lift stalion and force
main which collects waste from proposed site has sufficient volumetric and pumping
capacity. Also, confirm that downstream gravity sewer mains have sufficient capacity.
20. Engineer is to field verify location, size and depth of existing City of Delray Beach utilities
prior to submitting Final Engineering Plans.
21. Provide on the plans current City of Delray Beach standard construction details as
applicable.
22. Show details of water laterals crossing sewer main and drainage easements.
23. Add valves at the south leg of the 10" x 10" tee and the east leg of the 8" x 10" tee.
24. Consider redesign of site grades for better utilization of existing site grades and sanitary
slope. If lift station will be used, it is required to meet City standards.
25. Provide all inverts and rim elevations of proposed sewer manholes.
26. Cleanouts will be required at the easement lines for the lots within Tract "A".
27. Provide 12 foot water and sewer easement over water and sewer mains.
28. Provide note on both the Engineering Plans and the Landscape plans that there shall be no
trees or shrubs placed within water, sewer or drainage easements.
29. Provide copy of approved Landscape plan.
30. Provide per LOR Section 2.4.3 (F) (4), a composite utility plan that show the location of all
existing and proposed utilities (water, sewer, power, telephone, gas, cable, and drainage).
The composite plan shall be signed by a representative of each utility provider attesting to
the fact that services can be accommodated as shown on the composite utility plan. The
composite plan shall address the responsibility for relocation of existing services and
installation of new services.
31. A plat will be required. No building permit will be issued until the plat is recorded. Submit
recorded plat.
32. A certified engineer's estimate will be required for water and sewer improvements. A 110%
surety and 2% engineering inspection fees will be required. A Financial Guarantee and
Agreement for Completion of Required Improvements is required. This agreement can be
obtained at www.mydelraybeach.com. For additional information see Section II of the City
of Delray Beach Minimum Construction Standards. Prior to Certificate of Occupancy and
the return of the 110% surety a 10% warranty surety will be required.
33. Provide a detailed description of how each of these comments has been addressed with
next submittal.
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PAVING Ie DRAINAGE PLAN FOR:
LATITUDE
UNDELL BOULEVARD &. us 1
-:~:=''''''-'~r;.;):;:-r.sa DELRAY BEACH, FLORIDA
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[ITY DF DElRAY BEA[H
CITY ATTORNEY'S OFFICE
.'()(I NW hi WI.NlIL' DFIRAY BEACH. FLORIDA 33444
lJ':I.I'}'II()\;[-:: )(1 I n-l-J-7()()() . FACSI\1iLE: 5()1/::!7H~4755
DELRAY BEACH
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Ail-America City
" II J! DATE:
Writer's Direct Line: 561/243-7091
MEMORANDUM
February 1, 2006
1993
2001
FROM:
City Commission
David Harden, City Manager
Q...~
Brian Shutt, Assistant City Attorney
TO:
SUBJECT: Limited Access Easement Aoreement with Bruce and Emilv Robson
The attached Limited Access Easement Agreement provides that a limited access
easement shall be placed over the property line adjacent to Tamarind Road. As
the property frontage adjacent to Tamarind Road is less than the frontage on other
streets, the frontage of the property would normally be considered to be adjacent
to Tamarind Road, however, pursuant to LDR Section 6.1.2(B)(7), when a limited
access easement is placed over a property line then vehicular access is not
allowed and frontage will be deemed to be on another side (as long as it is
adjacent to a street) of the property. The property owner is making this request as
it would require anyone entering the property from Tamarind Road to drive the
length of the block and turn around before being able to enter the property.
This request has been reviewed by Planning and Zoning staff and the City
Engineer.
Our office requests that this item be placed on the February 7, 2006 City
Commission agenda.
Please call if you have any questions.
Attachment
cc: Chevelle Nubin, City Clerk
Randal Krejcarek, City Engineer
<2,~
~
~Prepared by:
Pami Maugham, Esq.
Weiner & Aronson, P.A.
102 N. Swinton Avenue
Delray Beach, FL 33444
561.265.2666 x 308
561.272.6831 (fax)
pmaugham@zonelaw.com
LIMITED ACCESS EASEMENT AGREEMENT
This Limited Access Easement Agreement, made this _ day of October, 2005, by and
between \?~\lcL." ~....'\ \y ~OI:oWl..... (hereinafter "Property Owner") with a mailing
address of 2021 South Lewis Avenue, Suite 740, Tulsa, Oklahoma 74104 and the CITY OF
DELRAY BEACH, with a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida
33444, a municipal corporation in Palm Beach County, State of Florida:
WHEREAS, Section 6.1.2(B)(7) of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach provides that reserve strips controlling access to streets
shall be prohibited except where their control is definitely placed in the City under approved
conditions. Such reserve strips shall be required, as limited access easements, along all arterial
and collector streets except for approved points of ingress and egress; and
WHEREAS, vehicular access onto Tamarind Road from the property described in Exhibit
"B" is impracticable in this case because it would require vehicles to completely circle the
property before entering the property; and
WHEREAS, the property owner wishes to have a limited access easement agreement over
the side of the lot adjacent to Tamarind Road; and
NOW, THEREFORE, in consideration of $10.00 and other valuable consideration,
receipt and adequacy and sufficiency of which is hereby acknowledged, the parties intending to
be legally bound, do hereby agree as follows:
I. That the recitals heretofore set forth are true and accurate and incorporated herein by
reference.
2. That the Limited Access Easement is needed so that vehicle access to the property
described in Exhibit "B" shall be denied as to Tamarind Road.
3. The Limited Access Easement covers the area described in Exhibit "A".
4. Property Owner and City agree that this Limited Access Easement Agreement shall
be recorded in the Public Records of Palm Beach County, Florida and shall run with the land.
The Limited Access Easement granted herein shall not be transferred, assigned, sold or otherwise
conveyed except in conjunction with the transfer or sale of the subject property.
'. .
5. This agreement shall be construed and governed in accordance with the laws of the
State of Florida and in the event of any litigation hereunder, the venue for any such litigation,
shall be in Palm Beach County, Florida. All of the parties to this agreement have participated
fully in the negotiation and preparation hereof and, accordingly, this agreement shall not be more
strictly construed against anyone of the parties hereto.
6. This agreement may not be changed, altered or modified except in writing signed by
both parties. This agreement shall be binding upon the parties hereto and their respective
successors and assigns.
IN WITNESS WHEREOF, the parties to this Limited Access Easement Deed set their
hands and seals the day and year first above written.
ATTEST:
CITY OF DELRA Y BEACH, FLORIDA
By:
By:
City Clerk
Jeff Perlman, Mayor
Approved as to Form:
By:
City Attorney
WJNE~'
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(n printed or typed)
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By:4l~
STATE OF ~I ........6_
COUNTY OF --;;...., _ ~t'~~
The foregoing instrument was acknowledged before me this S- day of
~c. , 200~ by I!."....,~ \. ~...I'f ll..hso,", . as '
(name of officer or agent, title of officer or agent), of
(name of corporation acknowledging), a _ (state or place of incorporation)
corporation, on behalf of the corporation. ~l:personally known to me or has produced
..:p-- 'I)'i1jt.., l,'cP"se.. (type ofidentificatio as identification.
~ D~ ~hH"\....l".4""S."'"
.... ~ Vanessa E Foutz
!"j . My commIsSion 00150009
...~ j Exp;,es ()ctObe< '4. 2006
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Signature of Person Taking A5'knowled
\ I A-r1~ sSe<. €> . h.......+t..
Name Typed, Printed or Stamped
ent
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SKETCH OF DESCRIPTION
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SCALE: 1" = 20'
NOTES:
37.5' f. = CENTERLINE
THIS IS NOT A SUt?VEY
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0 'CO oS BLOCK 10. SEAGA TE SECTION ':4 ~
;:g ~ ACCORDING TO THE PLA T THEREOF,
~ c: ~~ ~"i AS RECORDED IN PLA T BOOK 20,
~ PAGE 48. PUBLIC RECORDS OF PALM
::& 0 rii .{:.. BEACH COUNTY, FLORIDA.
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PAUL D. ENGL
~ SURVEYOR & MAPPER #5708
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~"i VA TE: OCTOBER /4, 2005
37.5' ",-"v, O'BRIEN, SUITER &: O'BRIEN, INC
CERTIFlCA TE OF AUTHORIZA TlON tLB353
CJ SURVEYOR AND MAPPER IN RESP NSIBLE
CHARGE: PAUL D. ENGLE
260/ NORTH FEDERAL HIGHWA Y
DELRA Y BEA CH FLORIDA 33483
ORDER NO. 05- TOEA (561) 276-450/ (56/) 732-3279
EXHIBIT "B"
Lots 3 and Lot 4, Block 10 of SEAGATE SECTION A, according to the Plat thereof,
recorded in Plat Book 20, Page 48, of the Public Records of Palm Beach County, Florida.
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EASEMENT FOR TAMARIND ROAD AND SEASAGE DRIVE AREA
MAP REF: lM914
MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER'O?1
AGENDA ITEM # <6D - REGULAR MEETING OF FEBRUARY 7. 2006
SPECIAL EVENT REOUEST /EAST END VOLLEYBALL
TOURNAMENT
TO:
SUBJECT:
DATE:
FEBRUARY 3, 2006
This is before the Commission to approve a request from East End Volleyball for special event
approval to allow the East End Volleyball Tournament to be held at the municipal beach on March 25
and 26, 2006. Details are oudioed in the attached memorandum from Mr. Weldon. We have hosted
previous volleyball tournaments on our municipal beach sponsored by this organization, and the
events have been successful.
Recommend approval of the special event request for the East End Volleyball Tournament.
S,\C;ty Cle<k\agenda m<m<>o\Ea.t End Volleyball 020706
[IT' DF DElRA' BEA[H
DELRAY BEACH
~
1iir
100 N.W. 1st AVENUE. DELRAY BEACH. FLORIDA 33444 5611243-7000
1993
2001
MEMORANDUM
TO:
David Harden
City Manager
FROM:
Joe Weldon
Director of Parks and Recreation
SUBJECT: East End Volleyball Tournament - March 25 and 26, 2006
DATE:
December 27, 2005
Attached please find a request from Richard Heiles of East End volleyball
to hold a volleyball tournament on our beach on March 25 and 26, 2006.
East End Volleyball is requesting the following:
1.) Set up of 25 courts and six 10' X 10' canopies on Friday, March 24th
and broken down on Sunday, March 26th on the beach adj acent to Sandoway
Park.
2. ) One metered parking space for equipment van on AlA across from
Sandoway Park.
3.) A $5.00 parking fee per car per day with restricted parking at
Sandoway Park for players. Our Ocean Rescue staff collects this money
and deposits it in their competition fund.
4.) Announce event from a PA in the canopied registration area.
@ P,intfKi on Racycled PiJP&1
THE EFFORT ALWAYS MATTERS
2
5.) All cleanup during and after the event will be provided by their
staff.
6.) They have provided us with a certificate of insurance, naming the
City of Delray Beach as additional insured with a minimum of $1,000,000
liability.
7.) They will donate $1,000 to the Ocean Lifeguard competition fund.
We have had successful volleyball tournaments on
last two years. I recommend approval for this
place it on the January 17, 2006 agenda
consideration.
our beach with them the
event, and request you
for City Commission
OJ2iLJ
Parks and Recreation
Attachment
cc: Bob Taylor
Ocean Rescue Superintendent
Carolanne Kucmerowski
Agenda Coordinator
JW:cp
Ref:eastendvb
I_East End-
631-728-6397
Fax: 631-728-6978
Volleyball \
eevb@I-2000.c:om
www.eevb.net
November 21, 2005
Joe Weldon
Bob Taylor
City of Delray Beach
340 South Ocean Boulevard
Delray Beach, FL 33483
Gentlemen:
East End Volleyball requests pennission to use Delray Beach for a beaCh voIleybaU toumament March 25-
26, 2006 on the beach site at south of Atlantic Avenue approximately 1/2 mile, adjacent to Sandoway Pall\.
SPECIAL EVENT TYPE
Beach voneybaU Series Event
. 2005 markS EEVB's 29th season running beach volleybaU toumaments
. 4th stop of the 13 event 2006 Series Schedule
. 100 teams participated in the 2004 event.
PRODUCER
East End Volleyball
. 29 year history running beach volleyball events
. 500+ toumaments produced in FL, GA, SC, RI, CT, NY, NJ, VA, & Bahamas since 1977
TARGET DATE .
Saturday & Sunday, March 25-26,2006
. EEVB set-uplbreakdown dates
Friday, March 24
. EEVB staff arrives at beach at 9:00 am
. set up 25 courts, 6 10 x 1 () canopies
. Secure site for the night
Saturday, March 25
. EEVB staff arrives at beach at 6:00am to finish hanging sponsor signs
. Teams check-in, 8:00 am - 8:30 am
. Play begins 9:00am
. Play ends betWeef1 6:00pm and 7:00pm
. ESM staff secures site, assigns security personnel for the night
. Player's Party (at Boston's in 2004), approximately 8:00pm
Sunday, March 26
. EEVB staff arrives at beach at 8:00am
. Teams sign-in, 9 am - 9:30 am
. Play begins 9:30am .
. Play ends bel\.i1len 5:00pm and 6:00pm
. EEVB staff win be breaking down the site (unused courts) throughout the day
RECEiVED DEe 0 9 2UUS
.
All courts, tents, staging brOken down by 7:00pm
Gear pack.ed in truck. by 9:00pm
Beach cleaned throughout tournament. Fjnal check after all equipment is off beach
.
.
LOCATION
Delray Beach Public Beach
. Center Court Arena
. Set-up on the beach just South of Lifeguard Tower S3
. WaS. side of beach to eliminate interference with lifeguard's and chair concessionaire.
. Ancillary Courts
. 24 courts South of tower S3.
. 10' x10' "POp-Up" Tents
. Are included in center court arena to house Vendor Display & Player "Aid" stations,
water, officials, and other event related personneVmaterials
. Will not block the lifeguards view of the water in any manner
. Tents will be secured by sturdy metal stakes
. Event stereolPA system
. EEVB will play do event allnouncing/PA from the canopied registration area
. Volume levels will be controlled; EEVB would appreciate CIty/Beach official input with
respect to this aspect of the program
EEVB EUlPMENT VAN PARKING
. Request 1 metered paOOng space dosed blr City Paoong for equipment van on A 1A across from
Sandoway Part<
ATHLETE PARKING
. Ocean Rescue wlll oversee
. Sandoway Part< across the street from the event
. RequaS. $5 special fee as was done in past
EVENT GARBAGE & TRASH MANAGEMENT
. Event does not generate much garbage
. EEVB staff wlD place any garbage in receptacles on beach or along street side parking area.
. EEVB win conduct a complete beach walk-throUgh & final clean up sunday evening.
. EEVB respects the beaches we visit and will do aD we can to help keep them dean.
fg
. EEVB wlll contribute $1,000 to the lifeguard tournament fund in exchange for using the beach
EEVB looks forward to seeing again' and speaking with you regarding these components of the upcoming
event. Please do not hesitate to call me with any quaS.ionsl
Sincerely,
i& \j~J__
Rich Heiles
ACORQ. CERTIFICATE OF LIABILITY INSURANCE I DATE (MMlDONYVY)
12/08/2005
PRODUCER (386)672-4260 FAX (386)672-4630 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Rand Sports & Entertainment Insurance, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
400 South Atlantic Avenue ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Suite 101
Ormond Beach, FL 32176-7142 INSURERS AFFORDING COVERAGE NAIC#
INSURED Association of Volleyball Professional s INSURER A Clarendon National Insurance
DBA: AVP Next INSURER B AIG Life Ins Co
Suite 900 INSURER C
6100 Center Drive INSURER 0
Los Angeles, CA 90045 INSURER E
COVERAGE"
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT \^JITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHO\NN MAY HAVE BEEN REDUCED BY PAID ClAIMS.
I~~: f.P,8;1 TYPE OF INSURANCE POLlCY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
GENERAL I..lABII..lTY ECP002382-00 06/06/2005 06/06/2006 EACH OCCURRENCE , 1,000,000
rx COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED , 100,000
I CLAIMS MADE [!] OCCUR MED EXP (Anyone person) , Excluded
A ~ Participant Liab. PERSONAL & ADV INJURY , I,OOO,OO~
GENERAL AGGREGATE , 2,000,00~
f- PRODUCTS. COMPIOP AGG , 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER.
m. POLICY -n- j~8T n- LOC
~TOMOBILE LIABII..lTY ECAOO0456-01 06/06/2005 06/06/2006 COMBINED SINGLE LIMIT
(Eaacddenl) , 1,000,000
ANY AUTO
f-
ALL OV'v'NED AUTOS BODILY INJURY
'x ,
SCHEDULED AUTOS {Per person)
A 'x
HIRED AUTOS BODILY INJURY
'x ,
NON-QV'v'NED AUTOS (Peraccldenl)
'x PO Deductible: PROPERTY DAMAGE
f- $I, 000 {Per accident) ,
GARAGE I..lABII..lTY AUTO ONLY - EA ACCIDENT ,
R ANY AUTO OTHER THAN EA ACC ,
AUTO ONI.. Y AGG ,
~ESSJUMBRELLA L.IABIL.ITY EUMOO041O-01 06/06/2005 06/06/2006 EACH OCCURRENCE , 4,000,000
X OCCUR D CLAIMS MADE AGGREGATE , 4,000,000
A ,
~ DEDUCTIBLE ,
X RETENTION , 10,00C ,
WORKERS COMPENSATION AND N0030000160-01 10/25/2005 10/25/2006 I VIC STATU-~ I IO,J~-
EMPLOYERS' UABII..lTY E.L. EACH ACCIDENT , 1,000,000
A ANY PROPRIETOR/PARTNERfEXECUTIVE
OFFICER/MEMBER EXCL.UDED? E.L. DISEASE - EA EMPLOYEE $ 1,000,000
~~Etl~S~R~V:~~NS below E.L. DISEASE - POLICY LIMIT , 1 000 000
OTHER. . 'd SRGOO09102263 06/01/2005 06/01/2006 $25,000 Excess Med/$10,000AD&D
B Part1c1pant ACC1 ent EPFOO0700-00 06/06/2005 06/06/2006 Equipment- $700,000 limit
Personal Prop Floater
$1,000 deductible
DESCRIPT,ON OF OPERATIONS I L.OCA TION' ,Ve.yICLES IIiXCL.USIONS ADQED ~Y E~QORSEM~ J SPECIAL PROVISIONS
or al event dates at a ocat10ns and 1nc u 1ng a AVPNext event promoters.
he certificate holder & promoter are included as additional insureds.
dditional Insured: East End Volleyball.
vent: Corona Light Big Shot Volleyball Tournament: March 25-26, 2006
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POI..lCIES BE CANCEllED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER Will ENDEAVOR TO MAil
City of Delray Beach ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOL.DER NAMED TO THE LEn
Parks and Recrecation Department BUT FAIL.URE TO MAIL. SUCH NOTICE SHAL.L.IMPOSE NO OBLIGATION OR L.IABIUTY
50 NW 1ST Ave. OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES.
Delray Beach, FL 33444 AUTHORIZED REPRESENTATIVE -;;2- ~
John Rand/LYNN
ACORD 25 (2001/08) FAX: (651)243-7268
@ACORDCORPORATION 1988
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED. the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy. certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer. and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001/08)
])ate: Dec. 27, 2005
AGENDA ITEM NUMBER: ~
AGENI>A REQUEST
Request to be placed on:
_Consent Agenda LRegular Agenda _Workshop Agenda _Special Agenda
When: January 17, 2006
])escription of Agenda Item (who, what, where, how much): Request approval
to host East End Volleypall Tournament March 25 and 26, 2006 on our municipal
beach using 25 courts on the beach near Sandoway Park. They will donate $1,OOQ
to our Lifeguard Competition Fund and the $5 parking fee per car per day will
also be deposited in this fund.
City Attorney Re
w
])epartment Head
Signature:
!Recommendation (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: @ No Initials: z:11
Hold Until:
Agenda Coordinator Review:
Received:
MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER rr;J\,
AGENDA ITEM # ~f!:. - REGULAR MEETING OF FEBRUARY 7. 2006
APPROVAL OF AMENITIES FOR UPGRADING PARKS
TO:
SUBJECT:
DATE:
FEBRUARY 3, 2006
This item is before the Commission for approval of the amenities to upgrade existing parks and the
beachfront area as presented at the January 10, 2006 Workshop Meeting and to authorize staff to
proceed with purchases and installation.
Recommend approval of the amenities to upgrade existing parks and the beachfront area; and
authorize staff to proceed with purchases and installation.
S,\City CIerk\agenda memoo\Parl<s Amenities 020706
. .
<l-!7 ~9-?---
City of Delray Beach
Memo
To: City Commission
From: City Manager w1
00:
Date: January 5, 2006
Reo Amentties Proposed for Upgrading Parks
The Parks and Recreation Bond Issue included funds for additional amenities to upgrade
existing parks and the beachfront area. The attached memo includes a list of amenities to be
added to 19 different sttes in our park system. Please review this list and be prepared to
suggest any changes you might believe would be appropriate. Joe Weldon will be present to
answer any questions you might have.
Once there is general agreement on the list we will place it on a regular meeting agenda for
formal approval and proceed with the purchases and installation.
1
'\NS~
DELRA Y BEACH
~
Ail-America City
, 'II'!
[ITY DF DELRAY BERI:H
100 N.W. 1st AVENUE . DELRAY BEACH, FLORIDA 33444 561/243.7000
1993
2001
tmemft.
MEMORANDUM DEe 1 2 2005
(;ITY MANAGe.J\
TO:
David Harden, City Manager
FROM:
Joe Weldon, Director of Parks and Recreation
SUBJECT: Upgrading Beach Front Parks and Existing Parks
DATE:
September 7, 2005
As you are aware, $200,000 and $75,000 were approved in the Park Bond
Issue to upgrade existing parks and beach front parks, respectively, with
amenities such as picnic tables, benches, barbeque grills, bicycle racks,
playground equipment, bleachers, etc.
Attached are recommendations of staff for equipment and prices for
individual parks. The prices do not include shipping.
I am waiting for the new AlA plan to determine the number of benches to
be purchased along the beach.
Please review and advise of any comments. or suggestions.
~LJ~
Jo eldon
Director of Parks and Recreation
Attachments
Ref:upgrades
* Printed on Recycled Paper
THE EFFORT ALWAYS MATTERS
PER ITEM
TOTAL
BEACH
50 trash receptacles
$62
$3,100
BEACHSIDE (AlA)
35 decorative trash receptacles
8 bike racks
$285
$243
$9,975
$1,944
Total
$11,919
SANDOWAY PARK
1 bike rack $243 $243
2 picnic tables $506 $1,012
4 decorative trash receptacles $285 $1,140
Total $2,395
SARAH GLEASON PARK
1 bike rack $243 $243
4 decorative trash receptacles $285 $1,140
Total $1,383
ATLANTIC DUNES PARK
1 bike rack $243 $243
2 picnic tables $506 $1,012
6 decorative trash receptacles $285 $1,710
Total $2,965
INGRAHAM PARK
2 decorative trash receptacles $285 $570
ANCHOR PARK
2 picnic tables
2 barbeque grills
1 bicycle rack
6 decorative trash receptacles
playground equipment
$506
$126
$243
$285
$35,000
$1,012
$252
$243
$1,710
$35,000
Total
$38,217
Grand Total
$60,549
Ref:bchenhance
OAKMONT PARK
1 bike rack
2 picnic tables
2 barbeque grills
2 trash receptacles
VETERANS PARK
1 bike rack
5 barbeque grills
6 picnic tables
10 trash receptacles
CURRIE COMMONS
2 - 5 row 15' enclosed bleachers
1 bike rack
3 trash receptacles
playground equipment
MERRITT PARK
4 - 3 row 15' bleachers
4 trash receptacles
MILLER PARK
8 - 5 row 15' enclosed bleachers
2 - 10 row 21' enclosed bleachers
installation for 21' bleachers
2 - 10 row 27' enclosed bleachers
installation for 27' bleachers
12 trash receptacles
Grand Total
Ref:pkenhance
PER ITEM
$243
$506
$126
$62
Total
$243
$126
$506
$62
Total
$2,102
$243
$62
$35,000
Total
$766
$62
Total
$2,102
$8,950
$4,340
$11,225
$5,580
$62
Total
. $177,870
TOTAL
$243
$1,012
$252
$124
$1,631
$243
$630
$3,036
$620
$4,529
$4,204
$243
$186
$35,000
$39,633
$3,064
$248
$3,312
$16,816
$17,900
$4,340
$22,450
$5,580
$744
$67,830
MEMORANDUM
TO:
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGERziM
AGENDA ITEM # <i<:~ - REGULAR MEETING OF FEBRUARY 7. 2006
CORRECTION /SERVICE AUTHORIZATION NO. 7/MATHEWS
CONSULTING. INC.
SUBJECT:
DATE:
FEBRUARY 3, 2006
This is before the Commission to approve a correction to Service Authorization No. 7 to Mathews
Consulting, Inc. for the Temple Park Project which was incorrecdy listed (typo) on the December 13,
2005 Commission Agenda as $41,171.00 instead of the correct amount of $47,171.00.
Recommend approval of a correction to Service Authorization No.7 to Mathews Consulting, Inc. for
the Temple Park Project to the amount of $47,171.00.
S:\City Cletk\agenda memos\CM SA 7 Mathews Temple Park Adj 020706
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~ITY MANAGER
SUBJECT: AGENDA ITEM # ~ \-\ - REGULAR MEETING OF DECEMBER 13, 2005
SERVICE AUTHORIZATION NO.7 /MATHEWS CONSULTING. INC.
DATE:
DECEMBER 9, 2005
This is before the Commission to approve Service Authorization No. 7 to Mathews Consulting, Inc.
in the amount 0[$41,171.00 for consulting services required for the development of the Temple Park
Site as a neighborhood park.
The scope of the service authorization includes formalization of the proposed park site plan,
consistent with the program in the Parks & Recreation Bond, to include passive playfields and open
space, picnic pavilion, decorative fountain, playground equipment, benches, and site landscaping
improvements and associated irrigation.
Funding is available from 380-4150-572-63.23 (2004 G.O. Bond/Neighborhood Parks).
Recommend approval of Service Authorization No.7 to Mathews Consulting, Inc. in the amount of
$41,171.00 for consulting services required for the development of the Temple Park Site as a
neighborhood park.
S:\C;lY CIedt\agendacovccmemol\SA 7 Math""" Temple Pad< 121305
~tJt.
G:.!-<.'! . 0
<.' '"
01 ---...: ~
~ \J
.p.t);---~'"
City Of Delray Beach
Department of Environmental Services
M E M 0 RAN DUM
www.myde/raybeackcom
TO:
David T. Harden, City Manager (] ~
Richard C. Hasko, P .E., Environmental Services Director ~
FROM:
SUBJECT:
TEMPLE PARK DEVELOPMENT
DATE:
December 7, 2005
Attached is Service Authorization //7 for Mathews Consulting for provision of professional
consulting services required for the development of the Temple Park site located on Coral Trace
Boulevard immediately north of Temple Sinai and west of Atlantic High School. The scope of this
agreement includes fonnalization of the proposed park site plan which will include passive playfields
and open space, picnic pavilion, decorative fountain, playground equipment, benches, and site
landscaping improvements and associated irrigation.
The consultant will provide materials necessary for submittal to the Plan Review and Approval
Board (SPRAB) for site plan approval. The contract scope also includes comprehensive site survey
activities including boundary, topography and locations of all existing site improvements.
Construction docwnents for the described park improvements will be prepared under this scope as
well as acquisition of all necessary pennits to perfonn the work.
The proposed schedule for completion of activities included in this scope is designed to accommodate
a construction start date in June, 2006, in coordination with the related project for culverting of the
L-33 Canal to expand space available for passive park use.
The fees for this proposal total $47,171, and the current project construction budget is approximately
$354,000. Funding for this agreement is available in Parks & Recreation Bond account #380-4150-
572-63.23, Neighborhood Parks.
Please place this item on the December 13, 2005 agenda for consideration by Commission.
Cc: Joe Weldon, Parks & Recreation Director
Jill Skaggs, Assistant City Engineer
CITY OF DELRAY BEACH
CONSULTING SERVICE AUTHORIZATION
DATE:
SERVICE AUTHORIZATION NO.
7
FOR CONSULTING SERVICES
CITY P.O. NO.
CITY PROJECT NO.
CITY EXPENSE CODE:
MATIIEWS CONSULT. PROJECT NO. 1327
TITLE:
Tenmle Park
This Service Authorization, when executed, shall be incorporated in and shall become an integral
part of the Contract.
mLE:
Al!reement for General Consultin2 Engil1eerinlr Services
I. PROJECT DESCRIPTION
The project includes the development of an approximately three (3) acre parcel of land
owned by the City of Delray Beach into a passive neighborhood park. The City had
budgeted approximately $354,000.00 for the development of the Park. The components
of the park are based on the Conceptual Master Plan (prepared by Durr and Associates,
Inc.) in February 2005. Three (3) design concepts for the park were described in the
Conceptual Master Plan with the "Naturalistic Design" being chosen by the City. The
components of the park may include:
· Passive playfieldlgreen space
· Picnic Pavilion
. Landscape
· Decorative Fountain
· GradingIReshaping of Existing Pond
· hrigation
. Various Site Furnishings
· Playground
. Parallel Parking
The scope of this Service Authorization is, but not limited to providing surveying
services, preliminary design (e.g. finalization of the Conceptual Master Plan), 60"10 and
100% design, site plan approval, permitting, and bidding services for the Temple Park.
conltacllemplepark 12106105
I
II. SCOPE OF SERVICES
Phase I - Study and ReDOrt Phase
Not Applicable.
Phase II - PreUmlnarv DelI- Phase
Consultant shall provide preliminary design phase services in accordance with Article
m.c of the Agreement for Engineering Services with the City, dated April 20, 2004.
1. Consultant shall complete the selected Master Plan park concept including
updated construction cost opinion and submit to the City for review and approval.
2. Based on comments from the City, the Consultant shall revise the Conceptual
Master Plan and the Conceptual Opinion of Probable Cost and submit to the City.
This approved Conceptual Master Plan shall serve as the basis for the
Construction Docwnents.
3. Consultant shall review the surface water management system design for the
existing lake and ensure the reconfigured lake will have sufficient capacity for
required water quality and storage.
Phase m - Final Desio Phase
Consultant shall provide final design phase services in accordance with Article m.c of
the Agreement for Engineering Services with the City, dated April 20, 2004.
1. Consultant shall prepare construction drawings which shall include: cover sheet,
general notes, site grading and drainage plans, utility plans, electrical (fountain
and irrigation) plans, irrigation plans, landscape plans, hardscape plans, and detail
sheets conforming to the requirements of the current City of Delray Beach
Minimwn Construction Standards. The drawing scale shall be I" = 20' for plan
view only. Profile drawings will not be prepared.
2. Contract docwnents consisting of "front-end" docwnents and technical
specifications shall conform to City of Delray Beach Standards and the FDOT
Standard Specifications for road and bridge work.
3. Drawings and specifications (four copies) shall be submitted for City review at
60% and 100% stages. Consultant shall meet with the City to discuss comments,
and incorporate comments into final docwnents.
4. At the 600A, and 100% stages, Consultant shall prepare a detailed opinion of
probable construction cost. The cost opinion shall reflect changes in general
contracttemplepark 12/06/05
2
scope, extent or character of design requirements inCOJpOrated during the various
design review stages.
Pbase IV - BldcUn2INet!otlatlon P....e
1. Consultant shall assist City in advertising for and obtaining bids or negotiating
proposals for construction (including materials, equipment and labor). It is
anticipated that work shall be awarded under a single construction contract.
Consultant shall provide twenty (20) sets of bidding documents to the City to
issue bid package. The City shall receive and process deposits for bidding
documents and shall maintain a record of prospective bidders to whom bidding
documents have been issued.
2. Consultant shall attend mandatory pre-bid conference and provide a written
summary of issues discussed.
3. Consultant shall issue addenda and shall provide supplemental information or
clarification, as appropriate, to interpret, clarity, or expand the bidding documents
to all prospective bidders during the bid period.
4. Consultant shall attend the bid opening, prepare bid tabulation sheets and assist
City in evaluating bids 31ld proposals, and in assembling and awarding contract
for construction. Consultant shall submit to City a written recommendation
concerning contract award.
S. Consultant shall furnish all bid information to the City in electronic format to be
used in conjunction with "Detnand Star".
P....e V - Construction Administration P....e
Not Applicable.
Other -SIte plan ADDroval and Permfttln2
1. The Consultant shall prepare the appropriate information required for Site Plan
Approval by the City's SPRAB Board. The Consultant shall also attend one (I)
SPRAB meeting, make appropriate presentations as necessary and revise the site
plan for SPRAB approval. Note: Consultant sball make one (1) set of revisions
per SPRAB comments. Major revisions or additional modifications and/or
meetings sball be considered Additional Services.
Permit applications shall be completed as follows:
a. Lake Worth Drainage District (LWDD) - Drainage Review Permit.
CODtncttempleparkl2l06l0S
3
b. Florida Department of Enviromnental Protection (FDEP) - NPDES General Permit
for Stonnwater Discharges from a Construction Site Notice of Intent (NO!) and
Notice ofTennination (NOT).
c. South Florida Water Management District (SFWMD) - Modification to the existing
Standard General Enviromnental Resource Permit (ERP) and No-Notice Dewatering
Permit.
In addition to preparing the permit applications for appropriate regulatory agencies,
Consultant shall assist the City in consultations with the appropriate authorities during the
pennitting process. Consultation services shall include the following:
· Attend up to one (1) pre-application meeting with the staff of LWDD and
SFWMD.
· Attend up to two (2) meetings with L WDD and SFWMD staff during review
of the final permit application.
· Respond to request(s) for additional information from LWDD, FDEP, and
SFWMD.
2. The Consultant shall present the Site Plan to the City Commission. Consultant
shall prepare exhibits to be used for the presentation.
Other - Survey
Consultant shall furnish the services of a professional surveyor to provide boundary and
topographical survey ofthc site. This shall include the following:
· Establish on-site benchmarks in accordance with NOVD 1929 Datum. Elevation
shall bc tied to County Benchmadc.
· Locate all above ground features, including adjacent walls.
· Locate above ground evidence of utilities, obtain rim and inverts where
accessible.
· Obtain spot elevations on an approximate 100' grid with apparent highs and lows
extending to centerline of Coral Trace Blvd.
. Eight (8) cross sections at on-site lake.
· As-Built at control structure at canal and Coral Trace Blvd.
. Trccs on-site and along Coral Tracc Blvd.
ADDmONAL SERVICES
Consultant shall provide additional engineering services as mutually agreed upon between
Consultant and City not covered under this Servicc Authorization. Additional Services may
include, but not be limited to:
cODtracltempJepark12l06l0S
4
. Pennitting by other permitting agencies
. Additional concepts
. Wetland delineation
SClVices performed under this task will be on as-directed basis in accordance with a written
Notice-to-Proceed from the City Manager. The Notice-to-Proceed issued shall contain the
following information and requirements.
· A detailed description of the work to be undertaken.
· A budget establishing the amount of the fee to be paid in accordance with the
Agreement.
. Ati~es~~ed~oo~~onmthe~oc
m. TIME OF PERFORMANCE
The completion dates for this work will be as follows (starting at written notice-to-proceed).
Refer to Attachment A for project schedule.
Emzineerinl!: Services
Phase II - Preliminary Design
Survey
Phase III - Final Design
Site Plan ApprovallPermitting
Bidding and Award
Time Der PhAoe
2 weeks
2 weeks
9 weeks
4 weeks
8 weeks
Cumulative Time
2 weeks
4 weeks
13 weeks
17 weeks
25 weeks
IV. COMPENSATION
The compensation for sClVices provided shall be billed on an hourly basis plus reimbursable
expenses for each phase of work in accordance with Article VII, Method II, up to the following
not to exceed oost for each phase. Refer to Attachment B for budget summary.
Emzineerinl!: Services
Estimated Fees
Phase II1- Preliminary Design Phase
Phase III - Final Design Phase
Site Plan ApprovaI/Pennitting
Surveying
Phase IV - Bidding
Out-of-Pocket Expenses
TOTAL PROJECT COST
$ 4,142.00
$ 25,526.00
$ 8,618.00
$ 3,850.00
$ 2,535.00
$ 2.500.00(1)
$ 47,171 .00
Notes:
(I)Out..()f-Pocltet Expenses include the/ollowing: prlntinglreproduction andpostage,
cODltaCllempleparkl2l06l0S
5
This Service Authorization is approved contingent upon the City's acceptance of and satisfaction
of the completion of the services rendered in the previous phase whereas encompassed by the
previous Service Authorization. If the City in its sole discretion is unsatisfied with the services
provided in the previous phase or Service Authorization, the City may tenninate the contract
without incurring any further liability. The Consultant may not commence work on the Service
Authorization approved by the City to be included as part of the contract without any further
notice to proceed. ..
Approve by:
CITY OF DELRAY BEACH:
MATHEWS CONSULTING, INC.
Date:
P.E., Vice President
Jeff Perlman, Mayor
: f.'
Attest:
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Approved as to Legal Sufficiency
and Form
',,/
STATE OF FLORIDA
COUNTY OF PALM BEACH
"....
"
..1.1
The foregoing instrument was
acIatowledged before me this ~day
of ~. , 2005 by David L.
Mathews, Vice President of
Mathews Consulting, Inc., a Florida
corporation, on behalf of the
corporation. ~She is (personally
known to me) or (has produced
identification), Florida Driver's
License
and (did/did not) take an oath.
contracltemplepark12l06l0S
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AGENDA ITEM NUMBER:
AGENDA REQUEST
~\\
Date: o-ber 7, 2005
Request to be placed on:
-L Regular Agenda
Special Agenda
Workshop Agenda
When:
D_mber 13. 2005
Description of agenda Item:
Staff requests Commission approval of Service Authorization' 1i7 for Mathews Consulting in the
amount of $41,171 for provision of consulting services required for development of the Temple
Park Site as a neighborhood park consistent with the program in the Parks & Recreation Bond.
Scope indudes all surveying work, site plan formalization and submittal for approval, preparation of
construction documents necessary for bidding and contract award and subsequent construction of
the park site. Amenities include passive play fields, play ground equipment decorative fountain, a
picnic pavilion, benches and site landscaping with associated Irrigation. Funding is available In
Partks & Rec Bond account #380-4150-572-63.23, Neighborhood Parks.
ORDINANCE/RESOLUTION REQUIRED:
Draft of Resolution Attached:
YES
YES
NO
NO
N
N
Recommendation: Staff recommends a~
Department Head Signature: ~ _~~
Datennlnatlon of Conslatency with Comprehensive Plan:
/2. -"}.--oS'
City Attorney Revl_/Recommendatlon (if applicable):
Budget Director Review
(required on aUlteme Involving expenditure of funde):
Funding available: c9 v<J:;
No
Account Number:
Funding alternatives (if applicable):
386-<1(50- ~72 b3"Z3
)/.lj~tc ht:Hh ()2Y~ ftJ.-r 1.. .S
fCrlJ-,{)5B (PI tJtf/oS-)
Account Description:
Account Balance:
City Manager Revl_:
Approved for Agenda:
Hold Until:
Ves
~/Z,~f/
No
Agenda Coordinator Revl_:
Received:
Action:
Approved:
Disapproved:
P.O.'
AGENDA ITEM NUMBER:
[ITV DF DELIAV BEA[H
CITY AnORNEY'S OFFICE
~ POLICE lEGAL ADVISOR
, III , ' POLICE LEGAL ADVISOR
MEMORANDUM
@
JOQ w. ATIX\TIC\\T:\IE . OHRA Y BEACH. FLORIDA 33444
J'ELEPlIONE ')()L 2-15-7K2.') . FACSI!\HLE 561/24.3-7H15
1993 To:
Mr. David Harden, City Manager
Catherine M. Kozol, /.. ~
Police Legal Adviso~
From:
Date:
January 20, 2006
Re:
Coral Trace
Traffic Enforcement Agreement
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Attached for your review and insertion on the Consent Agenda are three
originals of the traffic enforcement agreement with Coral Trace Homeowner's
Association. The Agreement will allow the Police Department to enforce state
and local traffic laws on the private roads of Coral Trace. The contract shall also
mandate that the Homeowner Associations comply with speed limits set by
Florida Statute and follow Department of Transportation standards for traffic
control devices. The Police Department feels that allowing enforcement of state
and local traffic laws will enhance our presence in the area and have a more
direct impact on crime in that area.
The Association will pay $1.00 per month to cover the costs of
enforcement and has added the City as an additional insured on the liability
insurance policy. A copy of the Certificate of Insurance is enclosed.
If this Agreement meets with your approval, would you kindly place this on
the Consent Agenda at the next scheduled Commission meeting. When all of
the agreements have been signed, I would appreciate it if you would return one
original to me for forwarding to the Homeowner's Association.
Thank you for your courtesy and attention.
Ath/encs.
cc: Susan Ruby, City Attorney
Chevelle Nubin, City Clerk
Chief Joseph L. Schroeder
'6~
~
CORAL TRACE HOMEOWNERS ASSOCIATION
TRAFFIC ENFORCEMENT AGREEMENT
WHEREAS, the CITY OF DELRAY BEACH, FLORIDA, (hereinafter referred
to as "CITY") through its Police Department, wishes to make its Community Policing
efforts in CORAL TRACE HOMEOWNERS ASSOCIATION as effective as possible;
and
WHEREAS, the CORAL TRACE HOMEOWNER ASSOCIATION (hereinafter
referred to as "ASSOCIATION") is desirous of the enforcement of state and
municipal traffic laws on its property; and
WHEREAS, both the CITY and the ASSOCIATION feels that such
enforcement will make the Community Policing effort a more positive influence on
the community; and
WHEREAS, F.S. 316.006(2),(b),(1),(2) allows for such enforcement on
private roads pursuant to a written agreement approved by the City Commission
which provides for reimbursement for actual costs of traffic control and enforcement
liability insurance and indemnification and other terms as are mutually agreeable by
the parties.
Now, therefore, for the mutual consideration, covenants, and matters set forth
herein, as of the date set forth below, the parties hereto do hereby agree as follows:
1. The CITY does hereby agree to enforce all state and municipal traffic
laws on all private roads owned by the ASSOCIATION.
2. The enforcement of the traffic laws will occur 24 hours, 7 days a week.
3. The ASSOCIATION shall hereby pay to the CITY $1.00 per month to
cover the actual costs of the traffic control and enforcement incurred by the CITY.
4. The speed limit shall be that set by Florida Statute 316.183(2) and
316.189(1) of 30 mph.
5. Signs posting the speed limit must comply with Manual Uniform Traffic
Control Devices used by the Department of Transportation and F.S. 316.189(3).
6. Stop signs must conform to the manual and specifications of the
Department ofTransportation as stated in Florida Statute 316.006(2)(b)(3).
7. The ASSOCIATION shall defend, indemnify and hold harmless the
CITY, its agents, officers, officials and employees from any and all claims, suits,
causes of actions or any claims whatsoever made arising from any and all acts of
traffic control and traffic enforcement that occur on the ASSOCIATION'S property
following the date of this agreement. Nothing herein shall be deemed a waiver of
the privileges and immunities granted to the CITY under F.S. 768.28. This
indemnification shall survive the cancellation of this agreement.
8. The ASSOCIATION shall provide liability insurance to cover the
indemnification in the amount of $100,000 and name the CITY as an additional
insured.
9. This agreement shall take effect upon execution and approval by the
Delray Beach City Commission and the CORAL TRACE HOMEOWNER
ASSOCIATION and shall continue in full force and effect until rescinded by either
party. This Agreement shall automatically renew upon payment of the yearly fee.
10. Either party may cancel their participation in this agreement upon
delivery of 30 days written notice to the other party. Cancellation will be at the
direction of the subscribing party.
11. In any action brought to enforce any provision of this agreement, the
prevailing party shall be entitled to the relief sought plus all costs incurred and
reasonable attorneys' fees.
12. The ASSOCIATION, by signing below, affirms that they have read and
understand this agreement and that they have been given the opportunity to have
the attorney of their choice review this agreement.
This agreement made and entered into on this day of January,
2006.
City of Delray Beach, Florida owner Assn.
By:
Jeff Perlman, Mayor
By: L10y Adler
President of Association
ATTEST:
City Clerk
.ne M. Kozol,
Asst. City Attorney
2
. JAtt-18-2006 14: 2T
FROit-ACORDIA
56136TT229
T-948 P 002/002 F 664
-
ACORDN CERTIFICATE OF LIABILITY INSURANCE I INU~IIIlIWU,^"I"
"18/08
PIIOCUCSI 305.443.4666 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Acordla ONLY AND CONFEAS NO RIGHTS UPON THE CERTIFICATE
Miami Division HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR
3225 Aviation Ave. # 400 ALTER THE. coVERAGE AFFORDED BY THE POUCIES BELOW.
Coconut Grove, FL 33133 INSURERS AFFORDING COVERAGE
...-0 Coral Trace Homeowners Assn fNSUREA A: Phil.delphl. Indemnltv Ins Co.
clo GRS Management Assoc. Inc. ING\JR,ERI: Old Reoubllc Surety Co
Loc: 190 Coral Trace Blvd. INGuRER c:
Delray Beach. FL 33445 INSURER 0:
INSUAefI;l!:
THE POLICIES OF INSURANce LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED AaOVE FOR THE POLICY PERIOD INDICATED. NOTWfTHSTANOING
ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT DR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HERBN IS SUBJECT TO ALl. THE TERMS. EXCLUSIONS I'ND CONDrtlONS OF SUCH
POLICIES. AGGREGATE I.IMITS SIlOWN MAY HAVE BEEN REDUCED BY PAID CI.A1MS.
'!liiI' TYPE OF INSUF\ANCIii f'OUCY NUMlat POUOV EFfEOTIVE POUCy ~RA"'ON u~ITS
A ~EftAl- UAIluTV' PKPIC116248 6/08/06 5109/06 EACH OCCURRENCE: . 1000000
X COMMERCIAL (JEN~ UA9lUTY FIRe: OAMAGE IAny _ 11t61 , 100000
I c........ MADE W OCCU" Meo EXP IMV one paTlUlnl , '5000
"- . PEf\SO~" ADV INJURY . 1000000
GENeRAL AGGREGATe . :2000000
~'1. AG(i~nUMIT APn p~: PROOUCTS - COMPIOF' AGG . "000000
lC. "OUCY , ':".JT LOO
~TOMO"li UAalUTV COM81NeO SlNGI.E UMIT .
__0 (58~c1dent/
-
"- All. OWNED flJ)T05 BODILY INJURy....
(Per ~nlCnl .
"- cCHeDLIt.fD AlJT05
- HU\EP AUTOS aoelL.V'INJ\JAY
.
NONoOWNiD AUTQG lPar DcQdentl
-
- PFlOPERi'Y CAMAGE .
IPorllcCldm'l'l
:=rGE U.OIUTY AUTO ONL. V' . EA ACCIDENT .
~y AUTO OTHeR THAN I!AACC .
AlITO ONLY: .oS ,
5~' UAOILIfY EACH OCCURRENCE ,
OCCUR 0 Cl".AIM5 MADE AGGREGATE ,
,
=l OEOlJCTl.... .
RE1ENTION . ,
WORKERS COMPENSATlON AND I ~~"STATU-_I lOJ~-
EMPLOYERS' UAUlUTY E.~ EACH ACCIOSNT ,
E..L.. DISEASE - EA EMPL.OV'E.'E .
i.1-.. DI5EASE - pOUCY UMlT .
A OTHER PIlPK1162.46 5/09/06 5/09/06
Hual'd $668,000 8LKIRC/5P $ 1 .000 OED
2. % WINO OED CLUBHOUSE 8. CTS.
DSSCRlPTION of OPEftATIONSIl-OCATIONsrvStiICliSSCCWG10NS ADDED IIY ENDOf'SEM.."./Specw. PROVISIoNS
CERTIFICATe HOLDER IS NAMED AS ADDITIONAL INSUReD AS RESPECTS THE
GENERAL LIABII.ITY COVeRAGE
Faxed to Dava Dietz/661-641-9446 @ 4:50pm VJ
Speoial Form/Repl.cem.nt Co.tlBlenket BuUdlng Limits
8 CRIMe OCB0537224 12/2.106-06 $10,000 Employe. Di.honesty
CERTIFICATE HOI.DER . 1 I ADgmONA\. INSURED: INSUf'ER urrTEfl.: CANCELLATION
St40UIJ) ANY OF THE AllQVE oescmaeo POUCIES lie CANCEl.L5P BEFO~ THE explRAllOI
CITY OF DELRA Y BEACH DATE 1'tiRREOF. TitE IG$UIN~ INSuREfl; WlI.L BNDEA\lOR TO MAl\. ~ DAY6 wRl"rTt
POLICE DEPARTMENT NOTICE TO TME CEAl1ACATE HOI-DEII NAMEP TO THE LEFT, aUT fAlL.URE TO DO liO SHA~
100 NW. 1st Avenue IMP'OSIi: NO OIUGATlON OR uA8IUTY ~F ANV' IUND UPON THE IN5VAER, ITS ACDft& 0
Delroy Beach. FL 33445 _UENTA"-. /\.1
. ~ T~eS,I\"'1 .i,.qt
, (IY T ~.
AC S - '--' II OR 0 Tlall 191
AC D C RPORA
COVERAGES
ORD 25- (7/91\
55 38
[IT' DF DElRAY BEA[H
oj.,
"'&Z:1
'; I
\
,
CITY ATTORNEY'S OFFICE
,'.:\\- I-I\\'L.\,I i . 1)1: I<\Y BE,\ClL FLORIDA 33444
! l'li( )"\! ':';(, . I\CSI\'1ILE: 5611:nS-4755
Writer's Direct Line: 561/243-7090
DELRAY 6EACH
, I ()" "A
ItIaI:II
All-America City DATE:
~ III ~! TO:
MEMORANDUM
January 26, 2006
City Commission
David T. Harden, City Manager
0Cb
i~~; FROM:
Terrill Barton, Assistant City Attorney
SUBJECT: Authorization to Quiet Title to 6 Parcels
The following City lots have been selected for transfer into the newly created
Community Land Trust:
1) 218 SW 4th Avenue, PCN # 12-43-46-16-01-031-0090
2) SW 2nd Street, PCN # 12-43-46-17-07-038-0010
3) NW 8th Avenue, PCN # 12-43-46-17-25-002-0210
4) SW 2nd Terrace, PCN # 12-43-46-17-31-000-0230
5) SW 3'd Street, PCN # 12-43-46-16-01-039-0060
6) NW 8th Avenue, PCN # 12-43-46-17-25-002-0250
Therefore, our office is hereby requesting authorization to pursue quiet title actions
on each of the aforementioned parcels in order to make the title to these parcels
insurable.
Please place this matter on the next City Commission agenda for consideration.
Please let me know if you have any questions. Thank you.
TCB:smk
cc: Chevelle Nubin, City Clerk
Lula Butler, Director of Community Improvement
~
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM # - REGULAR MEETING OF FEBRUARY 7. 2006
RATIFICATION OF APPOINTMENTS TO THE KIDS & COPS COMMITTEE
DATE: FEBRUARY 3, 2006
The terms for Ms. Cory Cassidy, Ms. Beth Damon, Mr. William Fay, Ms. Danielle Gallo, Mr.
Ken Haines, Officer Jeffrey Messer, Ms. Yvonne Odom and Officer Edward Smith expired on
November 30, 2005.
The Kids and Cops Committee was established as an advisory board to the City Commission in
May, 1994 with the adoption of Ordinance No. 20-94. Its primary goal is to strengthen the
relationship between the local youth of our community and members of the Delray Beach Police
Department through various programs and activities. It is composed of representatives
designated by the City's Police and Parks and Recreation Department, Delray Beach public
schools and other organizations. Over the years, membership has evolved to include the "Other
Representation" category which has provided the opportunity for interested residents to
participate in the program. The City Commission directly appoints members to fill the "Other
Representation" category. The other appointments are made by the various groups involved and
presented to the Commission for ratification.
The current appointees for ratification are:
Cory Cassidy
Beth Damon
WilliamJ. Fay
Danielle Gallo
Ken Haines
Jeffrey Messer
Yvonne Odom
Edward Smith
Position
Cashier
Counselor
Principal
Recreation Supervisor
School Administrator
Police Officer
Educator
Crime Analyst
(Incumbent)
(Incumbent)
(Incumbent)
(Incumbent)
(Incumbent)
(Incumbent)
(Incumbent)
(Incumbent)
Or2anization
Represented
Citizen at Large
Plumosa Elementary
Banyan Creek Elementary
City ofDelray Beach
SD Spady Elementary
Police Benevolent Assoc.
Carver Middle School
City of Delray Beach
A check for code violations and/or municipal liens was conducted. None were found. Voter
registration verification was completed and all are registered.
All of the current appointees have previously served on the Kids and Cops Committee. The
tenns are for two (2) years, ending November 30,2007.
Ratifications are scheduled for the regular City Commission meeting of February 7, 2006.
KIDS AND COPS
02/06
TERM REGULAR MEMBERS ORGANIZATION TELEPHONE
EXPIRES REPRESENTED
Vacant Atlantic High Office:
Home:
Vacant Atlantic High (student) Home:
11/30/2007 William]. Fay,]r. (principal) Banyan Creek Office: 638-2151
4243 Sabal Lakes Road Home: 624-8150
Dekay Beach, FL 33445
11/30/2007 Yvonne Odom Carver Middle Home: 498-1894
3905 Lowson Blvd PBC School District
Dekav Beach, FL 33445
11/30/2007 Marilyn Pickens Other Representation Office: 738-2982
3694-G Savoy Lane (Crosspoint Elementary) Home: 687-5232
West Palm Beach, FL 33417
11/30/2007 Vacant Orchard View Office:
Home:
11/30/2007 Vacant Pine Grove Elementary Office:
Home:
11/30/2007 Beth Damon Plurnosa Elementary Office: 243-1562
1712 NE 2nd Avenue Home:
Delray Beach, FL 33444
11/30/2007 Ken Haines S.D. Spady Elementary Office: 243-1558
1436 SW 25'" Avenue Home: 523-3742
Boynton Beach, FL 33426
11/30/2005 Cory Cassidy Citizen at Large Office: 715-7100
424 Palm Trail Home: 731-4928
Delray Beach, FL 33483
Vacant MADDADS Office:
Home:
Vacant Clergy-Ministerial Office:
Association Home:
11/30/2007 Danielle Gallo Parks and Recreation Office: 243-7277
50 N. W. 1st Ave.
Delray Beach, FL 33444
11/30/2007 ] effrey Messer, Chair PBA Office: 243-7841
Orig App' 1997 300 West Atlantic Ave.
Delrav Beach, FL 33444
11/30/2007 Edward Smith Police Dept Office: 243-7847
1560 NW 22"" Avenue
Delrav Beach, FL 33445
11/30/2005 Jennifer Buce, Co Chair Other Representation Office: 243-7138
D<g App' 04/97 100 N. W. 1st Ave.
Delrav Beach, FL 33444
11/30/2005 Francis Moschette Other Representation Office: 243-7820
300 West Atlantic Ave
Delrav Beach, FL 33444
Cont2ct: Jeff Messer - 243-7841 Vicky Strausman - 7853
SICily Clerk/Board 03/Kids & Cops
p~L""'': B~P!
~
'lllt
1993
2001
I/;?Jor
RECFIVED
JAN 1 ') 2006
CITY Of' DELRAY BEA8iIv CLERK
BOARD MEMBER APPLICATION
1.
2.
infcnmation:
3.
,
I fl.A.- t '--
City
~
State
4.
City
State
Zip Code
E-Mail Address:
Cell Phone:
Fax:
\ \\.S...:. \00
If so, where are you registered?
9. Educational qualifications:
10. List any rebted professional cenioations and licenses which you hold:
or most recent employer, and
~
\
"'-~ ~r ~ c:)
12. Describe experiences, skills or knowledge which qualify you to lel'Ve on this board: (please attach a brief lCSIID1e)
J hereby eertify Wt all the above ltatelnenu are aue, and 1 agree and uodersWld Wt any mism.......mt of "...,m.t facts
. e~.p . tion IIl2Y cause forfeiture upon my part of any appointment J IIl2Y receive.
L V ~ --.J :1 ~0) I -(jt:;
SIGNATIJ DAlE
Note: This appliation will remain on file in the City Oerk's Office for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a current appliation is on file.
~1ION
Ir:J- 107
Iy~c
tJcc ~/V~
. CITY OF DELRA Y BEACH <-I ? I <'a lJ
BOARD MEMBER APPLlCATIO~ Ct.sl1:
'qm
1993
2001
M.I.
2.
5M-~66-l/5/D S{'I~~3- 15~;;l.
6. Are you a registered voter?
Zip Code
.3 Q
Zip Code
S
Zip Code
3"?,l{lfY
E-Mail Address: Cell Phone: Fax: 5 (PI -
Cf\Q\:I:: 6@;J~/lDL 561-~"''-I./5ID 0279-/76/
If so, where are you registered? ~ l>...L ~
DClCa "'-.(Ul>n L
7. What Board(s) are you interested in serving? Please list in order of preference:
3.
4.
I/I~
State
~L
5. Home Phone:
Business Phone:
ES
ids QKJ
Co
8. List all Cit). Boards on ".ruch ,'ou are currendy serving or have previously served: (please include dates)
9. Educational qualifications:
~
10. List any related professional certifications and licenses which you hold:
Cetitftca-H.l'I. L
.s c.h Ou
12. Describe experiences. skills or knowledge which qualify you to serve on this board: (please attach a brief resume)
~eh aD -ear..s
J hereby certify that all the above starements are true, and I agree and understand that any misstatement of matcrial factS
~s ry)ca;;;;;::::;e forfeiture upon my pan of any appointment J i~ =-je,; _ oS
SIGNA1URE DATE
Note: This application will remain on file in the City Oerk's Office for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a ament application is on file.
~T1ON
///3jJ'g'
DELRAY BEACH
, I C) . . " <lo
* * * * ....
QAlIlIlII.r;
, ~llt
1993
2001
CITY OF DELRAY BEACH RECEIVED
BOARD MEMBER APPLlCATIONAN 1:1 2006
C/Tyc:
IlK
2.
information:
1.
u/~
f.f(;l>>.E
Stat
M. \:;r-
l!t~lg--
Zip Code
3.
State
4. PM6~est~
16 ~.
5. Home Phone: Business hone: E-Mail Address:
1- (, z4-?f1 'J7:> ~/- t, 3fr -Zl~ C/frJf/bJJfU.€}i/.
RD.
F g'5wS-
City
L)s.CM-<f Y-K-ti
State Zip Code
rL '1>1.<(10'
Cell Phone:
Fax:
-
6. Are you a registered voter?
If so, where are you register
If (;lJfJS
~s
7. What Board(s) are you interested in serving? Please lisWn order of preference:
. r ..:::.
8. List all City Boards on which you are currently servin . ~ have previously served: (please include dates)
. AJ I ...>
10. List any related profess'p~al certifications and licenses which you hold:
'/(OJG/ C-
11. Give your present, or ost recent em loyer, and position:
t 2. Describe experiences, skills or knowledge which qualify you to serve on this board: (pIe
o. .
are true, and I agree and understand that any misstatement of material facts
eiture upon my part of any appointment I may receive.
I
SIGNATURE
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\CITYCLERK\BOARD\APPLICATION
P'Rf'':I~ft1
~
'lilt
1993
2001
RECEIVEl?/09
JAN 1 ? 2006.
CITY OF DELRAY BE~-ttr Clf:.H\<.
BOARD MEMBER APPLICATION
t.
2.
3.
. infozmation:
City
M.I.
SPt......
State Zip Code
State Zip Code
4.
.50;UW ISr Atle,
5. Home Phone: Business Phone:
~}-715-(P3~7 ~J-alJ37~7
6. Jue you a registered voter? nD
City
De/ra BeaCh
P<..
33l.JL/lf
Fax: ~J-
8l./~ 1d~8'
E-Mail Address:
CcIJ Phone:
7/S-~o~7
If so, where are you registered?
7. What Boud(s) ue you interested in serving? Please list in order ofpreftrenee: j!..;d~ tf
8. List all Cirl' Bouds on ".hich )'OU !-'" current! ' serving or have previously served: (please include dates)
9. Educational qualifications:
I O. List an}" related professional certifications and licenses which you hold:
12. Describe expetiences,.skills or knowledge whicb qualify you to serve on this board: (please IUacb a brief resume)
I hereby certify tha all the above starements are true, and I agree and understand that any misstatement of matcrial factS
contained in thi plication may cause forfeiture upon my pan of any appointment I may receive.
"b
/a-7-D,y
DATE
SIGNAnJRE
Note: This application will remain on file in the City Oerk's Office for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
1'aI'V~"""
. j/;7JIJ'{
RE.CE\\IED
. Jt>.N , ? 11lllti
BO~: :~=:~~:~~~~l~~tr:nK
t.
2.
Name
M.L
3. Leg.al Residence:
ve.
City
City
4. Principal Business Address:
City
~~cj&h
E-Mail Address: Cell Phone:
IlQIrle!> e fb\hbh .1<\2. 252 - 9s'}3
If so, where are you registered?
State Zip Code
R --S4Y.y
Fax:
Y5Y'-7I3ol
21 L0 IO'T1-\Ave
5. Home Phone: Business Phone:
c;&)73J-'IrzB (54) 7800
6. Are you a registered voter?
'" -S,
7. What Board(s) are you intere ted in serving? Please list in order ofpreference:
,
8. List aU Cit). Boards n 'ruch you are currently serving or have previously served: (please include dates)
- -c .
9. Educational qualifications:
10. List an}' related professional certifications and licenses which you hold:
12. Desaibe experiences, skills or knowledge which qualify you 10 serve on Ibis board: (plcase attach a brief resume)
1 hereby certify that all the above statements are true, and 1 agree and UDderstancl that any misstatement of material facts
containe in this application may cause forfeiture upon my part of any appointment 1 may receive.
) 2- 7-0c,
DA 11E.
Note: This application will remain on file in the City Oerk's Office for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a ament application is on file.
"""'~TION
REC/J~lld
Jf>,~ , ? 21lllG
., r:H\(
CITY OF DELRAY BEACtbi\{ l,\.k
BOARD NiEMBER APPLICATION
. infozmation:
M.L
"\.
City State Zip Code
City State Zip Code
State Zip Code
~\.,\... ~\ . ")1\44
Cell Phone: Fax:
2. Home Address:
3. LegaI Residence:
4. Principal Business Address:
\-:,\ ;z.\\~:")~\\
6. An you a registered voter? "? <?
7. What Board(s) arc you interested in serving? Please list in order of preference:
\
8. list all Cit)' Boards on ,,'hich y u are currently serving or have previously served: (please include dates)
9.
10. List any related professional certifications and licenses which you hold:
. bOard: (please attach a brief resume)
~~~ ~ c..." ,,\~ ~, ~
~ :l~
I hereby certify that all the above statemenu arc true, and I agree and understand that any misstatement of male%ial factS
contained in this application may cause forfeiture upon my put of any appointment I may motive.
~\\\ \\~ \l..\illj ~
SIG~ DATE
Note: This application will remain on file in the City Oerk's Office for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
~LICo\"""
p~"'':B~P1
~
1993
2001
RE:~fj~6
JAM 1 '12\1\16
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CITY OF DELRAY BEACHcrl"(CU';''\
BOARD NlEMBE~ APPLICATION
information:
Name 1/(') ,t!)AJ e-
2. Blvd. City 6ch S~L
3. City Slate
4. Principal Business Address: City Slate Zip Code
5. Home Phone:
Business Phone:
Cell Phone:
Fax:
4/ J./-'lgi&;9'rf 03<6-;;;</00
6. Are you a registered voter? es
7. What Board(s) = you interested in serving? Please list in order o{pre{erenee:
I.e., d 5 (kIlt! C", .s
8. List all Cit). Boards on ,,'hich }'OU = cutT<tltly serving or have previously served: (please include dates)
Kt ds U4la CO//S
9. Educational qualifications:
oS
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Note: This application will remain on file in the City Oerk's Office for a period of 2 years from the date it was
submined. It will be the applicant's responsibility to ensure that a current application is on file.
~Y1ON
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REG'-""'"""
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JAM 1 ? 2006
CITY 0' DELRAY BEACtblTY CLt;.H'I\
BOARD MEMBER APPLICATION
Please or rint the (011 . in(ounation:
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2. Home Address:
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3. Legal Residence:
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4. Principal Business Address:
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6. Are you re~ered voter? If so, where are you registered?
7. What Board(s) an: you interested in serving? Please list in order of preference:
P.
Cell Phone:
M.L
G.
~Z ~~ Code
Sute Zip Code
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SUte Zip Code
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Fax:
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5. Home hone:
Business Phone:
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8.
ou an: currendy serving or have previously served: (please include dates)
9. Educational qualifications:
10. list any related professional certifications and licenses which you hold:
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12. Describe experiences,.skills or know1edge which qualify you to aet;VC 00 this board: (please attach a brief resume)
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I hereby celtify that all e .bove statements an tJUe, and I agree and uodemand that any mislUtement of material faCts
contained in this .pp . . on may ca e forfeiture upon my pan of any appointment I may receive.
/2--7-C!)"
DATE
Note: This application will remain on file in the City Oerk's Office (or a period of 2 years &om the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
1arY~11ON
MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~1
AGENDA ITEM ~ - REGULAR MEETING OF FEBRUARY 7. 2006
APPROVAL OF POLL WORKERS FOR THE FIRST NONPARTISAN
ELECTION
TO:
SUBJECT:
DATE:
February 3, 2006
This is before the City Commission to approve the list of poll workers for the First Nonpartisan
election to be held on March 14, 2006, and to direct the City Clerk to select a sufficient number of
clerks, assistant clerks, inspectors and precinct advisors from the list to work during the election,
pursuant to Section 34.02 of the City Code.
The list is attached for your review.
Recommend approval of the poll workers with direction to the City Clerk to select a sufficient
number of workers for the municipal election to be held on March 14,2006.
S.Elections.2006.Agmemo.Approval Pollwotkers.March 2006
CITY OF DELRA Y BEACH
MUNICIPAL ELECTION
MARCH 14.2006
(POLL WORKER LIST),
CLERKS PRECINCT NO.
William Kramer 4052 - Lakeview Baptist Church
Roselyn Cohen 4082 - Boca-Delray Church of Christ
Rosena Miley 7154 - Pompey Park Recreation Center
Harold Wertman 4060 - 505 Club
Pamela Goodman 4048 - Veterans Park Recreation
Susan Litchfield 4084 - St. Paul's EDiscooal Church
Anthony Debartolo 4080 - Lake Delray ADartments
Fran Rowland 4066 - Pines ofDelray East
Ruth Davis 7166 - Village Academy
Mildred Piccolo 4012 - Banyan Creek Elementarv School
Evelyn Spielholz 4058 - Delrav Beach Muni Golf Course
Eileen Marks 7150 - TemDle Sinai
Christopher Clarke 7168 - Communitv Center
Jay Oberfield 4014 - Pines of Delrav North
Evelvn Dawson 4050 - Country Manors Association
Ester Wolmer 4166 - Abbey Delray South
John McGovern 7142 - Church of the Palms
Phyllis Berse 4064 - Orchard View Elementarv School
Shirley Brody 7144 - Delrav Beach Public Librarv
Rosalie Granata 4062 - Emmanuel Catholic Church
David Forest 4056 - West Park Baptist Church
Jonathan Gottlieb 4013 - Barwick Road BaDtist Church
Paul Siegal 4076 - Sun Sentinel Building
S:\City ClerklELECTlONS 2006\CITY OF DELRA Y BEACH.Clerks.doc
CITY OF DELRA Y BEACH
MUNICIPAL ELECTION
MARCH 14.2006
(POLL WORKER LIST),
ASSISTANT CLERKS PRECINCT NO.
Geraldine Brodsky 4052 - Lakeyiew BaDtist Church
Bombina Marrone 4082 - Boca-Delray Church of Christ
Irving Roth 7154 - Pompey Park Recreation Center
Charles Heiferman 4060 - 505 Club
Edith Frankel 4048 - Veterans Park Recreation
Elaine Moran 4084 - St. Paul's Episcopal Church
Freyda Nussdorf 7166 - Village Academy
Joel A. Josephs 4012 - Banyan Creek Elementarv School
Sandra M. Blank 4058 - Delray Beach Muni Golf Course
Ralph Beier 7150 - TemDle Sinai
Abe Brodsky 7168 - Community Center
Rhoda Datlof 4166 - Abbey Delray South
Irene D'annucci 4062 - Emmanuel Catholic Church
S:\City ClerklELECTlONS 2006\CITY OF DELRA Y BEACH.Assistant Clerks.doc
CITY OF DELRA Y BEACH
MUNICIPAL ELECTION
MARCH 14.2006
(pOLL WORKER LIST)
PRECINCT ADVISORS PRECINCT NO.
Doris Goldberg 4052 - Lakeview BaDtist Church
David Farber 4082 - Boca-Delray Church of Christ
Michael Frankel (Mike) 7154 - Pompey Park Recreation Center
Ilene Sovt 4060 - 505 Club
Ross Zito 4048 - Veterans Park Recreation
Philip Dolinsky 4084 - St. Paul's Eoiscooal Church
Patricia McCray 4080 - Lake DeJrav ADartments
Robert Fox 4066 - Pines of Delray East
Gerry Franciosa 7166 - Village Academy
Jerome Allen (Jerry) 4012 - Banyan Creek Elementary School
Patricia Corbett 4058 - Delray Beach Municipal Golf
Course
Richard Litchfield 7150 - TemDle Sinai
Jacob SaIll 7168 - Community Center
Norton Rosenberg 4014 - Pines of Delray North
Philip Spector 4050 - Country Manors Association
Helen Fett 4166 - Abbey Delray South
Elizabeth Murray 7142 - Church of the Palms
Lawrence J. Diou 4064 - Orchard View Elementary School
Janice Smith 7144 - DeJrav Beach Public Library
Mark Gelfand 4062 - Emmanuel Catholic Church
Alvin Heckler 4056 - West Park BaDtist Church
Elizabeth Thomas 4013 - Barwick Road Baptist Church
Rafael Huesca Jr. 4076 - Sun Sentinel Building
S:\City ClerklELECTlONS 2006\CITY OF DELRA Y BEACH.Preciocl Advison.doc
CITY OF DELRA Y BEACH
MUNICIPAL ELECTION
MARCH 14. 2006
,lPOLLWORKER LIST)
INSPECTORS PRECINCT NO.
Beatrice West 4052 - Lakeview BaDtist Church
Stanford Kalla
Muriel Freedman
Veronika Morvai
Calvin Dever 4082 - Boca-Delrav Church of Christ
Matt Atkinson
Francine Freid
Vera Farrington 7154 - PomDev Park Recreation Center
Gwendolyn Green
Mary Wri,ght
Doris Lessner 4060 - 505 Club
Renee Blum
Ms. Luise Piane
Shirley Roth
Lidia Nahoum
Richard Gallo
MaryW. Lurvey 4048 - Veterans Park Recreation
Faye Braverman
Morton Klibonoff
Myrna Gedo
Marie Marconi
Carola Simpson
Jack Lessner 4084 - St. Paul's EpiscoDal Church
Ladislaus (Laddie) Bonder
Shirley Glassman
Ruth Kahn
Louise Edwards
Barry Goodman
Hope Elaine Farber 4080 - Lake Delrav ADartments
Joseohine Leuzzi
Anita Berliner
Joseph Civitano 4066 - Pines of Delrav East
Rhoda Landsman
Paul Pesale
Ralph D'annucci
S:\Cily CIerkIELECTIONS 2006\CITY OF DELRA Y BEACH.lnspectors agenda list.doc
Page I of3
INSPECTORS PRECINCT NO.
Florence Michelson
Christine A. Wilson 7166 - Villal!e Academv
Fred Ash
La Vim B. Brin
Joseoh Krochak 4012 - Banvan Creek Elementarv School
Bernice Neuhaus
Doris Krokoff
Fred Cirling
Anthony Mendillo 4058 - Delrav Beach Muni Golf Course
Albert Simon
AlIDes Sciarrino
Pauline K. Shulman
Barbara Gordon
Eleanore R. Kresch 7150 - Temple Sinai
Rose N. Port
Marvin Bressler
Kenneth Leiner
Julius Seltzer
Michael Hersh 7168 - Community Center
Mary Howard
Esther Huesca
Murray Michelson 4014 - Pines of Delray North
Sylvia Cassillo
Donna Zorn
Lee Dennett 4050 - Country Manors Association
Dorothy Ford
Sylyia Centner
Rochelle Kramer 4166 - Abbey Delray South
Ray Stulberger
Juanita Shaul
Lula Hayes
Betty Dolinsky 7142 - Church of the Palms
Sherwood Federman
Dorothy Goldberg
Svrietta (Skippy) Kalla
Sydelle Weinstein 4064 - Orchard View Elementary School
Les Frank
Alfred Ryer
Stan Saltz
Marv Civitano 7144 -Delray Beach Public Library
Evelyn Hersh
Doris Hannum
Gilbert Berliner 4062 - Emmanuel Catholic Church
S:\Cily CIerltIELECTIONS 2006\CITY OF DELRA Y BEACH.lnspec.... ageoda Iist.doc
Page 2 of3
INSPECTORS PRECINCT NO.
Jean Alter
Barbara (Bobbie) Harrison
Ellen Frank
Sylvia Sandowski
Donald Presel
Arnold (Arnie) Sobel
Alice Shultz 4056 - West Park Baptist Church
Martin Meltzer
Harry Alter
Alice Glassman
Sol Friedman 4013 - Barwick Road Baptist Church
Linda Pesale
Mr. Saltiel Shalom
Carol Appelbaum 4076 - Sun Sentinel Building
Harry Miller
Melvin Gorenstein
S:\City ClerklELECTlONS 2006\CITV OF DELRA Y BEACH. Inspectors agenda Iist.doc
Page 3 of3
~,
[ITY DF DELRAY BEA[H
CITY ATTORNEY'S OFFICE
'00 \l1V hI AVI:\lI'F '11I1 IVW BFACII. FLORIDA 33444
rLlrPIIOI\T: )61/~-+~-7(Hli' F\CSII\:lILE: 56[1]78-4755
DELRAY BEACH
~DATE:
AII.America City
, , II , ' TO:
@ FROM:
MEMORANDUM
January 30, 2006
City Commission
Susan A. Ruby, City Attorney
1993
2001
SUBJECT: Auburn Trace Contract
The City's contract with the owners of Aubum Trace required a closing by January
31st. Auburn Trace notified us that they were unable to close on that date due to
their underwriter needing additional time to submit a refinancing package to the
Florida Housing Finance Corp. (FHFC). The monthly meeting of the FHFC which
will act on the refinancing request will occur in March.
Per this Addendum NO.3 to the contract, the owners will close by March 15, 2006
and cooperate on all issues related to the property.
A meeting was held with School Board staff and South Florida Water
Management, the City and the principals of Auburn Trace. At the meeting it was
agreed that a joint application for a permit by all three parties would occur and the
School District staff would accept an easement from Auburn Trace, the current
owners, for drainage etc. in the meantime.
Our office recommends approval of the addendum which allows for the extension
until March 15. 2006 for the closing and incorporates the cooperation agreement.
By copy of this memorandum to David Harden, please place this item on the
February 7,2006 City Commission agenda for approval.
S~~
cc: David Harden, City Manager
Chevelle Nubin, City Clerk
Doug Smith, Assistant City Manager
Richard Hasko, Director of Environmental Services
Jill Skaggs, Assistant City Engineer
Steve Rubin, Esq.
~
ADDENDUM NO. THREE TO
CONTRACT FOR SALE AND PURCHASE
Buyer:
City of Delray Beach, a Florida municipal corporation
Seller:
Auburn Trace, Ltd., a Florida limited partnership
Property:
Tract B, Auburn Trace, according to the map or plat thereof, recorded in Plat Book
64, Page 184, of the Public Records of Palm Beach County, Florida.
WHEREAS, on August 4, 2005, Seller and Buyer entered into a Contract for Sale and
Purchase (hereinafter referred to as the "Contract") for the sale and purchase of Tract B, Auburn
Trace, according to the map or plat thereof, recorded in Plat Book 64, Page 184, of the Public
Records of Palm Beach County, Florida (hereinafter referred to as the "Property"); and
WHEREAS, the Contract was amended on October 12, 2005 and November 30,2005; and
WHEREAS, in accordance with the Second Addendum to the Contract, Seller and Buyer
agreed to close this transaction on January 31, 2006; and
WHEREAS, Seller has sought the approval of the Florida Finance Housing Corporation
("FHC") to subordinate its present second mortgage which encumbers this Property and the Seller's
adj acent property to new first mortgage financing on Seller's real property which is adjacent to this
Property; and
WHEREAS, there is no contingency in the Contract for the refinancing of the adjacent
property owned by Seller; and
WHEREAS, Buyer is ready, willing and able to close this transaction on January 31, 2006,
subject to full performance by Seller of the terms and conditions ofthis Contract; and
WHEREAS, Seller has requested Buyer to extend the date of closing to March 15,2006 to
allow the Florida Finance Housing Corporation an opportunity to consider Seller's request for
subordination and release of its second mortgage because the FHC can only approve the Seller's
request at a public hearing, the earliest of which can be scheduled on March 3, 2006; and
WHEREAS, Buyer is willing to grant an extension of time for closing upon consideration of
the Seller's execution of an Cross Easement Agreement in favor of the School Board of Palm Beach
County ("School Board") with respect to the real property it owns immediately to the North of this
Property on which the Village Academy is located, and in consideration of Seller's joinder and
consent to the School Board's application to the South Florida Water Management District for the
issuance of a permit which is necessary for the construction of an addition to the Village Academy by
the School Board;
Page 1 of 4
NOW, THEREFORE, in consideration of the mutual covenants and promises contained
herein and other good and valuable consideration, the receipt whereof is hereby acknowledged,
Buyer and Seller agree as follows:
1. The above recitals are true and correct.
2. This transaction shall close on or before March 15,2006. Time is ofthe essence with
respect to closing.
3. Seller acknowledges and agrees that Buyer is not in default of any term, condition or
covenant contained in this Contract.
4. Seller acknowledges and agrees that Buyer is ready, willing and able to close this
transaction on January 31, 2006.
5. Seller acknowledges and agrees, that Seller's ability to refinance its first mortgage or
effect the subordination of the FHC Mortgage second mortgage is not a Seller contingency and Seller
is obligated to obtain the release or satisfaction of all mortgages which presently encumber the
Property at or prior to closing.
6. Seller has the affirmative duty to convey good, marketable and insurable title to Buyer
at closing, and at closing, with respect to Attorneys' Title Insurance Fund, Inc. Title Insurance
Commitment No. CF-1411905, Seller's Title Agent shall mark all of the items in Schedule B (I) as
"satisfied" and delete the following items on Schedule B II: Items 1, 2 (except for taxes for the year
2006 and subsequent years), 3, 4, 6, 12, and 13. Item 5 of Schedule B II shall reflect only unpaid
taxes for 2006 and subsequent years. Buyer agrees that title to the Property may also be subject to the
Cross Easement Agreement described in paragraph (7) of this Addendum. Seller shall not further
encumber the Property without Buyer's written consent which may be unreasonably withheld.
7. Simultaneously with or prior to the execution of this Addendum, Seller shall execute
the Cross Easement Agreement in favor of the School Board, the form of which is attached hereto
and made a part hereof as Exhibit "1", and deliver it to the Buyer. If as of the date of execution of
this Addendum the Cross Easement Agreement form has not been approved by the South Florida
Water Management District, Seller agrees to execute any modification to the Cross Easement
Agreement for which the South Florida Water Management District requires in connection with the
issuance of the South Florida Water Management District Permit. Prior to closing, Seller shall act in
good faith and exercise due diligence to obtain the subordination of the existing mortgage liens on
the Property and Tract A to the Cross Easement Agreement and to obtain the release of the Land Use
Agreement described in Item (13) of Schedule B-II of the Title Insurance Commitment from the
Property. At minimum, Seller shall, within five days after the date of execution of this Addendum,
request each mortgagee in writing to subordinate its lien to the Cross Easement Agreement, and to
sign any application or document any subordinating mortgagee requests, provided the document does
not render title to the Property unmarketable. In addition, Seller shall, within five (5) days of the date
of execution of this Addendum, make written request to FHC to release the Land Use Agreement
described in Item (13) of Schedule B- II of the Title Insurance Commitment from the Property. Seller
shall pay any reasonable subordination fees, if requested. Seller acknowledges and agrees that the
Page 2 of 4
Cross Easement Agreement may be recorded in the Public Records of Palm Beach County Florida
after the execution ofthis Addendum and it shall be binding upon the Seller and Seller's successors
and assigns notwithstanding the failure of the Contract to close for any reason.
8. Simultaneously with or prior to the execution of this Addendum, Seller shall execute,
join in and consent to the South Florida Water Management Permit Application No. , the
form of which is attached hereto as Exhibit "2".
9. Simultaneously with or prior to the execution ofthis Addendum, Seller shall execute
the Cooperation Agreement the form of which is attached hereto and made a part hereof as Exhibit
"3".
10. Between the date of execution ofthis Addendum and the closing date of this Contract,
Seller shall cooperate in good faith with Buyer and the School Board with respect to Buyer's plan to
construct improvements on the Property and the School Board's plans to construct improvements on
its real property, including without limitation, drainage site work on the Property. Seller's obligation
to cooperate shall include, without limitation, its obligation to sign, join in, or consent to any plan,
application, process or document that may be reasonably necessary for Buyer to construct the
improvements on the Property and the School Board to construct the improvements on its real
property, if deemed necessary and desirable in the reasonable discretion of the Buyer and School
Board, respectively, especially as the plans relate to the issuance of the permit from the South Florida
Water Management District.
II. Except as modified by the terms and conditions of this Addendum, Seller and Buyer
hereby ratify the terms and conditions of the original Contract and prior Addenda.
12. In the event of any conflict between the terms of this Addendum and the Contract and
any other Addendum, the terms of this Addendum shall control.
13. This Agreement may not be modified except by a writing signed by all parties.
14. The School Board shall be deemed a third party beneficiary of this Addendum with
respect to the terms which relate to it.
IN WITNESS WHEREOF, the parties have signed this addendum on the dates stated below.
AUBURN TRACE, LTD., a Florida Limited
Partnership
Date:
By:
Thomas Hinners, General Partner, Seller
Page 3 of 4
CITY OF DELRA Y BEACH
Date:
By:
Jeff Perlman, Mayor, Buyer
Attested by:
Printed Name
City Clerk
Page 4 of 4
PREPARED BY AND
RETURN TO:
STEVEN D. RUBIN, ESQ.
980 North Federal Highway, Suite 434
Boca Raton, Florida 33432
CROSS-EASEMENT AGREEMENT
THIS Cross-Easement Agreement is made this _ day of ,2006, by Auburn
Trace, Ltd., a Florida limited partnership, its successors and assigns (hereinafter referred to as
"Auburn Trace"), whose mailing address is 63 Kendrick Street, Needham, Massachusetts 02494-
7208, and the School Board of Palm Beach County, Florida, its successors and assigns, whose
mailing address is 3318 Forest Hill Boulevard, C-214, West Palm Beach, Florida 33406, (hereinafter
referred to as "School Board").
WITNESSETH:
For Ten Dollars ($10.00) and other good and valuable consideration in hand paid by the
School Board to Auburn Trace, the adequacy and receipt of which are hereby acknowledged, Auburn
Trace hereby grants, bargains and conveys to the School Board a non-exclusive drainage easement,
for the purposes described in this Agreement, in, over, across, on, under and through the real
property located in Palm Beach County, Florida described in Exhibit "A" attached hereto and
incorporated herein by reference and hereinafter referred to as "Easement Parcel One ", and for Ten
Dollars ($10.00) and other good and valuable consideration in hand paid by Auburn Trace to the
School Board, the adequacy and receipt of which are hereby acknowledged, School Board hereby
grants, bargains and conveys to Auburn Trace a non-exclusive drainage easement, for the purposes
described in this Agreement, in, over, across, on, under and through the real property located in Palm
Beach County, Florida described in Exhibit "B" attached hereto and incorporated herein by reference
and hereinafter referred to as "Easement Parcel Two", hereinafter referred to as "Easement Parcel
Two". Auburn Trace and School Board agree as follows:
1. Definitions:
a. "School Board" shall mean School Board of Palm Beach County, Florida.
School Board presently owns the School Board Property.
b. "Auburn Trace" shall mean Auburn Trace, Ltd., a Florida Limited
Partnership. Auburn Trace presently owns Tract A and Tract B.
c. "Tract A Owner" shall mean the record owner of Tract A, as of the date of
Page 1 of 11
the execution ofthis Easement Agreement and any successor or assign of the
owner of Tract A as a result of transfer or conveyance of Tract A by Auburn
Trace, or Auburn Trace's successors and assigns.
d. "Tract B Owner" shall mean the record owner of Tract B, as of the date of the
execution of this Easement Agreement and any successor or assign of the
owner of Tract B as a result of a transfer or conveyance of Tract B by Auburn
Trace, or Auburn Trace's successors and assigns.
e. "Easement Parcel One" means the real property described in Exhibit "A"
which is attached hereto and made a part hereof. However, if on the date this
Cross Easement Agreement is executed the exact legal description of
Easement Parcel One is not known, Exhibit "A" shall consist of Sheet C-3.1
of Flynn Engineering services, P.A. Job No. 99-6400.2, dated September 29,
2005 (also referenced as Exhibit "E") which describes the general physical
location of Easement Parcel One. Subsequent to the execution of this
Agreement, Easement Parcel One shall be surveyed by a Florida Licensed
Surveyor and the legal description provided by the Florida Licensed Surveyor
shall be attached as a substitute Exhibit "A" to this Agreement.
f. "Easement Parcel Two" means the real property described in Exhibit "B"
which is attached hereto and made a part hereof. However, if on the date this
Cross Easement Agreement is executed the exact legal description of
Easement Parcel Two is not known, Exhibit "B" shall consist of the sketch of
the physical location of Easement Parcel Two. Subsequent to the execution
of this Agreement, Easement Parcel Two shall be surveyed by a Florida
Licensed Surveyor and the legal description provided by the Florida Licensed
Surveyor shall be attached as a substitute Exhibit "B"to this Agreement.
g. "School Board Property" means the real property described in Exhibit "C"
which is attached hereto and made a part hereof.
h. "Tract A" means Tract A of Auburn Trace, according to the Plat thereof,
recorded in Plat Book 64, Page 184-186, of the Public Records of Palm
Beach County, Florida.
1. "Tract B" means Tract B of Auburn Trace, according to the Plat thereof,
recorded in Plat Book 64, Page 184-186, of the Public Records of Palm
Beach County, Florida, on which Easement Parcel One is located.
J. "South Florida Water Management District Permit" means the Surface Water
Maintenance Permit No. , issued by the South Florida Water
Management District for the surface water management of the School Board
Property, Tract A and Tract B, a copy of which is attached hereto as Exhibit
"D" and incorporated by reference herein. In the event the South Florida
Water Management District Permit has not been issued as of the date of the
execution of this Agreement, Exhibit "D" shall consist of the SFWMD
Permit Application which is jointly signed by Tract Owner A, the School
Board, and the City of Delray Beach. When the Permit is issued, it shall be
attached as a substitute Exhibit "D"to this Agreement.
Page 2 of 11
k. "SFWMD" means the South Florida Water Management District.
1. "Surface Water Management System" is the system for surface water
drainage described in the SFWMD Permit.
m. "Maintenance" includes the requirement to allow the proper and efficient
flow of surface water through the surface water system within Easement
Parcel One and Easement Parcel Two and to perform the necessary
maintenance to allow access and proper operation of the surface water
management system within said Easement Parcels.
n. "Easement Agreement" or "Agreement" mean this Easement Agreement.
2. This Easement Agreement is given for the purpose of allowing surface water to drain
from the School Board Property, Tract A and Tract B into Easement Parcel One and to be stored in
the retention ponds within Easement Parcel One, for the School Board to construct an underground
culvert from the School Board Property onto Easement Parcel One that permits the drainage of storm
water from the School Board Property to the retention ponds within Easement Parcel One, for the
School Board to construct all necessary improvements on Easement Parcel One to comply with the
conditions and requirements contained in the SFWMD Permit, for Tract A Owner to drain surface
water into Easement Parcel One through existing underground pipes and conduits, for the Tract A
Owner to utilize water in the Easement Parcel One retention ponds for irrigation oflandscaped areas
located on Tract A and for Tract A Owner and Tract B Owner to drain outflow surface water from
Easement Parcel One through Easement Parcel Two and ultimately into the City of Delray Beach's
surface water drainage system.
3. The term of this Agreement shall be perpetual.
4. School Board at its sole cost and expense, shall construct all of the drainage facilities
and improvements required for the issuance of the South Florida Water Management
District Permit on Easement Parcel One and Easement Parcel Two as shown on
Exhibit "E"which is attached hereto and made a part hereof (Sheet C-3.1), and any
other improvements deemed necessary or proper by the South Florida Water
Management District Permit. School Board shall construct the improvements
necessary for the issuance of the South Florida Water Management District Permit in
a good and workmanlike manner, and in accordance with all applicable laws, rules,
statutes, ordinances, and regulations. School Board warrants that the facilities,
equipment and improvements it constructs shall be free from defects or negligent
construction in labor, materials and services for a period of one (1) year afer all of the
construction has been completed. School Board shall repair or replace, at its cost and
expense, any defective or negligent labor, services and material, within a reasonable
time after written notice is delivered to it by Tract B Owner.
5. After initial construction of the facilities and improvements required by the South
Florida Water Management District Permit by the School Board, and except as
Page 3 of 11
otherwise provided in this Agreement, Tract B Owner hereby shall and does accept
responsibility for the operation and maintenance, repair and replacement of the
surface water management system described in the South Florida Water Management
District Permit to the extent the facilities and improvements are located on Easement
Parcel One. Tract B Owner shall have the responsibility to maintain, repair and
replace such facilities and improvements at its cost and expense to comply with the
SFWMD Permit to maintain a free flowing, unobstructed drainage system.
6. After initial construction of the facilities and improvements required by the South
Florida Water Management District Permit by the School Board, and except as
otherwise provided in this Agreement, School Board hereby shall and does accept
responsibility for the operation and maintenance, repair and replacement of the
surface water management system described in the South Florida Water Management
District Permit to the extent the facilities and improvements are located on Easement
Parcel Two. School Board shall have the responsibility to maintain, repair and
replace such facilities and improvements at its cost and expense to comply with the
SFWMD Permit to maintain a free flowing, unobstructed drainage system.
7. After initial construction of the facilities and improvements required by the South
Florida Water Management District Permit by the School Board, and except as
otherwise provided in this Agreement, Tract A Owner hereby shall and does accept
responsibility for the operation and maintenance, repair and replacement of the
surface water management system described in the South Florida Water Management
District Permit to the extent the facilities and improvements are located on Tract A.
Tract A Owner shall have the responsibility to maintain, repair and replace such
facilities and improvements at its cost and expense to comply with the SFWMD
Permit to maintain a free flowing, unobstructed drainage system.
8. Tract A Owner, Tract B Owner and School Board shall not modifY the surface water
management system without first obtaining approval of the South Florida Water
Management District.
9. Tract A Owner, Tract B Owner and School Board shall not violate any of the
conditions, terms or covenants described in the South Florida Water Management
District Permit.
10. The easements granted in this Agreement are non-exclusive.
II. In the event any material provision contained in the South Florida Water
Management District Permit is violated, the South Florida Water Management
District shall have the right to take enforcement action, including a civil action for an
injunction and penalties, against the party who has violated the Permit provision to
Page 4 of 11
compel such party to correct any outstanding violations.
12. Tract A Owner, Tract B Owner, and School Board shall have reasonable ingress and
egress to, from, by, through, under and across Easement Parcel One and Easement
Parcel Two to construct and thereafter maintain, repair and replace the drainage
facilities and improvements required by the South Florida Water Management
District Permit in accordance with their respective responsibilities described in this
Agreement.
13. Tract A Owner, at its sole costs and expense, shall maintain, repair and replace the
drainage equipment, improvements, pipes, conduits, and other facilities located on
Tract A which serve the purpose of draining surface water from Tract A to Easement
Parcel One.
14. Should Tract A Owner fail to construct, repair or maintain the portion of the surface
water management system located on Tract A for which it is responsible so that water
will not flow in an efficient manner or in a manner in violation ofthe South Florida
Water Management District Permit, the School Board or Tract B Owner, after not
less than seven (7) days written notice to Tract A Owner to cure the default, may, but
it is not obligated to, enter onto any Easement Parcel or Tract A to perform all
necessary construction, repair, maintenance and operating work and may assess Tract
A Owner for the cost of said work. The assessment shall be lien against all of Tract
A. Such lien may be foreclosed in the same manner as mortgage and in accordance
with law. Such costs shall also be the personal obligation of Tract A Owner at the
time the costs are incurred, and may be collected accordingly.
Should School Board fail to construct, repair or maintain the portion of the surface
water management system located on School Board Property for which it is
responsible so that water will not flow in an efficient manner or in a manner in
violation of the South Florida Water Management District Permit, Tract A Owner or
Tract B Owner, after not less than seven (7) days written notice to School Board to
cure the default, may, but it is not obligated to, enter onto any Easement Parcel to
perform all necessary construction, repair, maintenance and operating work and may
assess School Board for the cost of said work.
Should Tract B Owner fail to construct, repair or maintain the portion of the surface
water management system located on Tract B for which it is responsible so that water
will not flow in an efficient manner or in a manner in violation of the South Florida
Water Management District Permit, the School Board or Tract A Owner, after not
less than seven (7) days written notice to Tract B Owner to cure the default, may, but
it is not obligated to, enter onto any Easement Parcel to perform all necessary
construction, repair, maintenance and operating work and may assess Tract B Owner
for the cost of said work.
Page 5 of 11
15. The School Board and Tract A Owner shall indemnifY and save hannless Tract B
Owner from any and all suits, actions, claims, judgments, obligations, or liabilities of
every nature and description which arise from School Board's or Tract A Owner's
use, respectively, of Easement Parcel One, or to the construction, installation,
maintenance, repair or replacement of the surface water management drainage
facilities, equipment, and improvements for which School Board or Tract A Owner is
responsible, respectively. The School Board's indemnification obligations shall be
limited to the extent and limits provided in Florida Statutes 9 768.28, and this
indemnification obligation shall not be construed as a waiver of any right or defense
that the School Board has under said Statute.
16. Tract A Owner and Tract B Owner shall indemnify and save hannless the School
Board from any and all suits, actions, claims,judgments, obligations, or liabilities of
every nature and description which arise from the use by Tract A Owner or Tract B
Owner of Easement Parcel Two, respectively, or the construction, installation,
maintenance, repair or replacement of the surface water management drainage
facilities, equipment, and improvements for which Tract A Owner or Tract B Owner
is responsible, respectively. In the event Tract B is owned by the City of Delray
Beach, the City of Del ray Beach's indemnification obligations shall be limited to the
extent and limits provided in Florida Statutes 9 768.28, and this indemnification
obligation shall not be construed as a waiver of any right or defense that the City of
Delray Beach has under said Statute.
17. Tract A Owner shall be entitled to utilize the surface water which drains into the
retention ponds located in Easement Parcel One for irrigation oflandscaped areas on
Tract A. Tract A Owner shall maintain, repair and replace at its expense the pump
station, irrigation pipes, and any other equipment of facilities which relate to the
irrigation of landscaped areas on Tract A but which are located in Easement Parcel
One. Notwithstanding anything to the contrary contained in this Agreement, in no
event shall more than cubic feet of surface water per to drain from
Tract A into Easement Parcel One (which is an amount equal to or less than the
amount of surface water which is presently drained from Tract A into Easement
Parcel One), and in no event shall Tract A Owner utilize more than cubic feet
of water per from the retention ponds located on Easement Parcel
One for irrigation of Tract A ( which amount is equal to or less than the amount of
water Tract A Owner presently utilizes to irrigate landscaped areas on Tract A).
Tract A Owner shall have no right to place any additional pipes, conduit, pumps,
facilities, equipment or improvements on, over, under or through Easement Parcel
One than presently exist on Easement Parcel One as shown on the Survey prepared
by Avirom & Associates, Inc., Job No. 7893, updated on January 13, 2006 which is
attached hereto and made a part hereof as Exhibit "F", except in the event there are
Page 6 of 11
technological advances or changes in the manner in which water from the retention
ponds located on Easement Parcel One are pumped to Tract A, in which event Tract
A Owner shall have the right to replace the equipment facilities and improvements
which presently exist in Easement Parcel One for irrigation of Tract A with such
other technologically advanced equipment, pipes, improvements or conduit provided
the location of such additional pipe, equipment, improvements and conduit is
within three (3) feet of their present location (provided further that such placement is
in conformance with the SFWMD Permit.)
18. Tract B. Owner shall pay before delinquency all taxes and assessments levied against
Tract B.
19. The School Board shall not charge Tract A Owner or Tract B Owner for the use of
Easement Parcel Two and Tract B Owner shall not charge the School Board or Tract
A Owner for the use of Easement Parcel One. Easement Parcel One is an easement
appurtenant to the School Board Property and Tract A, and is intended to benefit such
properties and shall run in favor of the School Board and Tract A, and shall be
binding upon Tract B Owner's interest in Easement Parcel One and its successors
with Tract B being the serviant estate. Easement Parcel Two is an easement
appurtenant to Tract B and Tract A and is intended to benefit such properties and
shall run in favor of Tract A Owner and Tract B Owner, respectively, and their
successors and assigns and shall be binding upon the School Board, and its successor
and assigns, with the School Board's interest in Easement Parcel Two being the
serviant estate.
20. This Easement Agreement is a covenant running with the land and shall be binding
upon and shall inure to the benefit of the heirs, legal personal representatives,
successors and assigns of the parties hereto, and shall bind all present and subsequent
owners of Tract A, Tract B, and the School Board Property.
21. Tract A Owner shall procure and maintain liability insurance protecting Tract B
Owner and School Board with respect to Tract A Owner's use of Easement Parcel
One and Easement Parcel Two, respectively, whereby injury or death is covered to
the extent of $1,000,000.00/$1,000,000.00, and Tract B Owner and School Board
shall be named as additional insureds and loss payees in Tract A Owner's policy.
Tract A Owner shall pay premiums and shall deliver proof of insurance to Tract B
Owner and School Board on an annual basis. School Board shall only use properly
licensed Florida contractors who have adequate workers' compensation and liability
insurance coverage for purposes of carrying on any of its responsibilities under this
Agreement with respect to Easement Parcel One or Tract A. In the event the City of
Delray Beach is the Owner of Tract B, it shall only use properly licensed Florida
contractors who have adequate workers' compensation and liability insurance
coverage for purposes of carrying on any of its responsibilities under this Agreement
Page 7 of 11
with respect to Easement Parcel Two or Tract A.
22. All work performed in Easement Parcel One shall be performed only by properly
licensed Florida or Palm Beach County contractors and in compliance with all
applicable building codes and zoning ordinances and the contractor's performing the
work shall be reasonably insured and without cost to Tract B Owner, insured for any
claim arising out of the work and that Tract B Owner will be indemnified and held
harmless for any claims that may arise out of the work.
23. This Agreement only contemplates the drainage of surface water from Tract A, Tract
B, and the School Board Property into Easement Parcel One resulting from natural
rainwater and no use of Easement Parcel One shall be made for drainage of sewage,
industrial waste, or any hazardous materials.
24. School Board warrants that it is seized ofthe School Board Property and has the right
to convey Easement Parcel Two, that there are no encumbrances other than the
existing Ground Lease and the School Board's Certificates of Participation; and that
Tract A Owner and Tract B Owner shall have quiet enjoyment.
25. Tract B Owner warrants that it is seized of Tract B and has the right to convey
Easement Parcel One, that there are no encumbrances other than mortgages of record;
and that the School Board and Tract A Owner shall have quiet enjoyment. Tract A
Owner warrants that it is seized of Tract A and has the authority to execute this
Agreement without the consent or joinder of any third person or entity.
26. All notices under this Agreement shall be mailed to the parties at the
following respective addresses:
School Board of Palm Beach County, Florida
Chief of Facilities Management
3318 Forest Hill Boulevard, C-214
West Palm Beach, Florida 33406
Auburn Trace, Ltd., a Florida limited partnership
63 Kendrick Street
Needham, Massachusetts 02494-7208
All notices, consents or other instruments or communications provided for
under this Agreement shall be in writing, signed by the party giving the same,
and shall be deemed properly given and received (a) when actually delivered
and received personally, by messenger service, or by fax or telecopy
delivery; (b) on the next business day after deposited to delivery in an
Page 8 of 11
overnight courier service such as Federal Express; of ( c) three (3) business
days after deposit in the United States mail, by registered or certified mail
with return receipt requested. All notices or other instruments shall be
transmitted with delivery or postage charges prepaid, addressed to the parties at the
address above for the party( s) or to such other address as such party( s) may
designated by written notice to the other party (s).
27. In connection with any litigation, arbitration, or dispute ansmg out of this
Agreement, each party shall bear its own attorneys' fees and costs.
28. Any party's waiver of any condition or provision of this Agreement shall not be
construed as a waiver of any other application of that same condition or provision,
nor as a waiver of any other condition or provision herein.
29. This Agreement shall be construed and interpreted in accordance with Florida law
and shall not be more strictly construed against one party than against the other by
virtue of the fact that it may have been physically prepared by one party or by its
attorneys, all parties (and their respective attorneys, where applicable) having
participated in the negotiation of this Agreement.
30. In the event any term or provision of this Agreement is determined by appropriate
judicial authority to be illegal or otherwise invalid, such provision shall be given its
nearest legal meaning, or be construed as deleted as such authority determines, and
the remainder ofthis Agreement shall be construed to be in full force and effect.
31. The Parties agree to execute all future instruments and take all further action that may
be reasonably required by any party to fully effectuate the terms and provisions of
this Agreement and the transactions contemplated herein.
32. This Agreement supersedes any and all understandings and agreements between the
Parties hereto whether oral or written, and this Agreement represents the entire
agreement between the parties hereto with respect to the subject matter hereof. No
representations or inducements made prior hereto which are not included and
embodied in this Agreement shall be of any force and effect. This Agreement may be
amended, altered or modified only by a written agreement executed by the parties.
33. Any dispute relating to this Agreement shall only be filed in a court of competent
jurisdiction in Palm Beach County, Florida, and each of the parties to this Agreement
submits itself to the jurisdiction of such court.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hand and seals on this
day of
Page 9 of 11
Witness
Print name of witness
AUBURN TRACE, LTD., a Florida Limited
Partnership
Print name of witness
By:
Thomas Hinners, General Partner,
Date:
Witness
Print name of witness
Witness
THE SCHOOL BOARD OF PALM BEACH
COUNTY, FLORIDA
Print name of witness
By:
Thomas E. Lynch, Chairman
Date:
ATTEST:
BY:
Arthur C. Johnson, Ph.D. Superintendent
REVIEWED AND APPROVED AS TO
LEGAL FORM
Board Approval Date:
School Board Attorney
Date:
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this _ day of
2006, by Thomas Hinners, General Partner of Auburn Trace, Ltd., a
Florida Limited Liability Partnership, who
(please check one)
is (are) personally known to me OR
has (have) produced as
identification and he/she/they
(please check one)
Page 10 of II
did take an oath
x did not take an oath.
My Commission Expires:
Notary Public
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this _ day of
, 2006 by Thomas E. Lynch the Chairman of The School Board of Palm
Beach County, Florida, who
(please check one)
is (are) personally known to me OR
has (have) produced as
identification and he/she/they
(please check one)
did take an oath
x did not take an oath.
My Commission Expires:
Notary Public
Page 11 of 11
Oct. 18. 2005 2: 30PM FLYNN ENGINEERING SERVICES
No. 3360 P. 2
Fotl'll08n
.....
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FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTIONI
WATER MANAGEMENT DISTRICTSI
U.S. ARMY CORPS OF ENGINEERS
JOINT APPLICATION FOR
-
ENVIRONMENTAL RESOURCE PERMIT/
AUTHORIZATION TO USE
STATE OWNED SUBMERGED LANDS/
FEDERAL DREDGE AND FILL PERMIT
1
OCT 18,2005 15:13
954 522 7630
Page 2
Exhibit A
Oct. lB. 2005 2:30PM
FLYNN ENGINEERING SERVICES
No. 3360
;,\;,:.:/;,,1 .- :I>
~qQ"Appr .
.03tif".an Iicatl
',".'AA:fi';;"-P .
~:.Eto,.f,osed Pro
j~.~:)~rl: :. .
~~~f?,p05e.d ,
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P. 3
SECTION A
Are any of the activities described in this application proposed to occur in. on. or over wetlands or other surface waters?
Dyes ~ no
Is this application being filed by or on behalf of a government entity or drainage district?
15<1 ves 'n no
A. Type of Environmental Resource Permit Requested (check at least one)
o Noticed General - include information requested in Section B.
o Standard General (Single Family Dwelling)-include information requested in Sections C and D.
Illl Standard General (all other projects) . include information requested in Sections C and E.
o Individual (Singie Family Dwelling) - include information requested in Sections C and D.
o Individual (ali other projects) - include infDrmatiDn requested in Sections C and E.
o Conceptual - include information requested in SectiDns C and E.
o Mitigation Bank Permit (construction) -Include information requested in Section C and F.
( If the proposed mitigation blink involves the construction of a surface water management system
requiring another permit defined above, check the appropriate box and submit the Information
requested by the applicable section. )
o Mitigation Bank (conceptual) - include Information requested In Section C and F.
B. Type of activity for which you are lIpplying (check at least Dne)
o Construction cr operation of a new system including dredging or filling in, on or over wetlands and
other surface waters.
181 Alteration or operation of an existing system which was not previously permitted by a WMD or
DEP.
o Modification Df a system previously permitted by a WMD or DEP. Provide previous perm~
numbers.
181 Alteration of a system 0 Extension of permit duration 0 Abandonment of a system
o Construction of additional phases of a system 0 Removal of a system
C. Are you requesting authoriZation to use State Owned Lands. 0 yes ~ no
(If yes Include the information requested in Section G.)
D. For activities In, on or over"wetiands or other surface waters. check type of federal dredge
and fili permit requested:
o Individual 0 Programmatic General
.0 General 0 NatlDnwlde 18I Not Applicable
E. Are you claiming to qualify for an exemption? Dyes ~ no
]f yes provide rule number if knowo._
OCT 18.2005 15:13
954 522 7630
-
Page 3
Oct. 18. 2005 2:31PM
FLYNN ENGINEERING SERVICES
No. 3360
OWNER(S) OF LANa I!NTITY TO RECI!IVE PERMIT (IF OTHER THAN OWNER)
NAME School DIGtrlct of Palm Beach Count NAME
ADDRESS 3300 Forest Hili Boulevard, <:-331 ADDRESS
CITY. STATE. ZIP West Palm Beach. FU3406 CITY. STATE. ZIP
COMPANY ANa TITLE COMPANY AND TITLE
TELEPHONE (661 ) 434-8884 TELEPHONE ( )
FAX (861 ) 434-eSS4 FAX ( )
AGENT AUTIlORIZED TO SECURE PERMIT (IF AN CONSULTANT (IF DIFFERENT FROM AGENT)
AGENT IS USED)
NAMe NAME Keith Mote
COMPANY AND TIT1-E COMPANY AND Tm.E Flynn Engineering Services
ADDRESS ADDRESS 151: E. aroward Blvd., Suite 100A
CITY, STATE, ZIP CITY. STATE. ZlP FL !.euder<lalo, FI. 33301
~~;HON~ ( ) TELEPH~~E (954) 622-1004
FAX (964 522.7630
Name of project, Including phase if applicable ViIlaqe Academv Middle I H1Qh School
Is this application for part of a multi-phase project? 0 yes [21 no
Tolal applicant-owned area contiguous to the project 1tll ac
Tolal project area for Which a permit is sought 54.1 a ac
ImperviOUS area for which a permit IS sought 24.42 ac
What is the tolal area (metric equivalent for federally funded projects) of work in, on, Dr Dver wetlands
or other surface waters?
_acres _ square feet _ hectares _ square meters
Number of new boat slips prDposed. nla
Project location (use additional sheets, if needed)
County(ies) Palm Beach
Sectlon(s) ~ Township 46 South Range 43 East
Section(s) _ Township _ Range _
Land Grant name, if applicable _
Tax Parcel Identification Number _
Street address, road, or other location _
City, Zip Code if applicable Olllrav Beach. Florlda
2
OCT 18,2005 15:14
954 522 7630
P. 4
Page 4
Oct. 18. 2005 2:31PM
FLYNN ENGINEERING SERVICES
No. 3)60
Describe in general terms the proposed projed. system, or activity. The purpose of this permit
package Is to construct a new Village Academy Middle I High School Building within an existing
permitted dry detention pond. TD compensate for the loss of the dry detention area, we are
proposing to re-rDute the Village Academy drainage south offsite to an existing dry retention area
that Is proposed tD be excavated intD a lake. The additional storage created by the new lake will
serve an existing multi-family (Aubum Trace) site, a future City of Delray Beach (Head Start Facility).
and the Village Academy I Full Service site.
If there have been any pre-application meetings, Including at the project site, with regulatory staff,
please list the date(s), location(s). and names of key staff and project representatives.
Please identify by number any MSSWIWetland resourcelERPIACOE Permits pending, Issued or
denied for projects at the location, and any relatad enforcement actions.
Agency
SFWMD
Date
7-6-00
No.IType of Application
50-04807 -p
Action Taken
Note'The followino infDrmation is recuired onlv for arolecls aroaDsed to occur in.an or over wetlands
that need a federal dredce and fill oerm~ andlor authorizetion to use slate owned submeraed lands
and is not necessarY when aDalvina solelv for an Environmental Resource Permit. Please provide the
names, addresses and zip codes of property owners whose prDperty directly adjoins the project
(excluding applicant). Plsase attach a plan view showing the owne~s names and adjoining property
lines. Attach additional sheets If necessary.
1. 2.
3.
4.
3
OCT 18.2005 15:14
954 522 7630
1. ~
-
Page 5
Oct. 18. 2005 2,31PM
FLYNN ENGINEERING SERVICES
No. 3360
p, 6
, By signing this appiiCation form, I am applying, or I am applying on behalf of the applican~ for the permit and any
proprietary authorizations identified above, according to the supporting data and -other incidental information flied with this
appllcatiDn. I am familiar with the information contained In this application and represent that such information is true,
complete and accurate. I understand this Is an application and not a permit, and that work prior to approval is a viclation. I
understand that this application and any permit issued or proprietary authorization issued pursuant thereto. does not
relieve me of any obligation for Dbtalning any other required federal, state, water management district or local permit prior
tD commencement of construction. I agree, or I agree on beha~ of my corporation. to operate and maintain the permitted
system unless the permitting agency authorizes transfer of the permit to a responsible operation entity. I understand that
knDwlngly making any false statement Dr representation in this application is a violation of SectiDn 373.430, F.S. and 18
U.S.C. Section 1001.
Sig natu
Assistant .)irector
(Corporate Title if applicable)
AN AGENT MAY SIGN ABOVE ONLY IF THE APPLICANT COMPLETES THE fOLLOWING:
Date
I hereby designate and authorize the agent listed above to act on my behalf, or on behalf of my corporation, as the agent
In the processing Df this application for the permit andlor proprietary authorization Indicated abDve; and to fumish, on
reques~ supplemental infDrmation in support cf the application. In addition, I authorize the above-listed agent to bind me,
or my corporation, to perform any requirement which may be necessary to procure the permit or authorization indicated
above. I understand that knowingly making any faise statement or representation In this application is a violation of
SectiDn 373.430, F.B. and 18 U.S.C. Section 1001.
Typed/Printed Name of Applicant
-
Date
Signature of Applicant/Agent
(Corporate Title if applicable)
tl'lllillllk. nntR""ThA '5n",II~.nt'. nrinlmlll tIl.'n"ahll"ll 'rVlt a l'!t'IllW\ IR l'IIc:ndrAtf AMVilII
PERSON AUTHORIZING ACCESS TO THE PROPERTY MUST COMPLETE THE FOLLOWING:
I either own the property described in this application or I have legal authority to allow access to the property, and I
consent, after receiving prior notification, to any site visit on the property by agents or pe~onnel from the Department of
Environmental Protection, the Water Management District and the U.S. Army Corps of Engineers necessary for the review
and inspection of the proposed project specified In this application. I authorize these agents or pe~onneJ to enter the
property as many times as may be necessary to make such review and inspection. Further, I agree to prDvide entry to the
project site for such agents or personnel to mDnitDr permitted work if a permit is granted.
ledfPrinWd Name of ~ ______
19 1.,t~< .
WarrenHaan
_Assistant~'irector
(Corporate Title if appficaofe)
~/~6-
/ Date
4
OCT 18.2005 15:15
954 522 7630
Page 6
Oct. 18. 2005 2:31PM
FLYNN ENGiNEERING SERVICES
No. 3JOU ~. I
SECTION C
Environmental Resource Permit Notice of Receipt of Application
This information Is required in addition to that required in other sections of the application. Please submit five
copies of this notice of receipt of application and all attachments with the other required information. PLEASE
SUBMIT ALL INFORMATION ON PAPER NO LARGER THAN 2' x 3'.
Project Name: Villaae Academy Middle I High School
county: Palm Beach
Owner: School District of Palm Beach County
Applicant: School District of Palm Beach County
Applicant's Address: 3300 Forest Hill Blvd.. C-331. West Palm Beach, FL, 33406
1. Indicate the project boundaries on a USGS quadrangle map. Attach a location map showing the boundary
of the proposed activity. The map should also contain a north arrDW and a graphic scale; show Section(s},
Township(s}, and Range(s}; and must be of sufficient detail to allow a person unfamiliar with the stte to find
it.
2. Provide the names of all wetlands, or other surface waters that would be dredged, filled, impounded,
diverted, drained, or would receive discharge (either directly or indirectly), or would otherwise be impacted
by the proposed activity, and specify If they are In an Outstanding Florida Water or AquatiC Preserve:
3. Attach a depiction (plan and section views), which clearly shows the works or other facilities proposed to be
constructed. Use multiple sheets, if necessary. Use a scale sufficient to show the location and type of
works. .
4. Briefly describe the proposed project (such as "construct a deck with boatshelter", "replace two existing -
culverts", "construct surface water management system to serve 150 acre residential development"):
5. Specify the acreage of wetlands or other surface waters, if any, that are proposed to be disturbed, filled,
excavated, or otherwise impacted by the proposed activity:
6. Provide a brief statement describing any proposed mitigation for Impacts to wetlands and other surface
waters (attach additional sheets if necessary):
OCT 18,2005 15:15
954 522 7630
Page 7
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Exhibit B
VILLAGE ACADEMY
The East half(E 1/2) of Lot Seventeen (17), of the Subdivision of Section 20, Township
46 South, Range 43 East, as recorded in Plat Book I, Page 4, of the Public Records of
Palm Beach County, Florida, Less and Except the East 25 feet and the West 30 feet
thereof.
AND
The South half(S 1/2) of the Southeast Quarter (SE 1/4) of the Southwest Quarter (SW 1/4) of
the Southwest Quarter (SW 1/4) of Section 17, Township 46 South, Range 43 East; Less and
Except the East 25 feet and the West 30 feet thereof.
AND
The North half(N 1/2) of the Southeast Quarter (SE 1/4) ofthe Southwest Quarter (SW 1/4) of
the Southwest Quarter (SW 1/4) of Section 17, Township 46 South, Range 43 East; Less and
Except the North 25 feet, the East 25 feet and the West 30 feet thereof.
Said lands situate within the City of Delray Beach, Palm Beach County, Florida.
Exhibit C
Oct. 18. 2005 2:30PM FLYNN ENGINEERING SERVICES
No, 3360 p, 2
FormOln
..,..
ujjrJ '
<).J
\j jYJ1;
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTIONI
WATER MANAGEMENT DISTRICTSI
u.s. ARMY CORPS OF ENGINEERS
JOINT APPLICATION FOR
-
ENVIRONMENTAL RESOURCE PERMIT/
AUTHORIZATION TO USE
STATE OWNED SUBMERGED LANDS/
FEDERAL DREDGE AND FILL PERMIT
OCT 18,2005 15:13
954 522 7630
Page 2
Exhibit D
Oct. 18. 2005 2: 30PM
FLYNN ENGINEERING SERVICES
No. 3360
P. 3
. , , .. '
.,.~.i,i_:tt.:.. .
8.C91O Appn
,,~;~~f~pll
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SECTION A
Are any of the activities described in this application proposed to occur in, on. or over wetlands or other surface waters?
Dyes ~no
Is this application being filed by or Dn behalf of a government entity or drainage district?
es no
A. Type of Environmental Resource Permit Requested (check at least one)
o Noticed General -Include Information requested In Section B.
o Standard General (Single Family Dweiling)-include informatiDn requested in Sections C and D.
IilI Standard General (all other projects) . include information requested in SectiDns C and E.
o Individual (Singie Family Dwelling) - include Information requested in Sections C and D.
o Individual (ali other projects) - include InformatiDn requested in Sections C and E.
o Conceptual - include information requested in SectiDns C and E.
o Mitigation Bank Permit (construction) -Include information requested in Section C and F.
( If the proposed mitigaticn bank involves the constructiDn of a surface water management system
requiring another permit defined above, check the apprDpMate box and submit the informatiDn
requested by the applicable section. )
o Mitigation Bank (conceptual) - include information requested in Section C and F.
B. Type of activity for which you are applying (check at least one)
o Construction or operation of a new system including dredging or filling in, on or over wetlands and
Dther surface waters.
jgI Alteration or operation of an existing system which was not previously permitted by a WMD or
DE?
o Modification Df a system previously permitted by a WMD or DEP. Provide previous perm~
numbers.
[81 'Aiier3tion of a system 0 Extension cf permit duration 0 Abandonment of a system
o CDnstruction of additlDnal phases of a system 0 Removal Df a system
~
C. Are you requesting authorization to use State Owned Lands. 0 yes ~ no
(If yes include the information requested in Section G.)
D. For activities in, on cr Dve(wetJands or other surface waters, check type of federal dredge
and fili permit requested:
o Indlviduel 0 Programmatic General
.0 General 0 Nationwide 18I Not Applicable
E. Are you claiming tD qualify for an exemption? Dyes ~ no
Jf yes provide rule number If known._
OCT 18.2005 15:13
954 522 7630
Page 3
Oct. 18, 2005 2:31PM
FLYNN ENGINEERING SERViCES
No. 3360
OWNER(S) OF LAND ENTITY TO RECEIVE pERMIT (IF OTHER THAN OWNER)
NAME School DIstrict of Palm Baa.ch Count NAME
ADDRESS 3300 For... Hili Bouleverd, 0.331 ADDRESS
CITY, STATE, ZIP W... Palm Beach, FL 33406 CITY. STATE. ZIP
COMPANY ANO TITLE COMPANY AND TITLE
TELEPIlONE (661) '\3"-8884 TELEPHONE ( )
FAA (661 ) 434-8BB4 FAX ( )
AGENT AUTIlORIZED TO SECURE PERMIT (IF AN CONSULTANT (IF DIFFERENT FROM AGENT)
AGENT IS USED)
NAME NAME Keith Mote
COMPANY AND TITLE COMPANY AND TITLE Flynn Engln..ring Sorvlc..
AODRESS ADDRESS 151Z E. Braward Blvd., Suite 100A
CITY. STATE, ZIP CITY. STATE. ZIP Ft. Lauderdale. FI. 33301
;~iIlON~ ( ) TELEPHO,~E (854) 5Zz,,1004
FAX 1984 sn.7630
Name of project, including phase If applicable VillaQe Academy Middle I HiQh School
Is this application for part of a multi-phase project? 0 yes 121 no
Total applicant-owned area contiguous to the project .1!,ll ac
Total project area for which a permit is sought 54.13 ac
Impervious area for which a permit is sought 24.42 ac
What Is the total area (metric equivalent for federally funded projects) of work in, on. or Dver wetlands
or Dther surface waters?
_acres _ square feet _ hectares _ square meters
Number of new boat slips prDposed. nl!
Project location (use additional sheets, If needed)
County{ies) Palm Beach
Section(s) 20 Township 46 South Range 43 Eaat
Section(s) _ Township _ Range _
Land Grant name, if applicable _
Tax Parcel Identification Number _
Street address, road, Dr other location _
City, Zip Cede if applicable Delrav Beach. Florfda
2
OCT 18.2005 15:14
954 522 7630
P. 4
-
Page 4
Oct. IS. 2005 2:31PM
FLYNN ENGINEERiNG SERVICES
No. 3360
Describe in general terms the proposed project, system, or actiVity. The purpose of this permit
package is to construct a new Village Academy Middle I High School Building within an existing
permitted dry detention pond. To compensate for the loss of the dry detention area, we are
proposing to re-rDute the Village Academy drainage south offsite to an existing dry retention area
that Is proposed to be excavated into a lake. The additional storage created by the new lake will
serve an existing mUlti-family (AUbUrn Trace) site, a future City of Delray Beach (Head Start Facility),
and the Village Aeademy I Full Service site.
If there have been any pre-application meetings, Including at the project site, with regulatory staff.
please list the date(s), location(s). and names of key staff and project representatives.
Please identify by number any MSSWNVetland resourcelERPIACOE Permits pending, issued or
denied for projects at the location, and any related enforeament actions.
Agency
SFWMD
Date
7-6-00
No.\Type of Application
50-04807 -p
Action Taken
N~~:n;,e fOllowin~ information is rBOuired onlv for orolects orooDsed to occur in.Dn or over wetlands
lh ne d a fede I dredae and fill Derm~ and/or authorization to use state owned submeraed lands
and is not necessarv when aDolvino solelv for an Environmental Resource Permit. Please provide the
names, addresses and zip codes of property owners whose prDperty directly adjoins the project
(excluding applicant). Please attach a plan view showing the owne~s names and adjoining property.
lines. Attach additional sheets W necessary.
1. 2.
3.
4.
3
OCT 18,2005 15:14
954 522 7630
1. J
-
Page 5
Oct. 18. 2005 2:31PM
FLYNN ENGINEERING SERVICES
No. 3360
P. 6
. By signing this application form, I am applying, or I am applying on behalf of the applican~ for the permit and any
proprietary authorizations identified above, according to the supporting data and Qther Incidental information filed with this
application. I am familiar with the information contained in this application and represent that such information is true,
complete and accurate. I understand this Is an application and not a permit, and that work plior to approvallB a violation. I
understand that this application and any perm~ issued or proprietary authorization issued pursuant thereto. does not
relieve me of any obligation for obtaining any other required federal, state, water management district or local permit plior
to cDmmencement of construction. I agree, or I agree Dn behaif of my corporation. to operate and maintain the permitted
system unless the permitting agency autholizes transfer of the permit to a responsible operation entity. I understand that
knoWingly making any false statement Dr representation in this application is a violation of Section 373.430, F.S. and 18
U.S.C. Section 1001.
Signatu
Assistant .)irector
(Corporate Title if applicable)
AN AGENT MAY SIGN ABOVE ONLY IF THE APPLICANT COMPLETES THE FOLLOWING:
Date
I hereby designate and autholize tha agent listed above to act en my behalf, or on behalf of my corporation, as the agent
In the processing of this application for the permit and/or proprietary authorization indicated above; and to furnish, on
reques~ supplemental information in support of the application. In addition, I authorize the above-listed agent to bind me,
or my corporetion, to perform any requirement which may be necessary to procura the permit or authorization indicated
above. I understand that knowingly making any false statement or representation in this application is a violation of
Section 373.430, F.S. and 18 U.S.C. Section 1001.
TypedlPrinted Name of Applicant
-
Date
Signature of ApplicanllAgent
(Corporate Title if applicable)
E'lA:II... rtnb-. 1hl!>. ~nl"lll~.nt'Jt nn",l!'l-=-I <<'nnJlltll" ,"^... ttnnv\ .. ....ollirAd AMV.
PERSON AUTHORIZING ACCESS TO THE PROPERTY MUST COMPLETE THE FOLLOWING:
I either Dwn the property described in this application or I have legal authority to allow access to the property, and I
consent, efter receiving plior notification, to any site visit on the property by agents or personnel from the Department of
Environmental Protection, the Water Management District and the U.S. Army Corps of Engineers necessary for the review
and inspection of the proPOSed project specified in this application. I authorize these agents or personnel to enter the
property as many times as may be necessary to make such review and inspection. Further, I agree to provide entry to the
project site for such agents or personnel to monitDr permitted wcrl< if a permit is granted.
~dlPrinted Name Of~ ~
Ig l.,t~l'~ .
WarrenHaan
_Assistant~'ireet.or
(Corporate Title IT appfica6Te)
~/~(i-
( Dale
4
OCT 18.2005 15:15
954 522 7630
Page 6
Oct.18 2005 2:31PM
FLYNN ENGINEERING SERVICES
No. jjbU r. I
SECTION C
Environmental Resource Permit Notice of Receipt of Application
This information Is required in addition to that required in other sections of the application. Please submit fIVe
copies of this notice of receipt of application and alt attachments with the other required information. PLEASE
SUBMIT ALL INFORMATION ON PAPER NO LARGER THAN 2' x 3'.
Project Name: Village Academy Middle I Hlah School
county: Palm Beach
Owner: School District of Palm Beach County
Applicant: School District of Palm Beach County
Applicant's Address: 3300 Forest Hill Blvd" C-331 , West Palm Beach. FL, 33406
1. Indicate the project boundaries on a USGS quadrangle map. Attach a location map showing the boundary
of the proposed activity. The map should also contain a north arrow and a graphic scale; show Section(s},
Township(s}, and Range{s}; and must be of sufficient detail to allow a person unfamiliar with the stte 10 find
it.
2. Provide the names of all wetlands, or other surface waters that would be dredged, filled, impounded,
diverted, drained, Dr would receive discharge (either directly or indirectly), or would otherwise be impacted
by the proposed activity, and specify if they are in an Outstanding Florida Water or Aquatic Preserve:
3. Attach a depiction (plan and section views), which clearly shows the works or other facilities proposed to be
constructed. Use multiple sheets, if necessary. Use a scale sufficient to show the location and Iype of
works. '
4. Briefly describe the proposed project (such as "construct a deck with boatshelter", "replace two existing -
culverts", "construct surface water management system to serve 150 acre residential development"):
5. Specify the acreage of wetlands or other surface waters, if any, thaI are proposed to be disturbed, filled,
excavated, or otherwise impacted by the proposed activity:
6. Provide a brief statement describing any proposed mitigation for impacts to wetlands and other surface
waters (attach additional sheets if necessary):
OCT 18,2005 15:15
954 522 7630
Page 7
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rn'liil"'~ SURVEYING & MAPPING
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BOCA RATON. FLORIDA 33432
TEL. (5811 392-269-4. FAX (15811 394-7126
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p,.Jr~..~~/~i':fY~~IOA Exhibit F
DATil 0111/118/06 -_...~---
BY ........1<.
CK'O. M.DA.
F.B.....PG..... ------
_NO.711113
~
[ITY DF DElRAY BEA[H
CITY ATTORNEY'S OFFICE
'1111 NW 1st WloNIJI'.' DEI.RAY Ilb\CH. FI.ORIDAB444
lFI.LP1-l( l:\d-"\() 1/2-l-_,-7()()()' r.\CSI\lILE: .:'ih lInX-4755
DELRAY BEACH
~
All-America City
, , II J! DATE:
Write~s Direct Line: 561/243-7091
MEMORANDUM
January 31,2006
1993
2001
FROM:
City Commission
Davi~d~ Cit~anager
Brian Shutt, Assistant City Attorney
TO:
SUBJECT: CRA Clean and Safe Fundinq
Attached is a proposed agreement between the City and CRA for $312,000.00 to
fund a portion of the FY 05-06 Clean and Safe Program. Funding will cover the
cost of additional police officers, general maintenance workers, an electrician, and
a supervisor. Funding will also cover equipment purchases, landscape materials,
street light parts and other supplies.
Our office requests that this item be placed on the February 7, 2006 City
Commission agenda. Please call if you have any questions.
Attachment
cc: Chevelle Nubin, City Clerk
Robert Barcinski. Asst. City Manager
2L
INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND
THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY FOR
FUNDING OF THE CLEAN AND SAFE PROGRAM
THIS AGREEMENT is made this .;;t I..y.{
day Ot.:rjltM~ 2006
by and between the CITY OF DELRA Y BEACH, a Florida municipal corporation,
(hereinafter referred to as "CITY"), and the DELRAY BEACH COMMUNITY
REDEVELOPMENT AGENCY, (hereinafter referred to as the "CRA").
WITNESSETH:
WHEREAS, the CITY OF DELRAY BEACH has initiated a Clean and
Safe Program within the Downtown Development Authority District to enhance
the maintenance of physical improvements and security in the Downtown area;
and
WHEREAS, the DDA district exists within a portion of the CRA district;
and
WHEREAS, enhanced maintenance and security in the Clean and Safe
area supports the mission of the CRA and property values therein; and
WHEREAS, the CRA has agreed to support the program by funding a
portion of the cost of maintaining physical improvement and security in the clean
and safe district,
NOW, THEREFORE, in consideration of the mutual covenants and
promises herein contained, the parties hereby agree as follows:
1.
Recitations.
The recitations set forth above are hereby
incorporated herein.
2. Applicabilitv. The CRA hereby agrees to fund a portion of the
costs for maintenance and security in the Clean and Safe District which includes
the Downtown Development Authority District from A-1-A to 1-95. Funding can
be used to supplement personnel and fringe benefit costs, equipment costs,
supplies and material costs, repair parts and landscape materials. It is
understood that funding provided by the CRA cannot be used for funding of
vehicles.
3. Fundina and Future Fundina. The CRA agrees to fund Clean
and Safe program costs in the amount of three hundred twelve thousand dollars
($312,000.00) for fiscal year 2005-2006. Payments will be made on a quarterly
basis with October 1st as the commencement date for the first quarter. The
parties acknowledge that while it is the CRA's intention to continue to provide
funding for such maintenance and security in the future, the CRA shall be under
no obligation to provide funds thereafter and such action shall be solely
discretionary with its Board on an annual basis. Thereafter in the event the CRA
approves and budgets for the program in subsequent fiscal years, payments will
continue to be made on a quarterly basis.
4. Aareement to be Recorded. This Interlocal Agreement shall be
filed pursuant to the requirements of Section 163.01 (11) of the Florida Statutes.
5. Modifications. No prior or present agreements or representations
with regard to any subject matter contained within this Agreement shall be
binding on any party unless included expressly in this Agreement. Any
modification to this Agreement shall be in writing and executed by the parties.
6. Severability. The validity of any portion, article, paragraph,
provision, clause, or any portion thereof of this Agreement shall have no force
and effect upon the validity of any other part of portion hereof.
2
7. Governina Law. This Agreement shall be governed by and in
accordance with the Laws of Florida. The venue for any action arising from this
Agreement shall be in Palm Beach County, Florida.
8.
Assianment.
Neither the CITY nor the eRA shall assign or
transfer any rights or interest in this Agreement.
9. Effective Date. This Agreement shall not be valid until signed by
the Mayor and the City Clerk, and shall be effective through September 30, 2006
and thereafter on an annual basis, unless otherwise mutually terminated or
amended.
ATTEST:
CITY OF DELRAY BEACH, FLORIDA
By:
City Clerk
Jeff Perlman, Mayor
Approved as to Form:
City Attorney
A ST:~. ...~tAA :;MMU
Print Name:~ 11tN't- LawN N'/'(
STATE OF FLORIDA
COUNTY OF PALM BEACH
REDEVELOPMENT AGENCY
The foregoing instrument was acknowledged before me this ~ ~ day of
~ftl1t.(..k~ ' 2006, by rJ/L.'i,vIJA- 13. t'>P/r77'3crw[ - ,
as r !<fA-ilL jJ fit-S ~,..J (name of officer or agent, title of officer or agent), of
nrLtl"i~ t3fA<-H C -e. A (name of corporation acknowledging), a
rfLo m (state or place of incorporation) corporation, on behalf of the
corporation. He/She is personally known to m~ or has produced
(type of Identification) as identification.
II~'~ JEAN MOOREFIELD
"" V.... MY COMMISSION # DD44:'A56
"""t(Jff\."~ EXPIRES: June2~,2;;{)9
(0407) 388-0153 Florida Notary Servlc.....:'JITl
MEMORANDUM
TO:
FROM:
MAYOR AND CIlY COMMISSIONERS
CIlY MANAGER tfv1
AGENDA ITEM # ~ - REGULAR MEETING OF FEBRUARY 7. 2006
INTERLOCAL AGREEMENT/PALM BEACH COUNTY/GEOGRAPHIC
AND LAND INFORMATION
SUBJECT:
DATE:
FEBRUARY 3, 2006
lbis is before the Commission to approve the interlocal agreement between the City and Palm Beach
County for the exchange and update of geographic and land information. lbis agreement will update
the existing agreement and make it perpetually renewing. In addition, it removes references to the
rescinded GIS Information policy.
The agreement has been reviewed by the City Attorney's Office.
Recommend approval of the interlocal agreement with Palm Beach County for the exchange and
update of geographic and land information.
S:\City CIetk\agmw. memos\InterlocalAgmt.PaIm Beach County.GIS.0207.06
www.MvDelrayBeach.com
City Of Delray Beach
Department of Environmental Services
M E M 0 RAN
D
u
M
TO: David T. Harden
FROM: Randal L Krejcarek, P.E. ;?~
DATE: 31 Jan 2006
SUBJECT: GIS Inter-Local Agreement
Geographic and Land Information Data Exchange
With Palm Beach County
The attached agenda request is for Commission approval/authorization for Mayor to execute an
inter-local agreement with Palm Beach County for the exchange and update of geographic and
land information. Exhibit "A: of the attached agreement lists typical data to be provided by both
agencies. The City and County currently have an agreement for data exchange and this new
agreement is intended to update that agreement and make it perpetually renewing. The new
agreement also removes references to the rescinded GIS Information Policy.
The City has benefited from the existing agreement, which is evidenced through our continual
update of aerials as well as property data that can be imported into the City's GIS.
Please place this item on the 07 Feb 2006 Commission Agenda.
enc
cc: Joe Safford
Agenda File
project file
S:\EngAdminIGIS\2006-02-07 agenda mamo.doc
INTERLOCAL AGREEMENT
BETWEEN THE
CITY OF
AND
PALM BEACH COUNTY
This Agreement is entered on . 200_, between "the parties," the City of
Beach County ("County"). The City and the County are referred to colleclively as the" Parties".
("City") and Palm
WITNESSETH THAT:
WHEREAS, the Parties are authorized to enter into this Agreement pursuant to Section 163.01, Florida Slatutes, as amended
which permits local governmental units to make the most efficient use of their powers by enabling them to cooperate with
other localities on a basis of mutual advanlage, and
WHEREAS, the Parties executing the Agreement desire to share the benefits of exchanging geographic and land information
in order to have the most up-to-date and accurate information for the following purposes:
. satisfy slatutory requirements;
. ensure compatibility of information;
. improve productivity in applications development;
. simplify procedures for end users; and
. create greater efficiency in information sharing.
WHEREAS, the purpose of this Agreement is to provide a mechanism to share geographic and land information on an
ongoing basis,
WHEREAS, the Parties will develop procedures for the exchange of geographic and land information in an efficient and
timely manner,
NOW THEREFORE, the Parties, in consideration of the mutual benefits flowing from each to the other do thereby agree as
follows:
ARTICLE 1- STATEMENT OF AGREEMENT
1.1 The County GIS Service Bureau will provide County geographic dala to the City. The City enters into this Agreement
to initiate the exchange of updated geographic and land information outlined in Exhibit A with the County on an ongoing
basis.
ARTICLE 2 - TERM OF THE AGREEMENT
2.1 The period of performance of this Agreement shall commence on date of execution and continue on thereafter, on a year
to year basis, under the same terms and conditions herein provided, unless terminated earlier under Article 6, or replaced with
another agreement.
..
ARTICLE 3 - SHARING AND OWNERSHIP
3.1 Each Party shall be responsible for modifications or alterations required at its location for sharing and utilization of
geographic and land information.
3.2 Each Party will plan to provide and maintain in its geographic and land information system environment the information
specified in this Agreement under Exhibit A when it becomes available. Said information shall be maintained in the manner
(including format, accuracy, symbology, and timeliness) as agreed upon by the City and County project managers on a case
by case. In some cases, this will require modification to current praclices. In such cases, each Party will bear the cost of
required modifications to its respective environment Such information shall be accessible to both Parties, subject to access
and security procedures, license agreements, and Federal, State and local law.
ARTICLE 4 - PROJECT MANAGEMENTINOTICE
4.1 Until otherwise notified in writing, the Project Manager for the City is , City of ,
located at , Florida 33_ at telephone (561) . The Project Manager for the
County is , Pahn Beach County, Information Systems Services, GIS Services, at 30 I N. Olive
Avenue, West Palm Beach, FL 33401, telephone (561) 355-4275. The Parties shall direct all matters arising in connection
with the performance of this Agreement to the attention of the Project Managers for resolution or action. The Project
Managers shall be responsible for overall coordination and oversight relating to the performance of this Agreement.
4.2 All notices, demands, or other communications to the Parties under this Agreement shall be in writing and shall be
deemed received if sent by certified mail, return receipt requested, to:
Attention:
Project Manager
City of
Address
Copies to:
City Manager
City of
Address
,FL33
Pahn Beach County ISS
Attention: Countywide GIS Coordinator
301 N. Olive Avenue, 8th Floor
WestPahnBeach, FL33401
Copies to:
Pahn Beach County Attorney's Office
301 N. Olive Avenue, 6th Floor
West Palm Beach, FL 33401
The Parties agree to provide a copy of all such notices under this Agreement to each Project Manager. All notices required
by this Agreement shall be considered delivered upon receipt. Should either party change its address for notifications,
written notice of such new address shall promptly be sent to the other party.
ARTICLE 5 - INDEMNIFICATION & INSURANCE
5.1 The Parties assume any and all risks of personal injury, bodily injury and property damage attributable to the negligent
acts or omissions of the Parties and the officers, employees, servants, and agents thereof. Each of the Parties, as a local
government agency, warrants and represents that it is self funded for liability insurance, or has liability insurance, both public
..
and property, with such protection being applicable to the Parties by their officers, employees, servants and agents while
acting within the scope of their employment with the Parties. The Parties further agree that nothing contained herein shall be
construed or interpreted as (1) denying to either party any remedy or defense available to such party under the laws of the
State of Florida; (2) the consent of the State of Florida or its agents and agencies to be sued; or (3) a waiver of sovereign
immunity of the State of Florida beyond the waiver provided in Section 768.28, Florida Statutes.
ARTICLE 6- TERMINA TION/SUSPENSIONIARTICLE 6- TERMINA TIONIREMEDIES
6.1 This Agreement may be terminated by written notice of either Party to the other, to be effective twelve (12) months after
receipt. However, termination shall be. carefully considered due to the potential cost and disruption of operations to each of
the Parties.
6.2 Data sharing may be suspended for failure to adopt County standards or for the adoption of policies or engagement in
activities which adversely affect the sharing or maintenance of said information. Notice of proposed suspension shall be
delivered to the other Party at least five (5) working days prior to suspension. The notice shall state the reasons for the
proposed suspension and suggest corrective actions and a time frame within which these corrective actions may be taken to
avoid suspension. Suspended access to shared information shall be restored as soon as reasonably possible following receipt
of notice lhat sufficient corrective action has been taken.
6.3 Each Party may enact an emergency suspension of data sharing. The Countywide GIS Coordinator shall declare an
emergency suspension and temporarily, but immediately, suspend or reduce access to information for just cause. Reasons for
emergency suspension include, without limitation, equipment failure; unauthorized geographic information access; high
potential for sabotage; failure to adopt and enforce standards; and adoption of policies or engagement of activities which
otherwise adversely affect the operation, security or maintenance of the geographic information.
The Countywide GIS Coordinator shall notify the County GIS Policy Advisory Committee, and the other affected Party
immediately of any emergency suspension. The notice shall state the reasons for the emergency suspension and suggest
corrective actions and a time frame within which these correction actions may be taken to safely allow restoration of access
to geographic information. If the Countywide GIS Coordinator is confident that actions have adequately corrected the
situation, access to information shall be restored.
ARTICLE 7 - STANDARDS OF COMPLIANCE
7.1 The Parties, their employees, subcontractors or assigns, shall comply with all applicable federal, state, and local laws
and regulation relating to the performance of this Agreement.
7.2 The laws of the State of Florida shall govemall aspects of this Agreement. In the event it is necessary for any party to
initiate legal action regarding this Agreement, venue shall be in the Fifteenth Judicial Circuit Court.
7.3 The Parties shall allow public access to all project documents and materials in accordance with the provisions of Chapter
119, Florida Statutes. Should any Party 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 asserting
party.
7.4 The Parties hereby assure that no person shall be excluded on the grounds of race, color, creed, national origin,
handicap, age, sex or sexual orientation, from participation in, denied the benefits of, or be otherwise subjected to
discrimination in any activity under this Agreement. The Parties shall take all measures necessary to effectuate these
assurances.
..
ARTICLE 8 - GENERAL PROVISIONS
8.1 Each party shall not assign, delegate, or otherwise transfer its rights and obligations as set forth in this Agreement
without the prior written consent of the other Party. Any attempted assignment in violation of this provision shall be void.
8.2 Notwithstanding any provisions of this Agreement to the contrary, the Parties shall not be held liable for any failure or
any delay in the performance of this Agreement that arises from fires, floods, strikes, embargoes, act of the public enemy,
unusually severe weather, outbreak of war, restraint of Government, riots, civil commotion, force majeure, acts 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 and restorative aftermath period of such circumstances,
but this Agreement shall otherwise reIDain in effect This provision shall not apply if the "Statement of Work" of this
Agreement specifies that performance by the Parties is specifically required during the occurrence of any of the events herein
mentioned.
8.3 In the event any provisions of this Agreement shall conflict, or appear to conflict, the Agreement including all exhibits,
attachments and all documents specifically incorporated by reference, shall be interpreted as a whole to resolve any
inconsistency.
8.4 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.
8.5 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 that the Agreement shall remain
operable, enforceable and in full force and effect to the extent permitted by law.
8.6 This Agreement may be amended only with the written approval of the Parties hereto.
8.7 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 Parties recognize that any representations, statements or negotiations made by the Parties' staff do not suffice to legally
bind the Parties in a contractual relationship unless they have been reduced to writing and signed by the Parties'
representatives. This Agreement shall inure to the benefit of and shall be binding upon the Parties, their respective assigns,
and successors in interest.
mE REMAINER OF THIS PAGE HAS BEEN LEFT BLANK
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IN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby execute this Agreement on the date
first written above.
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
City of
BY ITS MAYOR
By:
By:
Mayor
City Attorney
Date:
ATTEST:
, City Clerk
ATfEST:
Sharon R. Bock
Clerk & Comptroller
PALM BEACH COUNTY, FLORIDA
By:
By:
Steve Bordelon, Director oflSS
Deputy Clerk
(SEAL)
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
By:
County Attorney
CLERK AND COMPTROLLER
APPROVED AS TO TERMS AND CONDITIONS
Sharon R. Bock
By:
Director, ISS Department
..
EXHIBIT A
Geographic data requested from the City as available includes but is not limited to:
- Situs Address WlParcel Control Number
- Address Range/Centerline Corrections & Updates (with metadata)
- Capture/updates of Planimetric Map Layers
- County Maintained Roads withinjurisdiction (for verification purposes)
- Hydrants
- Park Locations
- Vegetation Information
- Preserves
- Existing Land Use
- Zoning
- Critical Facilities
- New Plats (digital)
- Hazardous Materials
- Water Service Boundaries
The data to be provided by the County will be any geographic data published by Countywide GIS to include, but not
limited to:
- Centerline File
- Parcel Graphics and Database (based on current Tax Roll)
- Digital Ortho Photography (with available metadata)
- Situs Addresses
Mechanisms and schedules for exchange of data will be decided by the Project Managers upon execution of this
Agreement, incorporating the most efficient vehicle and format possible.
Specific standards issues which shall be addressed include, but are not limited to:
Geocoding/addressing standards (e.g. street names and addresses)
Information quality control objectives and methods
Information sources and lineages
Positional accuracy/precision of map content and sources
Information category conventions
Information completeness and update cycles
..
Date:
31 Januarv 2006
AGENDA ITEM NUMBER: ~N\
AGENDA REQUEST
Request to be placed on:
--X- Consent Agenda _Regular Agenda _Workshop Agenda _Special Agenda
When:
07 Feb 2006
Description of Agenda Item (who, what, where, how much):
The attached agenda is for Commission approval/authorization for Mayor to execute
an inter-local agreement with Palm Beach County for the exchange and update of
geographic and land information. This new agreement is intended to update the
existing agreement and make the agreement perpetually renewing and removes
references to the rescinded GIS Information Policy. The agreement execution is
contingent on review and approval of the City Attorney.
Staff Recommendation: Ap~ ---n-f1-
Department Head Signature: l~- (~
1..-1~ol"
City Attorney ReviewlRecommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No Initials: N.A.
Account Number
Description
Account Balance:
Funding Alternatives:
(if applicable)
City Manager Review:
Approved for Agenda:@/ No Initials: &1
Hold Until:
Agenda Coordinator Review:
Received:
S: \EngAdmin \GIS\2006-02-07 agenda.doc
MEMORANDUM
TO: David T. Harden, City Manager
FROM: Michael Wise, Lieutenant; Special Operations Coordinator
Ik . ~l
THRU: Kerry B. Koen, Fire\::hief
DATE: January 30, 2006
SUBJECT: Agenda Item-Citv Commission Meeting on 02/07/06
Execution of the Memorandum of Understanding Agreement
to accept the 2005 Domestic Preparedness Grant from the State
Homeland Security Grant Program
ACTION:
The City of Delray Beach City Commission is requested to approve a Memorandum of
Understanding Agreement in order to accept the 2005 Domestic Preparedness Grant from
the State Homeland Security Grant Program in the amount of$7,595.00.
BACKGROUND:
The U.S Department of Homeland Security, Office of Domestic Preparedness, has
awarded the City of Delray Beach grant funds in the amount of$7,595.00. These grant
funds will be passed down to the Florida Department of Financial Services, Division of
State Fire Marshal and disbursed to the City of Delray Beach on a reimbursement basis.
The grant funds are awarded to maintain our role as a Mass Casualty Decontamination
resource and purchase new equipment as approved by the State of Florida for the
specialized decontamination teams. The 2005 Domestic Preparedness Grant guidelines
require that, if the State of Florida disburses a portion of grant funds to a local
government unit, the State must enter into a Memorandum of Understanding Agreement
with the Local Government Unit, specifying the amount of funds to be disbursed by the
State for an approved purpose. The term of the MOU Agreement is effective upon its
execution by both parties and shall terminate on June 30, 2006.
RECOMMENDATION:
Delray Beach Fire-Rescue respectfully request City Commission approval to execute the
Memorandum of Understanding Agreement to accept the 2005 Domestic Preparedness
Grant in the amount of$7,595.00.
~
o/(
tWI
MEMORANDUM OF UNDERSTANDING
FOR EXPENDITURE OF LOCAL GOVERNMENT UNIT FUNDING FOR
FLORIDA REGIONAL HAZARDOUS MATERIALSIWMD RESPONSE TEAMS
FROM 2005 DOMESTIC PREPAREDNESS GRANT
STATE HOMELAND SECURITY GRANT PROGRAM
THIS AGREEMENT is entered into by and between City of Delrav Beach ("Locai
Government Unif') and Florida DeDartment of Financial Services, Division of State Fire Marshal
("SFM").
WHEREAS, the U.S. Department of Homeland Security, Office of Domestic Preparedness
("ODP") has made available 2005 Domestic Preparedness Grant funds to the Florida Department of
Financial Services, Division of State Fire Marshai. as the State of Fiorida's State Administrative Agency
for Fire-Rescue under federal grant guidelines, which funds are designated to be used for planning.
equipment, training, exercise and management and administrative Purchases and activities in
Domestic Preparedness.
WHEREAS, the 2005 Homeland Security Grant Program ("SHSGP"), is a portion of the 2005
Domestic Preparedness Grant and provides funds to enhance the capability of State and Local
Government Units to prevent, deter, respond to, and recover from incidents of terrorism.
WHEREAS, the 2005 Domestic Preparedness Grant guidelines require that, if the State
disburses a portion of said grant funds to a local government unit, the State must enter into a
Memorandum of Understanding with the Local Government Unit, specifying the amount of funds to be
disbursed by the State for the below identified training; and
WHEREAS, the State and the Local Government Unit have utilized the State of Florida's State
Homeland Security Strategies as the basis for the allocation of 2005 SHSGP funds to meet prioritized
needs to enhance and refine their preparedness efforts. and have received state and federal approval
for the allocation and expenditure of said funds as designated herein.
NOW THEREFORE, the parties agree to the following terms:
1. The Local Government Unit requests the State, through the Department of Financial Services,
Division of State Fire Marshal, to disburse the amount of no less than $7,595.00 (Grant Fund
Amount"), as the portion of the Local Government Unit's allocation of the SHSGP portion of the
2005 Domestic Preparedness Grant.
2. The Department of Financial Services, Division of State Fire Marshal, representing the State in
its administration of the 2005 SHSGP grant funds, agrees to disburse the Grant Fund Amount
to provide funding in the amounts of no less than $7,595.00 for purchase of new equipment for
specialized decontamination teams.
3. The Local Government Unit agrees that unless the Local Government Unit is a state agency or
subdivision, the Local Government Unit shall be solely responsible to parties with whom it shall
deal in carrying out the terms of this Memorandum of Understanding, and shall save the
Department harmless against all claims of whatever nature by third parties arising out of the
performance of work under this Memorandum of Understanding. For purposes of this
Memorandum of Understanding, the Local Government Unit agrees that it is not an employee
or agent of the Department, but is an independent contractor.
4. Any Local Government Unit who is a state agency or subdivision, as defined in Section 768.28,
Fla. Stat" agrees to be fully responsible to the extent provided by Section 768.28 Fla. Stat. for
its negligent acts or omissions or tortious acts which result in claims or suits against the
Department, and agrees to be liable for any damages proximately caused by said acts or
omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by any Local
Government Unit to which sovereign immunity applies. Nothing herein shall be construed as
consent by a state agency or subdivision of the State of Florida to be sued by third parties in
any matter arising out of any contract.
5. The Local Government Unit agrees that all notices provided under or pursuant to this
Page 1 of 3 Pages
Memorandum of Understanding shall be in writing, either by hand delivery, or first class,
certified mail, return receipt requested, to the contract representative identified below at the
address set forth below and said notification attached to the original of this Memorandum of
Understanding.
6. The Locai Government Unit shall use the funds provided to it under this
Memorandum of Understanding for the purpose specified in the Florida Strategy, and
specifically agrees to:
a. Upon notification by the State EOC, SFM andlor RDSTF, the Local
Government Unit shall respond to any and all incidents either within its
regional response area, or as designated within the State Emergency
Response Plan, with all eligible equipment, and any and all other resources
which it has. for so long as the Memorandum of Understanding remains In
effect, or as may be agreed upon under the Florida Strategy. It is
understood that local emergencies and equipment operability will dictate
the availability of an agency to respond.
b. Maintain the compliance requirements of a Mass Casualty Decontamination
resource, as defined by the Florida Domestic Security Strategy. If your
agency does not wish to fulfill this responsibility, your agency agrees to
coordinate with the Domestic Security Operations Committee to select
another agency within the RDSTF region that is willing to provide this
resource and will accept the funding.
c. To ensure uniformity of funded teams, purchase specifically identified
equipment as stipulated by the Florida Domestic Security Equipment
Committee. Exceptions to the approved equipment list is to be approved by
the Equipment Committee in writing prior to purchase.
d. Submit all appropriate reimbursement requests by May 1, 2006.
7. This Memorandum of Understanding is effective upon its execution by the parties and may be
modified only in writing with execution by both parties. This Agreement terminates on June 30,
2006, or earlier a) as otherwise stated herein, b) as agreed to by the parties, or c) as otherwise
required by law or by state or federal guidelines.
8. This Memorandum of Understanding contains all the terms and conditions agreed upon by the
parties.
Name and address for the Department contract managers for this Memorandum of Understanding is:
Contract/Financial Activities::
John J. Delorio, 11- CFO, EFO, MIFireE
Division of State Fire Marshal
Bureau of Fire Standards and Training
1 1655 NW Gainesville Road
Ocata, Florida 34482-1486
Email: john.deiorio@fldfs.com
Programmatic Activities:
Dave A. Casey, Bureau Chief
Division of State Fire Marshai
Bureau of Fire Standards and Training
11655 NW Gainesville Road
Ocala, Florida 34482-1486
Email: dave.casey@fldfs.com
The name and address of the representative of the Local Government Unit responsible for the
administration of this Memorandum of Understanding is:
Name and Title: Walter Hirst, Lieutenant; Speciai Operations Coordinator
Address: 501 West Atlantic Avenue
CitylStatelZip Delray Beach, Florida 33444
Phone Number: (561) 243-74161 (561) 441-0812
Email: hirstw@Cl.delray-beach.fI.US
Page 2 of 3 Pages
The parties agree to comply with state and federal guidelines in the allocation, expenditure and
reporting of the use of the Grant Fund Amount.
WHEREFORE, the parties hereto have caused this Memorandum of Understanding to be executed by
their undersigned officials as duly authorized.
LOCAL GOVERNMENT UNIT
City of Deirav Beach
Name of Agency
DEPARTMENT OF FINANCIAL SERVICES
DIVISION OF STATE FIRE MARSHAL
Name of Agency
Signature of Agency Official
Signature of Agency Official
Printed Name of Agency Official
Lisa Miller. Chief of Staff. DeDartment of Financial
Services
Printed Name of Agency Official
Date
Date
Page 3 of 3 Pages
AGENDA ITEM NUMBER: 'i'N
AGENDA REQUEST
Request to be placed on: February 7. 2006
Date: 01/30/06
---1QL. Consent Agenda _ Special Agenda _ Workshop Agenda
Description of agenda item:
Delray Beach Fire Rescue requests City Commission approval to execute a
Memorandum of Understanding (MOU) Agreement to accept the 2005 Domestic Preparedness
Grant from the State Homeland Security Grant Program in the amount of $7,595.00. The grant
funds were awarded to the City of Delray Beach to maintain a specialized decontamination team
and purchase new decontamination equipment as approved by the State of Florida.
xx
NO
NO
xx
ORDINANCE/RESOLUTION REQUIRED:
Draft Attached:
YES
YES
Recommendation:
Approve the Memorandum of Understanding to accept/execute the 2005 Homeland
Security Grant in the amount of $7,595.00
Department Head Signature: \( ~ "B. '-
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: 8 PivJ No
Hold Until:
Agenda Coordinator Review:
Received:
Action:
Approved
Disapproved
MEMORANDUM
TO:
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # ~ - REGULAR MEETING OF FEBRUARY 7. 2006
VEHICLE REPAIR/FIRE DEPARTMENT
SUBJECT:
DATE:
FEBRUARY 3, 2006
lbis is before the Commission to approve the repair of Fire Department Vehicle #200460 in the
amount of$20,748.23 by Southeast Truck Specialist, Inc.
Funding is available from 551-1575-591-45.50 (Insurance Fund/Property Claims).
Recommend approval of the repair of Fire Department Vehicle #200460 in the amount of $20,748.23
by Southeast Truck Specialist, Inc.
S,\Gty Clork\agenda memos\ Vorucle Repair 0207.06
t
"
TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
David T. Harden, City ~ag~ Jl, ~
Frank Babin, Risk Manag~ -
January 31, 2006
Agenda Request for 02/07/06
The purpose of this memorandum is to seek approval from the City Commission for repair of Fire
Department Vehicle #200460. This vehicle was damaged on September 9, 2005 in an auto
accident.
The cost to repair this vehicle is $20,748.23 per the attached invoice from Southeast Truck
Specialist, Inc. and validation of repair cost by the City's appraiser, Intercity Appraisal. Enclosed
also are copies of the Florida Crash Report. the City of Delray Beach Automobile Accident
Investigation Reporl and the Agenda Request.
Thank you.
Ire
Attachment
agenda2.doc
12/26/2005 11 18 FAX 8548704201
SOUTHEAST-TRUCK
III 002/002
.
.... T...
I~
Souttleast Truck Specialist, Inc.
2407 Hammondville Road
Pompano B.ach. FL 33068
(954) 870-3851 . Fax (854) 970-4201
Ltc #: ARl 891 . Lie Ii: 641 . MV-21881
Invoice
Date Invoice #
11/21/2005 20131
Bill To
Make IrJT
Yr/Modvl J400
VIN 1i-lTMRAOM34H611701l
Mileage
Tech P,O. No. Terms
RC Net 30
ITY OF DELRAY SE,.a.CH
100 NW 1ST AVE
JELRAY SEACH. FL 33444
"H 561.243-7332
X 5111-~i2-e3811
Description aty Rate Amount
iibor iiS pllr mimat. (Frlm. & Flb';eJllion) 3.155,00 3.'15500
.bQr .. p.r ..t:imat:e (Calli~jCJ") aooy LABOR .e~ eo.oo 2.77200
abar a. pO'r mimale (Colliiion)RIOI"INISH lASel!; 13.4 15000 804 ,00
IIlECH U'SOR 12 eo.OO 720,00
"art. I. per E!ltimoll '18.06383 13,063.83
""nt .6.rle A1illnml!l11 ANO SET REA." 155.00 155,00
'oin!: Maleri!lis 348.40 348.40
::aurtesy Olscaunl: FOR TRANS SERvl':E CALL -270.00 -27000
PLEASE PAY-
Vehicle Repaired!
-
Subtotal $20,]&1.23
Customer Signature:
Sales Tax (6.0%) -en nn
.............
Dale:
Total $20,748.23 i
After due date a service fee will be charged at a rate of 1.5% per month.
SENT SV:
5615961279;
JAN-le-Q6 12:50;
-
Our ssn Year
Intercity Auto Appraisal Service, Inc.
5820 South Dixie Hwy., We.t Palm lItacl1, .'1. 33405
Telephu..561-586-2023 hx 561-586-1279
~mllil lIItcrcil,\'(if.)adeJphia.u{'.
William COlb)n
President
Robe-rt Sltlocil
Ueneral Manager
January 13, 2006
Cit). of Del ray Beach
100 NW First A venue
Delray Beach, Florida 33444
Re: Your Vehicle Unit No. 0460
2004 Intematiunal . Ambulance
DIL 9-9-05
Our File 40154
Gentlemen:
Photographs of the damage to this unit were reviewed and a general assessment made
of me area of impact. parts damaged which would require replacement and area to be
repaired and retlnished.
I obtained the invoices from the various supplicrs to writy parts and prices listed 'In the
Southeast Truck Specialists final invoice. l.abor costs were checked fiJr reasonableness
as were the painl materials and paint application costs. Labor hours and cost per hour
are in keeping with the local repair industry ratcs.
I found the final invoice to be in line based on tbe infonnati"n submitted 10 me and
recommend that it be accepted.
Sincerely yours,
JI-~ -G: G;
William C. C<ltton. ~
Slw~'irlJ:i S"UIll/;1f.kll FhNua and lht, (i'~d~.~ m'I~~l' JY_~/
PAGE 1/1
..
FLORIDA TRAFFIC CRASH REPORT
LONG FORM
MAIL TO: DEPT OF HIGHWAY SAFETY.& MOTOR "cHICles, TRAFFIC CRASH
RECORDS, NEIL I\IR!\MAN SUIWING, T,aLLAHASSEE, Fl 32399.0537
I DO NOT WRITE IN THIS SPACE
DATE OF CRASH TIME OF CRASH TIM' OFClCER NOTIClEO I TIME OFFICER ARRI"'D 1""51 AG'''CY:EPORT NUM'ER 1 "'7'3544N850
c: 09 ! 09 I 05 10:00 ~AM C PM 10:01 i:XIAM nPM 10:03 /XlAM DpM 0)-23963
0
.,
.. COUNTY/tHyeODE FEET 0' MILE(S) N 5 E W CITYORTOVifl (ChtdltlnCllyorToWl) ~rOUNTY
" 06/40 0 JLJl DELRA Y BEACH ~ PALM BEACH
0 01
...J AT NODE NO or I FEET or MILE(S) 1 FRCM NiXIE NO. NExTNoa;~~l~ooFlANES lCiJ 1 DI"DEO -' ON51REET,ROAIJORHlGHWAV
011 02 2, UN""DEO SE 2ND ST.
"
E Al I Ht INIERStCTION O~ (Slre-!I, nlad, Gf hlgh......y) 0' FEET MILE(5) j tJI SJ~E-~J FRCMINTERSECTICNQ=(street,roadorhgt')O'3',1
;:: S. SWINTON AVE.
DRJVER1,Phanlolll W ' "'" MAKE TYPE! USE VEH LICENSE NUMBER ST,lTE VEHICLE IDENTIFICATION NUMBER 314 I 5 6 7 l!l.UndI!rc:amagt
ACTION 2.Hit&RlIn 04 lNTL 77 09 CITY2277 FL I HTMRADM34H611 709 - 19.0verllll1
3 N/A ~ ~({16 17 , 20 Wird$hll!~
TRAlLEROR TOWED VEHICLE TRAlLERTYJlE 21,Tr3l1tr
INFORMATION AMBULANCE RI 14 13112' II to & SHIlWnlln~1l1ll1
IlFVI;HICll; [!iJ
VFI-lICLF TR,H''FLln(; G' AT EstMPI1 rO~"S'''dl "'''H!CLED''''AG' /'Di"""' Q EST, TRAILER DAMAGE QNIIAGI; 14
10 [] 0 & SE2NDST. 2. Funcllnnal 1 AND CIRCll;
i:8I 5 25 $5000.00 3.,.D,m,,, ~B)AAEJ(S)
MOTOR VEHICLE INSURANCE COMPAAY (UASIUTYOR PIP) POUCYNUMBER I VEHICLE REIIIO\iEOBY: '.TllWI'I01ajjI)l'jUtl 3.0rtlrar 0
cD
U CITY OF DELRA Y BEACH SELF INSURED BECK'S TOWING 2. TnwOwnlrs RlqUlltl 4. OINr
:.:: NAME OF VEHICLE OViNER (Check Bll} II Same AsOflwer) 0 CURRENT ADORESS(Number.andStreet) CITY AND STATE ZIP CODe
~ CITY OF DELRA Y BEACH 100 NW FIRST AVENUE DELRA Y BEACH, FL 33444-3695
NAlIlE OF OWNER (Trailer or TO\olled VehIcle) CURRENT ADDRESS (Number.ancl Slreet) CITY AND STATE ZIP CODE
0
C NAME OF MOTOR CARRIER (Commereial Vehicle Only) CURRENT ADDRESS (Nwnber and Street) CiTY&STATEfZIP CODE US DOT or ICC IDENTIFICATION NUMBERS
'" I I I I I I J
'C
10
cD NAME OF DRIVER fTa~e From Dlilo'er Licenst) IPEDESTRIAN CURREnT ADDRESS (Hum ber and Streel) C!TY&STATEfZJP CODE "A,,~.~,H
'"
cD STEPHANIE LAURIN CRANEY 501 W.ATLANTICAVE. DELRA Y BEACH, FL 33444 08/01/76
a.
ORIVER LICENSE NUMBER I STATE r\'pc, I E'io.lfcroRUG rESr TYP' W ESUlrs I r'"'UU ("YSDEF I RES. I RAC' S~X I INJ. S, au
C650792767810 FL .tBloocl3UrmeSNone 5 ~ I 2 I \ I I
5 3 2 Brealtl 4 Relusecl . 1 1 2 I
HAZAROOUSWATER'IAUml ~LACAI!OEO I r .INOIAl"I;NAllEOR'40GlTNI,IoU DI,.f,l,jOMDOR90X WAS ftA::AAOO~~rnl ~ecoMIolEN:lORlVERS RE-El<<M DRIVER'S PHONE NO
IlE1NGTRAlI&PORTEO , 1lI0rOl.owOIlO. f\ IolAHRlAL ,SPlLll;01 IF "I;S, EXPLAIN IN ~R~ TlVI;[2" .
1 V" J. No 2 1, 'res 2.No L2JII I J u.. 'No 2 U.. ,... 2 ( 561 ) 243-7800
DRIVER l.Phanlom GJ y,,,, MAK' TYPE I USE VEH.LlCENSENUMBER STATE VEHk:lE IOENTiFICATiONNUMBeR (2)314(' , 7 lS.Undercaniage
ACTiON 2.HII&Run 05 MACK 05 13 N7952G FL IM2AGIIC35M028661 19.01lt!1tlln
lNIA llf "Ill 18 I 17 , 20. Windstlleif
TRAILER OR TOWED VEHICLE TRAllERTYPE 21.Tl'alIer
INFORMATION 1411311211110 , SHOWFIflSTPOIHT
OrVEftlCll;Q
VFHICLF TRAV!:UNG GN AT '''MPH /","""'''1 EST.".ClH"AG'lLDi".'"' CiJ EST. TRAILER DAMAGE O~AOI; 1
N SEW 2.FllnCllOnal , "NDeI1lCLE
~ I ~ 000 S. SWINTON AVE. 35+ 35 $1000.00 ".D,m". _ o.~ElJAA~SJ
MOiOR "'iHICLE INSURANCE COMPAAY(LIAS/LliVOR PIP) POLICYNUMSER jVEHICLE REMOVED SY: 1.TowRotaticnust3.Dnver W
" 2 TowO'illnersRequea 4.0thll' 3
U NATIONAL UNION FIRE INS. CO. RMCA8261199 DRIVER
E NAME OF VEHICLE OWNER {Checl: 80xllS.illle .I.s0uwerlO CURRENT ADDRESS (Numher" Street) CllY AND STATE ZIP COOE
~ TARMAC AMERICA 2500 SW2NDAVENUE IT LAUDERDALE, FL 33315-0000
NAME OF OWNER (Trailer Cf Towed Yi>hlcle) r;URRENT ADDRESS (Ntlmberolncl Slreet) C1TYANDSTATE ZIP COOE
0
C NAME a= MOTOR CARRIER (Commercia' Vehicle Orty) CURRENT ~DDRESS (NumberandSlreel) CITY&STATE IllP CODE US DOT or Ice IDENTIFICATION NUMBERS
.. [lj I II I I I
'C
10
cD NAME OF DRIVER IT .a~e From DoIlt!ILIClniSL')/PEDESTRIAN J::-URRENT ADDRESS (NtlOlh!randSue!l) ClTra5TATE IllP1XlDE IJATt VI' BlR,H
"0
cD LEROY JOHNSON 9847 GOLDENROD DRIVE BOYNTON BEACH, FL 33437 11/14144
0..
DRIVER LtCENSE NUMBER I STATE TJf~ ALeroRUG rEST TYP' W ";2ULTS I ("'""UG r"YSD" I R'S RACE s;x I IN' '0 I
1525520444140 FL 18100cl3UtlfleSNonej ~ 2 I 121 IJ I l""
2 3 1 Breatlt.4R!lused . 1 1 I
"""'''"''''''''''''[2]/ ""ARCEO _I~/~,~:'~C:T -=TOtl4D~rrNUol8 01loWONl!.:'.~.~CX .... ,;moo"lfnl ~ECOM.""''''',", "'-""',~(2.rRl"RS '"0'" "0 (;;
BeiNG TtlANSPCRTI;D J DFtvwCND. 1\11 WATI;tllAl SPlll~()~ IF)"!OS EXPLAIN IN N"R~nVl;
I,Y;u 1. NO 2, ','..s 2NO l2JII \ 1 YH 1 ~Jo 2 "Yts' 1 No 2 ( ) ~
VEH/Cl TYPE VEHICLE USE TRAILER TYPE RESIDENCE Drfverl Ped. PHYSICAL DEFECTS ALCOHOL I DRUG USE lOCATION
Ie 01,1.iJlemoblle I U I rrJ~ale fdnsportaban I~~ ;~~~~:eml r,lIler JI,;OuntyOl ~Iash 1 No Del!osJ'l.nllWl T fJ~A~~~I.'ng or ~slflg IJrugs IN VEHICLE
02 Van 112 CommerClal Passengers 1l2Tanclem SemiTraIler 2 Else\lohl'te m Stale 2 EyeslghrDefed 2 Alcohol .UnclerlnNuence
03 light Tnlcl.lPLI -;: 014 r~"'IJres D3CemmerClalCargo 03 T an~ TraIler 3 Non-ReSldentOLiofStae 3 FallgueiAsjeep 3 Drugs -Uncler In~uence 1 FrOnlL!It ~
,0 04 Mecll.m rrud;-4realllres 04 P ulllle Tlal1~port;j~On 04SadilelrloUr1!FI.'JDecI 4 ForeJl~n 5Un.noWl 4 HearmgDefeCl ~ Alcohol & Drugs - Uncler In~tlence 1frolllCtnlfr
IJ 05Hea"i' Tftldi .2ormOleleaf,),i's Cl5Puililt SchGol Bus OS 60at TraIler DL TYPE RAce 5HIr1(ss 5 Had Bee<'l Drl(l~'<'Ig 3FlonlR,glII ff
OBTrudTraaor(Cab_BobJalll 06Pn'Oale SchOOl alJ~ 06 U!lllty Trailer 1 A ". , C 1 Wh~e 6 SelzuJ'e. Epllepsr. Blackout 6PenclmgAlCiDRUG Test Resuns 4 ReafLelf
07MOlarHome(RV) O?,~bulance 07HouseTIJller 4D!ChauNeur 2 Black 7 Other Phy>ic..lDtlet1 5RMfl;enter
G8Bus(CrI'Otr+:;e,1Isfor9_1S) 08 LawEnforcemenl i08PJleTralier SEiOperator JHISpJnlC INJURY SEVERITY SAFETY EOUlPMENT IN USE 6 Rear RU;lhl
IE 09 Bll' (ltnrtr + 'StillS lot O~l!r 15) 09FlrelRescue 09 T01<oeclVehJc!e BE/Opel_Rea 40tller 1 Notfnuse ilnBocl'fOtTrud
TtlBICYCle 10 ~illrarr 10 AUlOiran:>jlorr 7 OIlier 1 Ncne ~ Sear Bel! ISl1oulcerH.amess SBusP.a:>senger
I~ II Molorcyclt IIOlherGO"l!/IImenr nOther REQUIRED .ex 2 PosSIble JChllclRestralllt 9 aliter
12 Mopecl 12 Dump ENOORSEfoENTS I Male JNon.lncapaclTaTlng 4 An Bag _ Deplo~ed
0 13 All hlTal"l Vetllde 411lcapJcitahng I
U 14 Tram IJ Concrete Mi:er l....es :!Femaie 5ArrBag-NlltDeplOiecl
15lo.:NSpeedVehlcle i4Garb.ageorf/elise 2rJo 5far;J(W'llhlnJDCia)s) 5SJ~rl1elmel "10
nOlher 15 (argo ~all 3 No~n<.lOlsel\len\ S Non-TraNi. Falallty 7h~Protet1ion 2'fes
nHlh., lo'ec:jtllrU 6P<.arual ,
He~\'-900DJiRE'v 1102) ~. 1 nL .
S
e
c
o
n
s
e
c
t
o
n
2
. ,
"
FLORIDA TRAFFIC CRASH REPORT
NARRA TIVE I DIAGRAM
M,$JL TO ('EPT OF HIGHWAY SAFET\' & MOTOR vEHICLES. TRAFFIC CPA~
REI:ORDS. NEll lI'IRl\MAN aUllDING, r,\lL#lASSEE, f13~39.9-0500
TIMEEM' NOTIFIED IFATAUTIE' ONLY) IT'" '"' A""" (fATALITIES 0" Y) f^T' OFeRASH I COUNTY "'TY CODE I iN'HUGENCY REPORT NUM'" I "SOv C'ASH ",PORTNUMBE'
DAM OPM DAM OPM 09 I 09 105 06/40 05-23963 73544850
(NARRATIVE)
V2,A CEMENT TRUCK. WAS TRA\'ELING NORmBOUND IN TIlE 200 BLOCK OF S. SWINTON AVE. APPROACHING mE INTERSECTION
AT SE 2ND ST.. GREEN TRAFFIC SIGNAL. VI. ADELRAY BEACH FIREIRESCUE VEHICLE. WAS TRAVELING WES'IBOUND IN TIlE FIRST
BLOCK OF SE 2ND ST. APPROACHING THE INTERSECTION AT S. S'W1NTON AVE.. WITH EMERGENCY LIGHTS AND SIREN ACTIVATED.
ACCORDING TO AN INDEPENDENT 'W1TNESS, TIlE TR"-FFIC SIGNAL ON S. SWINTON AVE. WAS RED FOR V2 AND V2 WAS SLOWING
DOWN. AS V2 GOT CLOSER TO TIlE INTERSECTION (WITNESS INDICATED APPROXlMATEL Y 125 FT. FROM mE INTERSECTION~ TIlE
SIGNAL TIJRNED GREEN. AT WHICH TIME V2 SPED UP. VI SLOWED AND STOPPED AT S. SWINTON AVE. FOR TIlE RED SIGNAL BUT
DID NOT STOP UNTil. TIlE FRONT OF VI WAS IN TIlE INTERSECTION. V2 TIlEN BEGAN STOPPING BUT WAS UNABLE TO STOP IN
TIME.
DRIVER OF VI SAID SHE SAW V2 APPROACHING BUT TIlOUGHT V2 WOULD STOP. SO SHE CONTINUED.
DRIVER OF V2 SAID HE HEARD mE SIREN BUT DID NOT KNOW WHERE VI WAS COMING FROM so HE BEGAN SLOWING DOWN. HE
SAID HE THEN SAW VI AT mE INTERSECTION AND lMMEDIATEL Y APPLIED TIlE BRAKE. V2 LEFT APPROXlMATEL Y III FT. OF SKID
MARKS ON THE ROADWAY.
THE RIGHT FRONT OF V2 STRUCK TIlE LEFT FRONT SIDE OF VI. TIlERE WERE NO INJURIES.
SEe . PASS # PASSENGER NAME CURRENT ADCRESS CITY & STATE ZIP DATE OF BIRTH RACE SEX LOC INJ S EQUIP EJECT
I I I~YAN PATRICK WALKER 501 W. ATLANTIC AVE. DELRAY BEACH. FL 33444 12117/73 I I 2 I 2 \ I
SEC,# PASS # PASSENGER NAME CURRENT ADDRESS OTY & STATE ZIP DATE OF BIRTH RACE SEX lOC INJ. 5E '1P EJECT
I 2 JOSEPH ANDREW JOHNSON 501 W. ATLANTIC AVE. DELRAYBEACH.FL 08102/86 1 I 3 I 2 \ I
5" . AS' PASSENG<;:.... f>lAME:; CURRENT ;;CIORESS ......,(".::;,"",1:: "' DATE OF BIRTH RACE SEl\, lOC INJ. . P EJECT
-'c..' c", . PASSENGER NAME CUI"'I"<l:N ACORE;;:>S ell 1 &STA'l: .Ie lJA TE OF BIRTH PAC~ SEX LOC INJ , , EJECT
,., . ASS. # AS:;;;t:NI..,Er< NAM t: CUI"<1"<t:N , ,A.L'ORE;;:.S CITY&5,~,t: ,"e o..TEOF BIRTH RACt: :;;;t:;, LOC INJ S IP EJECT
r"o
SE......# AS... # A::;SENGt:1"l NAMt:: CURRENT ADGRE5S eln' a. STATE lIP CIA TE OF BIRTH RACE SEX LOC INJ 5 EQUIP EJECT '-
V
,
SECTION # NAME a= VI ClA TCR FL 5 A1U It:: NUMI:lt::R CHARGE CITATION NUMBER ~
~
6 \)
15 SECTION # NAME CF VI OI.A TOR FL STA1UTENUMBffi CHARGE CITATION NUMBER
.". ~
:>
IDO NOT WRITE IN THIS SPACE
I
W1fNESSNAME 11)
CURRENTA!JORESS
(IT',' a ST~rE
ZIP
WITNESS NAME (:)
':URRENT ADDRESS
C'1TI'&ST,'l.TE
or
,~
I\)
DERRICK HENDRIX 343 NW "TH AVE. DELRA Y BEACH. FL 33444
FIRST AID GIVEN S:Y .NAME
1 PhYSlC'~crNlirse :: ParamtaorEMT j pahceOiicern INJURED T,l./I,EN TO
4CPI!liedl.I,lIc!er SOlher
IF NO, THEN 'JI..tIEPE7 IS ~ GJ IF NO, THe< WHY-;-
I INVESTIGATION 1 VE:;;; 1
COMPLETE: '1 ~,jO
ID!6ADGE NUMBER DEP AATMENT
857
PHOTOS
TA.l\fN:
j 3Y-N.'l.""E
I
I
,....51.1
::r:10 L!J
IFYES8YWHCM? GJ I
1 iNVESTiGATING AGENC'{r I J .'
20THE'R
FHP SO CPD OTHER
DD~ 0
CSO S. ROTH
DELRA Y BEACH POLICE DEPARTMENT
HSMV 8L~05 (p!vl:O:?j _/
Page~Of~page~
'.- .
DIAGRAM
Alfl(ltJb ~
LAI-l€:
CK~H
~
lbL.f: <>
A:>I.E
~
v
T2El:..
(VI 1-<
(VI 1-0;;:
j;tjl.f:
~ ':>\\iu~S
~ fiRE l-I'ioRAIJT
SW"Z.ST B SE. '2 ~
t
-< s. S\I..llt,)Tou A.I'E..
Pagl4ot4Plia
@
INDICATE NORTH
WITH ARROW
'lCrTOliCME
Southeast Truck Specialist Inc.
2407 Hammondville Rd.
Pomp. Beach, FL, 33069
Tel: 954-970-3651 Fax: 954-970-4201
Estimate - Preliminary
Estimate Prepared by: RICK CARMODY
Accident Date:
Date of Loss:
Arrival Date:
Type of Loss:
Policy Number:
Claim Number:
Appraised for:
Date: 11/21/2005
Estimate#:
".
Insured:
Comparly:CITY OF DF+RA Y BEACH
Contact: RAY
Address: 434 SOUTH SWINTON BLVD
City, State, Zip Code: DELRA Y BEACH, FLORIDA
33444
Telephone, Fax: 561-243-7332561-272-5366
Year Make I Model Color Trim
2003 INTERNATIONAL 4200/4300/4400 red white
Unit Number License Plate # Mileage Serial#NIN#
0460 I HTMRADM34H6 1 1709
Sup Seq Qty Labor Labor Description Part Part List Extended Labor
Type Op Type Number Price Price Units
I I Body RemlRep Bumper, Front New $919.43 $919.43 1.1*
2 I Body Rem/Rep Bracket, Bumper R New $65.23 $65.23 .211*
3 I Body Rem/Rep Bracket, Bumper L New $65.23 $65.23 .211*
4 1 Body Remllns LIS BUMPER SIREN Exist 1.0*
AND MOUNT
5 I Body Rem/Rep LIS HOOD STRAP New $38.92 $38.92 .0*
AND BASE
6 1 Body RemlRep Grille Assy New $649.91 $649.91 .5#*
7 1 Body Repair CUT HOLES IN Exist 2.0*
GRILLE FOR
STROBS AND
INSTALL STROBS
8 1 Body RemlRep Lamp Assy, New $280.03 $280.03 .8#*
Combination L-
HEADLAMP
9 1 Body Rem/Rep Lamp Assy, Side New $14.44 $14.44 .5*
Signal L
10 I Body Rem/Rep LIS SIDE CLEAR New $197.87 $197.87 .5*
STROB
Version 1.91
Database Edition PHT 05-03
TruckEst is a Trademark of Mitchell International
@1998-2005 Mitchell International, Inc.
All Rights Reserved.
Page
of 4
, 'Qty
:SUP. 'Seq Labor Labor Description Part Part Lisl Extended Labor
Type Op Type, Number Price Price Units
11 1 Body Rem/Rep LIS AIR HORN New $237.76 $237.76 .5*
12 1 Ref Ref Refinish Hood Assy Exist 4.4
Outside
13 1 Ref Ref Add for Inside Exist 2.5
Refmish Hood Assy
Outside
14 1 Body Rem/Ins R&I Hood Assy Exist 2.0
15 1 Body Rem/Rep Hood Assy New $2,549.67 $2,549.67 5.0*
16 1 Body Rem/Rep Bar, Cross New $203.17 $203.17 .911*
17 1 Body Rem/Rep Hinge, Hood New $98.76 $98.76 .811*
18 1 Body Rem/Rep LIS UNDER HOOD New $145.04 $145.04 .0*
SPLASH SHEILD
19 1 Body Rem/Rep LIS FENDER EXT New $392.61 $392.61 1.0*
20 1 Ref Ref LIS FENDER EXT Exist 2.5*
21 1 Body Repair LIS DOOR Exist 6.0*
22 I Ref Ref LIS DOOR Exist 4.0*
23 1 Body Rem/lns Evacuate & Recharge Exist 1.4
System
24 I Body Rem/lns Recover Refrigerant Exist .3
25 1 Mech Rem/Rep Condenser, AIC New $327.10 $327.10 .7*
26 1 Mech Rem/Rep Receiver/Drier New $191.57 $191.57 .6*
27 Freon & Oil $85.00 $85.00 *
28 1 Mech Rem/Rep wi AIC Radiator Assy New $888.58 $888.58 4.7#*
29 1 Body Rem/Rep Tank, Surge New $165.29 $165.29 .8*
30 1 Body Rem/Rep wi AIC Shroud, Fan New $189.55 $189.55 2.3#*
31 1 Body Rem/Rep Blade Assy, Fan New $132.36 $132.36 1.1#*
32 I Body Rem/Rep Clutch, Fan (b) New $666.57 $666.57 .3#*
33 1 Mech Rem/Rep Gear, Steering New $1,207.16 $1,207.16 3.5*
34 1 Mech Rem/Rep Link, Drag New $93.17 $93.17 1.0#*
35 1 Mech Rem/Rep Arm, Pitman New $63.83 $63.83 1.0*
36 1 Mech Chkl Adj Shaft, Steering Drive Exist *
---OPEN
37 1 FRONT AXLE AND *
ALL PARTS ---
OPEN
38 1 Body Rem/Rep LIS CHROME NUT New $7.98 $7.98 .0*
COVERS - 5
39 1 Body Repair LIS FRONT WIRE Exist 2.5*
HARNESS
40 1 Body Rem/Rep LIS FUSE BOX AND New $68.45 $68.45 3.0*
COVER
41 1 Body Rem/Rep FUSE BOX New $68.09 $68.09 .5*
BRACKET
2003 INTERNATIONAL 4200/4300/4400
Version 1.91
Database Edition PHT 05-03
TruckEst is a Trademark of Mitchell International
"'1998-2005 Mitchell International, Inc.
All Rights Reserved.
Page 2 of 4
Sup.' 'Seq Qly Labor Labor Description ParI Part List Extended Labor
. . Type Number Price Price Units
Type Op
42 I Body Repair PULL AND Exist 5.0*
SQUARE LIS
BATTERY BOX
AND SLIDER ASSY
43 I Body RemlRep DECALES AND New $250.00 $250.00 1.5'
REFLECTIVE
STRIPES AS
NEEDED
44 I ENG AND TRANS ,
--- OPEN UNTIL
REPAIR
45 I Body ChkI Adj SET UP AND Exist 3.0*
GAUGE FRAME
46 I Frame Repair CORRECT SWAY Exist 8.0*
47 I Frame Repair CORRECT Exist 6.0*
DIAMOND
48 I Frame Repair CORRECT TWIST Exist 4.0*
49 I Frame Repair SQUARE ALL Exist 4.0*
CROSSMEMBERS
AND REMOVE
KINKS
50 I Mech RemlRep ALIGN 2 AXLES New $25.00 $25.00 ,
INC SHIMS
51 Shop Materials $125.00 $125.00 ,
52 I Body Repair INSTALL Exist .5'
DRIVESHAFT
53 1 Mech RemlRep FLYWHEEL New $556.75 $556.75 12.0*
HOUSING
54 I Mech RemlRep TURBO - CORE NO New $1,690.34 $1,690.34 2.5'
GOOD
55 1 Mech Rem/Rep EXHAUST PIPE New $131.34 $131.34 1.0*
FROM TUBO
DOWN INC
CLAMPS
56 I Body RemlRep R/S FRONT ENG. New $61.63 $61.63 ,
MOUNT ASSY
57 1 Body Rem/Rep R/S FRONT CAB New $49.00 $49.00 1.0*
MOUNT
58 I Body Rem/Rep SYN. TRANS New $372.00 $372.00 ,
FLUID
59 Paint Materials $348.40
, - Judgement Item
# - Labor Note Applies
Labor
Body
Refinish
Mechanical
46.2 Hrs @
13.4 Hrs @
27.0 Hrs @
$60.00
$60.00
$60.00
$2,772.00
$804.00
$1,620.00
Parts
Parts Subtotal
Less Adjustments
Parts Total
$13,063.83
$13,063.83
2003 INTERNATIONAL 4200/4300/4400
Version 1.91
Database Edition PHT 05-03
TruckEst is a Trademark of Mitchell International
<<:> 1998-2005 Mitchell International, Inc.
All Rights Reserved.
Page 3 of 4
-
P,ame
tabor Total
22.0 Hrs @ $100.00
$2,200.00
$7,396.00
Additional Costs and Operations
Add!. Costs/Ops Total
Tax
Totals
Sub Total:
Net Total
The above is an estimate based on our inspection and
aoes not cover any additional parts or labor which may
e required after the work has started. Occasionally,
worn or damaged parts are discovered which may not
e evident on the first inspection. Because of this, the
bove prices are not guaranteed. Quotations on parts
nd labor are current and subject to change.
This is a preliminary estimale. Additional changes to Ihe esJimate may be required for Ihe actual repair.
TruckEsI does not automatically include items required by many business repair partners. This applicalion allows
Ihe author 10 manually enter line ilems such as overlap deductions.
2003 INTERNATIONAL 4200/4300/4400
Version 1.91
Database Edition PHT 05-03
TruckEst is a Trademark of Mitchell International
({:)1998-2005 Mitchell International, Inc.
All Rights Reserved.
Page 4 of 4
$558.40
$21,018.23
$21,018.23
Date: 01/30/06
AGENDA ITEM NUMBER:
'6(:)
AGENDA REOUEST
Request to be placed on:
-1L Consent Agenda _ Regular Agenda _ Workshop Agenda _ Special Agenda
When: 02/07/06
Description of agenda item (who, what, where, how much):
Repair of Fire Department vehicle #200460 damaged on 09/09/05. Repair
invoice and related documents (crash report, departmental Accident
Investigation Report, etc) attached.
Department Head Signature: ~ .' ~~
City Attorney Review/Recommendation (if applicable): \.
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: ~No Initials: ;::\<:.
Account Number
551-1575-591-45.50
Description Property Claims
Account Balance: $
Funding Alternatives: N / A
(if applicable)
City Manager Review:
Approved for Agenda: & No Initials:
Hold Until:
r't0
Agenda Coordinator Review:
Received:
MEMORANDUM
TO:
FROM:
MAYOR AND CIlY COMMISSIONERS
mY MANAGERt~
AGENDA ITEM # - REGULAR MEETING OF FEBRUARY 7. 2006
CONTRACT ADDITION /PGAL. INC.
SUBJECT:
DATE:
FEBRUARY 3, 2006
lbis is before Commission to approve the Contract Addition between the City and PGAL, Inc. in the
amount of $17,930.00 for supplementary consulting services required in conjunction with the
development of the Old School Square Parking Garage.
Funding is available from 380-4150-572-63.29 (G.O. Bond/Old School Square Parking Garage).
Recommend approval of the Contract Addition between the City and PGAL, Inc. in the amount of
$17,930.00 for supplementary consulting services required in conjunction with the development of the
Old School Square Parking Garage.
S,\Cily Cluk\ogenda memos\Conttact AdditionPGAL020706
City Of Delray Beach
Department of Environmental Services
MEMORAN
D
u
M
www.mydelraybeach.com
FROM:
David T. Harden, City Manager n ~
Richard C. Hasko, P .E., Environmental Services Director~
TO:
SUBJECT:
OLD SCHOOL SQUARE PARKmGGARAGE
DATE:
February 1,2006
Attached is a proposal from PGAL for supplemental consulting services in conjunction with required
civil site improvements for the Old School Square Parking Garage. When the initial project scope
was composed and the consulting contract was approved, we had not determined how we were going
to relocate the existing sewer lines running through the site. Service to existing upstream customers
must be maintained and accommodations for downstream main relocation anticipated to be required
with future redevelopment needed to be explored. In addition, we have been coordinating with
Florida Power & Light to determine how we were going to handle the relocation of the existing
overhead line running through the site and what alignment and design requirements would be
necessary to accommodate converting lines on NE I st Street from overhead to underground.
We now have a program for proceeding with design for both of these site related preconstruction
activities. The attached contract addition provides for consulting fees to accomplish the recently
established design parameters for site improvements.
The total of fees for this supplemental scope of services is $17,930 with funding available from Parks
& Recreation Bond fund account # 380-4150-572.63-29, Old School Square Parking Garage. Please
place this item on the February 7, 2006 agenda for consideration by City Commission.
Cc: Victor Majtenyi, Construction Manager
I)(HL
January 24, 2006
Old School Square Parking Garage - City P.O. Number: 622200 - City Project Number: 2004-044
City Expense Code: 380-4150-572-63.29
Additional Service Authorization - Civil and Electrical Engineering Services
This Service Authorization, when executed, shall be incorporated in and shall become an integral part of
the professional services agreement referenced above. The changes to the Indicated Scope of Services
described in Exhibit 'A', Service Authorization No.1, dated August, 2004, between the City of Delray
Beach and Pierce Goodwin Alexander & Linville (PGAL), to furnish Professional Design Services for the
Old School Square Parking Garage is identified below and in the attached Craven Thompson &
Associates. Inc. proposal, dated January 23, 2006 and the TLC Engineering proposal, dated January 4,
2006.
Description of Additional Services:
PGAL will manage and coordinate the performance of professional civil and electrical engineering
services required to complete the design, permitting and construction of the utilities, which need to be
relocated due to abandonment of the existing alley and required for of the completion of the Old School
Square Parking Garage project.
Compensation:
The fee for the Additional Services will be a lump sum of $17,930.00. All fees are due and payable as the
work is completed for this service. The breakdown for this service is as follows:
Craven Thompson & Associates, Inc. Proposal
TLC Engineering Proposal
PGAL Manaqement and Coordination Fee
Total
$13,300.00
$3,000.00
$1.630.00
$17,930.00
Completion Date:
The Additional Services will be completed in an expeditious manner.
791 Park of Commerce Blvd. Suite 400 Boca Raton, FI 33487 (T) 561 9884002 (F) 561 9883002
AA 0003337 EB008240
P:\04014.00 ass Parking Garage\OSS Project Phase 3-5\A. Project Management\09 Correspondance\Outgoing\Service
Authorization Civil and Electrical.doc
Page 1 of 2
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This Service Authorization is approved contingent upon the city's acceptance of and satisfaction with the
completion of services rendered. If the city in its sole discretion is unsatisfied with the services provided in
this serVice authorization, the City may terminate the contract without incurring any further liability.
Date:
Consuitant Pierce Goodwin Alexander & Linville (PGAL)
Date: 1/t.dOb
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Approved by:
City of Delray Beach
Mayor
Attest
Attestr
BEFORE ME, the for~oing
Instrument, this :A v
day of --S <;:" ell;, ~.. ,2006,
was acknowledged y Ian A. Nestler
on behalf of the Corporation
and said person executed the
same free and voluntarily
for the purpose there-in
expressed.
~
I
Witness
Witness
Approved as to Legal
Sufficiency and Form
Witness my hand and seal in
The County and State
aforesaid this )..~ L day of
--
.J t.:.h,^" 1'1(' ,2006.
Notary Public
State of Florida
My Commission Expires: 6 - 0 - 0 '1
NOTARY PUBLlC-STlifE OF FLORIDA
~ Jeri Stahl
Commission # DD425454
Expires: JUNE 20, 2009
Bonded Thru Atlantic Bonding Co., Inc.
791 Park of Commerce Blvd. Suite 400 Boca Raton. FI33487 (T) 561 9884002 (F) 561 9883002
AA 0003337 EB008240
P:\04014.00 ass Parking Garage\OSS Project Phase 3-5\A. Project Management\09 Correspondance\Outgoing\Service
Authorization Civil and Electrical.doc
Page 2 of 2
CRI>looIEN lAOMPSON
& ASSOCI~ES INC
Engineers
Planners
Surveyors
5114 Okeechobee Boulevard
Suite 112
West Palm Beach, FL 33417
(561) 688-5010
Fax (561) 68B-1037
Fort Lauderdale
January 23, 2006
Mr. Bruno Phillips _
PGAL r nFr~'1' ,,~~..
791 Poc' of Co_= BWI"..! r ' .. ',,"1
Boca Raton, FL 33487 i, .JAM 2 5",""','1')
RE: OLD SCHOOL SQUA~-I!ARKINGl ARAG
UTILITY RELOCATION
CT&A PROJECT NO. 05-0130-001,,01
CT&A PROPOSAL NO. 2005-170.666 (REV.)
Dear Mr. Phillips:
The firm of Craven Thompson & Associates, Inc. (CTA) is pleased to provide
this proposal for professional civil engineering services required to complete
the design, permitting and construction of the utilities, which need to be
relocated due to the abandonment of the existing alley.
II. ENGINEERING SERVICES
1.1
Utility Relocation Plan (CTA Task No. 31043)
Prepare Construction Drawings for the relocation of the
utilities, which currently exist within the alley to be vacated.
This work does not include Florida Power & Light as they
prepare their own drawings. The planned rerouting is from Ihe
southern limits of the alley, west to NE 1;< A venue, north to NE
1" Street, and east to the Alley way intersection_
Lump Sum..................... .......... .._................_ $9,000.00
1.2 Franchised Utility Coordination (CTA Task No. 31110)
Provide coordination with franchise utility companies including
Florida Public Utilities (gas), BellSouth, Adelphia and Florida
Power & Light (FPL) services into the site, easements and
utility relocations.
Hourly, Estimated Budget ................................ $2,500.00
1. 3 Prepare and Process Permit Applications (31080)
Prepare and process the applicable engineering permit
applications as required for the development of the project
inclusive of City of Delray Utilities Department and Palm
Beach County Health Department.
Lump Sum...................,...... '....................... $i,800.oo
TOTAL ENGiNEERING SERVICES.................... $13,300.00
*Includes Hourly Budget Estimates
*Work Authorization is needed ASAP.
*Construction related services are not part of this additional services scope.
-
OPTIONAL ADDITIONAL SERVICE AGREEMENT
PROJECT NAME: Old School Square Parking Garage
TlC PROJECT No. 604036
OWNER: City DI Delray Beach
DATE: January 4,2006
CLlENTIARCHITECT: PGAL
TlC Engineering lor Architecture. Inc. (TlC) is proceeding with providing optional addilional services as
described below per paragraph Additional Services of the agreement ("Agreement") betlNeen PGAL and TLC
dated October 7, 2005.
Additional Services DescriDtion:
Provide Electrical site utility design based on the discussion in the meeting with City of Delray Beach and FP&L
on December 19. 2005.
The fee for these additional services is
Option 1: Coordinate, show and specify the required underground duct bank for FP&L lines on south
side of property and through park area. $1500
Yes_ No_
Option 2: Coordinate, show and specify the required underground duct bank for FP&L lines on south
side of property and through park area. Also include the FP&L required splice boxes and pad
for switchgear with associated enter & axit conduit duct banks. ~3000
Yes~. No_
Authorization by PGAL to proceed with this change in the Agreement for these optional additional services
constitutes a commitment by PGAL to pay the TLC fee and represents that aulhorlzation has been received by
PGAl from its clienVowner.
Please affirm or deny authorization to proceed with these optional additional services by checking the appropriate
box, signing below and faxing TLC this notice within two (2) days of the above date.
Yours truly,
TLC ENGINEERING FOR ARCHIT
I
~~~=~~====~~=~==-~===~-~====-=====~=====;===========-=====.=====
TLC is authorized U IS not authorized U to procaed with the above-described additional services:
PGAL
By:
Print Name and Title
Date
aOi:umen\::C:
0\1\':14
TLC ENGINEeRING FOr:! ARCI-IITECTUR.E, INC.
aoo Fairway Drive. Suite ~50. Deerfleld Seach, FL 334111-1816
Phone 954.418.9096 www.tle-enginl;l:ers.com Fax 954.418,9296
AGENDA ITEM NUMBER: ~
AGENDA REQUEST
Date: February I, 2006
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda
When:
February 7, 2006
Description of agenda item:
Staff renuests Commission approval of a contract addition for PGAL in the amount of $17.930 for
sunolementary consultine: services reauired in conjunction with the develooment of the Old School Sauare
Parkin!! Garaee. Desien parameters have recently been established for site utility relocation and utility
service orovision. This oronosal nrovides for consulting: fees to oroceed with desien of the site related
improvements. Funding is available in Parks & Recreation Bond account #380-4150-572-63.29. Old School
Snuare Parking Garage.
ORDINANCElRESOLUTION REQUIRED:
Draft of Resolution Attached:
YES
YES
NO
NO
x
X
Recommendation:
"L-koy
Department Head Signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recornmendation (if applicable):
Budget Director Review
(required on all items involving expenditure of funds):
Funding available: 6)
Funding alternatives (if applicable):
(ft
No
Account Number:
380 -"l/S-b' 5'72.63 - 2 ')
ad 5UUJj)( S(jL-L~
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Account Description:
Account Balance:
City Manager Review:
Approved for Agenda:
8
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No
Hold Until:
Agenda Coordinator Review:
Received:
Action:
Approved:
Disapproved:
P.O.#
AGENDA ITEM NUMBER:
MEMORANDUM
TO:
FROM:
MAYOR AND CIlY COMMISSIONERS
CflYMANAGER~
AGENDA ITEM - REGULAR MEETING OF FEBRUARY 7. 2006
EMERGENCY CONTRACT AWARD/CHAZ EOUlPMENT. INC.
SUBJECT:
DATE:
FEBRUARY 3, 2006
This is before the Commission to approve an emergency contract award to Chaz Equipment, Inc. in
the amount of $139,500.00 for emergency sewer main repairs at Lift Station #58 located on the south
side of the Lakeview Golf Course adjacent to Shadywoods.
Funding is available from 442-5178-536-63.51 (Water/Sewer Renewal & Replacement Fund/Sewer
Mains).
Recommend approval of the contract award to Chaz Equipment, Inc. for emergency sewer main
repairs at Lift Station #58.
S,\Gty CIetk\ogenda memoo\Conttact AwudChazEqwpment 02.07.06
City Of Delray Beach
Department of Environmental Services
M E M 0 RAN
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TO:
wl11W.mydelraybeach.com
David T. Harden, City Manager /J /'
Richard C. Hasko, P.E., Environmental Services Director~
FROM:
SUBJECT:
LIFT STATION #58 EMERGENCY SEWER REPAIR
DATE:
February I, 2006
On January 23, 2006, utility maintenance staff responded to a call from a resident regarding
noticeable settlement around the wet well and adjacent manhole structures at Lift Station #58 located
on the south side of the Lakeview Golf Course adjacent to Shadywoods. Upon inspection of the
facility, the settlement was identified as the typical result of subsurface line failure. Investigation of
the upstream systems indicated a surcharged condition. In view of the evident line failure at the lift
station and the system surcharge levels, Chaz Equipment was contacted to assist City staff in
installing a bypass pumping system to relieve surcharged flows until a permanent repair could be
made.
Attached is an email from our Water/Sewer Network Manager, Scott Solomon, briefly describing the
anticipated scope of work needed to accomplish repair of the broken main. Also attached is a quote
from Chaz Equipment in the amount of $139,500 based on their current contract with the City of
Boca Raton for wastewater collection system rehabilitation to accomplish the required sewer repairs.
Given the depth of the failed main and the need to maintain flows during the repair activities, this
proposal is considered equitable for the scope of work to be performed.
Staff requests Commission approval of an emergency contract award to Chaz Equipment in the
amount of $139,500 for repair of the sewer main break at lift station #58. Funding for this expense is
available in Water & Sewer R&R Fund account #442-5178-536-63.51, Sewer Mains, after budget
transfer. Please place this item on the February 7, 2006 agenda for consideration by City
Commission.
Cc: Scott Solomon, Water/Sewer Network Manager
Page 1 of 1
Hasko, Richard
From: Solomon, Scott
Sent: Friday, January 27,200612:12 PM
To: Hasko, Richard
Subject: Sewer Repair US 58
Richard:
I have received a fax from Chaz Equipment, pigging backing the City of Boca Raton's
Wastewater Collection System Rehabilitation contract for the sewer repair and M/H
replacement at LIS 58 for the sum of $139,500. The manholes are 21ft in depth, the area will
have to be sheeted, well points will have to be done in two (2) stages, and the forcemains will
have to be placed on by-pass, as well as the Shady Wood Subdivision. This is to include
mobilization, asphalt pavement removal/replacement, and sod replacement
Presently the Lakeview Dr. area is on emergency by-pass.
Scott W. Solomon
1/3012006
FROM' : a-lAZ EQU I PI'ENT CO., INC.
FAX NO. :5613332180
Jan. 25 2006 04:35PM P2
Emergency Sanitary Manhole/Piping repair at Lift Station 58 (Shadywoodl)
CIty of Del"'y Beach SUbmitted JIIlllJOI)' 26, 2008
Altn: Mr. Scott SolOmon
434 S. Swlnton Ave
Delray Beach, FI 33444
Please find below our prope.sl for the tum-key rapair for the work at Lift Slation 58
I c:."; I D~ ED Un._ Tmal
..... 1: "....1' Uftllla1lon ItA'S )
- Mobll-.. 1 LI 1.000.00 S 1,000.00
-- I LS
- 1 LS
1'MorIlIInM"'~1IDncI NIC
'MIoIDllllll""", 1 LS
-.-,"' I
--- I LS
".^-...
D-23 ~Ir 4' dill MH (14' oj. lIMp) 1 !a 3UOO.00 . 35,DOO.OO
11-23. C.....R Iar pncaat 1 Ell 4,000.00 S (3,000.00)
D40 Rat>>Jr 4' dII dJOp connection MH (14' +/. deep) 1 Eo 40,000.00 . 40,000.00
....-.
11-31H1 C.....111ar .......1 1 E. ",000.00 S (4,000,00)
.. C.tOOPIpe "-p".m.nl (1'-20) - MH 1o'""'\Wi,"'" "_"_.n~
- SO LF 200.00 S 11,000.00
MHIoMH.MH_ -
0-31 W..... In NO' rant _'n! (110... D17lhrouglt 2 Eo '.000.00 . 12,000.00
D30) --...... _.----
11-32 .y_ pumping (I-Inch and 10-1nc11_). 14 dlY' 500,00 $ 7,000.DO
11-31 Fo.... Main ar- piped 10 nut MH(up 10 10" 10 days 500.00 S 1,000.00
In dl. up 10 I' In c1aplh)
.~-_._..~, 7,100.00 I
D-37 ""'phall Pa..m.nl Remov.' I Repl..._t 100 IV 71.00 .
._..- .'...._" ..--.-.. ..-
11-42 Sod Rep......n! UOO ,f 7.00 $ 17,100.00
D.... UohDur Emerg.nCy Moblllullon 1 .. 2,100.00 S 2,100.00
$ 139,500.00 I
NOf8O' Al roop.ctl.. pricing In eccordanco wItl1 City of Bcca Raton C.ntrccl .71-02-007 , ~id N.. 2OQ4-001tcr 'Wa'tM.ter
Ccllacllon System Reh.blIIt.Ucn", Group D M.nhole Ropol~ .nd Replacement (... attached)
RUjlOClIuIIV SUbmllled,
G.'Y Cz.Jkowskl, Prelldant
FROM: CHAZ EQU [PI'ENT CO., INC.
12-15-'0513:15 FROM-
FAX t-D. : 5613332180
Jan. 25 20Iil6 04: 35PM P4
l-~I r~'~/~~~ r-~G
~~o/~ou.z,~
CITY HALL' 201 WEST PALMETTO PARK ROAD' BOCA flATON. FLORIDA 33433-3785 . PHONE, (eSl) 393-7700
(FOR HEARING IMPAIRED) TOO: (661) 3111.7048
SUNCOM: ("11 "3-7700
INT&RNET' _.ci.lIac:a-mon.n.ua
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December 15, 2005
...
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Mr. Gary CZl8kOWBki
Chu Equipment Co. lno.
3480 Fairtane Farms Road, SLllte 8
WenlnQton, FL 33314
SUBJIOCT= Bid No. 2004-01l1, WlI8tew8ter Collection Syltem Rehabilitation, Renewal Term '1
Dear Mr, CZllkawski;
This correspondence ill being sent to you as a cour1ely ,.mlndlng you that pun;uant to the Generlll
Conditions, Contract TermlRenewaJ, Item 2-5 of the above ILlbject bid, this contract Is Intended to be
automaticall ren r another one ear eliod from 410 ,at the same terms,
conamons and pricel, Approval to a nds to thll bl award for 8. needed project wor1< for fiscal yllar
200512006 funding Is tentatively IIcheduled for the January 10, 2008 City Council meeting.
Please update your records to retl8ct a change in the project managar to John Sfiropoulos, Field
Operations Manager, 581-338-7382. At this time, the project manager wfll be verlfylng thllt IlII insurance
certificates are up to date and on file.
Please sign and fax back to 581-393-7983 by December 21, 2005 to acknowledge receipt of this notice.
KLlnkel, OPPB
Sr. BLlyer
c: Bid 2004-061
John Sfiropouloll
"
V I hereby acknowledge this notice and agree to a one year extension of the subject Bid as
identifi d herein,
lKlge this notice and Intend on proceeding with exeroi1ling the cancellation claLlse
the General Conditions. A A
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Slgnatute
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Lift Station #58
Sewer Line Repairs
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AGENDA ITEM NUMBER: ~
AGENDA REQUEST
Date: February I, 2006
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda
When:
February 7,2006
Description of agenda item:
Staff reauests Conunission 8oDroval of an emere.encv contract award to Chaz Eauioment in the amount of
$139.500 for construction of emergencv sewer main reoairs at lift station #58 located on the south side of the
Lakeview Golf Course adiacent to Shadvwoods. Funding is available in water & sewer R&R account #442-
5178-536-63.51. Sewer Mains. after budget transfer.
ORDINANCEfRESOLUTION REQUIRED:
Draft of Resolution Attached:
YES
YES
NO
NO
x
X
Recommendation:
Staff recommends
'2--1- o\.>
Department Head Signature:
Determination of Consistency with Comprehensive Plan:
City Attorney ReviewlRecommendation (if applicable):
Budget Director Review
(required on all items involving expenditure of funds):
Funding available: g
Funding alternatives (if applicable):
U{
No
Account Number:
'-fV:Z-~ntJ'-S-3t," t,S-S-/
S .ewe/' H t:t..Ln s
~/tf!)/()O D (a/,iu ""Jt:./ )
&/
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:
MEMORANDUM
TO:
MAYOR AND CIlY COMMISSIONERS
CIlY MANAGER~
AGENDA ITEM # ~ - REGULAR MEETING OF FEBRUARY 7.2006
CHANGE ORDER NO. l/FINAL PAYMENT/ROSSO PAVING &
DRAINAGE. INC.
FROM:
SUBJECT:
DATE:
FEBRUARY 3, 2006
lbis is before Commission to approve Change Order No. 1 between the City and Rosso Paving &
Drainage, Inc. in the amount of $12,073.06 and Final Payment in the amount of $16,634.08 for the
completion of the Bus Shelter Concrete Pads Project.
Funding is available from 334-3162-544-65.70 (General Construction Fund/Transit Stop Bus
Shelters) .
Recommend approval of Change Order No. 1 between the City and Rosso Paving & Drainage, Inc. in
the amount of $12,073.06 and Final Payment in the amount of $16,634.08 for the completion of the
Bus Shelter Concrete Pads Project.
S,\City Clerk\agenda memos\CO Rosso 020706
City Of Delray Beach
Department of Environmental Services
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www.mydelraybeach.com
TO:
DAVID HARDEN, C~~ager
VICTOR MAJTE~struction Manager
FROM:
SUBJECT:
BUS SHELTER CONCRETE PADS (PIN 2002-052.1)
Agenda Request; Change Order #I/Final and Final Payment
DATE:
JANUARY 30, 2006
Attached is an Agenda Request for City Commission to approve closeout Change Order #]/Final, in the
net add amount of $12,073.06, and final payment in the amount of $]6,634.08 to Rosso Paving and
Drainage, Inc. for completion of the Bus Shelter Concrete Pads project (PN 2002-052.]). This change
order is for miscellaneous changes due to field conflicts and field relocations of shelters. All changes for
the project are itemized on the attached Schedule A to Change Order #1, Final.
Staff recommends the City Commission approve Change Order #llFinal in the net add amount of
$12,073.06 and final payment in the amount of $16,634.08 to Rosso Paving and Drainage, Inc. for
completion of the Bus Shelter Concrete Pads project.
Funding is available from account 334-3162-544-65.70, General Construction Fundi Transit Stop Bus
Shelters. A Contractor Evaluation is also attached.
cc: Richard Hasko; Director of ESO
Randal Krejcarek; City Engineer
Rafael Ballestero; Dep. Director of Construction, ESO
City Clerk's Office
Agenda File 02/07/06
File 2002-052.1 (A)
S:\EngAdmin\Projects\2002\2002-052.1\Construction\Agd mem CO#l Fin Rosso 02.07.06.doc
CITY OF DELRA Y BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE NO.
PROJECT TITLE:
IlFinal
PROJECT NO. 02-052.1
DATE:
Bus Shelter Concrete Pads
TO CONTRACTOR: Rosso Paving & Drainage, Inc.
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR
THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND
COVENANTS.
JUSTIFICATION:
Complete changes to project per the attached "Schedule A".
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER
COST OF CONSTRUCTION CHANGES THIS ORDER
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER
PER CENT INCREASE THIS CHANGE ORDER 8.05 %
TOTAL PERCENT INCREASE TO DATE 8.05 %
$149,947.50
$0.00
$149,947.50
$12.073.06
$162,020.56
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.
Rosso Paving & Drainage, Inc.
(Contractor to sign & seal)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Funding is available from accounts: 334-3162-544-65.70 ($12,073.06).
DEPARTMENT
FUNDING
CERTIFIED BY
DELRA Y BEACH, FLORIDA by its City Commission
RECOMMEND:
By:
Environmental Services
Mayor
APPROVED:
ATTEST:
By:
City Attorney
City Clerk
S:\EngAdmin\Projects\2002\2002-052.1\Construction\CO# I Fin Rosso 02.07.06.doc
SCHEDULE A
BUS SHELTER CONCRETE WORK
Project # 2002-052
Re Bid # 2005-04
Change Order #1/Final
Rosso Paving & Drainage, Inc.
Contract Award Contract to Date
ITEM EST. UNIT ACT. UNIT
No. DESCRIPTION UNIT QUAN. PRICE TOTAL QUAN. PRICE TOTAL Difference
1 Maintenance of Traffic LS 1 $22.750.00 $22.75000 1 $22.750.00 $22.75000 $0.00
2 Cleari-;:;-and Grubbin; LS. 1 $38.000.00 $38.00000 1 $38.00000 $38.00000 $0.00
3 4" Thick - 5' Concrete Sidewalk S.F. 6.500 $5.50 $35,750.00 7,238 $5.50 $39.809.00 $4,059.00
4 6" Thick - 5' Concrete Sidewalk S.F. 450 $17.75 $7,987.50 350 $17.75 $6,212.50 ($1,775.00
5 8" Thick- 6' X 14' Concrete Slab S.F. 4,000 $7.95 $31,800.00 4,019 $7.95 $31,951.05 $151.05
6 Concrete curb and~tter FDOT--;:;; "F" LF. 250 $29.00 $7,250.00 249 $29.00 $7,221.00 1$29.00
7 PrOTect S~ E.A. 4 $500.00 $2,000.00 4 $500.00 $2,000.00 $0.00
8' Utiljhl Allowance LS. 1 $4,000.00 $4,000.00 0 $4,000.00 $0.00 ($4,000.00
9 Video Allowance LS. 1 $400.00 $400.00 1 $400.00 $400.00 $0.00
10 Indemnification LS. 1 $10.00 $10.00 1 $10.00 $10.00 $0.00
TOTAL AWARD $149,947.50 $148,353.55 ($1,593.95)
*Miscellaneous Chan"'es
C1 Bus Shelter #4 ~ removed 35 LF of LS. 0 $195.92 $0.00 1 $195.92 $195.92 $195.92
additional sidewalk.
C2 Bus Shelter #2 ~ removed 6 LF of L.S. 0 $100.00 $0.00 1 $100.00 $100.00 $100.00
additional sidewalk.
C3 Bus Shelter # 15 - relocated 2 conflicting LS. 0 $273.25 $0.00 1 $273.25 $273.25 $273.25
signs.
C4 Bus Shelter # 16 - relocated shelter pad to LS. 0 $279.31 $0.00 1 $279.31 $279.31 $279.31
new location.
C5 Bus Shelter #44 - eliminate shelter pad LS. 0 $175.00 $0.00 1 $175.00 $175.00 $175.00
and backfill area alreadv cleared.
C6 Furnish & install 8"x 8" trench drains at LS. 0 $8,100.00 $0.00 1 $8,100.00 $8,100.00 $8,100.00
two shelter nad locations.
C7 Relocated shelters #'s 39, 7, & 8. LS. 0 $1,818.23 $0.00 1 $1,818.23 $1,818.23 $1,818.23
C8 Shelter@ SW 4th St & Swinton; LS. 0 $844.00 $0.00 1 $844.00 $844.00 $844.00
additional aradina, excavation and sod.
C9 Cone. Repair at three locations LS. 0 $1,881.30 $0.00 1 $1,881.30 $1.881.30 $1,881.30
TOTAL CHANGES $0.00 $13,667.01 $13,667.01
$149,947,50 I
$162,020.56 I
TOTAL CONTRACT TO DATE
Contract Award
Previously Approved Changes
Award to Date
Contraclto Date
Chango Ordor#lfFinal
$149,947.50
$0.00
$149,947.50
$162,020.56
$12,073.06
1130/2006
Agenda Item NO.:~
AGENDA REQUEST
DATE: January 30, 2006
Request to be placed on:
-L Regular Agenda
_ Special Agenda
_ Workshop Agenda
WHEN: February 7.2006
Description of item (who, what, where, how much):
Change Order #1/Final in the add amount of $12,073.06 and a request for final payment in the amount of
$16,634.08 to Rosso Paving & Drainage, Inc. for the completion of Bus Shelter Concrete Pads project,
PIN 2002-052.1. This change order is for miscellaneous changes due to field conflicts and field
adjustments.
Funds are available from account 334-3162-544-65.70, General Construction Fund/ Transit Stop Bus
Shelters.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Approve Change Order #1/Final and final payment to Rosso Paving & Drainage,
Inc. for the above ref~er ed project. J1Z
Department Head
Signature: 4 I ~ 31 - d"
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 ~NOf)k
Funding alternativt7
Account No. & Description
Account Balance
See above
See above
Qf applicable) Ti' r~
33'-1-.51 2 ~~1j . .CN--7() lal1Sd ,p'O[}
43 37 &S~11Pi
CTnl py-litnli S .
City Manager Review: Q , J\
Approved for agenda: ey:>/NO rtlv I
Hold Until: {, .
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
file 2002-052.1 (A)
S:\EngAdmin\Projects\2002\200Z.052.1\Construction\Agnd req COOl Fin Rosso 02.07.06.doc
MEMORANDUM
TO:
FROM:
MAYOR AND CI1Y COMMISSIONERS
CI1Y MANAGER [fj1J~
AGENDA ITEM # <t\ - REGULAR MEETING OF FEBRUARY 7. 2006
CHANGE ORDER NO. 2 (CONTRACT ADDITION)/RANGER
CONSTRUCTION.INC.
SUBJECT:
DATE:
FEBRUARY 3, 2006
lbis is before Commission to approve Change Order No, 2 (Contract Addition) in the amount of
$71,739.00 to Ranger Construction, Inc. for the Miller Park Parking Lot Resurfacing.
Funding is available from 551-1575-591-45.50 (Insurance Fund/Property Claims/Miller Park Parking
Lot Restoration).
Recommend approval of Change Order No.2 (Contract Addition) in the amount of $71,739.00 to
Ranger Construction, Inc, for the Miller Park Parking Lot Resurfacing.
S:\City Clerk\agenda memos\CO 2 CA Ranger Miller Park Parking Lot 020706
City Of Delray Beach
Department of Environmental Services
MEMORAND
U M
www.MyDelrayBeach.com
David T. Harden, City Manager
Rafael Ballestero, Deputy Director of Construction f:.-'l!;r
January 31, 2006
SUBJECT: 2005 Resurfacing Project # 2005-037
Change Order #2, Contract Addition for Miller Park restoration
The attached agenda item is for Commission approval/authorization for Change Order #2
(Contract Addition) to Ranger Const., Inc. for the restoration of Miller Park after hurricane Wilma.
Miller Park was used as a debris removal and storage site after the hurricane.
TO:
FROM:
DATE:
Attached is a quotation from Ranger Construction in the amount of $56,739.00 for the resurfacing
and re-striping of the parking lot. Included in this quotation is a unit price of $250.00 per ton for
patching prior to resurfacing. They did not include a quantity, since it is difficult to quantify this.
Included in this request is an allowance of $15,000.00 (60 tons @ $250.00) for said patching. The
total anticipated amount for patching and resurfacing is $71, 739.00.
Staff recommends approval of Change Order #2 to Ranger Construction for the Miller Park
restoration in the amount of $71,739.00.
Funding is available from account # 551-1575-591-45.50, Insurance Fund / Property Claims -
Miller Park Parking Lot Restoration.
Please place this on the February 7, 2006 Commission Agenda.
enc
ce: Richard Hasko, P.E., Director of Environmental Services
Joseph Safford, Finance Director
Joe Weldon, Parks & Recreation Director
Victor Majtenyi, Construction Manager
City Clerk
file
S:\EngAdmin\Projects\2005\2005-037\CONSTRCT\02.07.06 agenda memoCQ#2.doc
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE NO. 2 (Contract Addition) PROJECT NO. 2005-037 DATE:
PROJECT TITLE: 2005 Street Resurfacing
TO CONTRACTOR: Ranger Construction, Inc.
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR
THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND
COVENANTS.
JUSTIFICATION:
Add the restoration I resurfacing of Miller Park parking lot (after hurricane Wilma) to the contract.
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER
COST OF CONSTRUCTION CHANGES THIS ORDER
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER
PERCENT INCREASE THIS CHANGE ORDER 17.71 %
TOTAL PERCENT INCREASE TO DATE 17.71 %
TOTAL CONTRACT TIME WILL BE INCREASE BY 0 DAYS.
$112,948.50
$220.295.95
$333,244.45
$71.739.00
$404,983.45
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.
Ranger Construction, Inc.
(Contractor to sign & seal)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Funding is available from account:
551-1575-59145.50 Insurance Fund / ProoerlY Claims. amount $71.739.00
DEPARTMENT
FUNDING
CERTIFIED BY
DELRA Y BEACH, FLORIDA by its City Commission
RECOMMEND:
By:
for Environmental Services
Mayor
APPROVED:
ATTEST:
By:
City Attorney
City Clerk
S:\EngAdmin\Projects\2005\2005-037\CONSTRC1\C02 Ranger Const doc -02.07.06.doc
18-JAN-06 02:56P~ FROM- Ranier Construction Industries, Inc.
561-790-4992
T-912 P.02/02 F-585
Central Division
101 SanSbury's Way
West Palm Beach, FL 33411
Phone: (561) 793-9400
Fax: (561) 790-4332
W\ItNI. ranoerconstruction.com
QUOTATION REQUEST
submitted To: City of Defray Beach
Address:
434 S. Swinton Avenue
Delray Beach, Florida 33444
Date:
Phone:
Fax:
Job Name:
1S-Jan-D6
(561) 243-7320
(561) 243-7314
Miller PliIrk @ Delray Beach
Contact:
Rafael C. Ballestero
Job Location: City of Delray Beach
Prop. OWned By;
I
MILLER PARK @ DELRA Y BEACH
ITEM No,
DESCRIPTION
QUANTITY UNIT UNIT PRICE EXTENSION
9,540.000 SY $5,35 $51.039.00
1,000 LS $5,700.00 $5,700.00
ESTIMATED SUBTOTAL! $56,739.001
EA $20.00
TN $250.00
10
1" Sill ASPHALT OVERLAY
RE-STRIPING
20
30
40
NEW CARSTOPS (INSTALLED)
LEVELING AND PATCH WORK
BEFORE THE OVERLAY
Soecial Notersl:
1) Prices valid for work to be completed by June 2006
2) As the original base was designed and previously installed by others, Ranger cannot guarantee this asphalt surfacing
against possible future craoking, settlement, drainage problems, minors birdbaths or root heave by adjacent plant
materials. We do, however, guarantee our own work against all defects in materials and workmanship for a period of
one year. This guarantee does not apply to the emergence of grass or other plant material through the asphalt layer.
3) Asphalt quantity based on an average yield of 110 Ib/Sy of Laydown.
4) Prioerron (Patch WOrk) includes all the site preparation (sawcut, removal, disposal and patch asphait back)
5) Permit fee is obligation of the client.
ACCEPTED:
CONFIRMED:
Ranger Constrlletion Industries, Inc.
TOft above prIcti, ~1Sr'\5.ane cot'lCl~Dl"II are aal!5TlKlI:ory ai'll:! <lire ~ a=epl8d.
Buyer
Authorized
Big nature
~1~ kOrorl!J
Signature
Date Accepted
Name & Title
BeatriZ Ramireo::, E$timlltor
Page 1 of 1
Date: Januarv 31. 2006
AGENDA ITEM NUMBER~
Q
AGENDA REQUEST
Request to be placed on:
_Consent Agenda J Regular Agenda _Workshop Agenda _Special Agenda
When: February 7. 2006
Description of Agenda Item (who, what, where, how much):
The attached agenda item is for Commission approval/authorization for Change Order #2 (Contract
Addition) to Ranger Cons\., Inc. for the restoration of Miller Park after hurricane Wilma. Ranger
Construction currently has the contract for the 2005 and 2006 Resurfacing, and we wish to add the
Miller Park restoration work to their contract.
Funding is provided from account # 551-1575-591-45.50, Insurance Fund / Property Claims -
Miller Park Parking Lot Restoration.
Staff Recommendation: Aoorove ~~
Department Head Signature: ( .
t..-/- ulo
City Attorney ReviewlRecommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available/QNo InitialsLtt _ .
Account Number See above r5S-/ -/~ 7<;- )'9/. <f:;--56
Pl7JpUl ~ (!) a-i n'l8 )
IlJ / A('iiJml7/Ar[;t:-bL-L
(if applicable)
Description
See above
Account Balance:
See above
Funding Alternatives:
City Manager Review:
Approved for Agenda: 5)/ No Initials: /.71'1
Hold Until:
Agenda Coordinator Review:
Received:
S:\EngAdmin\Projects\2005\2005-037\CONSTRCT\02.07.06 agenda requestC0#2.doc
MEMORANDUM
TO:
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER tJI'/)
AGENDA ITEM # <t \l.. - REGULAR MEETING OF FEBRUARY 7.2006
CHANGE ORDER NO. 1 (CONTRACT ADDITION.)/CATALFUMO
CONSTRUCTION. LTD.
SUBJECT:
DATE:
FEBRUARY 3, 2006
1bis is before Commission to approve Change Order No. 1 (Contract Addition) to the
Preconstruction Services Agreement between the City and Catalfumo Construction, Ltd. in the
amount of $50,000.00 to provide a required financial commitment for reserving a precast
manufacturing date for structure components.
Funding is available from 380-4150-572-63.29 (G.O. Bond/Old School Square Parking Garage),
Recommend approval of Change Order No, 1 (Contract Addition) to the Preconstruction Services
Agreement between the City and Catalfumo Construction, Ltd, in the amount of $50,000.00 to
provide a required financial commitment for reserving a precast manufacturing date for structure
components,
5:\Oty Clerk\agenda memos\Contract Addition COt Catalfumo 020706
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
v
FROM:
Richard C. Hasko, P.E., Environmental Services Director
SUBJECT:
PRECONSTRUCTION SERVICES CONTRACT ADDITION
OLD SCHOOL SQUARE PARKING GARAGE
DATE:
February 2, 2006
As we refine the construction schedule for the proposed parking facility at Old School Square, critical path
activities that will determine the achievement of project milestones have come into clearer focus. Currently,
we are concentrating on two preconstruction activities that must occur to expedite scheduling goals. The
first is the Florida Power & Light coordination necessary to relocate and bury overhead lines along the south
side ofNE 1st Street and through the north/south alley bisecting the garage site. We have spent a lot of time
reviewing various alternatives for power line burial and facility power service requirements. The current
proposal for FPL facility locations provides the best combination of cost effectiveness for the City and ease
of maintenance for FPL. At this time, with FPL working on alignments and associated easement
requirements for the underground facilities, this process is on track to dove tail with other site construction
work.
The second and more critical activity is coordination with the precast manufacturer for the timing of
construction of the precast components that will be used in the bulk of the construction of the facility. We
currently have an opportunity to schedule the precast manufacturing in April with an approximate three
month lead time for delivery. This date is being made available to us through our Construction Management
firm, Catalfumo Construction. Catalfumo has a parking garage that is being designed for one of his own
developments that is scheduled for the April floor space at the precast facility. He is offering to delay his
schedule to accommodate ours. The next available date that Catalfumo controls for precast work is in
September. It should be noted that without this consideration, precast scheduling with the manufacturer
would not be available until early 2007 due to current demand. In order to lock in the April date for precast
manufacturing, the precast manufacturer requires a financial commitment. Construction plans for the
facility are due for completion in early March with a final GMP anticipated in April. While the current
precast estimate for the project totals approximately $6.8 million, Catalfumo has advised us that a financial
commitment on the magnitude of $50,000 will hold the space for us until the GMP is established and final
contract awarded.
Based on the foregoing discussion, staff is requesting Commission approval of a Contract Addition in the
amount of $50,000 to the existing agreement with Catalfumo Construction for Preconstruction Services for
the Old School Square Parking Garage. This will enable Catalfumo to extend the required financial
commitment to the precast manufacturer on the City's behalf.
Funding for this addition is available in Parks & Recreation Bond fund account # 380-4150-572.63-29, Old
School Square Parking Garage. Please place this item on the February 7, 2006 agenda for consideration by
City Commission.
Cc: Victor Majtenyi, Construction Manager
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE NO.
PROJECT TITLE:
1
PROJECT NO. 04-044
DATE:
Old School Square Parking Garage
TO CONTRACTOR: CataIfumo Construction, LId
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR
THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND
COVENANTS.
JUSTIFICATION:
Add the following scope of work to the contract:
To provide a financial security to the pre-cast supplier. This will confirm a commitment for starting fabrication in April 2006
to meet the project schedule.
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER
COST OF CONSTRUCTION CHANGES THIS ORDER
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER
PER CENT INCREASE THIS CHANGE ORDER 38.6%
TOTAL PER CENT INCREASE TO DATE 38.6 %
$129,596.81
$0.00
$129,596.81
$50.000.00
$179,596.81
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.
Catalfumo Construction, Ltd.
(Contractor to sign & seal)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Funding is available from accounts: 380-4150-572-63.29 ($50,000.00).
DEPARTMENT
FUNDING
CERTIFIED BY
DELRA Y BEACH, FLORIDA by its City Commission
RECOMMEND:
By:
Environmental Services
Mayor
APPROVED:
ATTEST:
By:
City Attorney
City Clerk
C:\Documents and Settings\hasko\Local Settings\Temporary Internet Files\OLK77\CO#l Catalfumo 02.02.06.doc
AGENDA ITEM NUMBER: ~
AGENDA REQUEST
Date: February 2, 2006
Request to be placed on:
~ Regular Agenda
Special Agenda
Workshop Agenda
When:
February 7,2006
Description of agenda item:
Staff reauests Commission aooroval of a contract addition for the Catalfumo Construction Preconstruction
Services Al!Teement for the Old School Sauare Parkin!! Garae:e in the amount of $50.000 to orovide a reQuired
financial commitment for reserving a orecast manufacturine: date for structure components. Fundi"!! is available
in Parks & Recreation Bond account #380-4150-572-63.29. Old School SQuare Parking Garage.
ORDINANCE/RESOLUT10N REQUIRED:
Draft of Resolution Attached:
YES
YES
NO
NO
x
X
Recommendation: Staff recommends ~
Department Head Signature: ~L.--..4a
'Z.-l...-oh
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: G
Funding alternatives (if applicable):
thl
No
Account Balance:
3 B 0 - VI52J -!)7 2 {, 3 .. 2 J
vir;{ Sch..e;U! 5gwu..>-
$&;727, 1/0/
Account Number:
Account Description:
City Manager Review:
Approved for Agenda:
(3/
~
No
Hold Until:
Agenda Coordinator Review:
Received:
Action:
Approved:
Disapproved:
P.O. #
AGENDA ITEM NUMBER:
MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # ~ - REGULAR MEETING OF FEBRUARY 7.2006
CHANGE ORDER NO. 6 (CONTRACT ADDITION)/ASPHALT
CONSULTANTS.INC.
TO:
SUBJECT:
DATE:
FEBRUARY 3, 2006
This is before Commission to approve Change Order No, 6 (Contract Addition) between the City and
Asphalt Consultants, Inc, in the amount of $112,026,00 (Option B) for the relocation and
replacement of the existing 6" water main on the north two blocks of the N.W';S.W. 5th Avenue
Improvements Project.
Funding is available from 442-5178-536-63,50 (Water & Sewer/Renewal/Replacement/Water Mains).
Recommend approval of Change Order No. 6 (Contract Addition) between the City and Asphalt
Consultants, Inc, in the amount of $112,026,00 (Option B) for the relocation and replacement of the
existing 6" water main on the north two blocks of the N.W./S.W. 5th Avenue Improvements Project,
S:\City Clerk\agenda memos \CO Contract Addition Asphalt Consultants NW SW 5. Ave Improv 020706
City Of Delray Beach
Department of Environmental Services
M
E
M
o
R
A
N
D
u
M
www.mydelraybeach.com
FROM:
David Harden, City Manager
Rafael Ballestero, Deputy Director for Construction ~
TO:
SUBJECT: N.W.! S.W. 5TH AVENUE IMPROVEMENTS (PIN 2003-037)
Change Order #6, Contract Addition
DATE: FEBRUARY 1,2006
Attached is a request for the City Commission to approve Change Order #6 (Contract Addition) to Asphalt
Consultants, Inc., for the relocation and replacement of the existing water main pipe on the two north blocks
of the project. During construction it was discovered that the elevation and location of the water main pipe
conflicts with other improvements. This pipe needs to be lowered to resolve conflicts with other
improvements, and relocating its location will greatiy benefit its accessibility for future repairs and
maintenance without affecting the terrazzo which will be in place. Different options were considered for
remediation of this issue.
First (Option A) is to replace the existing 6"water main and upgrade it with an 8" water main and revise its
location to improve access to this main for future maintenance and minimize the impact to the terrazzo
sidewalks during maintenance operations. The total cost for this option is $116,984.00. Also included in this
is an additional 30 days to the contract to allow time for said work.
Second (Option B) is to replace the 6" water main with the same size, and revise its alignment in the same
fashion as option A above, for the same reasons stated above. The cost for this option is $112,026.00.
I ncluded with this request is the same 30 day extension to provide time to perform said work.
Copies of the contractor's quotations and supporting documentation are attached for your review.
Staff recommends award of Change Order (Contract Addition) #6 to Asphalt Consultants, Inc. in the
amount of $112,026.00 (Option B) on the N.W, I S.W. 5th Avenue Improvements Project, PIN 2003-037.
Funding will be available from Account # 442-5178-536-63.50, Water Mains, after budget 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 2003-037(A)
S:\EngAdmin\Projects\2003\2003-037\Construction\Agenda memoC0#6 AsphConst02.07.06.doc
CITY OF DELRA Y BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE NO. 6 (Contract Addition)
PROJECT NO. 03-037
DATE:
PROJECT TITLE:
TO CONTRACTOR:
NW / SW 5th Avenue Streetscape Improvements
Asphalt Consultants, Inc.
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT
AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS.
JUSTIFICATION:
Replace Water Main System, on the north two blocks of the project.
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER
COST OF CONSTRUCTION CHANGES THIS ORDER
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER
PERCENT INCREASE THIS CHANGE ORDER 6.04 %
TOTAL PERCENT INCREASE TO DATE 43.04 %
TOTAL CONTRACT TIME WILL BE INCREASE BY 30 DAYS.
$1,853,886.75
$685,972.89
$2,539,859.64
$112.026.00
$2,651,885.64
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.
Asphalt Consultants, Inc.
(Contractor to sign & seal)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Funding is available from account # 442-5 178-536-63.50, Water Mains, after budget transfer.
DEPARTMENT
FUNDING
DELRA Y BEACH, FLORIDA by its City Commission
CERTIFIED BY
RECOMMEND:
By:
Environmental Services
Mayor
APPROVED:
ATTEST:
By:
City Attorney
City Clerk
S:\EngAdmin\Projects\2003\2003-037\Construction\C06 Asph enstt doc -02.07.06.doc
ASPHALT
CONSULTANTS, INC.
orrlOl\!
(B)
ENGINEERING CONTRACTORS
January 25, 2006
City of Delray Beach Environmental Services Departmen1
434 South Swinton Avenue
Delray Beach, FL. 33444
Subject:
Rafael C. Ballestero
NW/SW 5th Avenue Streetscape and Infrastructure Improvements
City of Delray Beach Project No, 2003-037
Price Proposal for NW 5th Avenue Watermain Replacement
Attention:
Re:
Gentlemen,
Pursuant to our earlier discovery of insufficient pipe cover over the existing antiquated 6"
lead joint watermain piping system located within our work area, Asphalt Consultants,
Inc, was requested to submit a price proposal for lowering the existing watermain. We are
unable to comply with that request as it will be impossible to maintain water service to
the community, the pipe joints will all leak, pipe materials cannot be replaced and we will
not warrant or guarantee the system does not fail.
We are pleased to submit an estimated budget price proposal for installing a new 6" DIP
watermain system complete with new water service piping to existing meters. The work
will encompass the area located within the limits of the roadway that is being entirely
reconstructed. The price for this work is estimated to be $112026.00 and individual work
items are depicted upon the price proposal form with this letter. Work items and
quantities are based upon an in house preliminary plan designed after our 01/18/06
meeting in the field and direction received from City representative "Jack Warren". We
are honoring our existing Contract unit prices to construct this extra work.
Please notify us of your intentions as soon as possible. We are ready to begin roadwork
on NW 5th Avenue and do not wish to be delayed. Please contact us if we can assist you
in any way to resolve this matter.
Respectfu!l y,
Asphal sultants, Inc.
c:::::;;-
E.F. LeiperIV
Project Manager
880 NW 1st AVENUE. BOCA RATON, FLORIDA 33432. (561) 368-5797. FAX (561)750-8596
ASPHALT
CONSULTANTS, INC.
ENGINEERING CONTRACTORS
PROPOSAL
Date: 1/25/2006
Job information:
NW 5TH AVENUE WATERMAIN IMPROVEMENT
ESTIMATED BUDGET PRICE PROPOSAL
Submltted 1:0:
CITY OF DELRAY BEACH
434 SOUTH SWINTON AVENUE
DELRAY BEACH, FL. 33444
We propose to fUrnish material and labor in accordance with the plans referenced below as follows:
Description
FURNISH & INSTALL 6" DIP CL350 W/FITTINGS
FURNISH & INSTALL 6" GATE VALVE
SAMPLE POINTS
FURNISH AND INSTALL 1" SINGLE SERVICE
GROUT EXISTING 6" WATER MAIN
WATERMAIN ASBUIL TS
CONNECT TO EXISTING WATERMAIN
BOND FEES (2% of $109830.00)
Qty Units
1,300.00 LF
6.00 EA
4.00 EA
30.00 EA
1,250.00 LF
1.00 LS
5.00 EA
1.00 LS
Unit Price
56.00
750.00
320.00
625.00
5.00
3,125.00
625.00
2,196.00
Water
Total
72,800.00
4,500.00
1,280.00
18,750.00
6,250.00
3,125.00
3,125.00
2,196.00
$112,026.00
TOTAL PRICE: $112,026.00
QUAL/FICA TIONS:
Permit Fees, Bonds, Engineering Layout, As BuUts, Density Test Fees are not included in this proposal.
Resolution of conflict w/unknown utilities, removal and replacement of unsuitable materials is considered extra
work and not covered by this proposal.
Invoicesfor work to be paid within 30 days
This proposal may be withdrawn ifnot accepted within 30 days.
Based on plans by: None. The City will isolate and make the existing watermain safe for connections and will reconnect the new
water service lines to the existing meters. Bid as daytime work and will require additional 30 calendar days
to be added to our Contract time.
~~-~.
""
Accepted By:
Date
E.F. Leiper IV
Asphalt Consultants, Inc.
880 NW lSI AVE. BOCA RATON. R 33432. 561-368-5191. FU 561-150-8596
Page Number: 1 of 1
AGENDA REQUEST
Agenda Item NO.~
DATE: February 1, 2006
Request to be placed on:
---1L Regular Agenda
_ Special Agenda
_ Workshop Agenda
WHEN: February 7, 2006
Description of item (who, what, where, how much):
This request is to approve Change Order #6 (Contract Addition) to Asphalt Consultants, Inc., on the NW /
SW 51h Avenue project. This work is to replace / relocate the existing 6" water main on the north two
blocks of the project. The total cost for this work is $112,026.00.
Funding is available from account # 442-5178-536-63.50, Water Mains, after budget transfer.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Approve Change Order #6 (Contract Addition) to Asphalt Consultants, Inc. for the
above referenced proJ~'ect qti2
Department Head . ,- l
Signature: '<1.(. 'D'" (:r 2 -],.- 0 (..
Determination of Consistency with Comprehensive
Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
Funding availabl' 0 ,cJA;t uJ / /rc;ut.S,u I
Funding alternatWN (if applicable) _ n'-. I ,
Account No. & Description See above if.. 2 .:>; 7~- ~S0. ({,3 )<.J (vt?J.R( ,'/aUf,
Account Balance See above 11//;2 l)(l - IfYt.",S'R, )
/
City Manager Review: r7'
Approved for agenda: @/NO <<to J'\
Hold Until: (/1' !
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
file 2003-037(A)
S:\EngAdmin\Projects\2003\2003-037\Construction\Agnd req C0#6 AsphConst02.07.06.doc
MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER fJtt1
AGENDA ITEM # ~ - REGULAR MEETING OF FEBRUARY 7. 2006
SERVICE AUTHORIZATION/HELLER-WEAVER AND SHEREMETA.
lli.C
TO:
SUBJECT:
DATE:
FEBRUARY 3, 2006
This is before the City Commission to approve a Service Authorization with Heller-Weaver and
Sheremeta, Inc. in the amount of $10,350.00 for supplemental survey work related to the Old School
Square Garage and Park Campus expansion.
The scope of work includes parcel surveys for the garage site land transfer, overall sketch for use as a
Florida Communities Trust Grant submittal exhibit and preparation of a replat of the entire parcel.
Funding is available from 380-4150-572-63.29 (G.O. Bond/Old School Square Parking Garage).
Recommend approval of the Service Authorization with Heller-Weaver and Sheremeta, Inc. for
supplemental survey work related to the Old School Square Garage and Park Campus expansion.
S:\City CIerk\agenda memos\ServiceAuth..HeUer-Weaver.0207.06
City Of Delray Beach
Department of Environmental Services
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TO:
David T. Harden, City Manager ~
Richard C. Hasko, P.E., Environmental Services Director G
FROM:
SUBJECT:
OLD SCHOOL SQUARE GARAGE/PARK SITE
DATE:
February 2,2006
Attached is a proposal from Heller-Weaver and Sheremeta, Inc., for performance of supplementary
survey work in conjunction with the development of the Old School Square Parking Garage and
Campus expansion site. The scope of services includes preparation of sealed surveys and legal
descriptions for the parcels to be transferred from the CRA to the City for the garage site; preparation
of an overall site boundary sketch delineating the ultimate parcel boundaries for the garage site and
the park campus expansion to be used as an exhibit in the park programming study being prepared for
a Florida Communities Trust (FCT) grant submittal; and preparation of a replat of the entire site for
official documentation of the revised land use. Consulting fees for the described scope total $10,350.
Funding for this expense is available in Parks & Recreation Bond fund account #380-4150-572-
63.29, Old School Square Garage. Please place this item on the February 7, 2006 agenda for
consideration by City Commission.
Cc: Victor Majtenyi, Construction Manager
HELLER-WEAVER AND SHEREMETA, INC.
CITY OF DELRAY BEACH
CONSULTING SERVICE AUTHORIZATION
DATE:
SERVICE AUTHORIZATION NO.
FOR CONSULTING SERVICES
CITY P.O. NO.
(CITY)
HELLER-WEAVER AND SHEREMETA, INC.
TITLE: Old School Sauare Garaae and Park Site Project
Project no.
This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the Contract,
Dated November 29. 2001. between the City of Delray Beach and Heller-Weaver and Sheremeta. Inc.
Proiect OescriotJon
This project consists oft'Ml (2) Boundary Surveys within the project, one (1) overall Boundary Survey of the project,
and preparing one (1) overall plat document of the project. (See Exhibit A.)
Scope of SUrvey Services:
Old School Sauare Garaae Site Prooertv
Task 1 - Parcel 3 - Prepare Boundary Survey ofthe North 210 feet ofthe East side of Block 76.
Task 2 - Parcel 4 - Prepare Boundary Survey of the North 210 feet of the West side of Block 76, Less the West 10
feet thereof.
Old School Sauare Garace Site and Park Site Prooertv
Task 3 - Overall Procertv Survev - Prepare Boundary Survey of all of Block 76 lying North of the East-West Alley Way
right of way. Less the West 10 feet thereof and Less the South 26 feet thereof. Overall property survey \Mil include
the North South 16' AlieyWay right of way.
Task 4 - Overall Procertv Plat - Prepare Overail Property Plat Document of all of Block 76 lying North of the East-
West 16 feet Alley Way right of way. Less the West 10 feet thereof and less the South 26 feet thereof. Overall prop-
erty Plat Document will include the North South 16 feet Alley Way right of way.
Note1:)The above plat document (Task 4) will be provided to your office and all processing, representation, applica-
tion forms, and any fees associated with processing and recording of the plat document are not included in
the above fees.
2:)The Boundary Surveys mentioned as Task 1,2 and 3 do not include above or below improvements being
shown on the survey documents. Drawings shall conform to the requirements of the City.
Task 5 - Exhibit Overall Procertv - Prepare an overall property exhibit reflecting The Garace Site Area and The Pari<
Site Area as separate parcels, and prepare legal descriptions for each parcel. Exhibit shall be prepared on 8 1/2' x
11" format.
Submittal Materials
HWS shail provide the City of Delray Beach four(4) prints of the drawings signed and sealed by a registered land sur-
veyor for record purpose at 1"=30' scale, and one (1) computer disk with survey and drawing information compatible
with AutoCAD (Release 2004).
Old School Sauare Garaae and Park Site Proiect
Project no.
Page Two
~
The above-mentioned services will be provided for a lump sum fee of Ten Thousand Three Hundred Fifty Dollars and
no/100 ($10,350.00), according to the following breakdown of disciplines of service:
Principal
Project Manager
Surveyor & Mapper
Survey Crew
Survey Technician
CADD Technician
13 hours
18 hours
18 hours
16 hours
12 hours
72 hours
$100.00 per hour ..........$
$ 90.00 per hour ...........$
$ 85.00 per hour ...........$
$ 95.00 per hour ...........$
$ 65.00 per hour ...........$
$ 50.00 per hour ...........$
1,300.00
1,620.00
1,530.00
1,520.00
780.00
3,600.00
Total.............................$ 10,350.00
ComDletion Date
Tasks 1, 2 and 3 will be completed within three (3) weeks after the receipt of signed authorization to proceed. Task 4
Plat Document will be ready for submission to Planning within four (4) weeks. Task 5 Exhibit Overall Property will be
completed within two (2) weeks after receipt of signed Authorization to proceed.
This service authorization is approved contingent upon the City's acceptance of and satisfaction with the completion
of the services rendered in the previous phase or as encompassed by the previous service authorization. If the City,
in its sole discretion. is unsatisfied with the services provided in the previous phase or service authorization, the City
may tenminate 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
CONSULTANT:
HELLER-WEAVER AND SHEREMETA, INC.
Date:
Date: Februarv 2. 2006
President
ATTEST
Witness
Approved as to Legal Sufficiency and form
Witness
STATE OF FLORIDA
COUNTY OF PALM BEACH
The following instrument was acknowledged before me this _
day of , by John D. Weaver, President of Heller-
Weaver and Sheremeta, Inc., a Florida Corporation, on behalf of
the corporation. He is personally known to me and did not take
an oath.
Signature of Person Taking Acknowledgement
Signature of Acknowledger
(Typed, printed or stamped)
FILE: I>ELAAY BEACH PROPOSAL au> SCHOOL SCUlIlRE GARAGE & PARK SITE CSA
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AGENDA ITEM NUMBER:
~\JJ
AGENDA REQUEST
Date: February I, 2006
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda
When:
February 7, 2006
Description of agenda item:
Staff reQuests Commission approval of a service authorization for Heller-Weaver and Shererneta in the
amount of $ I 0.350 for supplemental survev work related to the Old School SQuare Garage and Park Campus
exoansion. Scone includes Darcel surveys for earaee site land transfer. overall sketch for use as an Florida
Communities Trust grant submittal exhibit and oreoaration of a reolat of the entire Darcel. Fundine is
available in Parks & Recreation Bond account #380-4150-572-63.29. Old School SQuare Parking Garage.
ORDINANCE/RESOLUTION REQUIRED:
Draft of Resolution Attached:
YES
YES
NO
NO
x
X
Recommendation: Staffrecomme~ '-;{j;,
Department Head Signature: ~
"lr-?.-o(..
Determination of Consistency with Comprehensive Plan:
City Attorney ReviewlRecommendation (if applicable):
Budget Director Review
(required on all items involving expenditure~f~~ds):
Funding available: ' ty
t'n
No
Funding alternatives (if applicable):
Account Balance:
3BO-l(r ')2)<) 7 Z. t, 3 - Z~
Old Schoo! Sj~r.c
<J,8, 7 Z~ yrof
.
Account Number:
Account Description:
City Manager Review:
Approved for Agenda:
@
~
No
Hold Until:
Agenda Coordinator Review:
Received:
Action:
Approved:
Disapproved:
P.O. #
AGENDA ITEM NUMBER:
01\
[1M
En'll DFDELRRY BEA~t3
Community Development Division
MEMORANDUM
TO:
David T. Harden, City Manager
Lula Butler, Director of Community Improvement ~~
Kendra W. Graham, C.D. Administrator ~
February 2, 2006
THRU:
FROM:
DATE:
SUBJECT:
2005-2006 Community Development Block Grant Subrecipient Funding
Agreements: Community Child Care Center - $75,000, Urban League of Palm
Beach County, Inc. $15,000 and the Fair Housing Center of the Greater Palm
Beaches, Inc. - $5,000
ITEM BEFORE THE COMMISSION:
Approval is requested to execute three agreements for funding with the above listed
subrecipients under the 2005-2006 Community Development Block Grant (CDBG)
Program.
BACKGROUND:
In accordance with 24 CFR 570.301, a Public Hearing was held before the City
Commission on August 2, 2005, to obtain public comment on the proposed budget for the
approval of the Community Development Block Grant Consolidated Action Plan for
fiscal year 2005-2006, The Action Plan contains appropriations for the three agencies
listed above and was approved by the Commission.
CDBG Program regulations at 24 CFR 570.503 require written agreements prior to the
disbursement of funds to subrecipient organizations, specifying the work to be performed
and reporting requirements, among other requirements and governing provisions. These
agreements have been developed in accordance with the stated regulations and have been
reviewed and approved by the City Attorney for legal sufficiency and form.
RECOMMENDATION:
Staff recommends approval and execution of the attached agreements in order that
funding may proceed in accordance with the Commission approved Action Plan for fiscal
year 2005-2006.
<:6,{
FY 2005 COMMUNITY DEVELOPMENT BLOCK GRANT
AGREEMENT between CITY OF DELRAY BEACH
and COMMUNITY CHILD CARE CENTER OF DELRAY BEACH. INC.
THIS AGREEMENT is entered into between the CITY OF DELRAY BEACH, a
Florida municipal corporation, hereinafter referred to as "CITY," and COMMUNITY CHILD
CARE CENTER OF DELRAY BEACH, INC., hereinafter referred to as "the CONTRACTOR,"
having its principal office at 555 N.W. 4th Street, Delray Beach, Florida 33444-2734.
WIT N E SSE T H:
WHEREAS, the CITY has entered into an Agreement with the U.S. Department of
Housing and Urban Development (HUD) for a grant for the execution and implementation of a
Community Development Block Grant (CDBG) Program in the CITY, pursuant to Title I of the
Housing and Community Development Act of 1974 (as amended): and
WHEREAS, the CITY desires to engage the CONTRACTOR to implement an
activity of the Delray Beach CDBG Program;
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein, the parties hereto agree as follows:
ARTICLE I
DEFINITION AND PURPOSE
1. Definitions
1.1 "CDBG" means Community Development Block Grant program.
1.2 "HUD" means the U.S. Department of Housing and Urban Development.
1.3 "24 CFR" refers to the Section of the Code of Federal Regulations pertaining to the U.S.
Dept. of HUD.
1.4 "Program Income" means gross income received, directly generated or earned from the
use of CDBG funds. Program Income includes, but is not limited to, interest earned on
advances of federal funds or royalties received as a result of patents or copyrights
produced under this grant.
1.5 "OMB" means Office of Management and Budget.
1.6 "Low- and Moderate-Income" means a household whose income is within specified
income limits set forth by HUD.
1.7 Property:
a. "Real Property" means land, land improvements, structures, fixtures and
appurtenances thereto, excluding movable machinery and equipment.
b. "Personal Property" means personal property of any kind except real property.
c. "Nonexpendable Personal Property" means tangible (i.e., physical) personal property
of a nonconsumable nature, with a value of $500 or more per item, with a normal
1
expected life of one or more years, not fixed in place, and not an integral part of a
structure, facility or another piece of equipment.
d. "Expendable Personal Property" means all tangible personal property other than
nonexpendable property.
2. Purpose
The purpose of this Agreement is to state the covenants and conditions under which the
CONTRACTOR will implement the Statement of Work set forth in Article II of this agreement.
ARTICLE II
STATEMENT OF WORK
The CONTRACTOR shall carry out the activities specified in Attachment A, "Scope of Services."
ARTICLE III
FUNDING AND METHOD OF PAYMENT
3.1 The maximum amount payable by the CITY under this Agreement will be Seventy-five
Thousand Dollars and 00/100 ($75.000.00).
3.2 The CITY will be billed by the CONTRACTOR and will disburse twelve (12) monthly
payments in the amount of $6,250.00). Bills shall be submitted by the CONTRACTOR
at least two weeks in advance.
3.3 Prior to receipt of CDBG funds (through reimbursement), CONTRACTOR shall submit
the following documentation no later than the first working day of each month covered by
this Agreement, in a format prescribed by the CITY:
a. Monthly attendance and enrollment roster that identifies the number of enrollees
(including race/ethnicity) and levels of family income;
b. Monthly timesheets reflecting actual time worked by the CDBG funded position and a
completed Direct Benefit Activity form (monthly);
c. An annual report is also due on October 10, in a format prescribed by the CITY,
showing summary statistics on race, ethnicity, and income level of clients served by
the program.
3.4 Release of funds is subject to the approval of the Director of Community Improvement.
ARTICLE IV
TERM OF AGREEMENT
The term of this Agreement shall be from October 1, 2005, to September 30, 2006.
2
ARTICLE V
SUSPENSION AND TERMINATION
5.1 Termination/Suspension of Pavments/Aqreement for Cause: If through any cause either
party shall fail to fulfill in timely and proper manner its obligations under this Agreement,
or if either party shall violate any of the covenants, agreements, or stipulations of this
Agreement, either party shall thereupon have the right to terminate this Agreement or
suspend payments in whole or in part by giving written notice of such termination or
suspension of payments and specify the effective date of termination or suspension.
If payments are withheld, the CITY shall specify in writing the actions that must be taken
by the CONTRACTOR as a condition precedent to resumption of payments and shall
specify a reasonable date for compliance. Sufficient cause for suspension of payments
shall include, but not be limited to:
a. ineffective or improper use of CDBG funds,
b. failure to comply with the Statement of Work or terms of this Agreement,
c. failure to submit reports as required,
d. submittal of materially incorrect or incomplete reports,
e. failure to comply with any additional conditions that may be imposed by HUD.
5.2 Termination for Convenience of Citv: The CITY may terminate this Agreement without
cause at any time by giving at least ten (10) working days notice in writing to the
CONTRACTOR. If this Agreement is terminated by the CITY as provided herein, the
CONTRACTOR will be paid for allowable services performed under Article II of this
Agreement until the effective date of the termination.
5.3 Termination for Convenience of the CONTRACTOR: At any time during the term of this
Agreement, the CONTRACTOR may, at its option and for any reason, terminate this
Agreement upon ten (10) working days written notice to the CITY. Upon termination, the
CONTRACTOR shall be paid for services rendered pursuant to this Agreement through
and including the date of termination.
ARTICLE VI
RECORDS AND REPORTS
6.1 The CONTRACTOR agrees to retain supporting documentation relating to activities
funded by this Agreement for a period of five years after the termination of the
Agreement.
6.2 The CONTRACTOR shall submit quarterly reports in a format prescribed by the CITY
per the schedule in Article III of this Agreement.
6.3 The CONTRACTOR agrees to submit upon request other documentation which may
later be determined necessary to assure compliance with this Agreement.
3
ARTICLE VII
PROGRAM INCOME
The CONTRACTOR agrees to expend CDBG funds for the purpose outlined in Article I of this
Agreement. It is not anticipated that program income shall be generated from this allocation.
However, such income, if generated, may be retained by the CONTRACTOR and used for costs
that are in addition to the approved costs of this agreement, provided that such costs
specifically further the objectives of this agreement. Under no circumstances shall the
CONTRACTOR use program income to pay for charges or expenses that are specifically not
allowed pursuant to the terms of this agreement and applicable federal regulations or rules.
The use of program income by the CONTRACTOR shall comply with the requirements set forth
at 24 CFR 570.504.
ARTICLE VIII
PUBLICITY
The CONTRACTOR shall ensure that all publicity, public relations, advertisements and signs,
recognize the CITY and the CDBG Program for the support of all contracted activities. The use
of the official CITY logo is permissible, but all signs used to publicize CITY contracted activities
must be approved by the CITY prior to being posted.
ARTICLE IX
GENERAL CONDITIONS
9.1 Federal. State, County and CITY Laws and Reaulations: The CONTRACTOR shall
comply with applicable provisions of applicable federal, state, County, and CITY laws,
regulations and rules, including OMB A-122, OMB A-21, OMB A-133.
The CONTRACTOR shall comply with Section 504 of the Rehabilitation Act of 1973, as
amended, which prohibits discrimination on the basis of handicap; Title VI of the Civil
Rights Act of 1964, as amended, which prohibits discrimination on the basis of race,
color, or national origin; the Age Discrimination Act of 1975, as amended, which prohibits
discrimination on the basis of age; Title VIII of the Civil Rights Act of 1968, as amended,
and Executive Order 11063 which prohibits discrimination in housing on the basis of
race, color, religion, sex, or national origin; Executive Order 11246, as amended which
requires equal employment opportunity; and with the Energy Policy, amended and
Conservation Act (Pub.L 94-163) which requires mandatory standards and policies
relating to energy efficiency.
The CONTRACTOR shall report its compliance with Section 504 of the Rehabilitation
Act whenever so requested by the CITY. The CONTRACTOR shall comply with all
applicable requirements of the Americans with Disabilities Act (ADA) of 1990, including,
but not limited to, those provisions pertaining to employment, program services,
transportation, communications, access to facilities, renovations, and new construction.
The CONTRACTOR shall comply with all federal laws and regulations pertaining to
environmental standards described in 24 CFR Subpart K, except that:
a. The CONTRACTOR does not assume the CITY's environmental responsibilities
described at 570.604, and
b. The CONTRACTOR does not assume the CITY's responsibility for initiating the
review process under the provisions of 24 CFR part 52.
4
9.2 Opportunities for Residents and Civil RiQhts Compliance: The CONTRACTOR agrees
that no person shall on the grounds of race, color, national origin, religion, or sex be
excluded from the benefits of, or be subjected to, discrimination under any activity
carried out by the performance of this Agreement. To the greatest feasible extent,
lower-income residents of the project areas shall be given opportunities for training and
employment; and to the greatest feasible extent, eligible business concerns located in or
owned in substantial part by persons residing in the project areas shall be awarded
contracts in connection with the project.
9.3 Evaluation and MonitorinQ: The CONTRACTOR agrees that the CITY will carry out
periodic monitoring and evaluation activities as determined necessary and that the
continuation andlor renewal of this Agreement is dependent upon satisfactory evaluation
conclusions. Such evaluations will be based on the terms of this Agreement,
comparisons of planned versus actual progress relating to activity scheduling, budgets,
audit reports, and output measures. The CONTRACTOR agrees to furnish upon request
to the CITY and make copies of transcriptions of such records and information as is
determined necessary by the CITY. The CONTRACTOR shall submit on a schedule set
by the CITY and at other times upon request, information and status reports required by
the CITY to enable the evaluation of said progress and to allow for completion of reports
required of the CITY by HUD. The CONTRACTOR shall allow the CITY or HUD to
monitor its agency on site. Such site visits may be scheduled or unscheduled as
determined by the CITY or HUD.
9.4 Audits: Nonprofit organizations that expend $300,000 or more annually in federal
awards shall have a single or program specific audit conducted accordance with OMB A-
133. Nonprofit organizations that expend less than $300,000 annually in federal awards
shall be exempt from an audit conducted in accordance with OMB A-133, although their
records must be available for review. These agencies are required by the CITY to
submit "reduced scope" audits (e.g., financial audits, performance audits). Each audit
shall cover a time period of not more than 12 months and an audit shall be submitted
covering each assisted period until all the assistance received from this agreement has
been reported on. A copy of the audit report must be received by the CITY no later than
six months following each audit period.
The CONTRACTOR shall maintain all records in accordance with generally accepted
accounting principles, procedures, and practices which shall sufficiently and properly
reflect all revenues and expenditures of funds provided directly or indirectly by the CITY
pursuant to the terms of this agreement.
9.5 Uniform Administrative Requirements: The CONTRACTOR agrees to maintain books,
records and documents in accordance with accounting procedures and practices which
sufficiently and properly reflect all expenditures of funds provided by the CITY under this
Agreement. The CONTRACTOR is required to comply with the following uniform
administrative requirements:
a. Specific provisions of the uniform administrative requirements of OMB Circular A-
110, as implemented at 24 CFR Part 84, "Uniform Administrative Requirements for
Grants and Agreements with Institutions of Higher Education, Hospitals and Other
Non-Profit Organizations."
b. OMB Circular A-122 "Cost Principles for Non-Profit Organizations" (a list of allowable
and unallowable costs appears in Attachment B).
c. Applicable provisions of 24 CFR 570.502.
5
9.6 Lobbvina Prohibition: The CONTRACTOR shall certify that no federal appropriated
funds have been paid or will be paid, by or on behalf of the undersigned, to any person
for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with the awarding of any federal Agreement, the making of
any federal grant, the making of any federal loan, the entering into of any cooperative
Agreement, and the extension, continuation, renewal, amendment, or modification of
any federal Agreement, grant, loan, or cooperative Agreement.
The CONTRACTOR shall disclose to the CITY if any funds other than federal
appropriated funds have been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in
connection with this federal Agreement.
9.7 Section 3 Reauirements: The CONTRACTOR agrees to comply with all Section 3
requirements applicable to contracts funded through this Agreement. Information on
Section 3 is available from the CITY upon request. The CONTRACTOR shall include the
following, referred to as the Section 3 Clause, in every solicitation and every contract for
every Section 3 covered project:
Section 3 Clause
a. The work to be performed under this agreement is subject to the requirements of
Section 3 of the Housing and Urban Development Act of 1968, as amended, 12
U.S.C. 1701 (Section 3). The purpose of Section 3 is to ensure that employment
and other economic opportunities generated by HUO assistance or HUO-assisted
projects covered by Section 3, shall to the greatest extent feasible, be directed to
low-and very low-income persons, particularly persons who are recipients of HUO
assistance for housing.
b. The parties to this agreement agree to comply with HUO's requirements in 24 CFR
Part 135, which implement Section 3. As evidenced by their execution of this
agreement, the parties to this agreement certify that they are under no contractual or
other impediment that would prevent them from complying with the Part 135
regulations.
C. The CONTRACTOR agrees to send to each labor organization or representative of
workers with which the CONTRACTOR has a collective bargaining Agreement or
other understanding, if any, a notice advising the labor organization or workers
representative of the CONTRACTOR's commitment under this Section 3 clause, and
will post copies of the notice in conspicuous places at the work site where both
employees and applicants for training and employment positions can see the notice.
The notice shall describe the Section 3 preference, shall set forth minimum number
and job titles subject to hire, availability of apprenticeship and training positions, the
qualifications for each, and the name and location of the person(s) taking
applications for each of the positions, and the anticipated date the work shall begin.
d. The CONTRACTOR agrees to include this Section 3 clause in every subcontract
subject to compliance with regulations in 24 CFR Part 135, and agrees to take
appropriate action, as provided in an applicable provision of the subcontract or in this
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Section 3 clause, upon a finding that the subcontractor is in violation of the
regulations in 24 CFR Part 135. The CONTRACTOR will not subcontract with any
subcontractor where the CONTRACTOR has notice or knowledge that the
subcontractor has been found in violation of the regulations in 24 CFR Part 135.
e. The CONTRACTOR will certify that any vacant employment positions, including
training positions, that are filled (1) after the CONTRACTOR is selected but before
the contract is executed and (2) with persons other than those to whom the
regulations of 24 CFR Part 135 require employment opportunities to be directed,
were not filled to circumvent the CONTRACTOR's obligations under 24 CFR Part
135.
f. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions,
termination of this contract for default, and debarment or suspension from future
HUD assisted contracts.
9.8 Insurance: The CONTRACTOR shall furnish to the CITY, c/o the Community
Improvement Department, certificate(s) of insurance evidencing coverage that meets the
requirements outlined in Attachment C.
9.9 Prooertv: Any real property under the CONTRACTOR's control that was acquired or
improved in whole or in part with CDBG funds received from the CITY in excess of
$25,000 shall be either:
a. Used to meet one of the three CDBG national objectives required by and defined in
24 CFR Part 570.208 for five years following the expiration or termination of this
agreement, or for such longer period of time as determined by the CITY; or
b. Not used to meet a CDBG national objective, in which case the CONTRACTOR shall
pay to the CITY an amount equal to the market value of the property as may be
determined by the CITY, less any proportionate portion of the value attributable to
expenditures of non-CDBG funds for acquisition of, or improvement to, the property.
Reimbursement is not required after the period of time specified in Paragraph 9.9.a.,
above.
Any real property under the CONTRACTOR's control that was acquired or improved in
whole or in part with CDBG funds from the CITY for $25,000 or less shall be disposed of,
at the expiration or termination of this contract, in accordance with instructions from the
CITY.
All real property purchased in whole or in part with funds from this and previous
agreements with the CITY, or transferred to the CONTRACTOR after being purchased in
whole or in part with funds from the CITY, shall be listed in the property records of the
CONTRACTOR and shall include a legal description, size, date of acquisition, value at
time of acquisition, present market value, present condition, address or location, owner's
name if different from the CONTRACTOR, information on the transfer or disposition of
the property, and map. The property records shall describe the programmatic purpose
for which the property was acquired and identify the CDBG national objective that will be
met. If the property was improved, the records shall describe the programmatic purpose
for which the improvements were made and identify the CDBG national objective that
will be met.
All nonexpendable personal property purchased in whole or in part with funds from this
and previous agreements with the CITY shall be listed in the property records of the
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CONTRACTOR and shall include a description of the property, location, model number,
manufacturer's serial number, date of acquisition, funding source, unit cost at the time of
acquisition, present market value, property inventory number, information on its
condition, and information on transfer, replacement, or disposition of the property.
The CONTRACTOR shall obtain prior written approval from the CITY for the disposition
of real property, expendable personal property, and nonexpendable personal property
purchased in whole or in part with funds given to the CONTRACTOR pursuant to the
terms of this agreement. The CONTRACTOR shall dispose of all such property in
accordance with instructions from the CITY. Those instructions may require the return of
all such property to the CITY.
9.10 Reversion of Assets: The CONTRACTOR shall return to the CITY, upon expiration or
termination of this Agreement, all the assets owned or held as a result of this
Agreement, including, but not limited to any funds on hand, any accounts receivable
attributable to these funds, mortgages, notes, and other collateral and any overpayments
due to unearned funds or costs disallowed pursuant to the terms of this Agreement that
were disbursed to the CONTRACTOR by the CITY. The CONTRACTOR shall within 30
days of expiration or termination of this Agreement execute any and all documents as
required by the CITY to effectuate the reversion of assets. Any funds not earned, as
described and provided for in OMS A-122, by the CONTRACTOR prior to the expiration
or termination of this Agreement shall be retained by the CITY.
9.11 Conflicts with Applicable Laws: If any provision of this agreement conflicts with any
applicable law or regulation, only the conflicting provision shall be deemed by the parties
hereto to be modified to be consistent with the law or regulation or to be deleted if
modification is impossible. However, the obligations under this agreement, as modified,
shall continue and all other provisions of this agreement shall remain in full force and
effect.
9.12 Reneaotiation or Modification: Modifications of provisions of the agreement shall be
valid only when in writing and signed by duly authorized representatives of each party.
The parties agree to renegotiate this agreement if the CITY determines, in its sole and
absolute discretion, that federal, State and/or CITY revisions of any applicable laws or
regulations, or increases or decreases in budget allocations make changes in this
agreement necessary.
9.13 Riaht to Waive: The CITY may, for good and sufficient cause, as determined by the
CITY in its sole and absolute discretion, waive provisions in this agreement or seek to
obtain such waiver from the appropriate authority. Waiver requests from the
CONTRACTOR shall be in writing. Any waiver shall not be construed to be a
modification of this agreement.
9.14 Disputes: In the event an unresolved dispute exists between the CONTRACTOR and
the CITY, the CITY shall refer the questions, including the views of all interested parties
and the recommendation of the CITY, to the City Manager for determination. The City
Manager, or an authorized representative, will issue a determination within 30 calendar
days of receipt and so advise the CITY and the CONTRACTOR, or in the event
additional time is necessary, the CITY will notify the CONTRACTOR within the 30 day
period that additional time is necessary. The CONTRACTOR agrees that the City
Manager's determination shall be final and binding on all parties.
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9.15 Indemnification: To the extent provided by law, the CONTRACTOR shall indemnify and
hold harmless and defend the CITY, its agents, employees, and elected officers from
and against any and all claims, demands or causes of action of whatsoever kind or
nature arising out of error, omission, negligent act, conduct or misconduct by the
CONTRACTOR, its agents, employees or officers in the performance of services under
this Agreement.
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on the day and
year written above.
WITNESSES:
COMMUNITY CHILD CARE CENTER OF
DELRAY BEACH, INC.
By:
Print
Print
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this _ day of
200_, by , who is personally known to me.
NOTARY PUBLIC
Sign
Print
Personally Known OR Produced Identification
Type of Identification Produced:
ATTEST:
CITY OF DELRAY BEACH, FLORIDA
By:
Mayor
City Clerk
Approved as to form:
City Attorney
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ATTACHMENT "A"
SCOPE OF SERVICES
The major focus of the Community Child Care Center of Delray Beach, Inc. under this
Agreement will be providing day care, after-school care and related services to eligible children.
At least 51% of the beneficiaries of a project funded under this Agreement must be low- and
moderate-income persons (as determined annually by HUD for the area). CDBG funds may be
used for programmatic costs including, but not limited to, salaries of direct service personnel,
training, insurance, office supplies and expenses, education supplies and materials, utilities,
and sponsored events (field trips). Services under this program will be provided at the Child
Care Center's main facility located at 555 N.W. 41h Avenue, Delray Beach, Florida and at Village
Academy, 400 SW 121h Avenue, Delray Beach, Florida.
The major tasks which the Community Child Care Center will perform in connection with the
provision of the eligible day care and after-school services include, but are not limited to, the
following:
a. Maintain facility at all times in conformance with all applicable codes, licensing, and other
requirements for the operation of a day care center. The facility must also be handicapped
accessible, and the day care services must be organized into separate areas appropriate for
each of the age groupings being served (toddler - 12 months to 3 years, pre-school - 3 to 4
years, pre-kindergarten - 4 to 5 years and after-school/out-of school care -- 5 years to 14 years).
b. Accept applications and perform eligibility determinations. At least 51 percent (51 %) of the
beneficiaries of subsidized day care must be low and moderate-income persons (as determined
annually by HUD for the area).
c. Offer day care services from 6:30 a.m. to 5:30 p.m. Monday through Friday, after-school/out-of-
school services from public school closing time to 7:00 p.m. and Saturdays 7:30 a.m. to 4:30 p.m.
to eligible families.
d. Ensure that the numbers, background, and qualifications of the Community Child Care Center's
staff providing the on-site day care and any related services at all times are appropriate for the
enrolled child population at the center and meet at least the minimum standards established by
the pertinent licensing bodies.
e. As part of the day care services, provide a range of structured social, educational, and cultural
enrichment activities appropriate to the age groups being served.
f. Maintain program and financial records documenting the eligibility, attendance, provision of
services, and the Child Care Center's expenses relative to the children receiving day care
services as a result of assistance provided through the CDBG program.
ATTACHMENT "B"
ALLOWABLE AND UNALLOWABLE COSTS UNDER OMB A-122
ITEM OF COST OMB A"122
INONPROFITS)
Unallowable Allowable
Advertising ...J
Bad debts ...J
Bonding ...J
Communication ...J
Compensation, personnel services ...J
Contingency provisions ...J
Contributions (to others) ...J
Depreciation, use allowance ...J
Donations (from others) ...J
Employee morale, health, welfare ...J
Entertainment ...J
Equipment ...J**
Fines, penalties ...J
Fringe benefits ...J
Fund raising, interest, investment management ...J
Idle facility, idle capacity ...J
Insurance & indemnification ...J
Interest
Labor relations ...J
Lobbying ...J
Losses on other awards ...J
Maintenance, repair ...J
Materials, supplies ...J
Memberships, subscriptions, professional activity ...J
Organization costs ...J**
Overtime, shift premiums ...J**
Page charges in professional journals (research) ...J
Participant support costs ...J**
Patent costs ...J
Pension plans ...J
Plant security ...J
Pre-award costs ...J**
Professional services ...J
Profits, losses on asset disposition ...J*
Public information service "***
Publication and printing costs ..J***
Rearrangement, facility alteration ...J**
Reconversion costs ...J
Recruiting ...J
Relocation ...J*
Rental ...J
* Allowable under limited circumstances.
** Allowable only with prior permission from the CITY.
*** Allowable only as a direct cost with permission from the CITY.
ATTACHMENT "B"
ITEM OF COST OMB A-122
INONPROFITS)
Unallowable Allowable
Royalties, use of patents, copyrights "
Severance pay "
Specialized service facilities "
Taxes "
Termination-related costs "
Training, education "
Transportation "
Travel ".
. Allowable under limited circumstances.
.. Allowable only with prior permission from the CITY.
... Allowable only as a direct cost with permission from the CITY.
ATTACHMENT "C"
INSURANCE REQUIREMENTS
WORKER'S COMPENSATION
This coverage shall include Worker's Compensation Insurance covering all employees and
include Employer's Liability with limits meeting all applicable state and federal laws. This
coverage must extend to any subcontractor that does not have their own Worker's
Compensation and Employer's Liability Insurance. Thirty (30) days notice of cancellation is
required and must be provided to the CITY via Certified Mail.
COMMERCIAL GENERAL LIABILITY
This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and
Operations; Independent Contractors' Products and Completed Operations and Contractual
Liability. This policy shall provide coverage for death, personal injury or property damage that
could arise directly or indirectly from the performance of this Agreement.
The Minimum Limits of Coverage shall be ($1,000,000) per occurrence, Combined Single Limit
for bodily Injury Liability and Property Damage Liability.
THE CITY OF DELRAY BEACH MUST BE NAMED AS AN ADDITIONAL INSURED ON THE
COMMERCIAL GENERAL LIABILITY POLICY. Thirty (30) days written notice must be
provided to the CITY via Certified Mail in the event of cancellation.
BUSINESS AUTOMOBILE LIABILITY
The minimum limits of coverage shall be ($500,000) per occurrence, Combined Single Limit for
Bodily Injury Liability and Property Damage Liability. This coverage shall be an "Any Auto" type
policy.
The CITY must be listed as an Additional Insured under the Policy. Thirty (30) days written
notice must be provided to the CITY via Certified Mail in the event of cancellation.
In the event that the CONTRACTOR does not own any vehicles, we will accept hired and non-
owned coverage in the amounts listed above. In addition, we will require an affidavit signed by the
CONTRACTOR indicating the following:
does not own any vehicles.
"Company Name"
In the event we acquire any vehicles throughout the term of his Contract/Agreement,
agrees to purchase "Any Auto" or
"Company Name"
Comprehensive Form coverage as of the date of acquisition.
The CONTRACTOR's Signature:
FY 2005 COMMUNITY DEVELOPMENT BLOCK GRANT
AGREEMENT between CITY OF DELRAY BEACH
and FAIR HOUSING CENTER OF THE GREATER PALM BEACHES, INC.
THIS AGREEMENT is entered into between the CITY OF DELRAY BEACH, a
Florida municipal corporation, hereinafter referred to as "CITY," and FAIR HOUSING CENTER
OF THE GREATER PALM BEACHES, INC., hereinafter referred to as "the CONTRACTOR,"
having its principal office at 1300 West Lantana Road, Suite 100, Lantana, Florida 33462.
WIT N E SSE T H:
WHEREAS, the CITY has entered into an Agreement with the U.S. Department of
Housing and Urban Development (HUD) for a grant for the execution and implementation of a
Community Development Block Grant (CDBG) Program in the CITY, pursuant to Title I of the
Housing and Community Development Act of 1974 (as amended); and
WHEREAS, the CITY desires to engage the CONTRACTOR to implement an
activity of the Delray Beach CDBG Program;
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein, the parties hereto agree as follows:
ARTICLE I
DEFINITION AND PURPOSE
1. Definitions
1.1 "CDBG" means Community Development Block Grant program.
1.2 "HUD" means the U.S. Department of Housing and Urban Development.
1.3 "24 CFR" refers to the Section of the Code of Federal Regulations pertaining to the U.S.
Dept. of HUD.
1.4 "Program Income" means gross income received, directly generated or earned from the
use of CDBG funds. Program Income includes, but is not limited to, interest earned on
advances of federal funds or royalties received as a result of patents or copyrights
produced under this grant.
1.5 "OMB" means Office of Management and Budget.
1.6 "Low- and Moderate-Income" means a household whose income is within specified
income limits set forth by HUD.
1.7 Property:
a. "Real Property" means land, land improvements, structures, fixtures and
appurtenances thereto, excluding movable machinery and equipment.
1
b. "Personal Property" means personal property of any kind except real property.
c. "Nonexpendable Personal Property" means tangible (i.e., physical) personal property
of a nonconsumable nature, with a value of $500 or more per item, with a normal
expected life of one or more years, not fixed in place, and not an integral part of a
structure, facility or another piece of equipment.
d. "Expendable Personal Property" means all tangible personal property other than
nonexpendable property.
2. Purpose
The purpose of this Agreement is to state the covenants and conditions under which the
CONTRACTOR will implement the Statement of Work set forth in Article II of this agreement.
ARTICLE II
STATEMENT OF WORK
The CONTRACTOR shall carry out the activities specified in Attachment A, "Scope of Services."
ARTICLE III
FUNDING AND METHOD OF PAYMENT
3.1 The maximum amount payable by the CITY under this Agreement will be Five Thousand
Dollars and 00/100 ($5,000.00).
3.2 The CITY will be billed by the CONTRACTOR and will disburse $600.00 per
seminar/session. Bills shall be submitted by the CONTRACTOR at least two weeks in
advance.
3.3 Prior to receipt of CDBG funds (through reimbursement), CONTRACTOR shall submit
for each seminar/session conducted, the following documentation:
a. An agenda displaying the date, time, and location of the session/seminar conducted
(the CD Division must have been notified in advance of the same, as required in the
Scope of Service, item (b);
b. A list of invitees/attendees for each session/seminar;
c. A request for funds/invoice;
d. Proof that each seminar/session was adequately advertised and marketed to
residents of Delray Beach, in an effort to ensure maximum participation and
effectiveness (i.e. marketing tools used, copy of flyers/invitations/newspaper ads, and
a narrative of other efforts made (activity report);
e. An annual report is also due on October 10, in a format prescribed by the CITY,
showing summary statistics on race, ethnicity, and income level of clients served by
the program.
3.4 Release of funds is subject to the approval of the Director of Community Improvement.
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ARTICLE IV
TERM OF AGREEMENT
The term of this Agreement shall be from October 1, 2005, to September 30, 2006.
ARTICLE V
SUSPENSION AND TERMINATION
5.1 Termination/Suspension of Pavments/AQreement for Cause: If through any cause either
party shall fail to fulfill in timely and proper manner its obligations under this Agreement,
or if either party shall violate any of the covenants, agreements, or stipulations of this
Agreement, either party shall thereupon have the right to terminate this Agreement or
suspend payments in whole or in part by giving written notice of such termination or
suspension of payments and specify the effective date of termination or suspension.
If payments are withheld, the CITY shall specify in writing the actions that must be taken
by the CONTRACTOR as a condition precedent to resumption of payments and shall
specify a reasonable date for compliance. Sufficient cause for suspension of payments
shall include, but not be limited to:
a. ineffective or improper use of CDSG funds,
b. failure to comply with the Statement of Work or terms of this Agreement,
c. failure to submit reports as required,
d. submittal of materially incorrect or incomplete reports,
e. failure to comply with any additional conditions that may be imposed by HUD.
5.2 Termination for Convenience of Citv: The CITY may terminate this Agreement without
cause at any time by giving at least ten (10) working days notice in writing to the
CONTRACTOR. If this Agreement is terminated by the CITY as provided herein, the
CONTRACTOR will be paid for allowable services performed under Article II of this
Agreement until the effective date of the termination.
5.3 Termination for Convenience of the CONTRACTOR: At any time during the term of this
Agreement, the CONTRACTOR may, at its option and for any reason, terminate this
Agreement upon ten (10) working days written notice to the CITY. Upon termination, the
CONTRACTOR shall be paid for services rendered pursuant to this Agreement through
and including the date of termination.
ARTICLE VI
RECORDS AND REPORTS
6.1 The CONTRACTOR agrees to retain supporting documentation relating to activities
funded by this Agreement for a period of five years after the termination of the
Agreement.
6.2 The CONTRACTOR agrees to submit upon request other documentation which may
later be determined necessary to assure compliance with this Agreement.
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ARTICLE VII
PROGRAM INCOME
The CONTRACTOR agrees to expend CDBG funds for the purpose outlined in Article I of this
Agreement. It is not anticipated that program income shall be generated from this allocation.
However, such income, if generated, may be retained by the CONTRACTOR and used for costs
that are in addition to the approved costs of this agreement, provided that such costs
specifically further the objectives of this agreement. Under no circumstances shall the
CONTRACTOR use program income to pay for charges or expenses that are specifically not
allowed pursuant to the terms of this agreement and applicable federal regulations or rules.
The use of program income by the CONTRACTOR shall comply with the requirements set forth
at 24 CFR 570.504.
ARTICLE VIII
PUBLICITY
The CONTRACTOR shall ensure that all publicity, public relations, advertisements and signs,
recognize the CITY and the CDBG Program for the support of all contracted activities. The use
of the official CITY logo is permissible, but all signs used to publicize CITY contracted activities
must be approved by the CITY prior to being posted.
ARTICLE IX
GENERAL CONDITIONS
9.1 Federal. State, Countv and CITY Laws and Reaulations: The CONTRACTOR shall
comply with applicable provisions of applicable federal, state, County, and CITY laws,
regulations and rules, including OMB A-122, OMB A-21 , OMB A-133.
The CONTRACTOR shall comply with Section 504 of the Rehabilitation Act of 1973, as
amended, which prohibits discrimination on the basis of handicap; Title VI of the Civil
Rights Act of 1964, as amended, which prohibits discrimination on the basis of race,
color, or national origin; the Age Discrimination Act of 1975, as amended, which prohibits
discrimination on the basis of age; Title VIII of the Civil Rights Act of 1968, as amended,
and Executive Order 11063 which prohibits discrimination in housing on the basis of
race, color, religion, sex, or national origin; Executive Order 11246, as amended which
requires equal employment opportunity; and with the Energy Policy, amended and
Conservation Act (Pub.L 94-163) which requires mandatory standards and policies
relating to energy efficiency.
The CONTRACTOR shall report its compliance with Section 504 of the Rehabilitation
Act whenever so requested by the CITY. The CONTRACTOR shall comply with all
applicable requirements of the Americans with Disabilities Act (ADA) of 1990, including,
but not limited to, those provisions pertaining to employment, program services,
transportation, communications, access to facilities, renovations, and new construction.
The CONTRACTOR shall comply with all federal laws and regulations pertaining to
environmental standards described in 24 CFR Subpart K, except that:
a. The CONTRACTOR does not assume the CITY's environmental responsibilities
described at 570.604, and
4
b. The CONTRACTOR does not assume the CITY's responsibility for initiating the
review process under the provisions of 24 CFR part 52.
9.2 Opportunities for Residents and Civil Riqhts Compliance: The CONTRACTOR agrees
that no person shall on the grounds of race, color, national origin, religion, or sex be
excluded from the benefits of, or be subjected to, discrimination under any activity
carried out by the performance of this Agreement. To the greatest feasible extent,
lower-income residents of the project areas shall be given opportunities for training and
employment; and to the greatest feasible extent, eligible business concerns located in or
owned in substantial part by persons residing in the project areas shall be awarded
contracts in connection with the project.
9.3 Evaluation and Monitorinq: The CONTRACTOR agrees that the CITY will carry out
periodic monitoring and evaluation activities as determined necessary and that the
continuation and/or renewal of this Agreement is dependent upon satisfactory evaluation
conclusions. Such evaluations will be based on the terms of this Agreement,
comparisons of planned versus actual progress relating to activity scheduling, budgets,
audit reports, and output measures. The CONTRACTOR agrees to furnish upon request
to the CITY and make copies of transcriptions of such records and information as is
determined necessary by the CITY. The CONTRACTOR shall submit on a schedule set
by the CITY and at other times upon request, information and status reports required by
the CITY to enable the evaluation of said progress and to allow for completion of reports
required of the CITY by HUD. The CONTRACTOR shall allow the CITY or HUD to
monitor its agency on site. Such site visits may be scheduled or unscheduled as
determined by the CITY or HUD.
9.4 Audits: Nonprofit organizations that expend $300,000 or more annually in federal
awards shall have a single or program specific audit conducted accordance with OMS A-
133. Nonprofit organizations that expend less than $300,000 annually in federal awards
shall be exempt from an audit conducted in accordance with OMS A-133, although their
records must be available for review. These agencies are required by the CITY to
submit "reduced scope" audits (e.g., financial audits, performance audits). Each audit
shall cover a time period of not more than 12 months and an audit shall be submitted
covering each assisted period until all the assistance received from this agreement has
been reported on. A copy of the audit report must be received by the CITY no later than
six months following each audit period.
The CONTRACTOR shall maintain all records in accordance with generally accepted
accounting principles, procedures, and practices which shall sufficiently and properly
reflect all revenues and expenditures of funds provided directly or indirectly by the CITY
pursuant to the terms of this agreement.
9.5 Uniform Administrative Requirements: The CONTRACTOR agrees to maintain books,
records and documents in accordance with accounting procedures and practices which
sufficiently and properly reflect all expenditures of funds provided by the CITY under this
Agreement. The CONTRACTOR is required to comply with the following uniform
administrative requirements:
a. Specific provisions of the uniform administrative requirements of OMS Circular A-
110, as implemented at 24 CFR Part 84, "Uniform Administrative Requirements for
Grants and Agreements with Institutions of Higher Education, Hospitals and Other
Non-Profit Organizations."
5
b. OMB Circular A-122 "Cost Principles for Non-Profit Organizations" (a list of allowable
and unallowable costs appears in Attachment B).
c. Applicable provisions of 24 CFR 570.502.
9.6 Lobbvinq Prohibition: The CONTRACTOR shall certify that no federal appropriated
funds have been paid or will be paid, by or on behalf of the undersigned, to any person
for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with the awarding of any federal Agreement, the making of
any federal grant, the making of any federal loan, the entering into of any cooperative
Agreement, and the extension, continuation, renewal, amendment, or modification of
any federal Agreement, grant, loan, or cooperative Agreement.
The CONTRACTOR shall disclose to the CITY if any funds other than federal
appropriated funds have been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in
connection with this federal Agreement.
9.7 Section 3 Requirements: The CONTRACTOR agrees to comply with all Section 3
requirements applicable to contracts funded through this Agreement. Information on
Section 3 is available from the CITY upon request. The CONTRACTOR shall include the
following, referred to as the Section 3 Clause, in every solicitation and every contract for
every Section 3 covered project:
Section 3 Clause
a. The work to be performed under this agreement is subject to the requirements of
Section 3 of the Housing and Urban Development Act of 1968, as amended, 12
U.S.C. 1701 (Section 3). The purpose of Section 3 is to ensure that employment
and other economic opportunities generated by HUD assistance or HUD-assisted
projects covered by Section 3, shall to the greatest extent feasible, be directed to
low-and very low-income persons, particularly persons who are recipients of HUD
assistance for housing.
b. The parties to this agreement agree to comply with HUD's requirements in 24 CFR
Part 135, which implement Section 3. As evidenced by their execution of this
agreement, the parties to this agreement certify that they are under no contractual or
other impediment that would prevent them from complying with the Part 135
regulations.
c. The CONTRACTOR agrees to send to each labor organization or representative of
workers with which the CONTRACTOR has a collective bargaining Agreement or
other understanding, if any, a notice advising the labor organization or workers
representative of the CONTRACTOR's commitment under this Section 3 clause, and
will post copies of the notice in conspicuous places at the work site where both
employees and applicants for training and employment positions can see the notice.
The notice shall describe the Section 3 preference, shall set forth minimum number
and job titles subject to hire, availability of apprenticeship and training positions, the
qualifications for each, and the name and location of the person(s) taking
applications for each of the positions, and the anticipated date the work shall begin.
6
d. The CONTRACTOR agrees to include this Section 3 clause in every subcontract
subject to compliance with regulations in 24 CFR Part 135, and agrees to take
appropriate action, as provided in an applicable provision of the subcontract or in this
Section 3 clause, upon a finding that the subcontractor is in violation of the
regulations in 24 CFR Part 135. The CONTRACTOR will not subcontract with any
subcontractor where the CONTRACTOR has notice or knowledge that the
subcontractor has been found in violation of the regulations in 24 CFR Part 135.
e. The CONTRACTOR will certify that any vacant employment positions, including
training positions, that are filled (1) after the CONTRACTOR is selected but before
the contract is executed and (2) with persons other than those to whom the
regulations of 24 CFR Part 135 require employment opportunities to be directed,
were not filled to circumvent the CONTRACTOR's obligations under 24 'CFR Part
135.
f. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions,
termination of this contract for default, and debarment or suspension from future
HUD assisted contracts.
9.8 Insurance: The CONTRACTOR shall furnish to the CITY, c/o the Community
Improvement Department, certificate(s) of insurance evidencing coverage that meets the
requirements outlined in Attachment C.
9.9 Propertv: Any real property under the CONTRACTOR's control that was acquired or
improved in whole or in part with CDBG funds received from the CITY in excess of
$25,000 shall be either:
a. Used to meet one of the three CDBG national objectives required by and defined in
24 CFR Part 570.208 for five years following the expiration or termination of this
agreement, or for such longer period of time as determined by the CITY; or
b. Not used to meet a CDBG national objective, in which case the CONTRACTOR shall
pay to the CITY an amount equal to the market value of the property as may be
determined by the CITY, less any proportionate portion of the value attributable to
expenditures of non-CDBG funds for acquisition of, or improvement to, the property.
Reimbursement is not required after the period of time specified in Paragraph 9.9.a.,
above.
Any real property under the CONTRACTOR's control that was acquired or improved in
whole or in part with CDBG funds from the CITY for $25,000 or less shall be disposed of,
at the expiration or termination of this contract, in accordance with instructions from the
CITY.
All real property purchased in whole or in part with funds from this and previous
agreements with the CITY, or transferred to the CONTRACTOR after being purchased in
whole or in part with funds from the CITY, shall be listed in the property records of the
CONTRACTOR and shall include a legal description, size, date of acquisition, value at
time of acquisition, present market value, present condition, address or location, owner's
name if different from the CONTRACTOR, information on the transfer or disposition of
the property, and map. The property records shall describe the programmatic purpose
for which the property was acquired and identify the CDBG national objective that will be
met. If the property was improved, the records shall describe the programmatic purpose
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for which the improvements were made and identify the CDBG national objective that
will be met.
All nonexpendable personal property purchased in whole or in part with funds from this
and previous agreements with the CITY shall be listed in the property records of the
CONTRACTOR and shall include a description of the property, location, model number,
manufacturer's serial number, date of acquisition, funding source, unit cost at the time of
acquisition, present market value, property inventory number, information on its
condition, and information on transfer, replacement, or disposition of the property.
The CONTRACTOR shall obtain prior written approval from the CITY for the disposition
of real property, expendable personal property, and non expendable personal property
purchased in whole or in part with funds given to the CONTRACTOR pursuant to the
terms of this agreement. The CONTRACTOR shall dispose of all such property in
accordance with instructions from the CITY. Those instructions may require the return of
all such property to the CITY.
9.10 Reversion of Assets: The CONTRACTOR shall return to the CITY, upon expiration or
termination of this Agreement, all the assets owned or held as a result of this
Agreement, including, but not limited to any funds on hand, any accounts receivable
attributable to these funds, mortgages, notes, and other collateral and any overpayments
due to unearned funds or costs disallowed pursuant to the terms of this Agreement that
were disbursed to the CONTRACTOR by the CITY. The CONTRACTOR shall within 30
days of expiration or terrnination of this Agreement execute any and all docurnents as
required by the CITY to effectuate the reversion of assets. Any funds not earned, as
described and provided for in OMB A-122, by the CONTRACTOR prior to the expiration
or terrnination of this Agreernent shall be retained by the CITY.
9.11 Conflicts with Applicable Laws: If any provision of this agreement conflicts with any
applicable law or regulation, only the conflicting provision shall be deerned by the parties
hereto to be modified to be consistent with the law or regulation or to be deleted if
modification is irnpossible. However, the obligations under this agreernent, as modified,
shall continue and all other provisions of this agreernent shall remain in full force and
effect.
9.12 Reneootiation or Modification: Modifications of provisions of the agreernent shall be
valid only when in writing and signed by duly authorized representatives of each party.
The parties agree to renegotiate this agreement if the CITY deterrnines, in its sole and
absolute discretion, that federal, State andlor CITY revisions of any applicable laws or
regulations, or increases or decreases in budget allocations make changes in this
agreement necessary.
9.13 Rioht to Waive: The CITY may, for good and sufficient cause, as determined by the
CITY in its sole and absolute discretion, waive provisions in this agreement or seek to
obtain such waiver frorn the appropriate authority. Waiver requests frorn the
CONTRACTOR shall be in writing. Any waiver shall not be construed to be a
modification of this agreement.
9.14 Disputes: In the event an unresolved dispute exists between the CONTRACTOR and
the CITY, the CITY shall refer the questions, including the views of all interested parties
and the recornrnendation of the CITY, to the City Manager for determination. The City
Manager, or an authorized representative, will issue a deterrnination within 30 calendar
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days of receipt and so advise the CITY and the CONTRACTOR, or in the event
additional time is necessary, the CITY will notify the CONTRACTOR within the 30 day
period that additional time is necessary. The CONTRACTOR agrees that the City
Manager's determination shall be final and binding on all parties.
9.15 Indemnification: To the extent provided by law, the CONTRACTOR shall indemnify and
hold harmless and defend the CITY, its agents, employees, and elected officers from
and against any and all claims, demands or causes of action of whatsoever kind or
nature arising out of error, omission, negligent act, conduct or misconduct by the
CONTRACTOR, its agents, employees or officers in the performance of services under
this Agreement.
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on the day and
year written above.
WITNESSES:
FAIR HOUSING CENTER OF THE GREATER
PALM BEACHES, INC.
By:
Print
Print
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this _ day of
200_, by , who is personally known to me.
NOTARY PUBLIC
Sign
Print
Personally Known OR Produced Identification
Type of Identification Produced:
ATTEST:
CITY OF DELRAY BEACH, FLORIDA
By:
Mayor
City Clerk
9
ATTACHMENT "A"
SCOPE OF SERVICES
The major focus of the Fair Housing Center of the Greater Palm Beaches, Inc. under
this Agreement will be to provide a minimum of five (5) Housing Industry Provider I
Community Education Sessions for residents of Delray Beach, including school-age
children and community organizations, upon the following terms and conditions:
a. All five (5) seminars and sessions will be accomplished during the effective date
of the contract period (October 1, 2004 through September 30, 2005).
b. Each seminar or session will be conducted following notification of the CD
Division regarding date, location and the submittal of supporting documentation
(i.e. flyers, marketing tools, advertising efforts, etc.).
c. Each seminar/session must be adequately marketed to residents of Delray
Beach, in an effort to ensure maximum participation and effectiveness (copies to
be submitted to CD Division prior to seminar/session).
d. Reimbursement of expenses will be provided upon completion of each
seminar/session, at the predetermined amount of $1 ,000.00 per seminar/session,
with the total maximum reimbursement not exceeding $5,000 (for the five
seminars/sessions ).
e. All seminars/sessions will be open to participants, free of charge
1. The Fair Housing Center of the Greater Palm Beaches, Inc. shall provide:
1. Community Education Sessions for civic organizations, community based
agencies, social service providers and/or schools within the municipal
boundaries of the City of Delray Beach. These sessions shall be designated
to educate the public and protected classes to identify incidents of
discrimination in housing and to gain an understanding of the means to find
remedies, to seek redress and relief. Sessions are to be conducted citywide
on an ongoing basis during the program year. A minimum of three (3)
sessions shall be conducted during the period beginning October 1, 2005 and
ending September 30, 2006. One (1) of the sessions will focus on the
education of children about housing discrimination.
2. Housing Industry Provider Education Seminars for developers, real estate
brokers, property managers, financial institutions, and the media/advertising
industry. The seminars shall provide information on fair housing laws,
Community Reinvestment Act regulations and affirmative marketing
requirements. A minimum of two (2) seminars shall be conducted during the
period beginning October 1, 2005 and ending September 30, 2006.
ATTACHMENT "B"
ALLOWABLE AND UNALLOWABLE COSTS UNDER OMB A-122
ITEM OF COST OMB A-122
(NONPROFITSI
Unallowable Allowable
Advertising "
Bad debts "
Bonding "
Communication "
Compensation, personnel services "
Contingency provisions "
Contributions (to others) "
Depreciation, use allowance "
Donations (from others) "
Employee morale, health, welfare "
Entertainment "
Equipment ,,--
Fines, penalties "
Fringe benefits "
Fund raising, interest, investment management "
Idle facility, idle capacity "
Insurance & indemnification "
Interest
Labor relations "
Lobbying "
Losses on other awards "
Maintenance, repair "
Materials, supplies "
Memberships, subscriptions, professional activity "
Organization costs ,,--
Overtime, shift premiums "**
Page charges in professional journals (research) "
Participant support costs ""-
Patent costs "
Pension plans "
Plant security "
Pre-award costs ,,--
Professional services "
Profits, losses on asset disposition ""
Public information service ,,---
Publication and printing costs ,,---
Rearrangement, facility alteration ,,--
Reconversion costs "
Recruiting "
Relocation ,,-
Rental "
- Allowable under limited circumstances.
-- Allowable only with prior permission from the CITY.
.-. Allowable only as a direct cost with permission from the CITY.
ATTACHMENT "8"
ITEM OF COST OM8 A-122
(NONPROFITSl
Unallowable Allowable
Royalties, use of patents, copyrights ..,j
Severance pay ..,j
Specialized service facilities ..,j
Taxes ..,j
Termination-related costs ..,j
Training, education ..,j
Transportation ..,j
Travel ..,j*
* Allowable under limited circumstances.
** Allowable only with prior permission from the CITY.
*** Allowable only as a direct cost with permission from the CITY.
ATTACHMENT "COO
INSURANCE REQUIREMENTS
WORKER'S COMPENSATION
This coverage shall include Worker's Compensation Insurance covering all employees and
include Employer's Liability with limits meeting all applicable state and federal laws. This
coverage must extend to any subcontractor that does not have their own Worker's
Compensation and Employer's Liability Insurance. Thirty (30) days notice of cancellation is
required and must be provided to the CITY via Certified Mail.
COMMERCIAL GENERAL LIABILITY
This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and
Operations; Independent Contractors' Products and Completed Operations and Contractual
Liability. This policy shall provide coverage for death, personal injury or property damage that
could arise directly or indirectly from the performance of this Agreement.
The Minimum Limits of Coverage shall be ($1,000,000) per occurrence, Combined Single Limit
for bodily Injury Liability and Property Damage Liability.
THE CITY OF DELRAY BEACH MUST BE NAMED AS AN ADDITIONAL INSURED ON THE
COMMERCIAL GENERAL LIABILITY POLICY. Thirty (30) days written notice must be
provided to the CITY via Certified Mail in the event of cancellation.
BUSINESS AUTOMOBILE LIABILITY
The minimum limits of coverage shall be ($500,000) per occurrence, Combined Single Limit for
Bodily Injury Liability and Property Damage Liability. This coverage shall be an "Any Auto" type
policy.
The CITY must be listed as an Additional Insured under the Policy. Thirty (30) days written
notice must be provided to the CITY via Certified Mail in the event of cancellation.
In the event that the CONTRACTOR does not own any vehicles, we will accept hired and non-
owned coverage in the amounts listed above. In addition, we will require an affidavit signed by the
CONTRACTOR indicating the following:
does not own any vehicles.
"Company Name"
In the event we acquire any vehicles throughout the term of his Contract/Agreement,
agrees to purchase "Any Auto" or
"Company Name"
Comprehensive Form coverage as of the date of acquisition.
The CONTRACTOR's Signature:
,
FY 2005 COMMUNITY DEVELOPMENT BLOCK GRANT
AGREEMENT between CITY OF DELRAY BEACH
and URBAN LEAGUE OF PALM BEACH COUNTY, INC.
THIS AGREEMENT is entered into between the CITY OF DELRAY BEACH, a
Florida municipal corporation, hereinafter referred to as "CITY," and URBAN LEAGUE OF
PALM BEACH COUNTY, INC., hereinafter referred to as "the CONTRACTOR," having its
principal office at 1700 North Australian Avenue, West Palm Beach, Florida 33407.
WIT N E SSE T H:
WHEREAS, the CITY has entered into an Agreement with the U.S. Department of
Housing and Urban Development (HUD) for a grant for the execution and implementation of a
Community Development Block Grant (CDBG) Program in the CITY, pursuant to Title I of the
Housing and Community Development Act of 1974 (as amended); and
WHEREAS, the CITY desires to engage the CONTRACTOR to implement an
activity of the Delray Beach CDBG Program;
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein, the parties hereto agree as follows:
ARTICLE I
DEFINITION AND PURPOSE
1. Definitions
1.1 "CDBG" means Community Development Block Grant program.
1.2 "HUD" means the U.S. Department of Housing and Urban Development.
1.3 "24 CFR" refers to the Section of the Code of Federal Regulations pertaining to the U.S.
Dept. of HUD.
1.4 "Program Income" means gross income received, directly generated or earned from the
use of CDBG funds. Program Income includes, but is not limited to, interest earned on
advances of federal funds or royalties received as a result of patents or copyrights
produced under this grant.
1.5 "OMB" means Office of Management and Budget.
1.6 "Low- and Moderate-Income" means a household whose income is within specified
income limits set forth by HUD.
1 .7 Property:
a. "Real Property" means land, land improvements, structures, fixtures and
appurtenances thereto, excluding movable machinery and equipment.
b. "Personal Property" means personal property of any kind except real property.
c. "Nonexpendable Personal Property" means tangible (i.e., physical) personal property
of a nonconsumable nature, with a value of $500 or more per item, with a normal
1
expected life of one or more years, not fixed in place, and not an integral part of a
structure, facility or another piece of equipment.
d. "Expendable Personal Property" means all tangible personal property other than
nonexpendable property.
2. Purpose
The purpose of this Agreement is to state the covenants and conditions under which the
CONTRACTOR will implement the Statement of Work set forth in Article II of this agreement.
ARTICLE II
STATEMENT OF WORK
The CONTRACTOR shall carry out the activities specified in Attachment A, "Scope of Services."
ARTICLE III
FUNDING AND METHOD OF PAYMENT
3.1 The maximum amount payable by the CITY under this Agreement will be Fifteen
Thousand Dollars and 00/100 ($15,000.00).
3.2 The CITY will be billed by the CONTRACTOR and will disburse twelve (12) monthly
payments in the amount of $1,250. Bills shall be submitted by the CONTRACTOR at
least two weeks in advance.
3.3 Prior to receipt of CDBG funds (through reimbursement), CONTRACTOR shall submit
the following documentation no later than the first working day of each month covered by
this Agreement, in a format prescribed by the CITY:
a. Monthly timesheets reflecting actual time worked (in accomplishing goals) by the
CDBG funded position (Delray Beach Satellite Office Coordinator) and a completed
Direct Benefit Activity form (monthly);
b. An annual report is also due on October 10, in a format prescribed by the CITY,
showing summary statistics on race, ethnicity, and income level of clients served by
the program.
3.4 Release of funds is subject to the approval of the Director of Community Improvement.
ARTICLE IV
TERM OF AGREEMENT
The term of this Agreement shall be from October 1, 2005, to September 30, 2006.
ARTICLE V
SUSPENSION AND TERMINATION
5.1 Termination/Suspension of Pavments/AQreement for Cause: If through any cause either
party shall fail to fulfill in timely and proper manner its obligations under this Agreement,
or if either party shall violate any of the covenants, agreements, or stipulations of this
Agreement, either party shall thereupon have the right to terminate this Agreement or
suspend payments in whole or in part by giving written notice of such termination or
suspension of payments and specify the effective date of termination or suspension.
2
If payments are withheld, the CITY shall specify in writing the actions that must be taken
by the CONTRACTOR as a condition precedent to resumption of payments and shall
specify a reasonable date for compliance. Sufficient cause for suspension of payments
shall include, but not be limited to:
a. ineffective or improper use of CDSG funds,
b. failure to comply with the Statement of Work or terms of this Agreement,
c. failure to submit reports as required,
d. submittal of materially incorrect or incomplete reports,
e. failure to comply with any additional conditions that may be imposed by HUD.
5.2 Termination for Convenience of Citv: The CITY may terminate this Agreement without
cause at any time by giving at least ten (10) working days notice in writing to the
CONTRACTOR. If this Agreement is terminated by the CITY as provided herein, the
CONTRACTOR will be paid for allowable services performed under Article II of this
Agreement until the effective date of the termination.
5.3 Termination for Convenience of the CONTRACTOR: At any time during the term of this
Agreement, the CONTRACTOR may, at its option and for any reason, terminate this
Agreement upon ten (10) working days written notice to the CITY. Upon termination, the
CONTRACTOR shall be paid for services rendered pursuant to this Agreement through
and including the date of termination.
ARTICLE VI
RECORDS AND REPORTS
6.1 The CONTRACTOR agrees to retain supporting documentation relating to activities
funded by this Agreement for a period of five years after the termination of the
Agreement.
6.2 The CONTRACTOR shall submit quarterly reports in a format prescribed by the CITY
per the schedule in Article III of this Agreement.
6.3 The CONTRACTOR agrees to submit upon request other documentation which may
later be determined necessary to assure compliance with this Agreement.
ARTICLE VII
PROGRAM INCOME
The CONTRACTOR agrees to expend CDSG funds for the purpose outlined in Article I of this
Agreement. It is not anticipated that program income shall be generated from this allocation.
However, such income, if generated, may be retained by the CONTRACTOR and used for costs
that are in addition to the approved costs of this agreement, provided that such costs
specifically further the objectives of this agreement. Under no circumstances shall the
CONTRACTOR use program income to pay for charges or expenses that are specifically not
allowed pursuant to the terms of this agreement and applicable federal regulations or rules.
The use of program income by the CONTRACTOR shall comply with the requirements set forth
at 24 CFR 570.504.
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ARTICLE VIII
PUBLICITY
The CONTRACTOR shall ensure that all publicity, public relations, advertisements and signs,
recognize the CITY and the CDBG Program for the support of all contracted activities. The use
of the official CITY logo is permissible, but all signs used to publicize CITY contracted activities
must be approved by the CITY prior to being posted.
ARTICLE IX
GENERAL CONDITIONS
9.1 Federal. State. County and CITY Laws and Reoulations: The CONTRACTOR shall
comply with applicable provisions of applicable federal, state, County, and CITY laws,
regulations and rules, including OMB A-122, OMB A-21 , OMB A-133.
The CONTRACTOR shall comply with Section 504 of the Rehabilitation Act of 1973, as
amended, which prohibits discrimination on the basis of handicap; Title VI of the Civil
Rights Act of 1964, as amended, which prohibits discrimination on the basis of race,
color, or national origin; the Age Discrimination Act of 1975, as amended, which prohibits
discrimination on the basis of age; Title VIII of the Civil Rights Act of 1968, as amended,
and Executive Order 11063 which prohibits discrimination in housing on the basis of
race, color, religion, sex, or national origin; Executive Order 11246, as amended which
requires equal employment opportunity; and with the Energy Policy, amended and
Conservation Act (Pub.L 94-163) which requires mandatory standards and policies
relating to energy efficiency.
The CONTRACTOR shall report its compliance with Section 504 of the Rehabilitation
Act whenever so requested by the CITY. The CONTRACTOR shall comply with all
applicable requirements of the Americans with Disabilities Act (ADA) of 1990, including,
but not limited to, those provisions pertaining to employment, program services,
transportation, communications, access to facilities, renovations, and new construction.
The CONTRACTOR shall comply with all federal laws and regulations pertaining to
environmental standards described in 24 CFR Subpart K, except that:
a. The CONTRACTOR does not assume the CITY's .environmental responsibilities
described at 570.604, and
b. The CONTRACTOR does not assume the CITY's responsibility for initiating the
review process under the provisions of 24 CFR part 52.
9.2 Opportunities for Residents and Civil Riohts Compliance: The CONTRACTOR agrees
that no person shall on the grounds of race, color, national origin, religion, or sex be
excluded from the benefits of, or be subjected to, discrimination under any activity
carried out by the performance of this Agreement. To the greatest feasible extent,
lower-income residents of the project areas shall be given opportunities for training and
employment; and to the greatest feasible extent, eligible business concerns located in or
owned in substantial part by persons residing in the project areas shall be awarded
contracts in connection with the project.
9.3 Evaluation and Monitorino: The CONTRACTOR agrees that the CITY will carry out
periodic monitoring and evaluation activities as determined necessary and that the
continuation andlor renewal of this Agreement is dependent upon satisfactory evaluation
conclusions. Such evaluations will be based on the terms of this Agreement,
4
comparisons of planned versus actual progress relating to activity scheduling, budgets,
audit reports, and output measures. The CONTRACTOR agrees to furnish upon request
to the CITY and make copies of transcriptions of such records and information as is
determined necessary by the CITY. The CONTRACTOR shall submit on a schedule set
by the CITY and at other times upon request, information and status reports required by
the CITY to enable the evaluation of said progress and to allow for completion of reports
required of the CITY by HUD. The CONTRACTOR shall allow the CITY or HUD to
monitor its agency on site. Such site visits may be scheduled or unscheduled as
determined by the CITY or HUD.
9.4 Audits: Nonprofit organizations that expend $300,000 or more annually in federal
awards shall have a single or program specific audit conducted accordance with OMS A-
133. Nonprofit organizations that expend less than $300,000 annually in federal awards
shall be exempt from an audit conducted in accordance with OMS A-133, although their
records must be available for review. These agencies are required by the CITY to
submit "reduced scope" audits (e.g., financial audits, performance audits). Each audit
shall cover a time period of not more than 12 months and an audit shall be submitted
covering each assisted period until all the assistance received from this agreement has
been reported on. A copy of the audit report must be received by the CITY no later than
six months following each audit period.
The CONTRACTOR shall maintain all records in accordance with generally accepted
accounting principles, procedures, and practices which shall sufficiently and properly
reflect all revenues and expenditures of funds provided directly or indirectly by the CITY
pursuant to the terms of this agreement.
9.5 Uniform Administrative Requirements: The CONTRACTOR agrees to maintain books,
records and documents in accordance with accounting procedures and practices which
sufficiently and properly reflect all expenditures of funds provided by the CITY under this
Agreement. The CONTRACTOR is required to comply with the following uniform
administrative requirements:
a. Specific provisions of the uniform administrative requirements of OMS Circular A-
110, as implemented at 24 CFR Part 84, "Uniform Administrative Requirements for
Grants and Agreements with Institutions of Higher Education, Hospitals and Other
Non-Profit Organizations."
b. OMS Circular A-122 "Cost Principles for Non-Profit Organizations" (a list of allowable
and unallowable costs appears in Attachment S).
c. Applicable provisions of 24 CFR 570.502.
9.6 Lobbvinq Prohibition: The CONTRACTOR shall certify that no federal appropriated
funds have been paid or will be paid, by or on behalf of the undersigned, to any person
for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with the awarding of any federal Agreement, the making of
any federal grant, the making of any federal loan, the entering into of any cooperative
Agreement, and the extension, continuation, renewal, amendment, or modification of
any federal Agreement, grant, loan, or cooperative Agreement.
The CONTRACTOR shall disclose to the CITY if any funds other than federal
appropriated funds have been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any agency, a Member of Congress, an
5
officer or employee of Congress, or an employee of a Member of Congress in
connection with this federal Agreement.
9.7 Section 3 Reauirements: The CONTRACTOR agrees to comply with all Section 3
requirements applicable to contracts funded through this Agreement. Information on
Section 3 is available from the CITY upon request. The CONTRACTOR shall include the
following, referred to as the Section 3 Clause, in every solicitation and every contract for
every Section 3 covered project:
Section 3 Clause
a. The work to be performed under this agreement is subject to the requirements of
Section 3 of the Housing and Urban Development Act of 1968, as amended, 12
U.S.C. 1701 (Section 3). The purpose of Section 3 is to ensure that employment
and other economic opportunities generated by HUD assistance or HUD-assisted
projects covered by Section 3, shall to the greatest extent feasible, be directed to
low-and very low-income persons, particularly persons who are recipients of HUD
assistance for housing.
b. The parties to this agreement agree to comply with HUD's requirements in 24 CFR
Part 135, which implement Section 3. As evidenced by their execution of this
agreement, the parties to this agreement certify that they are under no contractual or
other impediment that would prevent them from complying with the Part 135
regulations.
C. The CONTRACTOR agrees to send to each labor organization or representative of
workers with which the CONTRACTOR has a collective bargaining Agreement or
other understanding, if any, a notice advising the labor organization or workers
representative of the CONTRACTOR's commitment under this Section 3 clause, and
will post copies of the notice in conspicuous places at the work site where both
employees and applicants for training and employment positions can see the notice.
The notice shall describe the Section 3 preference, shall set forth minimum number
and job titles subject to hire, availability of apprenticeship and training positions, the
qualifications for each, and the name and location of the person(s) taking
applications for each of the positions, and the anticipated date the work shall begin.
d. The CONTRACTOR agrees to include this Section 3 clause in every subcontract
subject to compliance with regulations in 24 CFR Part 135, and agrees to take
appropriate action, as provided in an applicable provision of the subcontract or in this
Section 3 clause, upon a finding that the subcontractor is in violation of the
regulations in 24 CFR Part 135. The CONTRACTOR will not subcontract with any
subcontractor where the CONTRACTOR has notice or knowledge that the
subcontractor has been found in violation of the regulations in 24 CFR Part 135.
e. The CONTRACTOR will certify that any vacant employment positions, including
training positions, that are filled (1) after the CONTRACTOR is selected but before
the contract is executed and (2) with persons other than those to whom the
regulations of 24 CFR Part 135 require employment opportunities to be directed,
were not filled to circumvent the CONTRACTOR's obligations under 24 CFR Part
135.
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f. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions,
termination of this contract for default, and debarment or suspension from future
HUD assisted contracts.
9.8 Insurance: The CONTRACTOR shall furnish to the CITY, c/o the Community
Improvement Department, certificate(s) of insurance evidencing coverage that meets the
requirements outlined in Attachment C.
9.9 Prooertv: Any real property under the CONTRACTOR's control that was acquired or
improved in whole or in part with CDBG funds received from the CITY in excess of
$25,000 shall be either:
a. Used to meet one of the three CDBG national objectives required by and defined in
24 CFR Part 570.208 for five years following the expiration or termination of this
agreement, or for such longer period of time as determined by the CITY; or
b. Not used to meet a CDBG national objective, in which case the CONTRACTOR shall
pay to the CITY an amount equal to the market value of the property as may be
determined by the CITY, less any proportionate portion of the value attributable to
expenditures of non-CDBG funds for acquisition of, or improvement to, the property.
Reimbursement is not required after the period of time specified in Paragraph 9.9.a.,
above.
Any real property under the CONTRACTOR's control that was acquired or improved in
whole or in part with CDBG funds from the CITY for $25,000 or less shall be disposed of,
at the expiration or termination of this contract, in accordance with instructions from the
CITY.
All real property purchased in whole or in part with funds from this and previous
agreements with the CITY, or transferred to the CONTRACTOR after being purchased in
whole or in part with funds from the CITY, shall be listed in the property records of the
CONTRACTOR and shall include a legal description, size, date of acquisition, value at
time of acquisition, present market value, present condition, address or location, owner's
name if different from the CONTRACTOR, information on the transfer or disposition of
the property, and map. The property records shall describe the programmatic purpose
for which the property was acquired and identify the CDBG national objective that will be
met. If the property was improved, the records shall describe the programmatic purpose
for which the improvements were made and identify the CDBG national objective that
will be met.
All non expendable personal property purchased in whole or in part with funds from this
and previous agreements with the CITY shall be listed in the property records of the
CONTRACTOR and shall include a description of the property, location, model number,
manufacturer's serial number, date of acquisition, funding source, unit cost at the time of
acquisition, present market value, property inventory number, information on its
condition, and information on transfer, replacement, or disposition of the property.
The CONTRACTOR shall obtain prior written approval from the CITY for the disposition
of real property, expendable personal property, and nonexpendable personal property
purchased in whole or in part with funds given to the CONTRACTOR pursuant to the
terms of this agreement. The CONTRACTOR shall dispose of all such property in
accordance with instructions from the CITY. Those instructions may require the return of
all such property to the CITY.
9.10 Reversion of Assets: The CONTRACTOR shall return to the CITY, upon expiration or
termination of this Agreement, all the assets owned or held as a result of this
7
Agreement, including, but not limited to any funds on hand, any accounts receivable
attributable to these funds, mortgages, notes, and other collateral and any overpayments
due to unearned funds or costs disallowed pursuant to the terms of this Agreement that
were disbursed to the CONTRACTOR by the CITY. The CONTRACTOR shall within 30
days of expiration or termination of this Agreement execute any and all documents as
required by the CITY to effectuate the reversion of assets. Any funds not earned, as
described and provided for in OMS A-122, by the CONTRACTOR prior to the expiration
or termination of this Agreement shall be retained by the CITY.
9.11 Conflicts with Applicable Laws: If any provision of this agreement conflicts with any
applicable law or regulation, only the conflicting provision shall be deemed by the parties
hereto to be modified to be consistent with the law or regulation or to be deleted if
modification is impossible. However, the obligations under this agreement, as modified,
shall continue and all other provisions of this agreement shall remain in full force and
effect.
9.12 Reneaotiation or Modification: Modifications of provisions of the agreement shall be
valid only when in writing and signed by duly authorized representatives of each party.
The parties agree to renegotiate this agreement if the CITY determines, in its sole and
absolute discretion, that federal, State andlor CITY revisions of any applicable laws or
regulations, or increases or decreases in budget allocations make changes in this
agreement necessary.
9.13 Riaht to Waive: The CITY may, for good and sufficient cause, as determined by the
CITY in its sole and absolute discretion, waive provisions in this agreement or seek to
obtain such waiver from the appropriate authority. Waiver requests from the
CONTRACTOR shall be in writing. Any waiver shall not be construed to be a
modification of this agreement.
9.14 Disputes: In the event an unresolved dispute exists between the CONTRACTOR and
the CITY, the CITY shall refer the questions, including the views of all interested parties
and the recommendation of the CITY, to the City Manager for determination. The City
Manager, or an authorized representative, will issue a determination within 30 calendar
days of receipt and so advise the CITY and the CONTRACTOR, or in the event
additional time is necessary, the CITY will notify the CONTRACTOR within the 30 day
period that additional time is necessary. The CONTRACTOR agrees that the City
Manager's determination shall be final and binding on all parties.
9.15 Indemnification: To the extent provided by law, the CONTRACTOR shall indemnify and
hold harmless and defend the CITY, its agents, employees, and elected officers from
and against any and all claims, demands or causes of action of whatsoever kind or
nature arising out of error, omission, negligent act, conduct or misconduct by the
CONTRACTOR, its agents, employees or officers in the performance of services under
this Agreement.
8
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on the day and
year written above.
WITNESSES:
URBAN LEAGUE OF PALM BEACH COUNTY,
INC.
By:
Print
Print
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this _ day of
200_. by , who is personally known to me.
NOTARY PUBLIC
Sign
Print
Personally Known OR Produced Identification
Type of Identification Produced:
ATTEST:
CITY OF DELRAY BEACH, FLORIDA
By:
City Clerk
Mayor
Approved as to form:
J~~
;4 S5!:City Attorney 2f?/ It?
9
ATTACHMENT "A"
SCOPE OF SERVICES
The major focus of the Urban League of Palm Beach County, Inc. under this Agreement will be
to administer a Comprehensive Housing Counseling Program for eligible residents of Delray
Beach. At least 51 % of the beneficiaries of a project funded under this Agreement must be low-
and moderate-income persons (as determined annually by HUD for the area).
The program is designed to enable clients to make informed and reasonable decisions in
achieving their housing goals or to assist in resolving their housing problem by using all
available resources. In support of these efforts, CDBG funds will be used to offset costs
associated with one part-time service delivery position (Defray Beach Satellite Office
Coordinator). Supported services under this Agreement include the following:
a. Mortgage application assistance
b. Pre-mortgage counseling
c. Default mortgage counseling
d. Money management
e. Emergency intervention (including food, energy & shelter assistance)
f. Housing discrimination referrals
g. Section 8 Housing application guidance
h. Reverse mortgage counseling
ATTACHMENT "B"
ALLOWABLE AND UNALLOWABLE COSTS UNDER OMB A-122
ITEM OF COST OMB A-122
INONPROFITS\
Unallowable Allowable
Advertising .J
Bad debts .J
Bonding .J
Communication .J
Compensation, personnel services .J
Contingency provisions .J
Contributions (to others) .J
Depreciation, use allowance .J
Donations (from others) .J
Employee morale, health, welfare .J
Entertainment .J
Equipment .J"
Fines, penalties .J
Fringe benefits .J
Fund raising, interest, investment management .J
Idle facility, idle capacity .J
Insurance & indemnification .J
Interest
Labor relations .J
Lobbying .J
Losses on other awards .J
Maintenance, repair .J
Materials, supplies .J
Memberships, subscriptions, professional activity .J
Organization costs ...r'
Overtime, shift premiums ...r'
Page charges in professional joumals (research) .J
Participant support costs .J"
Patent costs .J
Pension plans .J
Plant security .J
Pre-award costs .J"
Professional services .J
Profits, losses on asset disposition .J'
Public information service .v***
Publication and printing costs ...r"
Rearrangement, facility alteration .J"
Reconversion costs .J
Recruiting .J
Relocation .J'
Rental .J
, Allowable under limited circumstances.
" Allowable only with prior permission from the CITY.
,.. Allowable only as a direct cost with permission from the CITY.
ATTACHMENT "B"
ITEM OF COST OMB A-122
(NONPROFITS)
Unallowable Allowable
Royalties, use of patents, copyrights "
Severance pay "
Specialized service facilities "
Taxes "
Termination-related costs "
Training, education "
Transportation "
Travel "*
. Allowable under limited circumstances.
.. Allowable only with prior permission from the CITY.
... Allowable only as a direct cost with permission from the CITY.
ATTACHMENT "C"
INSURANCE REQUIREMENTS
WORKER'S COMPENSATION
This coverage shall include Worker's Compensation Insurance covering all employees and
include Employer's Liability with limits meeting all applicable state and federal laws. This
coverage must extend to any subcontractor that does not have their own Worker's
Compensation and Employer's Liability Insurance. Thirty (30) days notice of cancellation is
required and must be provided to the CITY via Certified Mail.
COMMERCIAL GENERAL LIABILITY
This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and
Operations; Independent Contractors' Products and Completed Operations and Contractual
Liability. This policy shall provide coverage for death, personal injury or property damage that
could arise directly or indirectly from the performance of this Agreement.
The Minimum Limits of Coverage shall be ($1,000,000) per occurrence, Combined Single Limit
for bodily Injury Liability and Property Damage Liability.
THE CITY OF DELRAY BEACH MUST BE NAMED AS AN ADDITIONAL INSURED ON THE
COMMERCIAL GENERAL LIABILITY POLICY. Thirty (30) days written notice must be
provided to the CITY via Certified Mail in the event of cancellation.
BUSINESS AUTOMOBILE LIABILITY
The minimum limits of coverage shall be ($500,000) per occurrence, Combined Single Limit for
Bodily Injury Liability and Property Damage Liability. This coverage shall be an "Any Auto" type
policy.
The CITY must be listed as an Additional Insured under the Policy. Thirty (30) days written
notice must be provided to the CITY via Certified Mail in the event of cancellation.
In the event that the CONTRACTOR does not own any vehicles, we will accept hired and non-
owned coverage in the amounts listed above. In addition, we will require an affidavit signed by the
CONTRACTOR indicating the following:
does not own any vehicles.
"Company Name"
In the event we acquire any vehicles throughout the term of his ContracUAgreement,
agrees to purchase "Any Auto" or
"Company Name"
Comprehensive Form coverage as of the date of acquisition.
The CONTRACTOR's Signature:
AGENDA REQUEST U
Request to be placed on: Date: February 2, 2006
_ Regular Agenda
_ Special Agenda
_ Workshop Agenda
xxxx Consent Agenda When: February 7, 2006
Description of item:
Request to approve and execute subrecipient agreements with the Communitv Child Care
Center ($75.000). Fair Housing Center of the Greater Palm Beaches. Inc. ($5.000) and
the Urban League of Palm Beach County ($15.000). Funding was allocated under the
approved Fiscal Year 2005-2006 CDBG Annual Action Plan. Funding will be made
available from the CDBG budget. Total funding is $95.000.
ORDINANCE / RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation:
Staff recommends approval and execution of the subrecepient agreements for funding,
Department Head Signature:
dfJ ~~jff -r;;; L6
City Attorney ReviewIRecommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding A vailable: ~O [):;f
Funding Alternatives: \
Account No. & Description: \
Account Balance: ~
(j)
(if applicable)
II~ - 19&(;" -c;9-I, 8Z-07
(lh /1 d {'cer( (/I4-<-1--C r/
$7<;;000
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City Manager Review:
Approved for Agenda: ~O
Hold Until: ?1
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
01<
~
MEMORANDUM
FROM:
David Harden, City Manager
Lula Buller, Community Improvement Director~ \)..JV'"
Kendra W. Graham, Community Development Administrator ~ ~~
TO:
THRU:
DATE:
February 1, 2006
SUBJECT:
Delray Beach Housing Renaissance Program Memorandum of Understanding and Policies
and Procedures 2006-2010
ITEM BEFORE THE COMMISSION
City Commission authorization and approval of the 2006-2010 Memorandum of Understanding and Policies and
Procedures which will govern the Delray Beach Housing Renaissance Program.
BACKGROUND
The first Delray Beach Housing Renaissance Program Memorandum of Understanding was approved by the City
Commission on January 23, 1996; approval of a one-year extension was later granted on December 2, 1997. On
February 19, 2002, City Commission approved a four year 2001-2004 Memorandum of Understanding. Since the
program's inception in 1996, approximately 162 families have been assisted.
The 2006-2010 Memorandum of Understanding and accompanying Policies and Procedures were designed to
incorporate the concepts used under the past agreements, while improving elements of the delivery system and
including the Community Land Trust as a "partnership" in order to better assist the citizens it serves in a most efficient
and effective manner. The City of Delray Beach's Community Development Division will continue to coordinate the
program and provide subsidy dollars through the State Housing Initiatives Partnership Program. Each Agency has
committed subsidy funding and/or expertise to this program as a "partnership" of efforts.
Partnership financing (first mortgage funding) is primarily provided through the Community Financing Consortium; the
Community Redevelopment Agency is providing $100,000 for financial assistance plus architectural designs, vacant
lots for purchase, loan guarantees and technical assistance to the non-profit agencies; the Delray Beach Housing
Authority will make available ownership units in their new proposed subdivision of affordable rental and owner-
occupied units of mixed income for low-income residents, as opposed to an annual financial allocation. The TED.
Center and the Delray Beach Community Development Corporation (CDC) will receive applications for the program,
screen and educate applicants on homeownership, process applications, submit requests for subsidy to the
Community Development Division and mortgage applications to the lending institution(s), work with participating
builders and represent the applicants during the construction phase (post-closing) of lhe home purchase. Their
compensation ($3,500 per loan closing) for the above mentioned responsibilities remains the same as under the
2001-2004 MOU. In addition, the Community Land Trust will provide leased land for home construction, ongoing
support for land leaseholders to include financial counseling, home maintenance training seminars, foreclosure
prevention assistance and act as defacto homeowner association for leased properties not included in existing
homeowner associations.
RECOMMENDATION
Staff recommends approval of the Delray Beach Housing Renaissance Program Memorandum of Understanding
2006-2010 and Policies and Procedures governing the program. All Executive Directors of the participating partners
have reviewed and approved the agreement.
1;;{
DELRA Y BEACH HOUSING RENAISSANCE PROGRAM
MEMORANDUM OF UNDERSTANDING
2006-2010
This memorandum of understanding, hereinafter refeITed to as the MEMORANDUM, entered
into as of the day of , 20_ by and between the public and private
sector participants of the Delray Beach Renaissance Program, hereinafter refeITed to as the
PROGRAM: The City of Delray Beach (City), the Delray Beach Community Redevelopment
Agency (CRA), the Community Financing Consortium, Inc. (CFC), the Delray Beach Housing
Authority (DBHA), the Center for Technology, Enterprise & Development, Inc. (TED Center),
the Delray Beach Community Development Corporation (Delray CDC) and the Community
Land Trust (CLT), hereinafter collectively are refeITed to as PARTNERS and/or
PARTICIPANTS.
Whereas, the Delray Beach Renaissance Program was formed as a result of the Visions 2005
Planning Retreat, sponsored by the Chamber of Commerce, which recommended that the
delivery of all affordable housing be coordinated through the City's Community Improvement
Department, and that all public and private agencies, housing providers and financial institutions
be asked to jointly participate in this coordinated effort to facilitate the delivery of affordable
housing throughout the City of Delray Beach.
The purpose of the Program is to:
I. Revitalize blighted communities and neighborhoods, with a primary focus on the
designated target areas of the City's CDBO and CRA geographic boundaries (see Exhibit
"A" and liB");
2. Create the opportunity to provide a viable economic mix of income levels within the
designated target areas, through the provision of homeownership assistance (for
households not exceeding 120% of median income for area--determined annually) (City
funds to assist homebuyers not exceeding 100%);
3. Provide decent, safe, affordable housing (and suitable living environments), for
households determined to be very low (1%-50%), low (51%-80%), and moderate (81%-
100%) income;
4. Encourage private sector homebuilders and rehabilitation contractors to
construct/rehabilitate new/existing affordable housing units within the City of Delray
Beach corporate boundaries. Buildable, vacant residential lots will be provided to
participating non-profit partner organizations and eligible families/customers;
5. Provide participating building/rehabilitation contractors and non-profit organizations
access to construction financing through a non-profit consortium of lenders known as the
Community Financing Consortium, Inc., (CFC) as well as other interested lending
institutions involved in the underwriting and financing of affordable housing;
1
6. Subsidize owner occupancy of affordable single-family residential housing units with
sale prices up to $280,000 for existing and new construction;
7. Provide an opportunity for area residents to receive homebuyer education, and develop
homeownership skills;
8. Provide for a comprehensive, coordinated approach to the delivery of affordable housing,
maximizing the ability to leverage available funds and stabilize residential neighborhoods
within the designated target areas;
Whereas, the participants of the Delray Beach Renaissance Program have committed specific
funding allocations to the further creation and success of the continued program, and
Whereas, the participants of the program have identified roles and responsibilities of each
of the participants as follows;
CITY OF DELRA Y BEACH (Community Development Division)
. To administer available grant funds (for homeownership opportunities) and ensure
compliance with all applicable governing regulations, statutes, local and state laws, and
program specific requirements;
. To exercise due diligence and responsible decision making to ensure that program funds are
committed and expended in the most expeditious and efficient manner possible (i.e. best use
of funds); subsidy awards to be approved in accordance with Policies and Procedures
contained herein;
. To undertake overall coordination, monitoring and reporting of all program requirements
related to the City administered funds under the Program;
. To maintain the availability of funds to be used as subsidies from the City's annual SHIP
allocation; the City will maintain its authority to approve/deny all Renaissance deals (on an
individual basis) requesting subsidy assistance from the City;
. To refer program applicants and interested persons to the non-profit Renaissance partner
agencies for credit counseling (if needed), application submittal, and mortgage qualification;
the City will ensure that all grant recipients under the Program are channeled through the
non-profit CDC partners;
. To act as the clearinghouse on behalf of all partners, coordinating the approval and advance
of subsidies (in accordance with program requirements) for eligible homebuyers, providing
income certifications for each participant family and/or lot.
. To continue providing appropriate incentives to units constructed under the Program as
defined under the City's approved Local Housing Assistance Plan (LHAP), required under
the State SHIP Program;
. To establish an intake and processing system governing the evaluation and approval of
individual and aggregated financing packages requiring subsidy assistance from the City;
. To provide technical assistance on grant applications designed to leverage partnership dollars
and when necessary, identify and recommend to the City Commission the submission of
2
appropriate grant applications (where needed) to further the success of the City's affordable
housing programs;
. To provide customary municipal permitting, inspections and services for all units
constructed/rehabilitated under the Program;
. Make available City acquired lots to potential homebuyers, participating non-profit CDC
partners or the Community Land Trust (CL T) as a means of subsidy, ensuring the
affordability of new units;
. Provide additional professional construction/rehabilitation inspections and services through
the Community Development Division for all units constructed/rehabilitated under the
Program. Payment of all invoices for rehabilitation work conducted will be approved
following (CD) inspection and approval of all invoiced items. Rehabilitation subsidies will
be held and disbursed by approved Title Companies. All acquisition/rehabilitation deals will
require pre-inspection and approval of "scope of work" prior to subsidy encumbrance or
approval;
. To provide incremental payments in the form of "developer fees" to the non-profit partner
agencies for eligible homebuyers under the Program not to exceed $3,500 per home
purchase. Fees will be provided as follows (following CD inspection and approval) for
acquisition/rehabilitation deals: 60% at closing; 40% at C/O / final inspection and final
draw. Fees will be provided as follows (following CD inspection and approval) for new
construction deals: 50% at closing; 50% at C/O / final inspection and final draw.
Authorized develooer fees will be distributed as follows: Acauisition/Rehabilitation
deals - Title Comoanv: New Construction - CD Division;
. To facilitate the construction of infrastructure improvements such as sidewalks, streets and
lighting when appropriate to facilitate the construction of infill housing units (at the
discretion of the City);
. To give priority consideration for subsidy assistance to applicants residing and/or working
within the City of Delray Beach at time of application; the CD Division will compliment the
marketing efforts of the non-profit CDC partner by marketing the first-time homebuyer
program(s) through our established network of Homeowners Associations;
. To evaluate and determine the cost effectiveness of each deal submitted for subsidy
consideration (construction and financing); the City will also monitor availability of housing
choices (i.e. cost, size, elevation, etc,);
. To continue providing specific construction permit fee waivers for all applicable new
construction deals under the Renaissance Program;
. To monitor all recorded Promissory Notes to ensure the recapture of invested funds where
necessary; each subsidy will be provided in the form ofa second (forgivable) mortgage to the
property;
. To ensure that architectural plans and designs used are compatible with neighborhoods
impacted, by providing recommendations and suggestions;
3
DELRA Y BEACH COMMUNITY REDEVELOPMENT AGENCY (CRA)
The Delray Beach Community Redevelopment Agency ("CRA") is a public agency established
by the City for the purpose of promoting commercial and residential redevelopment within the
City's designated redevelopment area. The CRA role as a Partner shall be:
. To provide second and/or third mortgage assistance to families between 60% and 120% of
the median income. The CRA will make available $100,000 annually in the form of a
subsidy to assist those families to reduce a portion of the cost of the home in order to lower
the end price to the homebuyer. At no time shall the CRA's subsidy exceed 100% of the
appraised value of the home as established by the lender's appraisal (funds are available for
each fiscal year.) However, there is no carry over of any balance to the next fiscal year;
. CRA funds are available for use only within the CRA targeted area and not in the larger
corporate boundaries;
. To provide an inventory of available vacant lots within the target area. Lots would be
provided to homebuyers by either an assignment of the contract and/or through a Request For
Proposal ("RFP") process as dictated by State Statutes. The RFP would be responded to by a
non-profit housing sponsor with a comprehensive plan of development on behalf of the
individual homebuyer;
. To provide lots with clean titles;
. To provide appraisals, soil boring, and surveys on lots purchased and/or contracted. The soil
borings attd surveys would be reimbursed to the CRA by the contractor and/or homebuyer at
the time of closing on the construction/permanent loan by the homebuyer;
. To make architectural plans purchased available to the homebuyer, non-profits and builders.
To work with the approved builders and non-profits to review elevations and floor plans and
provide recommendations and/or suggestions regarding improvements, cost to be included in
the purchase price of the home, prior to contracting with a homebuyer.
THE COMMUNITY FINANCING CONSORTIUM, INC. (CFC)
The Community Financing Consortium Inc. is a not-for-profit corporation involved in the
processing of first mortgage construction and permanent loans for affordable housing applican1s.
The CFC's role as a Renaissance Partner shall be:
. To provide technical assistance in grant applications to leverage partnership dollars and
when applicable, be an applicant or co-applicant with one or more ofthe partners in the
program;
. To provide a commitment for first mortgage financing to affordable housing applicants, at a
rate 50 basis points below the prevailing FNMA 30 day mandatory rate;
. To provide loan processing and mortgage financing to homebuyers and participating non-
profit organizations participating under the Program.
. To comply with monitoring and reporting requirements of funding sources such as the State
SHIP Program.
4
COMMUNITY LAND TRUST
The Community Land Trust is a private nonprofit corporation created to secure affordable access
to land and housing and to hold said land for the benefit of the community thereby ensuring
perpetual affordability of units. The CL T' s role as a Partner shall be:
. To provide leased land for home construction
. To provide ongoing support for land leaseholders including, but not limited to: financial
counseling, home maintenance training seminars
. To provide assistance in curing defaults that might result in foreclosure
. To serve as defacto homeowner association for leasehold properties not included in existing
home owner associations.
DELRA Y BEACH HOUSING AUTHORITY
The Delray Beach Housing Authority's role as a Renaissance Partner shall be:
Since program inception, the Housing Authority has contributed approximately $60,000. The
Housing Authority's funds are targeted to assist very low and low-income (up to 65% of area
median income) families in the transition towards self-sufficiency and permanent
homeownership, Pursuant to this agreement, the Housing Authority plans to redevelop the
property known as Carver Estates to create a community of affordable rental and owner-
occupied units of mixed income and mixed housing-types. The ownership units shall be made
available to eligible applicants of the Renaissance Program,
NOT -FOR-PROFITS: THE TED CENTER AND THE DELRA Y BEACH CDC
The two (2) non-profit agencies in the Program will continue to act as the primary housing
packagers for all homeownership packages under the program; they will remain responsible for
guiding Program homebuyer applicants from application/pre-qualification to loan closing, and
finally, through the construction/rehabilitation process; the agencies will act as the
applicant'slbuyer's agent or representative through the receipt of the required CD approval, and
Certificate of Occupancy (C/O) and/or Final Inspection from the City of Delray Beach.
Processing and development services will be compensated (in part) through the payment of
reasonable "developer fees" to be paid by the City of Delray Beach as a component of each
housing package. Fees generated will not exceed $3,500 per package. Additionally, the two (2)
agencies will participate in the submission of grant applications.
The non-profit Partners will also
. Submit only completed packages to the CD Division for review and initial approval;
requested subsidy packages will not be reviewed and funds will not be encumbered
unless/until the package is complete (including financing/lender documents). Once
determined complete and eligible, funds will be conditionally encumbered (award contingent
upon City Commission approval);
5
. Provide marketing opportumlIes for approved builders; required participating builders to
maintain the minimum availability of three (3) different home models (varying floor plans,
elevations, sizes, price ranges, etc.) at all times. A description of marketing tools utilized,
builder opportunities provided, and new initiative undertaken by each of the non-profit
agencies will be made available to the Partner agencies periodically;
. Submit files including a cover page delineating homebuyer's name, property location, family
size, and other narrative information describing specifics of the purchase (including current
file submission checklist);
. Ensure that each acquisi1ion activity contains a rehabilitation component; for our purpose,
"rehabilitation" means repairs or improvements which are needed for safe or sanitary
habitation, correction of code violations, or the creation of additional living space; cosmetic
improvements including painting (by themselves) do not fit this definition;
. Act as project developer by acquainting builders with program guidelines, code
requirements, and housing specifications, and to oversee the entire construction process (as
the applicant's !buyer's representative);
. Be responsible for ensuring that all builders/contractors utilized are licensed appropriately
and capable of performing all necessary work. The agencies will further be responsible to
ensure that all applicable permits, inspections, and fees are obtained and paid (as required for
the respective scope of work) per housing packages;
. Respond to lot sales offered by the City and CRA which require homebuyer applicants
to have a comprehensive plan of development and a non-profit sponsor as co-applicant;
. Provide assistance to applicants/homebuyers in obtaining a residential mortgage (loan
packaging) from the lender of choice. The non-profit agencies will prepare the completed
applicants files (to include request for subsidy assistance) and submit the same to the City of
Delray Beach Community Development Division for evaluation and processing, no later
than three weeks prior to the anticipated/tarfleted Citv Commission Meetinfl date:
. Homebuyer packages must contain up to date income verification documents (not older than
30 days) upon submission to the City for review;
. Refer applicants for (or provide) credit repair and/or counseling in order to qualify for a
(primary) mortgage;
. Provide pre-qualification and credit counseling/repair for home buyers, assist them with
the builder's construction contract, and in selecting a vacant parcel to purchase;
. Serve as agent for the Homebuyer in all communications with the builder;
. Participate in a formal "walk-through" with the homebuyer (as representative) at project
completion and prepare a "punch list" for required finishing work, in an effort to monitor
overall quality;
. Apply for grants designed to enhance program development and capacity. To act as lead
applicant or co-applicant in partnership with members of the Delray Beach Renaissance
Program;
. Provide homebuyer education workshops and seminars, including home maintenance and
repair, homestead exemption, code enforcement compliance issues, residential insurance, and
budget planning;
6
. Identify and seek out available funds to be used for leveraging existing program dollars such
as the Palm Beach County Commission on Affordable Housing - Housing Trust Fund;
. Ensure clear/marketable title is obtained for all properties to be purchased, conveyed, or
made part of in anyway, a subsidy request submitted to the City for assistance.
GOALS OF THE PROGRAM
The Partner agencies involved in this program will provide senior and junior mortgages,
packaging services, homebuyer assistance and program compliance support in relation to the
provision of approximately forty (40) affordable home purchases (ten per year) over the period
of this agreement. All assistance packages may be in support of first time homebuyers. As
many as twenty (20) packages (five per year) are targeted to be in support of the
acquisition/rehabilitation of existing homes.
TIME OF PERFORMANCE
This new agreement shall be in effect during the period March 1,2006 to March 1, 2010. All
roles and responsibilities shall be undertaken and performed in such sequence as to assume their
expeditious completion in light of the purposes outlined herein. An extension of this Agreement
shall be by consent of each participant.
TERMS AND CONDITIONS, POLICIES AND PROCEDURES
The Participants agree to comply with and be bound by all the terms and conditions ofthe
Agreement and Policies and Procedures.
TERMINATION
The Participants agree to cooperate in carrying out the purpose of this Agreement. Failure to do
so of the parties shall warrant termination of the Agreement provided notification is given in
writing within thirty (30) days prior to the effective termination date.
7
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the day and
year first above written.
ATTEST:
CITY OF DELRA Y BEACH, FLORIDA
By:
City Clerk
Mayor
Jeff Perlman
Approved as to Form:
COMMUNITY REDEVELOPMENT AGENCY
By:
Diane Colonna
Executive Director
City Attorney
DELRA Y BEACH COMMUNITY
DEVELOPMENT CORPORATION.
Witness:
By:
William Sanders
Executive Director
DELRA Y BEACH HOUSING AUTHORITY
CITY OF DELRA Y BEACH, FLORIDA
By:
Gary Rosen
Chairman of the Board
COMMUNITY FINANCING CONSORTIUM
By:
Wanda Gadson
Executive Director
THE CENTER FOR TECHNOLOGY,
ENTERPRISE AND DEVELOPMENT
By:
Seabron Smith
Executive Director
COMMUNITY LAND TRUST
By:
Jon Levinson
Interim Chairperson
8
EXHIBIT "A"
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CITY OF DELRAY BEACH, FL
PLANNING & ZONING DEPARTMENT
COMMUNITY DEVELOPMENT BLOCK GRANT
TARGET AREA
- - OIGITAL BASE MAP SYSTEM --
~AP REF: LMA192
EXHIBIT "B"
GEOGRAPHIC SUB-AREAS
COMMUNI7Y REDEVELOPMENT PLAN
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The Delray Beach Renaissance Program
Policies and Procedures
I. Purpose
The Program is a continuation of the jurisdiction's coordinated approach to housing delivery that
utilizes the expertise and resources of various affordable housing providers throughout the City.
The Program was originally designed and continues to provide homeownership opportunities to
eligible homebuyers through new construction and acquisition/rehabilitation of existing homes.
This continuation Program covers March 1,2006 through March 1,2010.
Soecificallv. the orOflram has as its ouroose:
. To revitalize deteriorated conditions and stabilize existing neighborhoods primarily within
the CDBG target area.
. To support and create additional opportunities to provide viable economic mixes of income
levels within the target areas (CDBG/CRA).
. To provide decent, safe, sanitary, and affordable housing for very low, low and moderate-
income households on a citywide basis.
. To assist in the development of new homes and acquisition/rehabilitation of existing homes
for first time homebuyers.
. Implementation of a comprehensive home building and community revitalization initiative.
Resources from each partnership participant will be leveraged to reduce the cost of housing
for very low and low-income homebuyers.
. To directly impact the "affordability" of homes purchased by supporting purchases in which
monthly mortgage payments, including taxes and insurance, do not exceed 30% of an amount
representing the percentage of the area's median annual gross income for the household.
However, housing for which a household devotes more than 30% of its income may be
deemed affordable if the primary mortgage lender is satisfied that the household can afford
mortgage payments in excess of the 30% benchmark.
. Through various incentives, encouragement of private builders to construct (new) affordable
housing within the target areas (CDBG).
. Provision of construction financing opportunities for participating builders and non-profits
through a consortium of lenders called the Community Financing Consortium, Inc., as well
as other interested lending institutions involved in the underwriting and financing of
affordable housing.
. Creation of a mix of affordable housing units with sale prices up to $280,000 for existing and
new construction or at a sales price as established by the Local Housing Assistance Plan
(LHAP) currently in effect.
. To market opportunities to all potentially eligible homebuyers, with priority consideration
given to applicant families residing and/or working in the City of Delray Beach.
9
. To encourage the participation of interested institutional first mortgage lenders throughout
the community in an effort to increase opportunities for the homebuyers and lending
community,
. To provide an opportunity for area residents to receive homebuyer education, credit
counseling and repair, develop homeownership skills, and obtain mortgage approval.
. To provide an affordable housing delivery system that supports and encourages the
commitment of maximum first mortgage capacity (and affordable front/back end ratios) for
all homebuyer packages.
II. Approval
These policies and procedures require approval by the Delray Beach City Commission, Delray
Beach Housing Authority, Community Redevelopment Agency, Community Financing
Consortium, Inc., Delray Beach Community Development Corporation (CDe), Delray Beach
Center for Technology, Enterprise and Development, Inc., (TED Center) and the Community
Land Trust (CL T).
III. Administration
Overall administration of this program shall be in accordance with the Memorandum of
Understanding entered into between the Delray Beach Affordable Housing Partners: The City of
Delray Beach, the CRA, the Delray Beach Housing Authority, the TED Center, the Delray
Beach CDC, the Community Financing Consortium, Inc. and the Community Land Trust.
Implementation of these policies and procedures shall be the responsibility of the City of Delray
Beach Community Development Department Administrator, the Executive Directors of the
Housing Authority, the CRA, the Community Financing Consortium, the TED Center, the
Delray Beach CDC and 1he Director of the Community Land Trust.
IV. Program Description
The following is a summary of homebuyer eligibility criteria and overall procedures for
implementation of the various components of the Program (unless revised due to
regulatory/program revisions associated with the funding source (s)).
1. Home-Duildin!!
This strategy involves the provision of as many as forty (40) single - family units during the four
(4) year agreement period (ten per year). All units may be newly constructed or utilizing the
acquisition rehabilitation strategy during the four year period. All existing unit acquisitions must
contain a rehabilitation component. A minimum of 60% of all subsidies provided by the City of
Delray Beach must serve to benefit households categorized as very low and low-income.
Priority assistance will therefore be given to those households.
10
Additional Elhdbilitv and Priority Considerations
Subsidy Limits: Program applicants under the Program will be processed on a first come, first
serve basis. The maximum subsidy assistance allowable to eligible program applicants is
$75,000.
The use of funds committed by the Delray Beach Housing Authority is restricted to households
with incomes not exceeding 65% ofMFI for the area.
Households with incomes between 60% and 120% ofMFI for the area are eligible for assistance
under the CRA Program component of this partnership. In calculating the value of the total
subsidy package, neither the waived building permit fees (which would normally be charged for
new home construction), nor the value of reduced impact fees, (which are available to units
constructed on lots with prior residential use), are to be considered part of the total subsidy
amount.
b. Resident/Employment Status: Applicants (documented) residing and/or working within
the corporate limits of the City of Delray Beach will be given priority consideration for
assistance.
c. Family Status: Parental households with dependent children shall receive pnmary
consideration.
d. Credit Worthiness: A credit report will be requested and reviewed with the participating
lender. Those households meeting the lenders credit standards will be further processed.
Those households that cannot meet underwriting standards/requirements will be referred for
credit counseling and other necessary services.
e. Package Requirements: Only those applicant packages submitted to the City for funding
assistance consideration which are complete and comply with all documentation
requirements will be given consideration (on a first come, first served basis).
f. Income: Household income will be computed in accordance with the State Housing
Initiatives Partnership (SHIP) Program guidelines (as well as other applicable funding source
guidelines). Income is considered to be the total for all persons residing within the
household; income limits are adjusted for family size. The same will be verified by a signed
employer verification form, and/or income tax records (for self-employed).
g. Special Needs: Personslhouseholds determined to have "Special Needs", in accordance with
the SHIP Rule at 91-37.002 and other cases determined by the City and according to the
LHAP, shall be given priority attd special consideration for assistance.
h. Debt Ratio (Affordability): All applicants will be screened based upon the primary lender's
income to housing debt ratio requirements. Housing expenses (PITI) shall not exceed 30%
of the MFI (for the area) adjusted for family size for the income category into which
11
household falls. Exception to this ratio can be made if a mortgage amount resulting in a
monthly payment in excess of 30% is approved by a primary lender.
i. Public Housing/Section 8 Tenants - Subsidy assistance provided by the Delray Beach
Housing Authority (Partner) will give preference to eligible familieslhouseholds who resided
at the Carver Estates Public Housing Complex and/or those receiving Section 8 rental
assistance.
j. Homebuyer Contribution: Each homebuyer household must contribute a minimum of two
(2) percent (%) of the total purchase price at time of closing.
k. Local First Time Homebuyers: Is defined as not having owned a home during the past
three (3) years, a single parent with children under the age of 18 who has recently been
divorced and/or displaced, a displaced victim of domestic abuse or a person displaced as a
result of a governmental action, and those who have special needs according to Chapter 67-
37.002 (13),
I. Local Homebuyer Asset Limitation: Homebuyers with household liquid assets in excess of
$15,000 will be required to decrease their asset value to under $15,000 through an additional
homebuyer contribution. Liquid assets to be analyzed on a case by case basis.
2. Homebuver Assistance
a. Assistance with Construction Financing: Forgivable no interest loans may be made for
"gap financing" purpose; principal reduction; payment of closing costs and impact fees
(ordinances adopted by Palm Beach County and the City of Delray Beach do not allow the
waiver of impact fees) associated with the construction of new affordable housing units. Subsidy
funds provided will be secured in the form of a second mortgage on the property and run for a
period of fifteen (15) years for loans less than $35,000 and thirty (30) years for loans of $35,000
or more with a 0% interest rate. Each recipient must agree that during this period, if the
household sells or transfers the property, except to pay for major health care expenses or by
inheritance at death, then the household shall repay to the City the full loan award. The City
shall determine on a case by case basis whether "major" health care expenses have been incuITed
by the household.
New construction of units will be allowed city-wide; however, priority will be given to those
units geographically located within the City of Delray Beach Community Development Block
Grant (CDBG) target area. Each construction package will be evaluated by Community
Improvement Department/Community Development Division staff to determine cost
feasibility/effectiveness and to ensure an efficient application of subsidy funds. All applicable
construction documents will continue to be required for submission to the City for evaluation.
The City reserves the right to evaluate each proposal and deny the award of subsidy based on the
above, All construction activities for which City subsidy funds have been awarded in support of
must be accomplished in an expeditious manner.
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Allowable "developers" fees (per package) for new construction activities will be provided by
the City as follows: 50% at closing; 50% draw at Certificate of Occupancy (CO)/ final
inspection. The Community Development Division must also confirm that work standards and
permitting and inspection requirements have been met. Participating lenders/providers of first
mortgages will be required to provide documentation to the City of Delray Beach delineating
final payment (in accordance with draw schedule) of construction funds to the selected
construction firms, within fifteen (15) days of final payment. Lenders will continue to
administer construction draws. However, allowable "developer fees" associated with new
construction activities will be distributed by the City of Delray Beach CD Division.
The City will continue to provide Affordable Housing Incentives for the new construction of
single-family (owner-occupied) housing units under the Renaissance Program, including: an
expedited permitting process, reduction of parking and set back requirements, reduction of local
landscape requirements, and the waiver of (specific) permit fees.
AcquisitionlRehabilitation of Existing Units: forgivable no interest loans may be made for "gap
financing" purposes; principal reduction; and payment of closittg costs in support of existing
home purchases for eligible first-time homebuyers. Subsidy funds provided will be secured in
the form of a second mortgage on the property and run for a period of fifteen years for loans less
than $35,000 and thirty years for loan amounts of$35,000 or more, with a 0% interest rate. Each
assistance recipient must agree that during this period, if the household sells or transfers the
property, except to pay for major health care expenses or by inheritance at death, then the
household shall repay to the City the full loan award. The City shall determine on a case by case
basis whether "major" health care expenses have been incurred by the household.
All existing unit purchases will be inspected by the Community Development Division as a
component of the evaluation process. This will be accomplished by the Division's Housing
Rehabilitation Inspector and Community Development Administrator or Housing Rehabilitation
Specialist. The Division will certify all work claimed to have been accomplished by the seller
and ensure that all other local requirements are met. Acquisition packages requiring post-closing
rehabilitation proceedings must submit a listing of the specific proposed rehabilitation
items/tasks to be addressed (by line item and amount). The Division's Inspector will inspect the
unit to ensure that requested repairs address (at minimum) all safety, sanitary, and habitation
issues, and correct all code violations. The proposed scope of work will be evaluated for cost
effectiveness. Under certain circumstances, additional work may be required, in order to bring
the unit (s) up to acceptable standards.
Rehabilitation funds will be held in escrow and distributed by the retained title company for each
package. Applicable "developer" fees will be escrowed and distributed as well. All construction
draws must be submitted to the CD Division for review and approval, prior to the release of
funds from escrow. The Division Admittistrator will authorize the payment of each draw (not to
exceed five) as a required signature to release funds from the Title Company (as per the
approved Escrow Agreement), The selected title company (s) must be willing to execute the
escrow agreement in order to participate. Allowable "developer" fees (per deal) will be provided
bv the Citv as follows: 60% at closing; 40% at C/O/final inspection and final draw. The selected
13
Title Company as a component of the draw (s) will also distribute such fees. In such instances
where the Title Company does not participate, the City of Delray Beach will escrow and
distribute the funds (same procedures).
Rehabilitation scope of work (chanl!e orders) / Reimbursements
Reimbursement will be processed for work/items included in the approved rehabilitation "scope
of work" as per closing documents (derivations must be approved in advance by the homebuyer,
selected contractor, and Community Development Divisiott). City funds will not reimburse
"unapproved" work/items, Prior to the release of funds, CD Division staff will inspect all
invoiced work to ensure completion, quality standards, and compliance with all codes and
requirements. The City will only reimburse work/items that has been completed/installed and
meets the following additional requirements. Invoices requesting payment for
completed/approved work must provide specific accomplishments (by line item) with the
corresponding amount (s), as per the approved scope of work.
Selected contractors are not permitted to perform additional work related to the property to be
paid by an alternative source (i.e. additional tile work, porch enclosure, landscaping additions,
etc., to be paid by the homeowner), while the City approved construction is underway. All
required/applicable permits must be obtained prior to the commencement of work; copies of
permits, proof of inspection approval (s), and the approved (and amended, if applicable) scope of
work must be posted "in clear view" at the job site during all stages of the rehabilitation. Only
licensed contractors are permitted to participate in the acquisition/rehabilitation program.
The City reserves the right 10 withhold payment based on the above requirements. In such
instances, funds will be released following the adequate and complete correction of all noted
issues of non-compliance. All work performed must include a waITanty covering at least a one
(I) year period following final payment and job completion. Construction companies
determined to present continual instances of non-compliance and/or poor quality workmanship
will be subject to program suspension and possible termination from program participation.
Instances wherein warranty work is not adequately addressed and corrected will be treated as
"abandonment." All issues of "abandonment" will be documented and reported.
The Community Development Division will apply all standards/requirements consistent with
those governing the Division's comprehensive Housing Rehabilitation Programs for owner-
occupied households.
3. Recapture Provisions
Familieslhouseholds assisted under the Renaissance Program shall be contractually subject to
Recapture Provisions through the recording of a second mortgage and promissory note, as set
forth in the City of Delray Beach Local Housing Assistance Plan (LHAP). These provisions
require that purchasers must occupy the assisted (subsidized) units as their principal residence
for a period of fifteen (15) years for loans less than $35,000 and thirty (30) years for loan
amounts of$35,000 or more. Otherwise, the purchaser (s) will be obligated to repay the full loan
14
award. Any moneys recaptured through the sale of a subsidized property within the designated
period shall be returned to the applicable subsidy program account and made available to another
eligible first-time homebuyer.
The second mortgage and promissory note will be recorded in the Public Records of Palm Beach
County, The City of Delray Beach will be notified (as a lien holder) upon sale of the subject
property.
4. ADDlication Process/Loan Processinl!
Applications for (affordable housing) assistance under the Program may be obtained from the
TED Center or the Delray Beach CDC. Each application for assistance under the Renaissance
Program will be initially processed by either the TED Center or the Delray Beach CDC.
Interested persons requesting applications from the CD Division will be referred to the Delray
Beach CDC and TED Center on a rotating basis.
Upon receipt of application, the non-profit partner agency shall evaluate the applicant household
and determine eligibility (in accordance with Rettaissance Program guidelines and program
regulations). The agency will provide pre-qualification services, credit counseling and repair,
housing unit and lot selection, building contractor assistance homebuyer education, provide
homeownership skills training, and give priority assistance to applicants residing and/or working
within the City of Delray Beach at time of application. The agency will guide each applicant
from application/pre-qualification to loan closing, and finally, through the construction
/rehabilitation process.
Upon successful pre-qualification, eligibility and preparation of all necessary documentation (as
required by the City of Delray Beach), the non-profit shall submit a completed applicant file to
the CD Division and request the estimated amount of subsidy needed. Complete files must be
submitted at least three (3) weeks in advance of the anticipated/targeted City Commission
meeting, The non-profit partner will have the responsibility to ensure that the selected primary
lender's financing documents are submitted to the CD Division concurrently.
Upon receipt of the completed applicant package from the non-profit Partner agency, the CD
Division shall evaluate the applicant information and determine eligibility in accordance with
this Program Agreement, governing program regulations/guidelines, cost principles and other
applicable federal, state, and local regulations, Once the in-house analysis and eligibility
determination is completed and the applicant is approved for funding consideration by the City
Commission, the package will be presented to the Commission for approval and a final award
determination. The CD Division will inform the applicant and non-profit partner of this action.
5. Contractor Pre-Qualification and Selection Process
A minimum of three (3) approved (licensed) builders are needed to participate in the new
construction program. Additionally, at least one (1) of the approved participating builders
should be willing to undertake the rehabilitation work associated with the
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Acquisition/Rehabilitation program, The performance of the selected builders shall be
monitored by the participating non-profit agencies and the Community Redevelopment Agency
(CRA). Basic contractor requirements for acceptance into the programs include, but are not
necessarily limited to the following:
. CUITent liability insurance coverage
. Demonstrative Financial Soundness
. Ability to provide a ten (10) year Home Owner's Warranty Program (new construction)
. Ability to provide a minimum of three different floor plans and elevations
. Ability to provide several choices of affordable units
. Possess a proven track record in the single family affordable market as attested to by
governmental agencies, non-profits agencies in the field, homebuyers, lending institutions,
and suppliers
. Current Workman's Compensation Insurance or exemption form
. CUITent occupational license
Contractors who know the followinf! are stronf!lv encouraf!ed to aDDlv:
. General principals of rehabilitation and construction of single family homes
. Local building codes and requirements
. What constitutes quality construction and workmanship
ParticiDatinf! contractors will be exDected to:
. Perform quality work
. Communicate well with others
. Meet construction deadlines and complete work on time
. Establish a rapport with unit owners and respect their desires
. Follow up on warranty work and complaints in a timely manner
. Follow sound and honest business practices
Mortl!al!e Financinl!
The selected participating lending institution shall provide all necessary (to include revised) loan
closing documentation and confirmation of loan closing date, to the Community Development
Division at least (1) week in advance of the anticipated loan closing.
Mandatory Homebuver Seminars
Homebuyers shall be required to attend at least two 4-hour training sessions. One session shall
be held prior to closing as a condition of the loan closing. The second session shall be held close
to the time of occupancy to educate households about the responsibilities of home ownership and
16
building maintenance, The non-profit housing partners shall coordinate each session with
assistance from other participants as needed. Proof of completion should be made part of each
applicant'slhousehold's file.
These sessions shall at a minimum include the following topics:
. Personal Finance and Planning
. Credit and Borrowing
. Fair Housing Issues
. Maintenance and Upkeep
. Underwriting Criteria
. Property Tax Information
. Other information as required by participants and federal/state regulations
During the period covered by this Agreement, the City will explore additional resources in
support of homebuyer education. Both pre and post -closing educational opportunities will be
evaluated for their potential future application under the Renaissance Program.
Lot ACQuisition and Title Repair
The Community Redevelopment Agency (CRA) shall have the primary responsibility of seeking
out vacant (buildable) lots suitable for infill housing. These lots may be purchased outright and
then resold as part of the loan package, or they maybe assigned through a lot contract between
buyer and seller and the sale completed at the time of closing. Vacant lots owned and made
available by the CRA and the City of Delray Beach will be cleared of all title issues/problems
prior to conveyance to a potential home buyer.
Lot ACQuisition for New Construction
Assistance with the purchase of vacant, single family lots within the boundaries of the CDBG
Target Area may be given to eligible sponsors or the very low, low and moderate income
households needing to subsidize a portion of the cost of the home or mortgage to reduce the end
price. Lots acquired and provided to eligible sponsors and/or families will be conditioned on
construction beginning within twelve months of closing or assignment of the lot, and the
condition that the new unit must be completed within 24 months of the fiscal year in which it
was acquired. Families receiving this form of assistance must be approved for a mortgage.
Lots shall be provided on a first come/first served basis. However, lots which have been
identified as having had prior construction (and thereby eligible for County road and residential
impact fee waivers), will be set aside for eligible very low-income households.
17
Agenda Item No.: ~
AGENDA REQUEST
Request to be placed on:
X Regular Agenda
_ Special Agenda
_ Workshop Agenda
_ Consent Agenda
Date: February 1,2006
When: February 7, 2006
Descriotion of item:
Authorization and approval of the Memorandum of Understanding and the Policies and
Procedures that govern the Delray Beach Housing Renaissance Program for 2006-2010.
Recommendation:
Staff recommends approval of the Delray Beach Housing Renaissance Program Memorandum of
Understanding for 2006-2010. The Memorandum of Understanding and Policies and Procedures
has been approved by all of the partnering agencies.
Department Head Signature:
~I~
"'-'>
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:
&/NO tr7v1
Agenda Coordinator Review:
Received:
Placed on Agenda:
MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER .f)'JV/
AGENDA ITEM ~ '62 - REGULAR MEETING OF FEBRUARY 7. 2006
REPORT OF APPEALABLE LAND DEVELOPMENT BOARD ACfIONS
TO:
SUBJECf:
DATE:
FEBRUARY 3, 2006
Attached is the Report of Appealable Land Use Items for the period January 17, 2006 through February
3, 2006. 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 C1e,k\ogenda memos\apogmemo 020706
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FROM:
SUBJECT:
DAVID T~~~NAGER
PAUL Dg~G, DIREC?JR OF PLANNING AND ZONING
JASMIN ALLEN, PLANNE~ ~.J'rW~ ~'Y\ ..
MEETING OF FEBRUARY 12006 .CONSENT AGENDA.
REPORT OF APPEALABLE LAND USE ITEMS JANUARY 17, 2006 THRU
FEBRUARY 3, 2006
TO:
THRU:
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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 January 17, 2006 through February 3, 2006.
~~"..'.IJIfIJ!'~~~__
This is the method of informing the City Commission of the land use actions, taken by designated
Boards, which may be appealed by the City Commission. After this meeting, the appeal period shall
expire (unless the 10 day appeal period has not occurred). Section 2.4.7(E), Appeals, 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.
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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 (7 to 0), of a modification to the SAD (Special Activities District)
zoning district to allow the construction of two new buildings which total 17,700 square feet
for the Delray Beach Extra Closet, located on the east side of Military Trail approximately
2,450 feet south of Lake Ida Road.
. Recommended approval (7 to 0), of a rezoning from SAD (Special Activities District) to RM
(Medium Density Residential) for Bahia Delray (fka Waterford Village Apartments), located
approximately 2,100 feet south of Linton Boulevard, between 1-95 and Lindell Boulevard.
. Recommended denial (7 to 0), of a Future Land Use Map amendment from County RL-3
(Low Density Residential - 3 units per acre) to City TRN (Transitional) and Annexation with
the establishment of initial City zoning of SAD (Special Activities District), for Safe and
Secure (aka Robotic Space Savers) located at the southwest corner of Conklin Drive and
Military Trail.
. Recommended approval with conditions (7 to 0), of a conditional use request for Delray
Beach Yacht Club, associated with the demolition of the existing yacht club and construction
of a four story building which will accommodate a new yacht club, 20 residential
City Commission Documentation
Appealable Items Meeting of February 7, 2006
Page 2
condominium units and associated parking, located on the west side of MacFarlane Drive, between
Miramar Street and Ingraham Avenue.
. Recommended approval (7 to 0), of an abandonment of a 16' wide by 498' of a North-South
alleyway lying within Block 54, of the plat of the Town of Linton and of Heisley Estates Subdivision,
located south of SW 1s1 Street, between SW 1st Avenue and SW 2,d Avenue.
. Recommended approval (7 to 0), of an amendment to the Land Development Regulations Section
2.4.4(E) "Expiration of Approvals" to clarify the approval timeframes for Class I, II and III Site Plan
Modifications.
~~SI_.~E~e~~~~oo__J
A. Postponed (6 to 0, Andrew Youngross absent), a request appealing the staff's decision regarding
a free standing multi-tenant commercial sign for Tenth Street Commerce Park, located on the
south side of SW 10th Street, west of SW 10th Avenue (1100 SW 10th Street).
B. Approved (5 to 0, Dan Carter stepped down), a Class I site plan modification associated with
architectural elevation changes involving cosmetic repairs to hurricane damage and installation of
a metal roof for Congress Square, located at the southwest corner of Congress Avenue and
West Atlantic Avenue (120 South Congress Avenue).
C. Approved (6 to 0), a Class II site plan modification associated with landscape improvements for
Martell Arms, an existing residential development, located on the west side of NE 8th Avenue,
north of George Bush Boulevard (1010 NE 81h Avenue).
D. Approved (4 to 2, Christina Morrison and Dan Carter dissenting), a Class V site plan associated
with the construction of a mixed-use development that contains 8 townhouses, 3 loft dwelling units
and 2,642 square feet of office floor area for Atlantica, located between North Federal Highway
and NE 7th Avenue, north of George Bush Boulevard. The Board also approved the landscape
plan (5 to 1, Christina Morrison dissenting) and the architectural elevation plans (4 to 2, Christina
Morrison and Dan Carter dissenting). Concurrently, the Board approved the following waivers:
. Reducing the 20-foot visibility triangles at the intersection of the driveway and the right-of-way
to 15 feet.
. Reduced the required perimeter landscape strip from 5 feet to 1.3 feet.
E. Postponed (6 to 0), the Class V site plan, landscape plan and architectural elevation plan
associated with the construction of 36 townhouses and a mixed-use building that contains 4 loft
dwelling units and 19,448 sq. ft. of office for Coda, located on the south side of SW 1st Street,
between SW 1st Avenue and SW 2,d Avenue. The Board voiced concerns regarding the layout of
the site.
F. Approved (6 to 0), a Class V site plan, landscape plan and architectural elevation plan for Atlantic
Shores, a proposed five story residential building that contains 64 parking spaces on the first floor
and 35 dwelling units distributed on the second thru fifth floors. Concurrently, the Board
approved the following waivers:
. Reduced the required stacking distance from 50 feet to 44 feet at the intersection of SE 2,d
Avenue and the ingresslegress drive aisle.
. Reduced the required 20 feet site visibility triangle to 10 feet at the intersection of SE 2,d
Avenue and the access drive.
City Commission Documentation
Appealable Items Meeting of February 7, 2006
Page 3
., ~~ HIS~'.S_~ION=lf~N~tlJLiIll.=~..
1. Postponed (6 to 0, Maura Dersh absent), a request for a Certificate of Appropriateness associated
with the construction of a single family residence located at 112 NE 7'h Street. The Board
requested that the applicant address the scale and massing of the structure.
2. Postponed (6 to 0), a request for a Certificate of Appropriateness associated with the
construction of a single family residence located at 116 NE 7th Street. The Board requested that
the applicant address the scale and massing of the structure.
3. Approved (6 to 0), a request for the partial demolition of an existing structure located at 711 North
Swinton Avenue. The Certificate of Appropriateness request associated with the construction of a
3,400 sq. ft. two-story addition was postponed on a 5 to 1 vote (Joann Peart dissenting).
._i5clF~"~~.,~ C~~_.=. :r~
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By motion, receive and file this report.
Attached: Location Map
CITY OF DELRAY BEACH, FLORIDA
City Commission Meeting - GULF STREAM BLVD
February 7, 2006
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CITYOFDELRAYBEACH, FL
PLANNING & ZONING DEPARTMENT
DECEMBER 2005
. . DIGITAL BASE MAP SYSTEM - -
MEMORANDUM
TO:
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM - REGULAR MEETING OF FEBRUARY 7.2006
AWARD OF BIDS AND CONTRACTS
SUBJECT:
DAlE:
FEBRUARY 3, 2006
This is before the City Commission to approve the award of the following bids:
1. Lease award to Enterprise Rent-A-Car in the total annual cost of $43,200.00 for a twelve
(12) month lease of six (6) vehicles for the Vice, Intelligence, and Narcotics (VIN) Unit of
the Police Department. Funding is available from 001-2115-521-44.40 (General
Fund/Vehicles).
2. Contract award to Hatcher Construction & Development, Inc. in the amount of
$61,156.70 for interior and exterior renovations associated with the Neighborhood
Resource Center Rehabilitation Project. Funding is available from the Community
Development Block Grant Program (Other Grants & Aids).
3. Purchase award to Metro-Dade K-9 in the total amount of $16,400.00 for the purchase of
one (1) Green Canine and one (1) Tided Canine for the Police Department. Funding is
available from 001-2115-521-52.25 (General Fund/K-9 Expenses) and 115-2111-521-49.90
(Special Projects Fund/Other Current Charges/Obligations).
4. Contract award to Johnson Davis in the amount of $833,700.00 for the Lake Worth
Drainage District (LWDD) L-33 Canal Box Culvert Extension Project. Funding is
available from 380-4150-572-63.23 (G,O, Bond/Neighborhood Parks).
5. Contract award to Associates Roofing in the amount of $553,799.00 for the Municipal
Golf Course Clubhouse Re-rooflng Project. Funding is available from 551-1575-591-45,50
(Insurance Fund/Property Claims-Golf Course Clubhouse Root),
6. Contract award to Accurate Events in the amount of $34,988.00 for Security Guards,
Supervisors and Body Guard Services for the International Tennis Championships at the
DeIray Beach Tennis Center. Funding is available from 001-4210-575-55.40 (General
Fund/Tennis Operations).
7. Contract Award to JBE Technology, Inc. at a total cost of $169,711.82 (to be paid for by
FEMA, the State of Florida and Property Insurance proceeds) for the replacement of
wireless equipment presendy located at 12 remote sites throughout the City. Funding is
available from 551-1575-591-45.50 (Insurance Fund/Property Claims).
8. Bid Award (Extension) to Special Products Group, Inc. in the amount of $22,887.00 via
the City of Boynton Beach Bid #062-1412-03/C]D for an additional year at the same
terms and conditions for the purchase of dress and work uniforms for the Fire
Department. Funding is available from 001-2311-522-52.22; 001-2313-522-52.22; 001-
2315-526-52.22; and 001-2317-522-52.22 (General Fund/Fire/Uniforms).
Recommend approval of the above bids and purchases.
S:\City C1erlt\agenda memo\B;d Memo 020706
Delray Beach
Police Department
300 West Atlantic Avenue
Delray Beach, Florida 33444-3695
(561) 243-7888 Fax (561) 243-7816
~
DELRAY BEACH
.....
All-America City
, , III:
Joseph L. Schroeder
Chief of Police
2004
1993
2001
MEMORANDUM
TO:
David Harden
City Manager
FROM:
Tina L. Lunsford
Administrative Officer
DATE:
January 18, 2006
SUBJECT:
AGENDA REOUEST
The Delray Beach Police Deparhnent has requested that the attached Consent Agenda go before the
Commission on Februwy 7, 2006 for approval. The annual lease of vehicles to support undercover
operations by the Police Deparhnent's Vice, Intelligence and Narcotics (VIN) Unit expires Februwy
2006. We cUITently have a lease agreernent with Mears Motor Leasing of Orlando. The Police
Department wants to switch vendors. Three quotes were received and the breakdown is listed below:
Vendor Monthlv Amount Mileal!e Exchanl!es
Enterprise $585.00 - $675.00 ea Unlimited, except luxury $.17 per mile over Unlimited
2,000 miles month.
Hertz $880.99 ea Unlimited Unlimited
Mears $610.00 - 695.00 ea 2,000 per month, 12 cent per mile after that If needed at their
Orlando location
The Police Deparhnent recommends that we lease from Enterprise. They offer the best price and vehicle
selection as well as convenience of location. For safety reasons the VIN unit sometimes needs to switch
vehicles and Enterprise is local, which makes it easier to swap vehicles. With Mears we have to go to
Orlando to swap vehicles.
The enclosed documentation provides a sample lease agreement and the selection and pricing of the
vehicles available. The VIN Unit has selected the following vehicles:
5
I
a e 3 of the contract
Monthl Cost
$585.00 ea
$675.00 ea
Total Monthl
$2,925.00
$ 675.00
$3,600.00
$43,200.00
Total Monthl Cost
Total Annual Cost
Funding required through September, 2006 in the amount of $28,800.00 is available in 001-2115-521-
44.40. Should you require further information, please contact me at ext. 7852_
TLUrmh
Attachment
Serving with P.RJD.E.
Professionalism, Respect, Integrity, Diversity and Excellence
~.l
Enterprise
1 BOO ren1"-a-car
'"
Car RentaIlLease Contract
Whereas Enterprise Leasing Company, A Florida Corporation (hereinafter referred to as
"lessor" or "Enterprise"), and the City of Del ray Beach, a Municipal Corporation
organized under the laws of the state of Florida (hereinafter referred to as "lessee" or
"City") desire to enter into an agreement which is to be governed by the following terms
and conditions (hereinafter referred to as 'Agreement" or "Lease"):
Term
Twelve (12) months, beginning February 1, 2006 and expiring on February 1,
2007. This Agreement may be extended for two (2) additional years upon mutual
agreement of the parties. All conditions will remain the same, with a possible rate review
subject to increase in accordance with the preceding years Consumer Price Index (CPI)
for All Urban Consumers. In no event shall the price adjustment exceed five percent (5%)
or be less than one percent (I %). The City shall at its own discretion have the flexibility
to add additional vehicles or return vehicles, as their needs require. The City shall have
the right to terminate this Agreement with or without cause upon providing Enterprise
with written notice and returning all vehicles leased under 1his Agreement.
Deliverv
Vehicles will be made available at the closest Enterprise office or any office that
the City finds convenient.
Cars to be Provided
Enterprise will provide a selection of cars, vans, and trucks from which the City
may choose. This selection will be classified into groups for pricing. From these groups,
the City may choose the vehicle desired, During the term ofthis Agreement, the City
may exchange vehicles within the same pricing groups at any time. If at any time a
vehicle is disabled due to a mechanical or accidental reason, a replacement or exchange
vehicle will be issued immediately upon return of said vehicle. A wide variety of vehicles
will be made available both as to make, model, and color.
Maintenance
Enterprise will maintain the vehicles provided under this program, both as to
mechanical repairs and routine maintenance. When a vehicle is down for service, a
replacement vehicle will be provided immediately upon return of said vehicle. In the
event of an accident, a loaner or replacement vehicle will be provided at no additional
charge while the downed vehicle is repaired.
Confidentiality
Given the nature of the use of these vehicles, Enterprise will ensure total
confidentially of the vehicles and the users of such vehicles,
Vehicle U sal!e
It is understood and agreed that vehicles rented under this Agreement are intended
for undercover investigation and surveillance by the City of Delray Beach Police
Department. The vehicles rented under this Agreement are not intended for use in traffic
control and enforcement, nor are they intended for use in chase and apprehension or
transportation of suspects under arrest. It is further understood that a situation may occur
outside the control of either the City or Enterprise, which may require emergency use of a
vehicles in an unanticipated fashion.
Mileal!e Limitation
Vehicles can be driven unlimited miles, excluding Luxury vehicles which have
been limited to Two Thousand (2,000) miles within a 30 (thirty) day rental cycle, the City
will pay a $.17 per mile charge for each mile over Two Thousand (2,000).
Modification of Vehicle
Enterprise specifically agrees that the City may, at its own expense apply tinting
to the windows of any vehicle, Subsequently, there will be no charge to the City to
remove the tinting if it becomes necessary. The City will maintain the tinting as to not
detract from the value of the vehicle, The City may, at its own expense install any
electronic equipment it may deem necessary, providing said installation causes no
permanent damage to the vehicle (i.e. holes in sheet metal or dash area of vehicle).
Hillin!! and Payments
The City will issue a purchase order to cover vehicles under this Agreement.
Enterprise will invoice the City on a monthly basis and expect payment within Thirty
(30) days, following receipt of said invoice by the City.
Insurance
During the term of the Lease, the City must maintain General Liability,
Automobile Liability, and physical damage insurance on the vehicles that covers both the
City and Enterprise. The City agrees that it will provide primary insurance coverage.
Enterprise acknowledges that the City self-insures against property damage and personal
injury and death, and Enterprise agrees to accept the Ci1y's self-insurance policy The
City's insurance policy must provide that Enterprise will be notified in writing at least ten
(10) days before the insurance is cancelled or coverage altered. In the event of a total
loss or destruction of vehicles, the City's maximum exposure shall be the fair market
value ofthe vehicle based on the standard CCC1 Total Loss Evaluation.
Enterprise shall provide the City with evidence of insurance as follows: Workers
Compensation, General Liability to include Errors and Omissions (Professional) Liability
and Automobile Liability.
Rate Structure
Group I
Group II
Group III
Group IV
Compact and Intermediate cars
Standard and Full-size cars
SUV, Pickup Truck, and Minivans
Luxury
$520 per month
$535 per month
$585 per month
$675 per month
Accepted
By:
Date:
Tom Caccamo
Regional Vice President
Enterprise Leasing Company, a Florida Corporation
By:
Date:
Name
Title
City of Del ray Beach
1 Name of Enterprises Insurance Company
DELRA Y BEACH POLICE DEPARTMENT
MEMORANDUM
TO:
FROM:
Captain Ralph J. Phillips, Jr.
Lieutenant Tina Heysler ~
DATE:
November 9, 2005
SUBJECT: V.I.N. VEHICLE LEASES
I have reviewed the attached package from Sergeant Battiloro regarding V.I.N.
leased vehicles. I concur with his findings that Enterprise Rent-A-Car would be
the best choice for our leased needs. Not only does Enterprise offer lower
leased prices per vehicle but also unlimited mileage per vehicle and a larger
selection of vehicles. Additionally, they are a local agency which will provide for
all maintenance needs including replacement vehicles during maintenance.
THIel
Attachment
Serving with P.R./.D.E.
DELRAY BEACH POLICE DEPARTMENT
TO:
FROM:
DATE:
Lt. Tina Heysler
Sgt. J. Battilor@
November 9, 2005
SUBJECT: V.!.N. VEHICLE LEASES
Our current contract with Mears Motor Leasing for V.I.N, vehicles ends in
February 2006 (per Director Lunsford). Mears presented me with their 2006
vehicle list and prices, which I found to be limited. I solicited and received
additional vehicle lease proposals from both Hertz and Enterprise. The price
quotes on comparable vehicles from all three follows:
Hertz: $880.99 per month per vehicle. Unlimited mileage and exchanges.
Mears: $610.00 - $695.00 per month per vehicle. 2000 miles per month, twelve
cents per mile thereafter. Exchanges available if needed at their Orlando
location.
Enterprise: $585,00 per month per vehicle. Unlimited mileage and exchanges.
Enterprise has two locations within the city. Hertz is located in West Palm Beach.
Mears is located in Orlando.
It is my recommendation that we lease from Enterprise starting in February 2006.
They offer the best price and vehicle selection as well as convenience of
location. Additionally, the city has an existing account with Enterprise. The Police
Department would realize a savings with this move (monthly payment,
registration, maintenance) and the potential effectiveness of the V.I.N. Unit
(immediate, local vehicle swaps) would increase as well. The Boca Raton Police
Departments' Vice Unit uses Enterprise. I spoke with their Vice Sergeant, Ryan
Kenny, about their experience with Enterprise and he highly recommended them.
I have attached all pertinent information for your review,
10/04/2005 13:55 FAX
t ILt IiUI'~To2/002
Whether you need 1 or 100, we have them. In fact, with more than 500,000 vehicles,
we operate the largest rental fleet in North America. So whether it's a car, truck or van,
you get the exact vehicle you need.
,\
COMPACT ';,
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Dodge N.on
or slmUar.
FUll SIZE "j
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,
Pontl.C' Grand Prix.
Chevrolet Impala 0..- .imllar.
,
INTERMEDIATE :,.;
STANDARD _ .,f'
U)',
,
Pontiac Sl.Inflre, CheYT'Dl.t Cavalier
orslm1lar'.
Chovroltn: MAUbu.
Pontiac Grand Am or Jim II.,.
PREMIUM "
,"
LUXURY ::'
: &'75""
Pontiac Bcnnewille, Qukk LeS.o.b,.. or
similar.
Cadillac DeVlII.,
Uncoln Town Cur or Ilmflsr.
Chevrolet Tr'aiIBlazer,
Ford Explor'er' o( similar.
M-.d.l......."lIilalollbm.)'VWJ'brloadon..
, 5f(
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LARGE SPORT UTILI .
"
PICKUP TRUCK ";
"
Chevrolet Suburban
or similar,
Chevrolet: SlIvtlrado,
Ford F-150 or s.lmllar.
~~
Ford
Ec:onol1ne or ~Imll.(llr.
10/06/05
10:36 FAX 4075784924
. ."
MEARS EA~TERN ANNEX
.....MEARS..
.,'ivi:OTOR:.
LEAS.ING
"
FAX TRANSMISSION
FROM:
PHONE:
EMAIL:
David R. Pickard, Senior Account Executive
407-298-2982 ext. 312 FAX: 407-578-4924
dpickard@Jnearsleasing.com
VEHICLES
EQUIPMENT
TO:
COMPANY:
DATE:
FAX:
Citv of Delrav Beach Police DeDI.
October 6. 2005
561-243-7806
RE:
Additional Vehicle Choices with Pricinl!
Attached is a list of the 2005 - 2006 New Vehicle Choices for the City of Delray Beach P .D.
I can also offer you the following vehicles:
2006 Ford Expedition XLT
2006 Dodge Mega Cab SLT
2006 Toyota Sequoia SRS
2006 Nissan Armada SE
@ $695.00 peJ: month
@ $675.00 per month
@ $695.00 per month
@ $695.00 per month
The 2006 Hummer H2 is not available.
:1?i
Senior Account Executive
Total Number of Pages ~
3905 EI Rey Road. Orlando, FL 32808 . Phone 407.298.2982 . Fax 407.578.4924
www.mearsleasing.com
A DIVISION OF The Banc@ank FDIC Insured
10/06/05 10:37 FAX 4075784924
MEARS EASTERN ANNEX
~002
"
fILE COpy
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;t:;~i?"t;le:
VEHIa.ES
EQUIPMENT
,
CIlY OF DELRAY BEACH
2005-2006 UNMARKED UNDERCOVER
NEW VEHICLE CHOICES
AUTOMOBILE
Vehide Year Make Model Trim Engine Lease
Classification Rate
Mid Size Sedan 2006 Chevrolet Impala LS, 6Cyl. $565.00
3.8
Mid Size Sedan 2006 Dodge Stratus SXT 6Cy1. $565.00
2.7
Mid Size Sedan 2006 Dodge Charger SXT 6Cyl $565.00
3.5
Mid Size Sedan 2006 Nissan Maxima SL 6Cyl. $565.00
3.5
Mid Size Sedan 2006 Nissan A1tima SE 6CyI. $565.00
3.5
Mid Size Sedan 2007 Nissan Altima 2.55 4Cy1. $565.00
2.5
Mid Size Sedan 2006 Honda Accord LX 4Cyl. $565.00
2.0
Mid Size Sedan 2006 Honda Accord LX 6Cy1. $565.00
3.0
Mid Size Sedan 2006 Ford 500 SEl 6Cyl. $565.00
3.0
Full Size Sedan 2006 Chrysler 300 Touring 6Cyl. $565.00
3.5
TRUCKS
Vehicle Year Make Model Trim Engine Lease
Oassification Rate
Mid Size Pick UP 2006 Dodge Dakota Quad SLT 8Cyl. $565.00
4.7
Full Size Pick UP 2006 Ford F1S0 SuperCrew XLT 8Cy1. $610.00
4.6
Full Size Pick UP 2006 Dodge Ram 1500 Quad SLT 8Cyl. $610.00
4.7
Full Size Pick UP 2006 Chevrolet Silverac!o 1500 LS 8CyI. $610.00
Dew 5.3
Full Size Pick UP 2007 Nissan Titan Crew Cab SE 8Cyl $610.00
(SubJ. to 5.6
availabililv)
Full Size Pick UP 2006 Toyota Tundra Double SR5 8Cy1. $610.00
Cab 4.7
3905 EI Rey Road, Orlando, FL 32808. Phone '107-298-2082 . Fax 407-578-4924
www.mearsleasing.com
A FINANCIAL olVXSION OF
n.e Ban@nk
10/06/05 10:37 FAX 4075784924
MEARS EA.STERN ANNEX
FILE COpy003
;
SPORT UTILITY
Vehide Year Make Model Trim Engine Lease
Classification Rate
Compact suv 2006 Jeep Liberty limited 6CYI. $565.00
3.7
Compact SUV 2006 Toyota Highlander 6cyl. $610.00
3.0
Compact 5UV 2006 Ford Escape XLT 6cyl. $565,00
3.0
Mid Size SUV 2006 Dodge Durango SLT BCyl, $610.00
4.7
Mid Size SUV 2006 Jeep Grand Cherokee Laredo 6cyl. $610.00
3.7
Mid Size SUV 2006 Toyota 4 Runner SR5 6cyl. $610.00
4.0
Mid Size SUV 2006 Chevrolet Trailblazer LS 6Cyl. $610.00
4.2
Mid Size SUV 2006 Honda Pilot EX 6Cyl. $610.00
3.0
Vans
Vehide Year Make Model Trim Engine
OBsslficatlon
Mid Size Mini Van 2006 Dodge Grand Caravan SXT StowNGo 6cyl. $610.00
3.8
Mid Size Mini Van 2006 Ford Freestar SE 6Cyl. $610.00
3.8
Cross OVer Vehides
Full Size 2006 Dodge Magnum SXT 6cyl. $565.00
3.5
Full Size 2006 Chrysler Pacifica Touring 6cyl. $565.00
3.5
Full Size 2006 Ford Freestyle SEL 6cyl. $565.00
3.0
All Trudcs and Sport Utility Vehldes are 2 Wheel Drive
Vehide O1oices Are Subject to Availability
Revised 10/6/2005 I T I I I
3905 EI Rey Road, Orlando, FL 32808. Phone 407-298-2082 . Fax 407-578-4924
www.mearsleasing.com
A FINANCIAL DMSlON OF
The Baric@arik
fiLE COpy
October 6, 2005
TM Hertz oration
31768" d.reR<f.. Westpa/rnBe.ch. Fi 33406
Telephone. (56"1) 686-4300
Delray Beach Police Department
, Officer Philip Dorfam
Dear Officer Dorfam,
I discussed your request with my boss and I am happy to tell ou that we can offer you
any vehicle that we carry excluding our Prestige models for 880,99 per month UDlimited
mileage. We could also offer you our Loss Damage Waiver r $17,99 per day which
would cover the vehicle against fire, theft and vandalism,
We would require that you bring the vehicle in every two m nths for payment and to
exchange it to another one so that we can maintain our prev tative maintenance on these
vehicles.
If you have any questions please do not hesitate to call me.
Sincerely,
?::~:!:f ~
Senior Station Manager
He. rents Fords Bnd o~ fine 0115
Page 1 of 1
Smith, Douglas
From: Kozol, Catherine
Sent: Friday, February 03, 2006 12,08 PM
To: Smith, Douglas
Cc: Lunsford, Tina
Subject: Enterprise Leasing Agreement
Hi Doug-
I have reviewed the revised copy of the Enterprise Leasing Agreement and it
looks fine as to the changes.
Cathy
Catherine M, Kozol
Assistant City Attorney/Police Legal Advisor
300 West Atlantic Avenue
Delray Beach, Florida 33444
(561) 243.7823
2/3/2006
Date: January II. 2006
AGENDA ITEM NUMBER: AA.~
AGENDA REOUEST
Request to be placed on:
X Consent Agenda _ Regular Agenda _ Workshop Agenda_ _ Special Agenda
When: ]anua(y 17. 2006
Description of agenda item (who, what, where, how much):
This is the annual lease of six (6) vehicles to support undercover operations by the
Department's Vice, Intelligence & Narcotics (VIN) Unit. The Police Department is
recommending Enterprise as the vendor. Annual cost to lease six (6) vehicles is $43,200.00.
Funding required through September, 2006 is $28,800.00 which is available in Account #
001-2115-521-44.40.
Dep-H...td :b ~6Q
Stgnature: flM" z:7< (.I j
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on an items involving expenditure of funds):
~~'\'.~C-
Funding Available: ~No Initials: ~
Account Number
Description
Account Balance:
Funding Alternatives:
(if applicable)
City Manager Review:
Approved for Agenda: @/ No Initials:
Hold Until:
oY\
,
Agenda Coordinator Review:
Received:
~
MEMORANDUM
TO: David Harden, City Manager
THRU: Lula Butler, Community Improvement Director u/!J
FROM: Kendra Graham, Community Development Administrator ~
DATE: January 19,2006
SUBJECT: Neighborhood Resource Center Rehabilitation
ITEM BEFORE THE COMMISSION
Approval is requested to execute a contract with Hatcher Construction & Development, Inc, for
the Neighborhood Resource Center Rehabilitation Project in the amount of$61,156,70. Funds to
come from the Community Development Block Grant (CDGB) program.
BACKGROUND
At their October 14, 2005 meeting, City Commission approved the proposal to establish a
Neighborhood Resource Center in the former Police Substation located at 141 SW 12th Avenue.
Community Development staff prepared a Substantial Amendment to the 2005.2010
Comprehensive Plan and 2005-2006 Annual Action Plan to include the Neighborhood Resource
Center as a new project and establish a $90,000 budget for the project. No comments were
received from the public during the required public comment period. CDBG grant funds will be
used for building renovation, landscape improvements and the purchase of some required office
equipment. Funds from the MacArthur grant will be used to purchase office furniture and the
CRA has allocated funding that will allow for the construction of a new parking lot and other
items to be identified at a later date.
An Advertisement for Bids for the Neighborhood Resource Center Rehabilitation Project was
placed in the Delray Beach News on December 29, 2005, with a closing date of January 12,
2006. A mandatory pre-construction walk through was held on Wednesday, January 4, 2006.
Hatcher Construction & Development, Inc, was the only responsive bidder with a bid of
$55,597. The contract amount is based on the actual cost of the rehabilitation plus a 10%
contingency which may be used for change orders.
RECOMMENDATION
Staff recommends executing a contract with Hatcher Construction & Development, Inc. for
interior and exterior renovations associated with the Neighborhood Resource Center
rehabilitation project.
AA.L
AGREEMENT
THIS AGREEMENT made this day of , 2006, by
and between Hatcher Construction & Development, Inc., hereinafter called
CONTRACTOR. And the City of Delray Beach, Florida hereinafter called the CITY.
WHOSE project address is:
141 SW 12th Avenue
Delray Beach, FL 33444
LEGAL description: Atlantic Gardens Delray Lt 11 Block 6, according to the Plat
thereof, as recorded in Plat Book 14, at Page 63 of the Public Records of Palm Beach
County, Florida, PID # 12 43 46 17 23 006 0110.
WITNESSETH, that the CONTRACTOR and the CITY for the considerations
stated herein mutually agree as follows:
ARTICLE 1 - Statement of Work. The CONTRACTOR shall furnish all
supervision, technical personnel, labor, materials, equipment and all other appurtenance
thereto and perform and complete all work in accordance with the contract documents as
prepared by the City of Delray Beach,
ARTICLE 2, ~ Contract Time. The CONTRACTOR agrees that work will be
fully completed within 60 consecutive calendar days from the date when the Contract
Time commences to run as provided in Section 402 of the Special Conditions.
ARTICLE 3 - Contract Price. The CITY shall pay the CONTRACTOR for the
performance of the contract in current funds, subj ect to additions and deductions as
provided in Section 109 of the General Conditions, the sum of Fifty-five Thousand Five
Hundred Ninety-Seven Dollars ($55,597).
ARTICLE 4 - Method of Payment. Upon request of the CONTRACTOR, partial
payments equal to 90% of the value of the work in place, not to exceed 75% of the
contract amount may be made,
Final payment will be made after:
1, The CONTRACTOR executes a warranty on forms furnished by the
City, relative to work performed, materials furnished, and certification that all amounts
due for labor and/or materials have been paid, The CONTRACTOR, by execution of
the contract, holds the CITY hannless from all claims or liens for labor or materials
furnished or used in performance of the work covered by this contract, whether furnished
or used by the Contractor or any subcontractor.
2. The CONTRACTOR agrees to defend, indemnify, and hold harmless the
CITY and its officers, agents, and employees from and against any and all suits, claims,
actions, legal proceedings, demands or liabilities (and any and all costs, expenses,
liabilities, including attorney's fees associated therewith, made against the CITY which
arise, directly, or indirectly from the CONTRACTOR's negligent acts, errors or
admission during performance under this contract.
3. The CITY conducts a final inspection and approves and accepts all work
performed by the CONTRACTOR. In the event that the performance by the
CONTRACTOR is unsatisfactory or unacceptable for any reason, the CONTRACTOR
agrees to correct any deficiencies at no additional cost to the CITY.
ARTICLE 5 - The CONTRACTOR will guarantee that all work performed is
free from defects for a period of one year from the date of final acceptance of all work
required by the contract. If any defects appear during the warranty year, the
CONTRACTOR will correct as expeditiously as possible.
ARTICLE 6 - The Contract. The executed contract documents shall consist of
the following:
a. Advertisement for Bids.
b. This Agreement.
c. Instructions to Bidders.
d. Signed Copy of Bid Proposal.
e. General Conditions.
f. Special Conditions.
g. Technical Specifications.
h. Work Write up and Drawings.
ARTICLE 7 - Lead Based Paint. In accordance with the Lead Based Paint
Poisoning Prevention Act, no lead based paint shall be used in any area intended for
human habitation.
ARTICLE 8 - Statement of Non.discrimination. The Contractor shall ensure
that employees and applicants for employment are not discriminated against because of
their race, color, religion, sex or national origin.
THIS AGREEMENT, together with other documents enumerated in this
ARTICLE 6, which said other documents are as fully a part of the Contract as if hereto
attached or herein repeated, forms the Contract between the CITY and the
CONTRACTOR hereto. In the event that any provisions in any component part
conflicts with this Agreement, the provision of the component part first enumerated in
this ARTICLE 6 shall govern, except as otherwise specifically stated.
IN WITNESS WHEREOF, the CITY and CONTRACTOR have caused this
AGREEMENT to be executed on the day and year first above written.
CITY OF DELRA Y BEACH
By:
Mayor
(Type of Print)
Attest
City Clerk of the
City of Delray Beach, FL
Reviewed and approved as to form
and legality by:
~'J1f. 1 Y Attorney) I ~y (0 W
Address for giving notice
to the City
Conununity Improvement Department
Conununity Development Division
100 NW 1st Avenue
Delray Beach, FL 33444
HATCHER CONSTRUCTION &
DEVELOPMENT, INC.
By:
(Signature)
(Type or Print)
(CORPORATE SEAL)
Address for giving notice
(Type of Print Clearly)
License No.
Agent for service of process:
(If CONTRACTOR is a corporation, or
Partnership attach evidence of authority to
sign,)
Agenda Item No,: ~
AGENDA REQUEST
Request to be placed on:
~ Regular Agenda
_ Special Agenda
_ Workshop Agenda
_ Consent Agenda
Date: January 19,2006
When: February 7, 2006
Description of item: (who, what. where, how much):
Approval to execute a contract with Hatcher Construction & Development, Inc. for the
Neighborhood Resource Center Rehabilitation Project in the amount of $61,156.70. Funds to
come from the Community Development Block Grant (CDGB) Program.
ORDINANCE/RESOLUTION REQUIRED: YES/NO
Draft attached: YES/NO
Recommendation:
Staff recommends approval of contract for the Neighborhood Resource Center Rehabilitation
Project with Hatcher Construction & Development, Inc. in the amount of$61,156.70.
~~
~
Department Head Signature:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available:Q/NOrP-
Funding AlternativeV _ . (if applicable)
Account No. & Description:0:k-c.9-r (y. rCLJ 5 lV .h'cI!.s
Account Balance: $jOt) I 000
J(} ,If ..6 r'i /l 5
~/NO !/1-1
City Manager Review:
Approved for Agenda:
Hold Until:
fY -fD rv/Cird O<..c-
~~r.rer
Agenda Coordinator Review:
Received:
Placed on Agenda:
Delray Beach
Police Department
300 West Atlantic Avenue
Delray Beach, Florida 33444.3695
(561) 243.7888 Fax (561) 243.7816
p~lRt': B~A~~
.....
AII.America City
, III I,!
Joseph L. Schroeder
Chief of Police
2004
1993
2001
MEMORANDUM
TO:
David Harden
City Manager
Tina L. Lunsford ~
Administrative Officer
FROM:
DATE:
January 26, 2006
SUBJECT:
AGENDA REOUEST
The Delray Beach Police Department has requested that the attached Consent Agenda go before the
Commission on February 7, 2006, for approval of two replacement canines (German Shepherd's). Three
quotes were received and the breakdown is listed below:
Vendor Purchase Amount Guarantees Business Location
Metro- Green Canine $7,500.00 Canines are guaranteed to have good Miami, Florida
Dade K-9 Titled Dog $8,900.00 hips/elbows, free of heartworms and
internal parasites at the time of purchase.
Canines are guaranteed to pass an FDLE
State certified class or thev will be reolaced.
Yon See Green Canines Only Canines are guaranteed to be in good health. Lake City, Florida
Stadt $6,000.00 No certification guarantee
Kennels
US K-9 Green Dog $7,500.00 Canines are guaranteed to have good Kaplan, Louisiana
Titled Canine $9,000.00 hips/elbows, free of heartworms and
internal parasites at the time of purchase.
Canines are guaranteed to pass a state
certified class or they will be replaced.
The Police Department recommends that we purchase from Metro Dade K-9 for the following reasons:
. Very reputable in the Law Enforcement community; Lt. Milenkovic spoke with several agencies
in our area who have purchased canines and are very satisfied.
. The business is local and we will not have the expense of either sending someone out of state to
pick the dogs up or shipping cost. If the dogs have to be replaced additional travel expenses
would be saved as well.
. Although Von See Stadt Kennels is cheaper they only carry green canines and offer no
replacement guarantees.
Serving with P .R.l.DE.
Professionalism, Respect, Integrity, Diversity and Excellence
PA.3
SUBJECT:
DATE:
PAGE:
AGENDA REOUEST
January 26, 2006
2.
Note: Green canines have no training; titled canines have already received training. The agency is still
required to have the dog attend FDLE state certification course.
The green canine ($7,500.00) will be funded out of 001-2115-521-52.28 and Chief J, L. Schroeder has
given his approval to purchase the titled canine ($8.900.00) out of the Police Reserve Account 115-2111-
521-49.90.
Should you require further information, please contact me at ext. 7852.
TLUrmh
Attachment
M
17940S.W.168~
Miami, Florida 33187
(305) 378.90351 (305) 278.1964 Fax
www.metrodadek9.com/k9services@bellsouth.net
1anuary 25, 2006
Delray Beach Police Dept
C/O Lt. Mileukovic
Milenkov@ci,delrav-beach,f),us
On behalf of my staff and myseU: I would like to take this opportunity to furnish you
with some infonnatiOll regarding our ttaiDing program fOr Police work. It is our pleasure to
answer any questions or concerns you may have when it comes to selecting a dog fOr your
department.
TRAINING FACILITY
Our K-9 fiIcility is loc:ated 011 a S acre nmch in South Dade with a complete United StaIllI
Police Canine Association obstacle course. There are thnle full time instructors to assist with your
training needs.
CREDENTIALS:
We have been in the dog industry since 1982 and have sold and trained Police; personal
protection, KNPV, and Sc:hutzhund dogs all over the country since then. MOlt of our dogs have
competed in U.S.P.C.A trials usually placing in the top ten. Apart from being a Police and home
protection dog trainer; I am a KNPV and Schutzhund member, trainer, and handIor, oompeting
with some of Europe's best trainers. Also having the privilege of being the only American to
compete in Hol1and's night trials in history.
SERVICES:
The services and guarantees that we offer your departmoDt is what bas made METRO-
DADE K-9 SERVICES earn the respect and reputation that we have acquired in the past years
and has made us one of the largest importers and trainers in the United StaIllI.
Your satisfilctiOll is what is of the up mOlt importance to us. Please feel free to call us if
you have any questiOlll, or c:onccrns; or if you request additional infonnation or references, We
will excel in providing you with the best dogs possible whatever your situation may be.
Sincerely yours,
TOllY Guzman
PROPOSAL FOR TITLED CANINE PER SPECIFICATIONS
· Canine of the German Shepherd Breed or Belgian Malinois Breed (European Import)
. Age - Between 18 and 36 months
. Sociable temperament
. Gunfire Tested
. Good on slippery floors and all types of tenain
. Excellent ball drive
· Demonstrating ba1anced prey, defense drives, and the ability to track.
. Non anitnaI aggressive
· Titled (KNPV, ZVV, Schutzhund or IPO)
· Health Guarantee: Guaranteed to pass complete veterinarian physical upon purchase.
· Performance Guarantee: guaranteed to pass IDLE or compatible State certified class upon
completion of training
Canines are guaranteed to have good hips/elbows, ftee of heartworm and intemaI parasites at the
time of purchase. The purchaser has the right to 1lIke the dog to a 1iccnsed veterinarian fur II
complete physical. The canine will be released to the department once sales agreement is
completed and purchase order received. Canines are guaranteed to pass an IDLE or compatible
state certified class upon completion of training with their department.
Once the canine is surrendered to the department, they win accept full responsibility fur the care,
health, well-being and veterinary expenses of this animal commencing on date of sale. Upon
veterinarian approval, the canine will stay with the purchaser unless otherwise specified on this
contract.
If the canine has to be replaced due to not passing of IDLE class or physical examination, we
will replace the dog with another dog of equal value, provided the dog has been returned to us in
the same manner as he was surrendered including physical bea1th.
There are no service fees or additional charges included when returning the dog for replacement.
Purchaser is responsible for pidc up and delivery of dog from Miami training f4cility.
Price Titled Dogs: S89OO.00
CANINE READY FOR PA TROLWORK lHAT HAS TO GO lHROUGH AN FDLE OR
COMPATIBLE STATE CERTIFIED CLASS (UNTITLED - GREEN DOG)
. Canine of the German Shepherd or Belgian Malinois Breed (European Import)
. Age - Between 18 and 36 months
. Sociable temperament.
. Started in Bite Work . (The more advanced Green Dogs have been started with Obedience
and drills.)
. Health Guarantee: Guaranteed to pass complete veterinarian physical upon purcllasc,
. PecCormance Guarantee: guaranteed to pass IDLE or OOoupatiblc State certified class upon
completion of training
Canines are guaranteed to have good hips, free of heartworm and intemal parasites at the time of
purchase. The purchaser has the right to take the dog to a licensed veterinarian fur a complete
physical. The canine will be released to the department ooce sales agreement is completed and
purchase order received.
Canine guaranteed to pass an IDLE or compatiblc Slate certified class upon completion of
tmining.
Once the canine is surrendered to the dcpartmcot, they will accept full responsibility fur the care,
health, well-being and veterinary expenses of this animal commencing on date of sale. Upon
veterinarian approval, the canine will stay with the pun:haser unless otherwise specified OIl this
contract.
If the canine has to be replaced due to not passing of IDLE class or physical examination, we
will replace the dog with another dog of equal value, provided the dog has been returned to us in
the same manner as he was surrendered includins physical health.
There are no service fees or additional c:haJges included when returning the dog fur replacement,
Purchaser is responsiblc for pick up and delivery of dog from Miami training filcility.
Price Green Bop: $7500.00
F"R01 : JtH#PEG-H1O<EY
PI-OE I'(). : 396r....:kl~
Nov. 17 20l!l5 11: lIEIAI1 P2
"" VOV =A/)T~
lN8Of<RD TRAlNING-. OBEDIENCe' PACn'ECT1ON
TATOOlNG . REGI$TR'(
FEED. SUPPUES
PROAI\C. OIAMONO 1lOQ. CIII' FOOD
p.o. BCD( 34211 . LNC& CITY. R._
PHOHE:.)/r"'13' MX:CtIIIt~e8!576
* ...,
Nov.J6,200S
Attn.: Lt MileokOvic
Dear Lt. MiJeukovic,
As per our phone conversatiOD, here is a proposaI on 2 Police
canine candidates.
Two ~~ (2) male Gelman Sbepbeld DOgs, X-rayed, hips and
elbows, and tested to be suitable for Patrol and! or Narco1ics and
Explosives for S6OOO./ea., the to1aI being $12,000. I wiD guarantee
the health of these dogs for one year ftom. time of purchase. The
dogs will come with copies of their X-rays. Yau may take them to
the Vet ofyOW' choice and have them R.e-X-raycd if you wish. at
yoW' expense. .,
If you have any further questions. or ifthere'Js any thing I can do
to belp your Dept in any way, please feel free to call me at the
above number.
81/12/2886 18:37 3852781964
MO<9IiG&SL
PAGE 81
=
'OM. 0cIII0n Rd.
lCIIpIM, LA 70141
m-3" 0477
JanUIIJ 19, ZOO6
Delray IIuch Police Dept.
Police K9 Unit
C/O U. M11rirMc
Fill #561.243-6226
Thank you for your inquiry nIfMIIng a pIIroI dog for J :lIice work.
Attad1ed you" find . fllOPIIAI Jar your ~Ih...... It Is our pIeeure III --lIlY
questions or CIJlIalll" you IlllIJ '-....It CClIIIeS ID ~I. dog for your IIIIit.
We can offer your ....b.-nl a lull guII'anty tllIlthe cog.. ... the phpicaI Ml ,..
the K9 cectIflatiorL
u.s. 109 UNIJMJTED lis a Dog TrIlning ~1Jl.. 1hIt .lcllba. in PoIial PIIIIaJ and NIllXlCil;
Detector Dog Training Jar .. ""Iv.-mant agencies, alii""'''' secuctIy. l-.tlctiocl el~lPrtses IIld
the priYlde sector.
The paIice dog IIIIICIar JIIUlIrWII at u.s. K-91l11.1M11BJ IS tor the II..... of .. ",ll.......""lt
personnel In the proper handlIIlg and ..wng """ canines. The JIIII!JlMIS" gene! t. _lis
individual deptItJnent needs and Is ......,..d ill the induIIry I nd one of the IIICIIt ~ Ind
COIIIprehenslve schools in the country today.
u.s. K9 is proud of our cepubItIon In the launlofe.",. ~nlty. We lie highly
CllCllJIC!titiv in pnMdlng the uftl.... prel r I" lh'" trained w Ines in the country.
dog.
I SUpeMse tills IfaIe..of..the. tAIInIng and bceeding 1 ilCillty III eIlSUfIl you haw the r19ht
61/12/2886 18:37 3652781964
NIlK9IG&SL
PAGE 62
1081' Odllolt ReI.
~. LA 7GI4I
3174,.0477
UN-TlWNED CARE PAlROlWOArIlld TI11.ED (MIlE RlR PAm:t.
1 European I~ed GermIn ShepIIIId or IleIgian Mdnois IPPRK IIIlIIely 2-3 ~ aid wiIh SociiI
temperament tested with 9\Ilfire and Ile< l b J cIrMs g deIllcIlll uk.
Our dogs have been tested on dlfft:..:..1 types of envllall/llelllS IIId In: gunnteed to be social. They haw
excellent drive and are good on wood 8ocn, lie. lXlImte. etc.
We guarantee they wi have good .1.:. """ cIrMs IIId the lIbay to I -.de.
The proposa/ Is for a dog IfIat has to go \hrQugh I State Cer1Med t:!' Training ~''J l/Jnx.9I)'OUt'
department.
The dog Is guaranteed 10 have good hips. HeIShe wII not have hwtllom or parasIIes upon deivery, Our
dogs receive I U physbJ prior to IeM1g 0I.r kennels.
CanInes lie avaiabIe appollilii,..1\dy 1-2 weeks from the dale purd~ ose order Is received.
ShIppIng is not included.
Prices: S7500.00-U1-TrUled (Green) or S9000.00forTllledCI'i!e (Trai1edil~eclIon)
AGENDA ITEM NUMBER:
-M3
AGENDA REOUEST
Request to be placed on:
X Consent Agenda _ Regular Agenda _ Workshop Agenda _ Special Agenda
When: Febmal;y 7. 2006
Description of agenda item (who, what, where, how much):
Due to health problems with the Police Departments K-9's they have already been retired
and need to be replaced. One canine was approved in the FY 2005/2006 budget; the
second will be purchased using the Police Reserve Account. The department uses trained
canines to supplement Community Patrol and Investigative functions on an as-needed basis
to safeguard citizens, officers, and property from potential harm. They will further be
utilized to detect and apprehend criminal suspects, and locate lost or missing persons and
illegal narcotics. The Police Department is recommending Metro-Dade K-9 as the vendor.
Funding in the amount of $7,500.00 is available for the green (not trained) canine out of
001.2115-521-52.28. Funding in the amount of $8,900.00 is available for the tided (trained)
canine out of 115-2111-521-49.90.
Department Head
Signature:
~
City Attorney Review/Recommendation (if a
Budget Director Review (r~d on all items involving expenditure of funds):
Funding Available: ~No Initials: tpt--
Account Number
001-2115-521-52.28 / 115-2111-521-49.90
Description K-9 E"Penses / Other Current Charges
Account Balance: $11.000.00 / $9 854.88
Funding Alternatives: (if applicable)
City Manager Review:
Approved for Agenda&/ No InitialS:4-
Hold Until: '
Agenda Coordinator Review:
Received:
City Of Delray Beach
Department of Environmental Services
M E M 0 RAN
D
u
M
www.delravesd.com
TO: David T, Harden
City Manager
FROM: Jill Skaggs ~
Assistant City Engineer
DATE: January 30, 2006
SUBJECT: LWDD L-33 Canal Box Culvert (Project # 2004-050,2, Bid # 2006-07)
Commission Agenda Item, Construction Contract Award
Attached is an Agenda Request for City Commission to approve an award of contract to Johnson-Davis,
Inc. for the LWDD L-33 Canal Box Culvert Extension project in the amount of $833,700.00,
The project consists of constructing approximately 340 L. F, of 10ft, x 12 ft, precast concrete box culvert
with connections to two existing endwalls within the Lake Worth Drainage District L-33 Canal, bypass
pumping, pollution control measures, maintenance of traffic and finish grading, The work will be within the
Lake Worth Drainage District rights-of-way, Construction also includes complying with permit conditions,
testing and all restoration work for a complete and operating system, Construction work in the field must
be completed when the Palm Beach County Schools are not in session, thus field construction activities
will begin June 1, 2006 and must be completed prior to July 31, 2006,
The City opened bids for this project on Thursday, January 5, 2006, with the lowest responsive bid from
Johnson-Davis, Inc, in the amount of $833,700,00, Johnson-Davis, Inc, has successfully completed projects
for the City and their references prove favorable,
Funding is available after budget transfers from Account 380-4150-572-63,23, G,Q, Bond/Neighborhood
Parks, after budget transfer.
Attached are a bid tabulation and a map showing the project location,
enc
cc: Richard Hasko, P,E" Director of ESD
Randal Krejcarek, City Engineer
Rafael Ballestero, Dep. Dir. of Construction, ESO
City Clerks Office
Agenda File 02-07-06
Project File 2004-050,2 (A)
S:\EngAdminIProjects\2004\2004-050,2\OFFICIALlAgnd Memo, culvert J-D 02,07,06,doc
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CITY of DELRA Y BEACH
ENVIRONMENTAL SERVICES DEPARTMENT
434 SOUTH 8'NNTON AVENle, DB..RAY BEACH. R....OADA 33444
LWDD L-33 CANAL BOX
CUL VERT EXTENSION
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DATE"/31/06
2004-050.2
1 OF 1
AGENDA REQUEST
Agenda Item NO~
Date: January 31. 2006
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda
When: February 7, 2006
Description of item (who, what, where, how much): Commission aooroval for contract award to
Johnson-Davis, Inc, for the LWDD L-33 Canal Box Culvert Extension oroiect (PIN 2004-050,2), for base
bid in the amount of $833,700,00, The oroiect consists of constructina aooroximatelv 340 LF of orecast
box culvert within the Lake Worth Drainaae District L-33 Canal. bvoass oumoina, oollution control
measures, maintenance of traffic and finish aradina, Fundina is available after budaet transfer from
Account 380-4150-572-63,23, G,Q, Bond/Neiahborhood Parks,
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends award of contract to Johnson-Davis, Inc, for the base bid in the
amount of 833700,000,
Department head signature
1- ~ -bl,.
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (~' ed on all items involving expenditure of funds):
Funding available: 51 0 LM
Funding alternative (if applicable)
Account No, & Description ~-L/Iq)-S7Z '~-Z- '3 -':;::SitW{/-...()Dc... ?Q(I(S
Account Balance '1-8 :....:..; -00 tL6-/.JJ _lUIS--h
City Manager Review:
Approved for agenda: ~lI..IO" ~ ,'}1.J)
Hold Until: C/" ~
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
S:\EngAdminIProjects\2004\2004-050,2\OFF/CIALlAgnd Req, cu/veri, J-D 02,07,06,doc
City Of Delray Beach
Department of Environmental Services
M E M 0 RAN
D
u
M
www.mydelraybeachcom
TO:
Victor Majten
onstruction Manager
FROM:
SUBJECT: RE-ROOFING MUNICIPAL GOLF COURSE CLUBHOUSE (PIN 2005-051)
Commission Agenda Item, Contract Award
DATE: JANUARY 30, 2006
Attached is an Agenda Request for City Commission to approve an award a contract to Associates Roofing
for Re-Roofing ofthe Municipal Golf Course Clubhouse, Project No, 2005-051.
Shortly after the recent hurricane season, staff met with a Garland Company representative (roofing
manufacturer's representative) to proceed with the design, engineering, and specifications for a standing
seam metal roof system. In the interest of preserving property, minimizing health and safety risks to
personnel, staff waived the formal competitive bid process as permissible per "Resolution H- Hurricane
Wilma, Section 7". Staff solicited quotes for re-roofing the clubhouse from four Garland Company
approved installation contractors. On Tuesday, January] 7, 2006, the City received four quotes for this
project with the lowest responsive bid from Associates Roofing in the base bid amount of $553,799,00, A
copy ofthe bid tabulation is attached for your review.
Staff recommends City Commission award a contract to Associates Roofing in the amount of $553,799.00
for the Re-Roofing of Mnnicipal Golf Conrse Clubhouse project, PIN 2005-051. Associates Roofing
has successfully completed the Pompey Park Gymnasium roof and the Fire Apparatus Maintenance
Building roof, both Garland Company systems.
Funding is available from account 55]-]575-59]-45.50, Insurance Fund/Property Claims- Golf Course
Clubhouse Roof.
cc: Richard Hasko; Director ofESO
Randal Krejcarek; City Engineer
Rafael Ballestero, Dep. DiT. of Construction
City Clerks Office
Agenda File 02/07/06
File 2005-051(A)
f\f\.-=J
S:\EngAdmin\Projects\2005\2005-051\CONSTRC1\Agda Memo Assoc RoofRl 02.07.06.doc
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Agenda Item NO~
AGENDA REQUEST
Date: January 30. 2006
Request to be placed on:
X Regular Agenda
_ Special Agenda
_ Workshop Agenda
When: February 7, 2006
Description of item (who, what, where, how much): Award of contract to the lowest responsive
bidder, Associates Roofing in the amount of $553,799,00 for the Re-Roofing the Municipal Golf Course
Clubhouse Building, PIN 2005-051, In the interest of preserving property, minimizing health and safety
risks to personnel, staff waived the formal competitive bid process as permissible per "Resolution H-
Hurricane Wilma, Section 7", Staff solicited quotes for re-roofing the clubhouse from four Garland
Company approved installation contractors, The roof system will be an engineered metal standing seam,
The funding for this project will be provided from: 551-1575-591-45,50, Insurance Fund/Property Claims-
Golf Course Clubhouse Roof.
ORDINANCE/RESOLUTION REQUIRED: Not required,
Department head signature:
award of contract to Associates Roofing,
Recommendation: Staff recom
1-3/-01.
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation if applicable):
Budget Director Review (re~ on all items involving expenditure of funds):
Funding available: Y~O t-b+'
Funding alternatives (if applicable):
Account No, & Description See Above - "f{3c; {-I 575"- :)If / L/~' \ 0
AccountBalance #114- w/II j,p r..e/mJ7t/Jsrd,-/'y ffl7-lAr:r...JS'.
City Manager Review: ~
Approved for agenda:~NO Z-rl
Hold Until: "
Yro?,-"f--<-r
(! (~if1,1.S
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
S:IEngAdminIProjectsI200512005-051ICONSTRCT\Agda Req Assoc Roof R1 02,07,06,doc
:fj
MEMORANDUM
TO: David T. Harden, City Manager
FROM:
Jacklyn Rooney, Purchasing Manager ~
~'\> U .
Joseph SafforQ,Finance Director
THROUGH:
DATE: February 01, 2006
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING
FEBRUARY 07, 2006 - APPROVE AWARD FOR SECURITY
GUARDS FOR THE INTERNATIONAL TENNIS CHAMPIONSHIP
AT THE DELRA Y BEACH TENNIS CENTER
Item Before Commission:
City Commission is requested to approve award to Accurate Event Services for Security Guards,
Supervisors and Body Guard Services at the Delray Beach Tennis Center for a total amount of
$34,988.
Background:
The Delray Beach Tennis Center needs to have security guards, supervisors and body guards for
this International Tennis Championship for the period of January 23, 2006 through February 06,
2006.
Quotes were requested from two vendors and received as listed below:
Accurate Events $34,988.00
Blackhawk Security $36,090.00
Accurate Events was the low bidder, and is currently doing the services.
Recommendation:
Staffrecommends award to Accurate Events for the security guard and body guards services for
the International Tennis Championship at the Delray Beach Tennis Center for the total amount of
$34,988. Funding from account code #001-4210-575-55.40 (General Fund - Tennis Operations).
Attachments:
Proposal Received From Accurate Event Services
Purchase Order Request Form for Tennis Stadium
Requisition #123860
-f\\\~
61/27/2666 15:36
DIE:PARTMENT:
D;a,TE:
VENDOR:
ADDRESS:
PHONE #
5612437386
DELRAV BEACH GOLF
PAGE 63/17
DELRAY BEACH TENNIS STADIUM
PURCHASE ORDER REQUEST FORM
TENNIS STADIUM
BLANKET PO OR REQ # ,~~ "i'>bO
\ I-;;l..le:> I 0 (0 FED 10 # (IF NEW VENDOR)
Accuro.-te.. eve..;- ~ CONTACT
C141C( tb\IYl.DrY"-><:;L_J~\uct. S+e. c.) \-\e\\'f~
3~
~ 04 ~ 9 ~\ ~ Y I 'SS FAX # q 64 _
-61 fAL 2'10("
ACC:OUNT #:
QUOTES:
VE~IDOR:
CONITACT:
VENDOR:
CONTACT:
VENI)OR:
CONTACT:
AMOUNT
TOTAL
'8.
..-/
001-4210.575.
(Last four digits must be filled In)
$1000,0042999.99 - three quotes requlI'OCl (vorbel. electronic. orwrlllen)
$3000,llO--$5999.99 .. three quotes requlrod (wrll!etl only)
$6000.00-$14999.99 - th.... quotoo required (wrillen only) with jusURceflon as to why nooded /
~k:~c..;~, rrJ. u.)~ 5-e.curi:\y PRICE: ......it:>\ s;,.CO hr. ~1edb.CX'l
)},S:x :lIlaC, hfS,'.2Co,D'jO. PHONE# A,..,\-';,;)..,lt,-Q?J'2:0
~cc..I,.)~ t'-'e..-n1"'.5 PRICE~ 3l..l)"1"ti'r..OO
PHONE # "'04 -9~, -L..\ \ 6'5
PRICE
PHONE #
"PI.AOI, ORDeFl WITl-t VENDOR WHose QUOTe IS THE LOWEST
~OVED BY:
BRAHM DUBIN
.x:ls\Witly\purreq
(must olgn all requests)
~~
(must olgn all requests over $500)
01/27/200& 15:30 5&1243738&
...., -" ~UVV\"U'/ II.'::~ J..lJ :Jr'UHIS GROLP
.....,.l!1/23/2886 12: 46 9$49274156
DELRAV BEACH GOLF
(FAl()561 265 2752
ACCURATE EVENT SVCS'
PAGE 04/17
p, 002/002
I""IGE 1:12/89
Ac:eunlbt Event StlrVtces
2419 HoOywuud BlVd
stec
HOllywood, IFL 33020
Proposal
P8bo
..,-~ .
lJ23/~o06
P.evilllled
I
=~ZIt1'
.1CD IIp.,ru
811_ tWoin v.......
loa .. 1.~ ~v.nU8
Del:.y B.lc:h, !'L 33444
Reo Xnt'l ~c:nni. Ch4mplansbips PGl:ay Ee.~ ~Qnn1s Cent.~
1la1:8 ~=l.pt.:I.Oh Toeu
1:trm. B"'='O
J'D.n.tulry 2J, ~DD6 1:. F@1:U8ry 6, 200'
Se~IILty Gua%da l.."~ 14.00 2'.609.00
3.456.00
511p.......1.0: :U6 ~6,OO 3,924.00
"ell' Q!.ama 218 18.00 I'\tp;) O,J It;> o (t1G,/-'l'I<. "'R 10
b~
r--~'
d~~ Jo~
PR'i
a.e tenu: o~ cODt~ac:t lhobtotll.1 1134,98&.00
(O,O'U 80.00
sales 1'ax
!.'otal U4,98&,.DO
AGENDA ITEM NUMBER: AA ()
AGENDA REQUEST
Request to be placed on: Tuesday, February 07,2006
Date: February 01, 2006
1L Consent Agenda _ Special Agenda _ Workshop Agenda
Description of agenda item:
Approve award to Accurate Events for providing security guards, supervisors and body guards for
the Delray Beach International Tennis Championship for the total amount of $34,988,
ORDINANCE/RESOLUTION REQUIRED:
Draft Attached:
YES
YES
NO
NO
Recommendation:
Approve award to Accurate Events for security guards services at the Delray Beach International
Tennis Championship for the total amount of $34,988,
Funding from account code 001-4210-575-55.40 (General Fund - Tennis Operations),
Department Head Signature: ::-\" ~~
. "-
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required pn all items involving e,.xp~nditure of funds):
1\'\.!> -~ :::!S "J.i 3l$
Funding available, Yes L.--'""' No
Funding alternatives:
(if applicable)
Account Number,
Account Description,
Account Balance,
City Manager Review:
Approved for agenda&
Hold Until:
0fJI_
No
Agenda Coordinator Review:
Received,
Action,
Approved
Disapproved
01<
oM
MEMORANDUM
To:
David T. Harden, City Manager
Joseph M, Safford~ce Director
From:
Date:
February 2,2006
Subject:
Hurricane Hardening ofWi-Fi Equipment in City (Hurricane Wilma)
We would ask for City C~~sion approval of a proposal from mE Technology, Inc. to
repair or replace-wiF:"~lpm~nt presently located at 12 remote sites throughout the
City at a total cost of $169,711.82, In accordance with FEMA regulations, this
recommendation will improve the present installations to withstand up to 90 mph
sustained winds. The cost of this project will be jointly paid for by FEMA, the State of
Florida, and property insurance proceeds.
The City incurred significant damage to its existing wi-fi equipment presently located at
12 different remote sites during Hurricane Wilma, We received an initial proposal from
mE Technology, Inc. to replace the existing equipment (antennas, poles, guy wires) that
was either mounted on roofs or attached to the sides of buildings. This proposal was for
$64,634.76.
FEMA mitigation specialists recommended that we seek out proposals to improve our
existing systems so that this damage would not reoccur. In lieu of wi-fi equipment
mounted on roof tops or mounted to the sides of buildings, it was recommended that we
install ground-mounted retractable towers with concrete bases.
mE Technology, Inc. submitted a second proposal that would replace existing equipment
with 50' retractable towers mounted with 2' concrete bases on the ground. These towers
would be telescoping towers that can be lowered in case of a pending storm. The cost of
these systems was $169.711.82. Two other proposals for 80' and 100' foot towers were
also submitted but were rejected due to height limitations.
The Planning and Zoning Department reviewed the appropriate codes for the installation
of free-standing towers and found that the code would allow towers not to exceed 65' in
height. mE Technology, Inc. would be required to supply a site survey of each
installation to the Planning and Zoning Department to provide for the exact location of
each tower during the permitting process.
Please provide City Commission approval for mE Technology, Inc. in the amount of
$169,711.82 to be paid for by FEMA, the State of Florida, and property insurance
proceeds, Reference should be made to account number 551-1575-591-45.50,
M.l
,\ F ;i
-
jbetechnology, inc.
Initial Proposal
Option 1
Wireless Equipment Replacement
Prepared for:
____._m._.._~~._,__.__.~.____.~_,.___,,_.___.__~_~____.--.-.-..--,,---<.-,-.-----~-----."---
19~(J I fillTi"llll Str~'<.'\ I Sui\!.: 1 (1.1 II(lIIY\\\lIld. 1:1(lrida JJ()2(1
11.:1. 31l5-XOI-7h:':\ \-;\\. 9:'\..j.-h5J-X()(J7
P~lg,-' I qr::;
Project No: Delray 001
jbetechnology, inc
Date: January 12, 2006
Client PO No:
Estimated Start:
Estimated End:
Statement of Work
JBE Technology, Inc is please to present engineering services that will provision and install a wireless solution to replace the
existing hurricane damaged wireless network, Technology has evolved and we are quoting the equivalent radios in a two
channel version, JBE will provide a turnkey solution based on the equipment and task listed below,
Proposed Solution
Wireless Distribution will be achieved via 5,8 GHz (802,11a) backhauled to two central locations with fiber connectivity back to
City Hall, Access to city staff will be achieved via 2,4GHz (802,11 big) with a backend radius server providing secure access to
the users, This network will be encrypted and the network keys will be distributed based on MAC address,
Tasks & Part Requirements:
1. J8E will install 12 radio snes to include a 5,8GHz Backhaul and WiFi (802.11b1g) for user access (Dual Channel Radios)
2, JBE will install a radius server to provide secure network access
3, JBE will documents the inslallatioo and provide a deliverable at time of completion
........ No l:lIv.. PlIce t...
HKH2414-120NF 14dbi Antenna Cluster indudes: 12 $ 1,950,00 $ 23,400,00
3 x 120 Degree Sector Antennas
1 x 3 way Signal Splitter wIN-Female Connectors
3 x 2ft, WBC400 Jumper Cables ~ale to N-Male
1 x Antenna Arrav Mountina SYStem
PROX-8707 -US Proxim Dual Channel Radio 802,11 a & 802,11 blo 14 $ 1,265,55 $17,717,70
WL05U-GX-1000 1 Watt Amolifier wiDower suoolv and DC iniector 14 $ 989,85 $ 13,857,90
HG5824D 5,8GHz 24 dBi ISMlUNII Band Solid Parabolic Dish Wireless lJ\N 14 $ 389,97 $ 5,459,58
HGR-ll4 Radome Cover for HG5824D 14 $ 119,97 $ 1,679,58
10FTBMK 10Ft Pole off Buildinn Mountinn KiI 12 $ 210,00 $ 2,520,00
Total $ 64,634,76
Note: There are two radios as spwes in this price, These are to be hoosed in City Hall or new IT facility for use in the event of a failure,
The damaged radio will be replaced W under warranty or repaired W possible and cost associated will be billed at actual cost incurred,
Price Include labor and the first years maintenance,
Warranty:
All parts installed by JBE Technology, Inc, will be guaranteed as follows,
Equipment will be guaranteed for a period of 12 months, In the event of a failure JBE will replace defective/malfunctioning
equipment within 48 hours, Negligence, Vandalism, and acts of God are not covered under this warranty,
193\lILIITi:-;\l11 \Ir..:d Suit...' ]()311Io11)\\oud. FltlriJa 33020
Id 305-X'J] ~ 7655 let'\. 95-J-653-X6U7
Pagelor3
Rate Plan
Materialls) due date(s): estimated duration to complete this project is 30 business days, Customer will be responsible for permit
fees at actual cost if any, All deliverablesldocumenlation will be submitted five days from completion, This system is offered as a
turnkey solution; changes or deviations from this SOW will be submitted in writing for approval and will result in an additional
charge,
Package Price: Total $ 64,634.76
Initials:
Payment Schedule
50% due upon signing of Statement of Work
50% due upon Completion
$ 32,317.38
$ 32,317.38
Note: Above pricing is only valid for 30 days from the dale this document was drafted,
Additional Terms of Engagement
The following Addnional Terms of Engagement shall govern this Statement of Wrn1< Agreement ('SOW) unless a valid master agreement for
professional services between the parties is in force at the time the SOW is executed, in which case the tenns of the valid master agreement
shall govern, In the evoot of any incoosistoocies between the following terms and the master agreement, the master agreement shall prevail,
JBE will invoice services and expenses and dient agrees to pay all invoices upon receipt, Client is responsible for all applicable taxes, except
for taxes due on the net incxxne of JBE, JBE WARRANTS THAT THE SERVICES WILL BE PROVIDED IN A PROFESSIONAL AND
WORKMANLIKE MANNER AND JBE MAKES NO OTHER WARRANTIES EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO THE
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, JBE is in the business of providing N_
Consulting Services drawing upon the knowledge, understanding and expertise JBE has gained in the course of worldng with many individual
clients, both similar and different from the Client. Nothing in this SOW shall be deemed to assign rights to or limn JBE's use of any know-how
or knowledge to the extent n does not cootain Clienfs confidential information or that JBE had prior to entering this SOW Of that JBE obtains
during its perfonnance under this SOW, IN NO EVENT SHAt.L EITHER PARTY BE LIABLE FOR Am INDIRECT, INCIDENTAL, SPECIAL
OR CONSEQUENTIAL DAMAGES NOR SHALL EITHER PARTY'S LIABILITY EXCEED TWO (2) TIMES THE VALUE OF THIS SOW,
Accepted and Agreed to by:
Delray Beach
Authorized Rep-.e"tative
JBE Technology, Inc.
Signature:
Name:
Signature,
Name,
Date:
Date:
1930 Harrison Street (Suite 103)
Hollywood, Florida 33020
TeI,305-001-7655
Fax: 954-653-1l607
pno 1l:IlTi"Oll Slr__'d Suite 10J llull) \\ (l()(L Florida 330:':0
I"L'1. JO)-XU 1-7())5 1-';\\ 95-J.-(15J-X607
l'agL' _, 01'-'
Jbetechnology, inc.
Initial Proposal
Option 1 - Revised
Wireless Equipment and 50' Tower Solution
Prepared for:
193() J Lirri:-;(ll1 Slrt...,....'ll Suite 10J i flnlly\\ood. Florida 3.i()20
lei. JO)-XOl-7(155 Fa'\. 95..J.-(J5J-X607
P~l~:.\.: I n!'_1
jbetechnology, inc
Project No, Delray 001
Date: January 12, 2006
Client PO No:
Estimated Start:
Estimated End:
Statement of Work
JBE Technology, Ine is please to present engineering services thaI will provision and install a wireless solution to replace the
existing hurricane damaged wireless networtt Technology has evolved and we are quoting the equivalent radios in a two
channel y~rsion, To distribute signal and achieve better coverage JBE will install 11 50ft Retractable Towers rated at 90 Mph at
each of~sites, JBE will provide a turnkey solution based on the equipment and task listed below,
Proposed Solution
Wireless Distribution will be achieved via 5.8 GHz (802.11 a) backhauled to two central locations with fiber connectivity back to
City Hall. Access 10 city staff will be achieved via 2,4GHz (802.11 big) with a backend radius server providing secure access to
the users, This network will be encrypted and the network keys will be distributed based on MAC address, Towers used in this
solution will withstand 90 Mile per hour winds,
Tasks & Part Requirements:
1, JBE will build lower and anchor point foundation
2, JBEwil1 install 11 ~ Towers
3, JBE will install 12 radio sites 10 include a 5.OOHz Backhaul and WiR (B02,llll1g) for user access (Dual Chll1ne1 Radios)
4, JBE will install 12 Unux RoutersIFW to automatically convell from Fiber Conneclioos 10 Wireless
5, JBE will install a radius and certificate server to provide secure network access
6, JBE will documents the installation and provide a deliverable at time of completion
NoIIl: Tower Foundation and Anchor poinls require rental of Backhoe with certified operator, the towers will be installed with the aid of a crane
services, The prices listed include these services,
IIIIleIl8I No . . J'. .'. PiM ....-"
HKH2414-120NF 14dbi Antenna Cluster indudes: 12 $ 1,950,00 $ 23,400,00
3 x 120 Degree Sector Antennas
1 x 3 way Signal Spliller wiN-Female Connectors
3 x 2ft, WBC400 Jumper Cables N-Male to N-Male
1 x Antenna Arrav Mountinn SYStem
PROXDCR Proxim Dual Channel Radio 802.11 a & 802,11 bin 14 $ 1.265,55 $ 17.717,70
VST5070 Retractable Tower 50 FT 90 MPH 11 $ 4,930,00 $ 54,230,00
TOWFOUND Tower Foundation 11 $ 1,930,00 $ 21,230,00
WL05U-GX-10oo 1 Watt Amnlilier w/oower SUDDlv and DC inlector 14 $ 989.85 $ 13,857,90
HG5824D 5,8GHz 24 dBi ISMIUNII Band Solid Parabolic Dish Wireless LAN 14 $ 389,97 $ 5,459,58
HGR-ll4 Radome Cover for HG5824D 12 $ 119,97 $ 1,439,64
L1NRTRFW Unux Router Firewall w/3 100MbDS Interfaces Flash Boot 13 $ 1,329,00 $ 7,277,00
RADSERV Radius Access Server 1 $ 3,700.00 $ 3,700,00
CERTSERV SecuritY Certificate Server 1 $ 3,700,00 $ 3,700,00
HELIAX112 HELIAX Signal Cable Bulk 1000' Roll 1 $ 2,300,00 $ 2,300,00
MISCELLANOUS Parts & Connectors 12 $ 450,00 $ 5,400,00
Total $ 169,711,82
1930 1!;IITi:-;on Stn:d! Suit..: 103 I 1Ioll:\\'olKL Florida :n020
Page:201'3
reI. 30S-~(}1-7655 I'tl'. 9S-I-()5J-8607
Note: There are two radios as spares in this pIice, These are to be housed in City Hall or ~ IT facility for use in the event 01 a failure,
The damaged radio will be replaced n under warranty or repaired n possible and cost associated will be billed at actual cost incurred,
Price Includes Installation labor and the first yeafs maintenance, JBE will not be responsible for Landscaping around tower base,
Warranty:
All paris installed by JBE Technology, Inc. will be guaranteed as follows,
Equipment will be guaranteed for a period of 12 months, In the event of a failure JBE will replace defective/malfunctioning
equipment within 4B hours, Negligence, Vandalism, and acts of God are not covered under this warranty.
Rate Plan
Materlal(s) due date(s): estimated duration to complete this project is 60 business days. Customer will be responsible for permit
fees at actual cost n any, All deliverablesldocumentation will be submitted five days from completion. This system is offered as a
tumkey solution; changes or deviations from this SOW will be submitted in writing for approval and will result in an additional
charge,
Package Price: Total $169,711,82
Initials:
Payment Schedule
50% due upon signing of Statement of Work
50% due upon Completion
$ 84,855.91
$ 84,855.91
Note: Above pricing is only valid for 30 days from the date this document was drafted,
Additional Tenns of Engagement
The following Additional Terms 01 Engagement shall govern this Statement 01 Work Agreement ('SOW) unless a valid master agreement for
professional services between the parties is in force at the time the SOW is executed, in which case the tenns of the valid master agreement
shall govem, In the event of any incoosistencies between the following terms and the master agreement, the master agreement shall prevail.
JBE will invoice services and expenses and client agrees to pay all invoices upon receipt, Client is responsible for all applicable taxes, except
for taxes due on the net income of JBE. JBE WARRANTS THAT THE SERVICES WILL BE PROVIDED IN A PROFESSIONAL AND
WORKMANLIKE MANNER AND JBE MAKES NO OTHER WARRANTIES EXPRESS OR IMPLIED INCLUDING BUT NOT liMITED TO THE
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, JBE is in the business of providing Network
Consulting Services drawing upon the knowledge, understanding and expertise JBE has gained in the course of working with many individual
clients, both similar and different from the Client. Nothing in this SOW shall be deemed to assign rights to or limll JBE's use of any knlM-how
or knowledge to the extent II does not contain Clienfs confidential intormation or that JBE had prior to entering this SOW or that JBE obtains
during its perIonnance under this SOW, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL
OR CONSEQUENTIAL DAMAGES NOR SHALL EITHER PARTY'S LIABILITY EXCEED TWO (2) TIMES THE VALUE OF THIS SOW,
Accepted and Agteed to by:
Signature,
Delray Beach
Authorized Representative
Signature:
Name,
JBE Technology, Inc.
Name,
Dale,
Date,
1930 Harrison Street (Suite 103)
Hollywood, Florida 33020
TeI,305-801-7655
Fax: 954-653-ll607
Il).~() ] larris(1I1 Str......:l I SuilL' 10J II()lIy\\ood. Florida TW20
Te1. J05-ROI-7655 1::1\. 95-l--653-S607
I'ag\.':; ilr3
,
,
AGENDA ITEM NUMBER:
-Ai\}
AGENDA REQUEST
Date: February 03, 2006
Request to be placed on:
X Consent Agenda
Special Agenda
WorKshop Agenda
When:
~
Description of agenda item: Proposal from JBE Technology. Inc, to repair or replace ~
Equipment presently located at 12 remote sites throughout the City at a total cost of
$169.711,82, This cost to be shared with FEMA. the State of Florida, and Insurance proceeds,
Towers to be telescoping towers that can be lowered in case of a pending storm.
February 07,2006
ORDINANCElRESOLUTION REQUIRED:
Draft of Resolution Attached:
YES
YES
NO
NO
x
x
Recommendation: Finance Director recommends approval.
Department Head Signature: ~ . ~-\H
Determination of Consistency with Comprehensive Plan: \
The Planning and Zoning Department reviewed the appropriate codes for the installation
Of free-standing towers and found equipment in compliance,
City Attorney Review/Recommendation (if applicable):
Budget Office Review
(required on all items involving expenditure of funds):
~
Funding available:
Yes
No
Funding alternatives (if
applicable):
Account Number:
551-1575-591-45,50
Account Description:
Insurance Fund/property claims account
Account Balance:
City Manager Review:
Approved for Agenda:
@
ttl4
No
Hold Until:
Agenda Coordinator Review:
Received:
Action:
Approved:
Disapproved:
rllTU [',S
..,. lI!! . ".
:;\;i ~> "~;<' - ,:;~~
FIRE.RESC
DELRAY BEACH
~
All-America City
, , III!
1993
2001
"r
~
".;.'1;
'<'.';..
;
}',
t",:; U~i\Ci"
MEMORANDUM
TO: David Harden, City Manager
FROM; Kerry B. Koen, Fire Chief
DATE: February 2,2006
SUBJECT, Uniform Bid #062-1412-03/CJD
This letter is a request for approval for the Delray Beach Fire-Rescue Department
to extend the current bid that we have from the City of Boynton Beach, Bid #062-1412-
03-CJD for an additional year at the same terms and conditions to purchase our annual
supply of dress and work uniforms from the Special Products Group.
The bid prices on these uniforms are as follows:
S/S White or Lt. Blue Poly/Cotton Uniform Shirt - $21.35
LIS White or Lt. Blue Poly/Cotton Uniform Shirt - $21.50
Navy Poly/Cotton EMT Pants - $31.50
Navy Poly/Cotton Uniform Pant - $22.25
Navy Polyester Dress Pant - $25.50
Please find enclosed a copy of purchase requisition, letter from Special Products
Group and the award letter from the City of Boynton Beach,
\t ~,c..
K:;y ~~ ~oen
Fire Chief
-
KBK/cls
AA.<6
j-IH[ f1[:'
f;,' 'iC)F{IDJ\ T"14.4L1
PI610U02 City Of De1ray Beach Florida 2/02/06
Number: 0000123993 Purchase Requisition 11:47:36
Type information, press Enter.
Type (F4) ! PURCHASE REQUISITION
Reason CLASS-A UNIFORMS
By REQUESTING TILGHMAN
Date 020206
Vendor number 12078
Name (F4) . SPECIAL PRODUCTS GROUP INC B;Begins with,C;Contains
Contract nbr (F4)
Ship to (F4) Sl FIRE HEADQUARTERS
Deliver by date. 020206
Fiscal year code C C;Current year, p;previous year, F;Future year
Type options, press Enter.
2;Change 4;Delete 8;Item extended description 9;Quotes
Opt Line# Quantity UOM Description
1 125.00 EA SHORT SLEEVE WHITE POLY/COTTON SHIRT
2 65.00 EA LONG SLEEVE WHITE POLY/COTTON SHIRT
3 408.00 EA NAVY POLT/COTTON EMT PANTS +
F3;Exit
F8;Requisition quotes
Total: 22887.00
F4=Prompt F6=Add item F7=Alternate view
F12=Cancel F20=Comments F21=Copy
_....,.~_u ~~IW~ ~~~/~LO~~O
WAREHOUSE
l3OVNTON BCH FINANCE
PAGE 02
PAGE 02
01/19/2006 09:19 5617426295
BID NAME: "TWO YEAR. CONTRACT FOR THE l'URCHASE OF UNlFORMS
SID NUMSER: # 062-141Z-03/CJD
Agreement between the City of Boynton Beach, OwnEll'; and
Special Products Orouv
(Company's Name)
COllltaet Ren_al Period: August 4, 200S to August 4, 2006
..lc::. Yes, I agree to renew the existing contract WIder the same Terms and Conditions of this
Agreement for an additional year.
_ No, r do not wish to reJl.eW the contract at this time,
5pec: i 0..' ?-roJ.ua-S bT-OLlP
NAME OF COMPANY
~4 Q ~/'"a./!
SIGNATURE
~~a.d.. c, ~\-,eller
NAME OF REPRESENTATIVE
(please print)
?res,'eferrf
TITLE
a8 iT"l,< Z005
DATE
5"61- 732-0360
(AREA CODE) TELEPHONE NUMBER
~~".t~ fOltltrlbi-...Jw....
Am""""'''' o''''1l'IIT to th. GullO"".",
l~fJ(]1
~1?([II1L I?IUJIlIJ[J~ IJ~IlIJI?
n. for all your public safely needs
January 13, 2005
Delray Beach Fire Department
501 W. Atlantic Avenue
Delray Beach, FL 33444
Attn: Roxanne
Roxanne:
Per our telephone conversation, this letter is to confirm that the Delray Beach
Fire Department will be piggy backing the City of Boynton Beach Bid #062-1412-
03/CJD for uniforms. I have enclosed a copy of the award letter from the City of
Boynton Beach.
The bid prices on these uniforms are as follows:
S/S White or Lt. Blue Poly/Cotton Uniform Shirt - $21.35/
US White or Lt. !3lue Poly/Cotton Uniform Shirt - $2\50'
Navy Poly/Cotton EMT Pants - $31.50 I ,
Navy Poly/Cotton Uniform Pant - $22.25/
Navy Polyester Dress Pant - $25.501
, I"
'"
Should you have any questions or need any additional information, please
contact me.
Respectfully,
,
2023 Corporate Drive. Boynton Beach, Florida 33426
Office: 561-732-0360. Toll Free: 877.500-8990. Fax: 561-732-0879
Date:
February 2. 2006
AGENDA ITEM NUMBER:
ffiC?:
AGENDA REOUEST
Request to be placed on:
X Consent Agenda _ Regular Agenda _ Workshop Agenda _ Special Agenda
When: February 7. 2006
Description of agenda item (who, what, where, how much):
Approval to extend the current bid from the City of Boynton Beach. Bid #062-1412-
03/ CJD for an additional year at the same terms and conditions. and proceed with the
purchase of uniforms from the Special Products Group in the amount of $22.887,00:
Requisition #123993,
Recommendation: Approve the recommended bid and purchase,
Department Head Signature: _V' -Q..- '1 1"::>. I....
City Attorney Review/Recommendation (if applicable):
Budget Director Review (rQ, uired on all items involving expenditur. e of funds):
Funding Available: Ye No Initials: rIA: _ ~
(iol - ~/I - C;-2- L.S? - 2- Z / 001- 23/3-52-2 ') L-...2-Z
Account Number DOl - 731 S- - :'2&.52 .--2;;:/001- 23/ 7- 5-22, :;2- Z2_
Description j) 11 I{;;' fV1 S
~ & ~ 1/1/ I / / tHe L/ ()J! (' !JU..jr. n)
Account Balance: I ( / _
Funding Alternatives:
(if applicable)
City Manager Review:
Approved for Agenda:@/ No Initials: ~'l
Hold Until:
Agenda Coordinator Review:
Received:
DJ<
PlL1
\
lIIIII!'_~J,;j"~1
~'d """"~'~~0'" '.+.. ,'..... ......... .~~~ ....0 ", '.' .".. .." '. ~., .=. .,:..~.+..;:".....~...... ....d ...
FROM:
SUBJECT:
DAVI~HARD~n' MANAGER
PAUl: D~NG, DI~TOR OF PLANNING AND ZONING
SCOTT D. PAPE, SENIOR PLANNER
MEETING OF FEBRUARY 7, 2006
APPEAL OF THE DENIALS OF CERTAIN WAIVERS AND VARIANCE
ASSOCIATED WITH THE HISTORIC PRESERVATION BOARD'S APPROVAL
OF A CLASS V SITE DEVELOPMENT PLAN. LANDSCAPE PLAN AND
ELEVATIONS FOR PINEAPPLE GROVE LIMITED LOCATED ON THE NORTH
SIDE OF NE 1ST STREET BETWEEN PINEAPPLE GROVE WAY AND NE 1ST
AVENUE.
TO:
THRU:
~~.~~~I~,.t.',~1
The action requested of the City Commission is that of consideration of an appeal of four
waivers and one variance associated with the Class V site plan, landscape plan and
architectural elevation approval for Pineapple Grove Limited. The subject property is located on
the north side of NE 1st Street, between Pineapple Grove Way and NE 1st Avenue. The Historic
Preservation Board's actions were taken on January 4, 2006. The Board recommended
approval of the project but did not support or grant the four requested waivers or the one
variance as they were unable to make the necessary findings. The applicant submitted the
appeal to the City on January 17, 2006.
The appeal is being processed pursuant to LDR Section 2.4.7(E) Appeals.
I_'....~~.~~~~~I
Swimming Pool Setbacks:
Pursuant to LDR Section 4.6,15(G)(1), swimming pools are allowed to extend into a rear or side
setback area but no closer than 10 feet to any property line. Pools are not allowed in the front
setback, The front setback for the townhouses is 10 feet and 25' for the proposed duplex.
Pools are proposed approximately 8 feet from the NE 1st Avenue ultimate right-of-way for the
townhomes and 10' for the duplex. The applicant's assumption is that the Land Development
Regulations (LDRs) were inappropriately applied as the development proposal was subject to
regulations prior to changes which prohibited pools in the front yard and because similar relief
was granted previously for the Marina Bay Townhomes project.
This assumption is incorrect. The regulations that were in place when this project was
submitted did not allow pools in the front setbacks, The code change the applicant refers to
was made solely to clarify this existing regulation in response to an unrelated submittal. The
original language allows pools to extend into the rear or side setback area, Since it did not
include an exemption to allow pools in the front setback area, it has been correctly interpreted
that pools needed to be located out of the front setback areas, This interpretation has been
9A
City Commission February 7, 2006
Appeal - Pineapple Grove Limited
applied uniformly and consistently, hence, the request for relief of this requirement was
necessary for the Marina Bay swimming pools processed on October 18, 2000 prior to the
adoption of this clarifying ordinance.
The second point the applicant makes regards the granting of relief for the Marina Bay
Townhomes which allowed small splash pools within the front setback. This approval was
based on the design of the townhouses, which had the garages on the rear of the units, As with
the Marina Bay Townhomes project. the applicant claims that the variance is the minimum
necessary for the protection of the historic character of the neighborhood and adaptive reuse of
the subject property. It is staff's position that these two projects exhibit distinct differences, as
follows:
First, the neighborhood character between the two projects is different. The Marina Bay
Townhomes development is located across from the City Marina and Intracoastal Waterway and
dominates the streetscape in the area and takes advantage of the water view. Conversely, the
Pineapple Grove Ltd. project is located in an established neighborhood that consists primarily of
single family homes that either serve as residences or have been converted to commercial
uses. There are no other examples of pools within the front setbacks within this neighborhood,
It is also noted that townhouses and the duplex within Pineapple Grove Ltd, have access to a
common pool (in addition to the private pools), which was not available to the Marina Bay
Townhomes development.
The Historic Preservation Board found that relief to allow pools in the front yard along NE 1st
Avenue would be contrary to the public interest with respect to the built environment of the
surrounding neighborhood. The Board found that the requested waiver was not necessary to
preserve the historic character of the district and would significantly diminish the historic
character of the neighborhood. The Board expressed the concern that the relief was not
necessary to allow the adaptive reuse of the site since the affected units could have access to a
common pool and that the site is currently vacant.
Screening of Walls:
Pursuant to LDR Section 4.6.5(E), masonry walls located in the front and street side yards shall
be screened by landscape material that is to be maintained at a minimum height equal to half of
the height of the wall. Landscape materials must be of the type that will reach the required
height within two years of planting, The applicant proposes to install a masonry wall adjacent to
the public sidewalk with no landscape, The Historic Preservation Board denied the waiver to
the wall screening requirement. The applicant has requested an appeal of the Board's decision
and submitted the following justification:
u.. .Evidence submitted at the HPB hearing showed that similar walls located along the same
street within the neighborhood as the Pineapple Grove Project do not have any screening and
that this is more compatible within the neighborhood. In addition, the lack of screening neither
creates an unsafe condition nor affords a special privilege as other properties within the Historic
District have similar conditions. The HPB failed to consider such evidence. As a result, positive
findings should have been made with respect to LOR Section 2.4. 7(B)(5), "
As the applicant has noted, there are two residences along NE 1st Avenue that have masonry
walls that are adjacent to the public sidewalk, which do not have the required screening. It was
noted in the staff report and at the HPB meeting that these walls were installed prior to the
screening requirement. Based on this information, the Board denied the waiver since the
2
City Commission February 7, 2006
Appeal - Pineapple Grove Limited
elimination of this requirement would create a harsh pedestrian environment, thereby, affecting
the neighboring area and would confer a special privilege since the screening requirement is
uniformly enforced for new development.
Wall Setback:
Pursuant to LOR Section 4.6,5(F), fences and walls which are required to be landscaped shall
be setback a minimum of 2 feet from the property line to provide adequate area for vegetation to
mature. As noted above, the wall is located immediately adjacent to the property line/public
sidewalk along NE 151 Avenue, The applicant has requested an appeal of the Board's denial
based on essentially the same justification as the "Screening of Walls" appeal as discussed
above. The purpose of the setback is to provide adequate area to install the required
landscaping, This landscaping softens the appearance of the wall which enhances the
streetscape and engenders a friendly pedestrian environment.
Wall Height:
Per LOR Section 4.6.5(C), the maximum height of walls within the required front or street side
yard is 6 feet. The proposed wall and gates along the west side of the property are 11 feet B
inches high. The applicant has requested an appeal of the Board's denial. The appeal is based
on existing fences along NE 151 Avenue that exceed 6-feet high; the scale of the gate features to
the height of the dwelling units; and that waivers were granted for Marina Bay Townhomes to
allow similar features.
It is noted that the Marina Bay Townhomes project complied with the maximum fence height
and no waiver was granted. As noted in the attached staff report. there are several properties
along NE 151 Avenue that have pergola/wall features that span the gates. These existing
features are approximately B-feet high, The Board considered the proposed pergola/wall
features and found that they are not consistent with the neighborhood,
Alley Dedication/Rear Setback:
Pursuant to LOR Section 5.3.1 (A)(3), the proposed development is required to provide one-half
of the ultimate right-of-way for existing streets, Pursuant to LOR Section 5,3.1 (0)(2), the
required right-of-way width for alleys is 20-feet or the existing dominant width. The existing alley
is 16-feet wide, Since the proposed development is located on the east and west sides of the
alley, a total dedication of 4 feet is required. The City has required the dedication of the
additional right-of-way for alleys in the downtown area to provide adequate area for vehicular
maneuvering, particularly in projects which utilize the alley system for primary access, Pursuant
to LOR Section 4,3.4(H)(1), lot lines along rights-of-way are established, for setback purposes,
as being measured from the ultimate right-of-way. The Historic Preservation Board denied a
variance request to reduce the required building setback along the alley from 10-feet to B-feet.
The applicant's justification was due in part to the encroachment resulting from the dedication to
the alley. It is noted that the City Commission cannot consider an appeal of the variance, which
is only appealable to the Circuit Court of Palm Beach County. However, the applicant requests
that the City Commission consider an appeal of the requirement to dedicate right-of-way for the
alley,
3
City Commission February 7,2006
Appeal - Pineapple Grove Limited
....'!Il"'~o_IIII'6......~~r~..~
The Historic Preservation Board appropriately considered the ,evidenpe and could )'16Cm~e
positive findings with respect to the required finding to gr~t;teither the waiVel:s_pbr"the
variance. Locating pools in the front setback was found to dirrnnish the historic character of the
neighborhood as was the provision of walls that are unscreened, higher than allowed, and
placed without appropriate setbacks. Similarly the Board found that the required findings could
not be made for the granting of a variance to a required setback for this new project.
1.!Il..>.~~_
Deny the appeal and uphold the Historic Preservation's approval of the Pineapple Grove Limited
and denial of the associated waivers and variance based upon a failure to make positive
findings with respect to LDR Section 2.4.7(B)(5) and LDR Section 4.5,1 (J).
Attachments,
Historic Preservation Board Staff Report
Letter of Appeal
4
[IT' DF DElRRY BER[H
RECEIV~O
FEl 1'~ 7005
Clj\' ~. j" ,~...
l fVI~"""f" ..~ .'1*:11'>
CITY ATTORNEY'S OFFICE
',1\ 1.[ \\! ';[ "Ii RAY BJ:ACH, FLORIDA 33444
: ; ii'l if )\1 -;r . ]-\CSI\11I.E: 56112n-4755
Writer's Direct Line: 561/243-7090
DELRAY BEACH
~
All-America City
, I III! ~;TE
1993
2001
MEMORANDUM
February 1, 2006
City Commission
David T. Harden, City Manager
rrc0
FROM:
Terrill Barton, Assistant City Attorney
SUBJECT: Pineapple Grove Limited
Attached please find a Proposed Order with Findings of Fact to be made by the
Commission regarding the Appeal of a Class V Site Plan for Pineapple Grove
Limited.
Should you have any questions, please do not hesitate to contact me.
TCB:smk
Attachment
cc: Chevelle Nubin, City Clerk
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
PINEAPPLE GROVE LIMITED,
Appellant(s),
vs.
CITY OF DELRAY BEACH,
Appellee.
I
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1, This appeal of site plan denial has come before the City Commission on
February 7, 2006.
2. The Appellants, Appellee and City staff presented documentary evidence
and testimony to the City Commission pertaining to the appeal of the Class V Site Plan
for Pineapple Grove Ltd. All of the evidence is a part of the record in this case,
Required findings are made in accordance with Subsections I, II and III.
I.
COMPREHENSIVE PLAN:
REQUIREMENTS MET?
ARE THE COMPREHENSIVE PLAN
a, Comprehensive Plan - Future Land Use Element Obiective A-1: Is the
future use and intensity appropriate in terms of soil, topographic, and other
applicable physical considerations, is complementary to adjacent land uses, and
fulfills remaining land use needs?
Yes No
b. Future Land Use Map: Is the development consistent with the Future
Land Use Map?
Yes
No
c, Concurrency: Are the concurrency requirements met as respect to
water, sewer, drainage, streets and traffic, parks, open space, solid waste and
schools?
Yes
No
d. Consistency (Standards for Site Plan Actions): Compliance with
performance standards set forth in Chapter 3 and required findings in Section
2.4.5(F)(5) shall be the basis upon which a finding of overall consistency is to be made,
i. Is the building design, landscaping, and lighting (glare) such
that they create unwarranted distractions or blockage of
visibility as it pertains to traffic circulation?
ii. Separation of different forms of transportation shall be
encouraged. This includes pedestrians, bicyclists, and
vehicles in a manner consistent with policies found under
Objectives 0-1 and 0-2 of the Transportation Element. Is this
requirement met?
Hi. Are the open space enhancements as described in Policies
found under Objective B-1 of the Open Space and Recreation
Element appropriately addressed?
iv. The City shall evaluate the effect that any street widening or
traffic circulation modification may have upon an existing
neighborhood. Is the widening or modification detrimental to
the neighborhood and result in degradation of the
neighborhood such that the project shall not be permitted?
v. Redevelopment and the development of new land shall result
in the provision of a variety of housing types which shall
continue to accommodate the diverse makeup of the City's
demographic profile, and meet the housing needs identified in
the Housing Element. This shall be accomplished through the
implementation of policies under Objective B-2 of the Housing
Element.
vi. The City shall consider the effect that the proposal will have on
the stability of nearby neighborhoods. Are factors such as
noise, odors, dust, traffic volumes and circulation patterns
have the potential to negatively impact the safety, habitability
and stability of residential areas?
2
Does the proposed development result in degradation of the
neighborhood such that the project shall be modified or
denied?
vii. Development shall not be approved if traffic associated with
such development would create a new high accident location,
or exacerbate an existing situation causing it to become a high
accident location, without such development taking actions to
remedy the accident situation. Does the development create a
high accident location or exacerbate an existing situation
causing it to become a high accident location?
Based on the foregoing, is the development consistent with
the Comprehensive Plan?
Yes
No
e. Comprehensive Plan - Housina Element Policv A-12,3: This policy
requires that in evaluating proposals for new development, redevelopment, the City
shall consider the effect that the proposal will have on the stability of nearby
neighborhoods.
Will the development adversely effect the stability of nearby
neighborhoods pursuant to Housing Element Policy A-12.3?
Yes
No
f.
Open Space and Recreation Element Policv B-1.3:
New
developments shall provide central focal points at entries and landscape buffers along
the external (arterial, collector) streets which service them.
Are the requirements of Policy B-1.3 met?
Yes No
g. Housina Element Policv B.2,2 - The development of new adult oriented
communities within the City is discouraged, New housing developments shall be
designed to accommodate households having a range of ages, especially families with
children, and shall be required to provide 3 and 4 bedroom units and activity areas for
children ranging from toddlers to teens, This requirement may be waived or modified
for residential development located in the downtown area, and for infill projects having
fewer than 25 units,
3
Are the requirements of Policy B-2,2 met?
Yes No N/A
II. LAND DEVELOPMENT REGULATIONS: ARE THE LDR REQUIREMENTS
MET?
a. Section 3,1,1 (D) compliance with the Land Development Reaulations:
Section 3,1.1 (D) requires that Items identified in the LDRS shall specifically be
addressed by the body taking final action on the site and development
application/request. These areas include building setbacks, height, room size, space,
parking, loading, stacking distance, point of access, visibility at intersections and site
lighting.
Central Business District (CBD) District Reaulations:
i. Setbacks:
Are the setback requirements met?
Yes No
ii. Parking:
Does this meet the parking requirement?
Yes No
iii. Minimum Residential Floor Area:
Pursuant to LOR Section 4.4.13(H)(3), the minimum floor area for multi-
family residential dwelling units shall be as established for the Medium
Density Residential (RM) zoning district in Section 4,3.4(K),
Minimum Floor Minimum Proposed Number of Units
Area* Floor Area*
One Bedroom 600 824 12
Two Bedroom 900 1,731 15
Three Bedroom 1,250 1,954 12
*Square Feet
Is the minimum floor area met?
Yes
No
4
iv, Riaht otWav Dedication:
a, Pursuant to LDR Section 4.3.4(H)(1), setbacks are established
from the property line based on the ultimate right-of-way, In the
downtown area, the City has required dedication of right-of-way to
meet the 20 foot alley dimension, The City has not provided relief
for the rear setback along the alley for new development.
b. The project was designed to meet the 10' setback from the existing
rear property line, Upon review of the submitted plans, the City has
requested a ROW dedication of 2 feet on each side of the alley
which is west of the rear of the proposed structure, thereby
reducing the rear setback to 8'. The applicant has proposed to
widen the alley to 24' (at staffs suggestion) thereby creating a
ROW that is wider than requested new 20' ROW, This approach is
in the interest of the public's safety and welfare. Visually and
physically the setback will read as 10' from the existing property
line.
Should the above right-ot-way dedication be required tor this
project?
Yes
No
v, LDR Section 4.3,4(Kl. Development Standards Matrix:
Is 4.3.4(k) met?
Yes No
vi. Special Reaulations:
Pursuant to LDR Section 4.4.6(H)(3), recreational areas shall be required
for all new rental apartment developments and of owner occupied developments
which have homeowner associations that must care for retention areas, private
streets or common areas. New developments must include recreational features
that are designed to accommodate activities for children and youth of all age
ranges. Tot lots are appropriate for toddlers; features such as a basketball court,
volleyball court, and open playfields are appropriate for older children. A pool
and clubhouse, unless specifically designed for children, is not considered to
meet this requirement.
Is this requirement met?
Yes
No
5
vii. Site Lighting:
Pursuant to LDR 4.6.8 (Lighting), site lighting must be provided.
Has the project met all site lighting requirements?
Yes
No
b. Section 2.4.5(F)(5) (Site Plan Findinas): Pursuant to Section
2.4.5(F)(5), "Findings", in addition to provisions of Chapter Three of the Land
Development Regulations, the approving body must make the following finding:
Is the development of the property pursuant to the site plan
compatible and harmonious with the adjacent and nearby properties
and the City as a whole, so as not to cause substantial depreciation
of property values?
Yes
No
Based on the findings of Section II (a), (b) and (c), are the LOR
requirements met?
Yes
No
III. WAIVERS:
Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving
body shall make a finding that the granting of the waiver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of public facilities;
(c) Shall not create an unsafe situation; or
(d) Does not result in the grant of a special privilege in that the same waiver
would be granted under similar circumstances on other property for
another applicant or owner,
a, Wall Height:
Per LDR Section 4.6.5(C), the maximum height of walls within the required front
or street side yard is 6 feet. The proposed wall and gates along the west side of
the property are 11 feet 8 inches high. The applicant has requested a waiver to
allow an increase in the height of the wall.
6
Should the waiver be granted for wall height?
Yes
No
b, Wall Setback:
Pursuant to LOR Section 4,6,5(E) & (F), masonry walls located in the front yard
must be screened by landscape material that is to be maintained at a minimum
height equal to half the height of the wall. Landscape materials must be of the
type that will reach the required height within two years of planting. These walls
must be setback 2 feet from the property line to provide adequate area for
vegetation to mature. The proposed wall is located along the property line with
no setback and landscaping, The applicant has requested a waiver to eliminate
the required wall setback and landscaping.
Should the waiver be granted for wall setback?
Yes
No
c. Swimming Pool Setbacks:
Pursuant to LOR Section 4,6,15(G)(1), swimming pools are allowed to extend
into a rear or side setback area but no closer than 10 feet to any property line.
However, swimming pools are prohibited within the front setback since there is
no provision for their encroachment. The proposed duplex and townhouse pools
are located completely within the front yard setback, The applicant has
submitted a wavier request to allow the pools within the front setback,
Should the waiver for swimming pool setbacks be granted?
Yes
No
3, The City Commission has applied the Comprehensive Plan and LOR
requirements in existence at the time the original site plan was submitted.
4. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses which supports the findings set forth in this Order.
5. Based on the entire record before it, the City Commission approves _
denies _ the waiver requests by a vote of
in favor and _ opposed.
7
6, Based on the entire record before it, the City Commission approves _
denies _ the site plan application appeal thereby upholding the decision of the Site
Plan Review and Appearance Board and hereby adopts this Order this 6th day of
December, 2006, by a vote of _ in favor and _ opposed.
Jeff Perlman, Mayor
ATTEST:
Chevelle Nubin
City Clerk
8
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PINEAPPLE GROVE, L TD
c/o Louis J. Carbone, P.A.
II S. Swinton Avenue
Delray Beach, Florida 33444
REC(::IV D
JAN f 7 20a6
~' ";r~
Hand Delivered
City Clerk
City of Delray Beach
100 NW 1st Avenue
Delray Beach, Florida 33444
RECE::/VEO
JAN 1 7 2006
CITy CLERK
January 13, 2006
RE: LETTER OF APPEAL
REF: COA 2004-231 Class V Site Plan, Landscape Plan, And
Architectural Elevations For Pineapple GroveLimited Located
On The North Side Of NE I" Street Between Pineapple Grove
Way And NE I" Avenue (Delray Beach, Florida)
Dear City Clerk:
Pineapple Grove, Ltd. submits this Letter of Appeal in accordance with Section 2.4.7(E) of the
Land Development Regulations of the City of Delray Beach, Florida,
I. NAME OF APPELLANT AND INTEREST IN THIS MATTER: The name of the Appellant is
Pineapple Grove Ltd. The Appellant's interest in this matter is as fee simple owner of the subject
premises identified in the Site Plan Application for the Project known as Pineapple Grove Ltd, (the
"Pineapple Grove Ltd. Project")
n. IDENTIFICATION OF THE ACTIONS BEING APPEALED:
The action or actions being appealed are identified as the specific conditions of Final Site Plan approval
identified below and application of the Land Development Regulations as applied to COA 2004-231
Class V Site Plan, Landscape Plan, Aod Architectural Elevations For Pineapple Grove Limited Located
On The North Side Of NE I" Street Between Pineapple Grove Way Aod NE I " Avenue (collectively the
"Site Plan") by the Historic Preservation Board of the City of Delray Beach ("HPB") which includes the
following,
I. The Condition prohibiting swimming pools in the front setback resulting from the HPB denial of
the waiver to LDR Section 4.6.15(G)(l), which prohibits swimming pools within the front setback
area, based on a failure to make a positive finding with respect to LDR Section 2.4.7(B)(5).
2. The Condition that walls within the front setback must be screened resulting from the HPB denial
of the waiver to LDR Section 4.6.5(E), which requires the screening of walls in the front yard,
based on a failure to make a positive finding with respect to LDR Section 2.4.7(B)(5).
3. The Condition that walls located in the front yard be setback a minimum of two feet by resulting
from the HPB denial ofthe waiver to LDR Section 4.6.5(F), which requires that walls located in the
front yard be setback a minimum of 2 feet, based on a failure to make a positive finding with
respect to LDR Section 2.4,7(B)(5).
4. The Condition that the height of the walls within the front setback cannot exceed 6 feet resulting
from the HPB denial of the waiver to LDR Section 4.6.5(C), which limits the height of walls
within the required front or street side yard to 6 feet, based on a failure to make a positive fmding
with respect to LDR Section 2.4.7(B)(5),
I
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..
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.
5. The Condition that the building rear setback along the alleyway be ten feet and not eight feet which
condition resulted from a 4-foot dedication for the alley to the City ofDelray Beach and the lIPB
denial of the variance to LDR Section 4,3A(K) [10 foot rear setback], based on a failure to make a
positive fmding with respect to LDR Section 4.5.1(1),
m. IDENTIFICA nON OF WHO TOOK THE ACTION AND WHEN IT WAS MADE:
Historic Preservation Board meeting on January 4, 2006.
IV. THE BASIS OF THE APPEAL:
I. The Condition prohibitinl! swim minI! pools in the front setback.
A) The fIrst basis for the appeal of this Condition is that City Staff and the lIPB incorrectly
applied LDR Section 4.6.15(G)(I) to the subject Site Plan and as follows:
The Staff Report annexed hereto as Exhibit A dated January 4,2006 to the lIPB provides in
part that:
"The Development Proposal was submitted on May 3, 2004 which was prior to the final
approval of the Downtown Design Guidelines by the City Commission on May 4, 2004.
The development proposal has been reviewed based on regulations in place prior May 4,
2004, Therefore, the development proposal has been reviewed based on the reeulations
in place prior to the Downtown Desirm Guidelines ", (Emphasis added)
LDR Section 4,6.15(G)(l) upon which Staff and the lIPB relied in imposing the Condition of
approval of the Site Plan prohibiting swimming pools in the front setback was based on an
amendment to this Ordinance (Amd. Ord. 24-04) dated May 18, 2004 which amendment
provided that "swimming pools shall not extend into the front setback area noted in Section
4.3.4(K) ..
However, prior to the Amended Ordinance 24-04 adopted May 18, 2004, there was no
such prohibition in LDR Section 4.6.15(G)(l) which prohibited swimming pools in the front
setback. (See Exhibit B- LDR Section 4.6.15(G)(I) prior to May 18, 2004).
As noted in the Staffs Report, the subject development proposal (Site Plan) and review
thereof was based on regulations in place prior to May 4,2004. Since the amendment to the
LDR Section 4.6.l5(G)(I) was adopted after May 4, 2004, the application of this amended
ordinance to the Site Plan was incorrect.
Since there was no prohibition in LDR Section 4.6.l5(G)(I) which prohibited swimming
pools in the front setback prior to May 18, 2004, the lIPB Condition prohibiting swimming
pools in the front setback as depicted on the Site Plan must be removed,
B) The second basis for the appeal of this Condition is that the lIPB improperly denied the
waiver since the HPB failed to consider the evidence presented that the same waiver has been
granted under similar circwnstances on other property within the Historic District.
Evidence submitted at the lIPB hearing demonstratively indicates that the City Staff and
lIPB has supported and granted the same waiver to allow pools within the front setback for
the Marina Bay (eight unit) Town home Project located within the Marina Historic District.
(See Exhibit C - Staff Report for Marina Bay Town homes annexed hereto),
2
,.
.
,
As with the Marina Bay Project, the design for Pineapple Grove Ltd. Project was to provide
standard Town home and duplex development with garages doors and parking located in the
front yards. Similar to the Marina Bay Project, based on Staff and HPB suggestions. the
Appellant implemented a traditional neighborhood type of design by providing garages and
parking in the rear, which accommodated a more pedestrian friendly streetscape and allowed
for a increased setback along NE 1st Avenue to be more compatible with homes and small
offices across the street and to the north of the site, Similarly to the Marina Bay Project, with
the relocation of vehicular access to the rear, the Appellant provided courtyards with pools
(which are standard for this type of development) and relocated the courtyard with pools to
the front yard.
Finally, similarly to the basis for the waiver granted for the Marina Bay Project, the waiver
for the current Pineapple Grove site met the required basis provided in Section 4.5.1 (j)
regarding the preservation of historic character and adaptive reuse of the subject property and
as a result, positive fmding were made with respect to LDR Section 2.4.7(B)(5),
Based on the evidence submitted which showed that a similar waiver has been granted under
the same or similar circumstances on other property within the Historic District, the HPB
improperly denied Pineapple Grove's waiver request under LDR Section 2.4.7(B)(5) and, as a
result, the Site Plan Condition prohibiting pools within the front setback must be removed.
2. The Condition that waDs within the front setback must be screened.
The basis for appeal of this Condition is that the HPB improperly denied the waiver since the
HPB failed to consider the evidence presented that similar conditions exist with respect to
properties within the Historic District.
Evidence submitted at the HPB hearing showed that similar walls located along the same
street within the neighborhood as the Pineapple Grove Project do not have any screening and
that this is more compatible with the neighporhood, In addition, the lack of screening neither
creates an unsafe condition nor affords a' special privilege as other properties within the
Historic District have similar conditions, fhe HPB failed to consider such evidence. As a
result, positive fmdings should have been rrjade with respect to LDR Section 2.4.7(B) (5),
Based on the evidence submitted, the waiv r request should have been granted and as a result
the Condition that walls within the front set ack must be screened should be removed as a
condition of the Final Site Plan Approval ~ r the Pineapple Grove Project.
3. The Condition that waDs located in the font ard be setback a minimum of two feet
The basis for appeal of this Condition is th~ the HPB improperly denied the waiver since
the HPB failed to consider the evidence pr~sented that similar conditions exist with respect to
properties within the Historic District. .
Evidence submitted at the HPB hearing sho ed that similar walls located along the same
street as the Pineapple Grove Project d not have any setback and that this is more
compatible with the neighborhood. In add' ion, the setback as shown on the Final Site Plan
neither creates an unsafe condition nor af rds a special privilege as other properties within
the Historic District have similar co~ditions. The HPB failed to consider such
evidence. As a result, positive fmding shojIld have been made with respect to LDR Section
2.4,7(B) (5). :
I
Based on the evidence submitted, the waivJr request should have been granted and as a result
the Condition that walls located in the fron! yard is setback a minimum of two feet should be
removed as a condition of the Final Site Pldn Approval for the Pineapple Grove Project.
3
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t
4. The Condition that the heil!ht ofthe waDs within the front setback cannot exceed 6 feet.
The basis for appeal of this Condition is that the HPB improperly denied the waiver since
the HPB failed to consider the evidence presented that similar conditions exist with respect to
properties within the Historic District.
Evidence submitted at the HPB hearing showed that similar walls located along the same
street as the Pineapple Grove Project do exceed six (6) feet in height and that this is more
consistent and compatible with the neighborhood. Further, the evidence showed the waiver
relates to the entry gates and not the entire waiL Finally, the height of the walls at the entry
gates as shown on the Final Site Plan is more consistent with the scale of the town homes
and neither creates an unsafe condition nor affords a special privilege as other
properties within the Historic District have similar conditions,
Finally, the HPB failed to consider such evidence which demonstrated that similar waivers
have been granted based on the same or similar circumstances. For example, waivers were
provided for the Marina Bay project to allow entry gates, fences and pergolas in the front set
back wbich exceeded the 6 foot height requirement. As a result, positive finding should have
been made with respect to LDR Section 2.4.7(B)(5),
Based on the evidence submitted, the waiver request should have been granted and as a
result, the Condition that the height of the walls within the front setback CatUlot exceed 6
feet should be removed as a condition of the Final Site Plan Approval for the Pineapple
Grove Project '
5. The Condition that the building rear setback along the aDeyway be ten feet and not eight
feet.
The basis for the appeal of this Condition is that the HPB improperly denied the variance
since the HPB failed to consider the evidence presented that the same waiver has been granted
under similar circumstances on other property within the Historic District.
The City Staff and HPB has supported and granted the same variances from Building
, setbacks under similar circumstances. More specifically, with respect to the following
properties, all being newly developed sites within the Historic District.
a. Marina Bav Townhomes: Reductions of various bnilding setbacks including a
reduction of the front setback along 135 SE 7th Avenue to twelve feet to allow
the duplex to be constructed.(See Exhibit C).
b. Eil!ht NE 2nd Street: Reduction ofthe building side street setback from fifteen
(15') feet to ten (10') feet. This Property is located within the same block as
Pineapple Grove Ltd. Project.
c. 136 NE I " Avenue: Reduction of the building side street setback from twenty-
five (25') feet to twenty (20'). This Property is located on the same street as
Pineapple Grove Ltd Project
In addition, final site plan approval was provided by HPB with respect to the property located
directlv across the street at 114 NE I" Avenue (Cope Property) forreduction in front setback
to twenty (20') feet from twenty-five (25') feet without an application for a variance.
4
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Evidence submitted at the HPB hearing further demonstrated that the Applicant's two (2) foot
relief from the building setback resulted from the City's requirement to provide a four (4) foot
right of way dedication for the alley and not from the property owners desire to increase or
extend the size ofthe building into the current setback,
Evidence submitted at the HPB hearing further demonstrated that only a portion of the
building extends into the setback and that no "Canyon" effect would result as mentioned in
the Staff Report.
Finally, evidence was presented demonstrating that the Applicant provided a larger right of
way for the alley than required by the City engineer further eliminating the need for a greater
building setback.'
Based on the evidence submitted which showed that similar variances have been granted
under the same or similar circumstances on other property within the Historic District or have
not been required as a condition of site plan approval, the HPB improperly denied
Pineapple Grove's variance request under LDR Section 4.5.1(1) and as a result the Site Plan
Condition requiring the granting of such variance should be removed.
v. RELEIF BEING SOUGHT
1. Removal the HPB Condition to the Pineapple Grove LId Site Plan prohibiting swimming pools
in the front setback by granting of the waiver to LDR Section 4.6.15(G)(I) based on a positive
fmding with respect to LDR Section 2.4.7(B)(5).
2. Removal the HPB Condition to the Pineapple Grove LId Site Plan that walls within the front
setback must be screened by granting the waiver to LDR Section 4.6.5(E), , based on positive
finding with respect to LDR Section 2.4.7(B)(5),
3. Removal the HPB Condition to the Pineapple Grove LId Site Plan that walls located in the front
yard be setback a minimum of two feet by granting the waiver to LDR Section 4.6.5(F) based
on positive fmding with respect to LDR Section 2.4.7(B)(5).
4. Removal the HPB Condition to the Pineapple Grove LId Site Plan that the height of the walls
within the front setback cannot exceed 6 feet resulting from the granting the waiver to LDR
Section 4.6,5(C), based on positive fmding with respect to LDR Section 2.4.7(B)(5).
5. Removal the HPB Condition to the Pineapple Grove Ltd Site Plan that the building rear setback
along the alleyway be ten feet and not eight feet which condition resulted from a 4-foot
dedication for the alley to the City ofDelray Beach or in the alternative, remove the requirement
for the variance to LDR Section 4.3.4(K) [10 foot rear setback], based on positive fmding with
respect to LDR Section 4.5.1(1).
APPEALLANT
~
. Louis J.C bone
General Partner
------------
1 Tho city has requested a twenty (4') foot right of way alley dedication for Pineapple Grove Ltd. so the alley may be
increased to a total of twenty (20') feet. However, Pineapple Grove Ltd has provided a 24' ril!ht of wav, 4' more feet
than what the City is requesting. This provides a more useable and creates a safe pedestrian and vehicular roadway. The
further requirement for a setback variance is therefore not necessary.
5
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EXHIBIT A
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HISTORIC PRESERVATION BOARD
CITY OF DELRAY BEACH QQQSTAFF REPORTQQ-
MEETING DATE:
AGENDA ITEM:
ITEM:
January 4, 2006
II. B.
Consideration of COA 2004-231 Which Incorporates The Class V Site Plan,
Landscape Plan, And Architectural Elevations For Pineapple Grove
limited, Located On The North Side Of NE 1st Street, Between Pineapple
Grove Way And NE 1st Avenue.
GENERAL DATA:
Owner/Applicant............. Pineapple Grove Ltd.
Agent ............................. Jeffrey Silberstein Architects &
Associates
Location.......................... Located on the north side of NE 1st
Street, between Pineapple Grove I
Way and NE 1st Avenue
Property Size.................. 1.658 acres
Future Land Use Map..... CC (Commercial Core) & OMU
(Other Mixed Use)
Current Zoning............... CBD (Central Business District)
& OSSHAD (Old School
Square Historic Arts District)
Adjacent Zoning....North: OSSHAD & CBD
East: CBD
South: CBD & OSSHAD
West: OSSHAD
Existing Land Use.......... Vacant Commercial & Multiple
Family Residential
Proposed Land Use........ Construction of a 39-unit mixed
use project with 5,385 sq.ft of
retail, 5,764 sq. ft. of office, and
4,868 sq. ft. restaurant.
Water Service...._............ Existing on site.
Sewer Service..........-..... Existing on site.
CAsON .
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ITEM BEFORE THE BOARD
The action before the Board is approval of a COA-2004-231, which incorporates the following
aspects of the development proposal for Pineapple Grove Limited, pursuant to LDR Section
2.4.5(F):
. Class V Site Plan
. Landscape Plan
. Architectural Elevations
. Waiver Request
. Variance Request
The subject property is located on the north side of NE 1st Street, between Pineapple Grove
Way (NE 2nd Avenue) and NE 1st Avenue.
BACKGROUND
The development proposal consists of the south 38.25 feet of Lot 5,6,7.8, the south 34.75 feet
of Lot 13, 14, 15, and 16 of Block 75 of the Town of Linton Plat and contains 1.658 acres,
The eastern half of the development (Lots 13 through 16) is located in the CBD (Central
Business District) zoning district and contains two buildings that were built in 1965. The western
half of the development (Lots 5 through 8) is located in the OSSHAD (Old School Square
Historic Arts District) and contains a multiple family development that was constructed in 1950
and was the former site of Neil's Market.
It is noted that the south 34.75 feet of Lot 6 and all of Lots 7 and 8 are subject to the permitted
uses and development regulations of the CBD zoning district. Further, the development
proposal was submitted on May 3, 2004. which was prior to the final approval of the Downtown
Design Guidelines by the City Commission on May 4. 2004. Therefore. the development
proposal has been reviewed based on the regulations in place prior to the Downtown Design
Guidelines.
The action now before the Board is approval of the site plan, landscape plan, architectural
elevations, a series of waivers and a variance.
PROJECT DESCRIPTION
The development proposal incorporates the following:
. Demolition of the existing buildings and construction of a mixed-use project that contains 8
townhouses, 2 duplexes, and a three-story 5,764 square foot office building along the west
side of the alley; construction of a mixed-use building along the east side of the alley that
contains 4,868 square feet of restaurant floor area, 5,385 square feet of retail floor area,
and 30 condominium dwelling units along the east side of the alley;
. Construction of a two-story parking facility along the east side of the alley;
. Construction of a pool and garden deck along the east side of the alley; and
. Installation of dumpster enclosures and associated landscaping.
The development proposal includes waivers to the following sections of the Land Development
Regulations:
"
Historic Preservation Board Meeting of January 4. 2006
Pineapple Grove Limited COA 2004-231
~
1. LOR Section 4.6.5(C), which limits the height of walls within the required front or street
side yard to 6 feet.
2. LOR Section 4.6.5(E), which requires the screening of walls in the front yard.
3. LOR Section 4.6.5(F), which requires that walls located in the front yard be setback a
minimum of 2 feet.
4. LOR Section 4.6.14(A), which requires 40 feet visibility triangles at the intersections of
public rights-of-way.
5. LOR Section 4.6.15(G)(1), which prohibits swimming pools within the front setback area.
The development proposal includes a variance to LOR Section 4.3.4(K), which requires a rear
setback of 10 feet, and 8 feet is proposed for the mixed use building along the east side of the
alley.
SITE PLAN ANALYSIS
COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS:
Items identified in the Land Development Regulations shall specifically be addressed by
the body taking final action on the site and development application/request.
LOR Section 4.3.4(K) Develooment Standards Matrix:
The following table indicates that the proposal complies with LOR Section 4.3.4(K) as it pertains
to that portion of the development located in the CBO zone district:
Rear
Re uired
48'
10'
Provided
48'
8' See Variance Anal sis
The following table indicates that the proposal complies with LDR Section 4.3.4(K) as it pertains
to that portion, of the development located in the OSSHAD zone district:
Reauired Provided
Buildina Heiaht (max.) 35' 34' 9"
ODen SDace 25% 15%.
Maximum Lot CoveraQe 40% 28%
Setbacks .
. Front 25' 20' **
. Side Interior (North & South) 7.5' 10'
. Rear . 10' 29'
.
Pursuant to LDR Section 4.3.4(K), a minimum of 25% open space is required in the OSSHAD zoning
district and 15% is proposed. A condition of approval is attached that the site plan be revised to
provide a minimum of 25% open space for Lots 5 & 6. If the minimum required open space is not
provided, consideration of the site plan must be delayed until a variance application is submitted and
processed.
.. The required front setback in the OSSHAD zoning district is 25 feet and 25 feet is proposed from the
current right-of-way of NE 1" Avenue, However, as discussed later in this report, the applicant will be
required to dedicate 5 feet along the NE 1" Avenue right-of-way, This will reduce the proposed front
2/21
.
Historic Preservation Board Meeling of January 4, 2006
-Pineapple Grove limited COA 2004-231
setback to 20 feel. Therefore, a condition of approval is attached that the duplex be redesigned to
comply with the required 25 foot front setback based on the ultimate right-of-way. Otherwise,
consideration of the site plan must be delayed until a variance application is submitted and
processed,
Central Business District (CBD) District ReQulations:
Setbacks:
Pursuant to LDR Section 4.4.13(G)(2)(a), within those sections of the CBD zoning district
located in the Pineapple Grove Main Street area and east of the Intracoastal Waterway, a front
setback of not less than 5 feet nor greater than 10 feet and a 5 foot side (street) setback shall
be provided. There shall be no required side (interior) or rear building setbacks except where
there is no dedicated access to the rear of a building, a 10 foot side setback shall be provided.
The applicant has indicated that a non-vehicular access line will be placed along the south side
of the property adjacent to NE 1 st Street. This will locate the front yards for this project along
both Pineapple Grove Way and NE 1st Avenue the lot front respectively. The proposed
development complies with this requirement as a 5 foot minimum setback has been provided
along Pineapple Grove Way and NE 1st Street. The development along NE 1st Avenue is a
townhouse design that has a front setback that is consistent with the Old School Square Historic
Arts District.
Parking:
Pursuant to LDR Section 4.4.13(G)(1) and utilizing the shared parking table of LDR Section
4.6.9(C)(8Xa)[Appendix CJ, the 39 residential units; 5,385 square feet of retail floor area; 5,764
square feet of office floor area; and 4.868 square feet of restaurant floor area, together require
130 parking spaces, and 103 parking spaces are provided on-site, Pursuant to LDR Section
4.6.9(B)(4), the applicant has been granted a credit of 30 spaces for property that is owned by
the applicant on the south side of NE 1st Street, which has been acquired by the City for use as
a public parking facility. Based on this credit, the proposed development provides 133 total
parking spaces. which complies with the minimum parking requirement.
Minimum Residential Floor Area:
Pursuant to LDR Section 4.4.13(H)(3). the minimum floor area for multi-family residential
dwelling units shall be as established for the Medium Density Residential (RM) zoning district in
Section 4.3.4(K). The following table indicates that the proposed residential development
satisfies the City's minimum Multiple Family development floor area:
Minimum Floor Area' Minimum Proposed Floor Number of Units
Area.
One Bedroom 600 824 12
Two Bedroom 900 1,731 15
Three Bedroom 1,250 1,954 12
, Square Feet
VARIANCE ANALYSIS
Pursuant to LDR Section 4.3.4(K), the required rear setback in the CBD zoning district is 10 feet
and 8 feet is proposed for the mixed-use building along the east side of the alley. The applicant
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has submitted a waiver request to reduce the rear yard setback and has submitted the following
narrative in support of the request:
'The project was designed to meet the 10' setback from the existing rear property line. Upon
review of the submitted plans, the City has requested a ROW dedication of 2 feet on each side
of the alley witch {sic] is west of the rear of the proposed structure, thereby reducing the rear
setback to 8'. The applicant has proposed to widen the alley to 24' (at staff's suggestion)
thereby creating a ROW that is wider than requested new 20' ROW [sic]. This approach is in
the interest of the public's safety and welfare. Visually and physically the setback will read as
10' from the existing property line and hence will not alter the character of the neighborhood,
Lastly, HBD has consistently recommended approval for deduction (sic] of setbacks due to the
City's requests for ROW dedications. The Board's justification has been based for example on
the premise if a 5' ROW dedication was requested than [sic] the applicant should be allowed a
5' setback reduction as this would have no impact visually on the streetscape and character of
the area. "
The criteria for a variance are provided in Appendix "C" of this report. The building subject to
the setback variance is located in the CBD zoning district and has no historic significance.
Pursuant to LDR Section 4.3.4(H)(1), setbacks are established from the property line based on
the ultimate right-of-way. In the downtown area, the City has required dedication of right-of-way
to meet the 20 foot alley dimension. The City has not provided relief for the rear setback along
the alley for new development. The proposed variance is not necessary for the adaptive reuse
of an existing structure or site (all development is new). Further, the setback is necessary to
mitigate the "canyon" effect within the alleys. Given this mitigation, the granting of the variance
would be contrary to the public interest, safety, or welfare. Based on the above, the variance
request does not meet the required basis in Section 4,5.1 (J). Therefore. the variance should be
denied and the development redesigned to meet the required 10 foot rear setback.
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;
(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.
Wall Height:
Per LDR Section 4.6.5(C), the maximum height of walls within the required front or street side
yard is 6 feet. The proposed wall and gates along the west side of the property are 11 feet 8
inches high. The applicant has requested a waiver to allow an increase in the height of the wall.
The applicant has submitted the following narrative in support of the waiver:
"The applicant believes that this design element is consistent with the neighborhood. The wall
height complies with the LOR requirement except where they break to denote the entry. Similar
applications can be found in other parts of the City. The applicant requests relief. '
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Waiver Analvsis:
There are several of these pergola gate features along NE 1st Avenue that are approximately 8
feet high. The proposed 11 feet 8 inch pergolalwall features would not be consistent with the
neighborhood. Furthermore, there are no cases that staff is aware of concerning increasing the
height of the wall or gate. Based on the above, a positive finding cannot be made with respect
to LOR Section 2.4.7(B)(5), Waiver Findings.
Wall Setback
Pursuant to LOR Section 4.6_5(E) & (F), masonry walls located in the front yard must be
screened by landscape material that is to be maintained at a minimum height equal to half the
height of the wall. Landscape materials must be of the type that will reach the required height
within two years of planting. These walls must be setback 2 feet from the property line to
provide adequate area for vegetation to mature. The proposed wall is located along the property
line with no setback and landscaping. The applicant has requested a waiver to eliminate the
required wall setback and landscaping.
The applicant has submitted the following narrative in support of the waiver:
"The applicant believes that this design element is consistent with the neighborhood. For
instance, one block north, property walls abut the property line with vines trained to grow over
the walls. We have proposed similar landscaping scheme. The applicant requests relief."
Waiver Analvsis:
There are several homes along NE 1st Avenue that do not provide the required setback or
landscaping. It is noted that these requirements were not effect at the time these walls were
constructed. The purpose for the setback and landscaping is to soften these features.
Otherwise, the wall would directly abut the public sidewalk and create a harsh pedestrian
environment. Consequently, a positive finding cannot be made with respect to LOR Section
2.4.7(B)(5), Waiver Findings.
Sight Visibility
Pursuant to LOR Section 4.6.14(A), a 40 foot visibility triangle is required at the intersections of
public rights-of-way. The building at the intersection of Pineapple Grove Way and NE 1st Street
and the garden wall at the intersection of NE 1st Street and NE 1st Avenue encroach into the
required visibility triangle. The applicant has requested a waiver to reduce these visibility
triangles, however. a narrative in support of the waiver has not been provided.
Waiver Analvsis:
There is no concem with respect to the reduced visibility triangles since the restaurant
encroaches approximately 4 feet into this area and the wall encroaches approximately 6 feet.
Given the location of the stop bars along Pineapple Grove Way and NE 1st Avenue, there will be
adequate sight lines for cross traffic along NE 1st Street. It is also noted that NE 1st Street will
be converted to two-way traffic flow. which should serve to calm traffic with respect to vehicle
speeds. Similar circumstances on other properties would lead to the same conclusion.
Consequently, positive findings can be made with respect to LOR Section 2.4.7(B)(5). Waiver
Findings.
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Overhead cables (electric, telephone, CATV) are required to be placed under ground whenever
feasible. A condition of approval is attached that all overhead utility lines (including the alley) be
placed under ground.
Street and Parking Lot Lighting:
Pursuant to The Plan, the street and parking lot lighting should be consistent with the Pineapple
Grove Main Street lighting. The light poles and fixtures should have a pedestrian scale of 12
feet to 14 feet. The street lights should be staggered from one side of the street to the other
with a separation of approximately 75 feet.' The lamps must be metal halide and powder-coated
cast aluminum for the pole and fixture and fitted to accept banners. A condition of approval is
attached that the street lighting for NE 1st Street and NE 1st Avenue be identified on the plans
and that they consist of the typical acorn light fixture and spun concrete poles for the
redevelopment area.
Street Furniture:
The Plan indicates that benches and trash receptacles will be provided. It will be necessary for
the applicant to obtain the approved street bench, trash receptacle and bollard details from the
Engineering Department and this attached as a condition of approval.
Right-of-Way Dedication:
Pursuant to LDR Sections 5.3,1 (A) and (D) and Table T-1 of the Comprehensive Plan
Transportation Element. the following table describes the required rights-of-way and the existing
rights-of-way adjacent to the subject property:
Right-of-Way Required Existing Proposed Required
Dedication
PineaDOfe Grove Wav 60' 50' 50' 0'
NE 1s1 Street 55' 50' 50' 5'
NE 1Sf Avenue 60' 50' 50' 5'
Allev 20'or dominant width 16' 20' 4'
Pursuant to LDR Section 5.3.1(D)(4), a reduction in the required right-of-way width of existing
streets may be granted by the City Engineer upon favorable recommendation from the
Development Services Management Group (DSMG). The City Engineer and DSMG considered
the reductions and approved the reduction of right-of-way for Pineapple Grove Way to the
existing width. However, a 5 foot dedication will be required for NE 1st Street and NE 1s1 Avenue
together with a 4 foot dedication for the alley and is attached as a condition of approval. As
noted previously, the dedication of the 5 feet for NE 1 sl Avenue will require redesign of the
duplex, which requires a 25 foot front setback from the ultimate right-of-way line.
Technical Items: While the revised site plan has accommodated some staff concerns; the
following items remain outstanding, and will need to be addressed prior to building
permit submittal (unless stated otherwise):
1. That an easement is provided for the encroachment of the townhouse roof eaves that
encroach over the duplex property lines.
2. That a 20 foot corner clip is provided at the northwest corner of NE 2nd Avenue and NE 1st
Street and northeast comer of NE 1s1 Street and NE 1st Avenue.
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Swimming Pool Setbacks:
Putsuant to LOR Section 4.6.15(G)(1), swimming pools are allowed to extend into a rear or side
setback area but no closer than 10 feet to any property line. However, swimming pools are
prohibited within the front setback since there is no provision for their encroachment. The
proposed duplex and townhouse pools are located completely within the front yard setback.
The applicant has submitted a waiver request to allow the pools within the front setback.
The applicant submitted the following narrative in support of the waiver request:
..../n order to provide for a more pedestrian friendly streetscape and as had been requested by
the Historic Preservation Board and Pineapple Grove Main Street Board we opted to located the
garages and vehicular access to the town homes to the rear instead of locating garages in the
front yards. As a result, the town homes have their courtyard gardens with pools in the front
rather than the rear. We believe this application is standard for this type of development.
As noted, the location of the pools within the setback has been approved by other projects
located within the Historic Districts of Delray Beach."
Waiver Analvsis:
The Historic Preservation Board approved relief for pools within the front setback for the Marina
Bay Townhomes project. This approval was based on the design of the project. which had
vehicular access to the rear of the units. It is noted that the Pineapple Grove Limited project
offers recreational facilities that the townhouses could have access to, which includes a
common pool. There is a concern that the pools within the front yard would detract from the
character of this neighborhood, which have no pools in the front yard. Consequently, a positive
cannot be made with respect to LOR Section 2.4.7(8)(5), Waiver Findings.
Landscape Islands:
The landscape islands along the east side of the townhomes range from 12 feet to 14 feet.
There is a concern with respect to vehicles parking in these areas. If a vehicle parks in these
areas, they will encroach into the one-way drive aisle and impede traffic. These landscape
islands need to be increased to a depth of 20 feet or reduced to a maximum of 5 feet (to
discourage parking) and this is attached as a condition of approval. If the islands are shortened,
the air conditioning units would need to be relocated (likely to roof wells), H\J ~{';--:'~"'. I.. q:, ~
Pineapple Grove Main Street Redevelopment Plan:
The Pineapple Grove Main Street Neighborhood Plan (The Plan) contains several design
guidelines that address redevelopment efforts within this area. The following is an analysis of
the applicable design guidelines:
Street Improvements:
The Plan indicates that the intersection at NE 1st Street and NE 1st Avenue be resurfaced with
paver bricks to match the intersection of Pineapple Grove Way and Atlantic Avenue. A
condition of approval is attached that the applicant resurface this intersection accordingly.
Overhead Power Lines:
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3. That the finished floor elevation is established as a minimum of 18 inches above the
centerline of roadway along NE 1st Avenue.
4. That type "F" curbing shall be required along NE 1st Street and NE 1st Avenue.
5. That an exclusive 12 foot water easement be provided over water main.
6. That a minimum of 10 feet be provided between the water main and the building.
7. That tactile warning devices are installed at the entrances to the parking garage to warn
drivers.
8. That the site data table is revised to remove the 8 parallel parking spaces from the total
provided.
9. That the location of the grease trap is noted on the site plan.
10. That the location of the nearest existing fire hydrants and additional fire hydrants per the
direction of the Fire Department and City Engineer be provided.
11. That a composite utility plan including the proposed landscaping is provided prior to
certification of the site plan.
12. That a 10 foot general utility easement is provided through the property,
13. That the located and method of mail collection be noted on the site plan.
14. That the applicant contributes $7,500.00 toward a bus shelter.
15. That a revised traffic statement be submitted that reflects the current development proposal.
16. That a finding of concurrency be submitted from the School District of Palm Beach County.
LANDSCAPE ANALYSIS
The proposed landscaping consists primarily of foundation areas and street trees that include
Royal Palms, existing Cassia trees, Live Oak trees, Japanese Fern trees, Green Malayan
Coconut Palms, and Alexander Palms. These areas will be under planted with Arboricola,
Variegated Ginger, Black Magic Ti Plant, Redtip Cocoplum, Purple Crinum Lily, Fakahatchee
Grass, Ficus hedge, Foxtail Fern, Lobster Claw Ginger, Green Island Ginger, Horizontal
Cocoplum. Hibiscus Standard, Ixora Nora Grant, Yellow Lantana, Mona Lavender, Lady Palm.
White Bird of Paradise, Red Sister Ti Plant, Trinette, Wart Fern, and Sweet Viburnum. The
landscape plan complies with LOR Section 4.6,16, except with regard to the north perimeter
landscape strip, which is discussed below.
Landscaoe Technical Items: The following Landscape Plan items remain outstanding,
and will need to be addressed prior to building permit submission.
1. That conflicts between landscaping, utilities, and light poles are resolved in accordance with
the City Horticulturalist.
2. That all visibility triangles are graphically noted on the landscape plan.
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DESIGN ELEMENTS
The proposed residential and mixed-use buildings are in the vemacular style. The townhouses
and duplex have a combination of gable and hip roofs with silver standing seam metal. All
buildings will be painted white and have variations of lap siding and stucco. The architecture of
these units are monotonous with little variations, The Board may want to consider requiring
variations in architectural appurtenances such as rail. awning, window, and door styles to
differentiate between units. The Pineapple Grove Main Street Design Review Committee
considered the elevations and recommended the color scheme be revised to provide more
vibrant colors. A condition of approval is attached that the color scheme be revised to provide
more vibrant colors and that variations of color schemes be provided to distinguish between
units. The applicant has indicated that the sliding glass doors are manufactured to match
French doors. In order to maintain a higher quality of development, a condition of approval is
attached that the sliding glass doors are changed to French doors,
REQUIRED FINDINGS
Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development
applications, certain findings must be made in a form which is part of the official record.
This may be achieved through information on the application, 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 and Comprehensive Plan Consistency,
Concurrency, and Compliance with the Land Development Regulations. At its meeting of
May 7, 2002, the City Commission made positive findings with respect to the Future Land
Use Map, Comprehensive Plan Consistency, and Concurrency provided conditions of
approval are addressed. However, the following is provided:
Section 3.1.1 (AI - Future Land Use Map:
That portion of the subject property west of the alley has a FLUM (Future Land Use Map)
designation of OMU (Other Mixed Use) and zoning designation of OSSHAD. The portion of the
property located east of the alley has a Future Land Use Map designation of CC (Commercial
Core) and a zoning designation of CBD (Central Business District). The zoning districts are
consistent with the CC Future Land Use Map designations. As noted in the background section,
the southern 34.75 feet of Lot 6 and all of Lots 7 and 8 are subject to the permitted uses and
development regulations of the CBD zoning district. Pursuant to LOR Section 4.4.13(B)(4),
within the CBD zoning district, mixed use developments are allowed. The development will
have less than the 30 units per acre (23.32 dwelling units per acre), which is considered a
permitted use in the CBD zoning district. Pursuant to LOR Section 4.4.24(B)(1), the proposed
duplex is considered an allowed use in the ass HAD zoning district. Thus, positive findings can
be made with respect to Future Land Use Map consistency,
Section 3.1.1 (BI. Concurrencv:
As described in Appendix A, a positive finding of concurrency can be made as it relates to
water, sewer. streets and traffic, drainage. parks and recreation. open space. and solid waste.
Section 3.1.1 (CI - Consistencv (Standards for Site Plan Actionsl:
As described in Appendix B, a positive finding of consistency can be made as it relates to
Standards for Site Plan Actions.
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Section 3.1.1 10) - Compliance With the Land Development ReQulations:
As described under the Site Plan Analysis of this report. a positive finding of compliance with
the LDRs can be made, provided that all outstanding items attached as conditions of approval
are addressed.
Comprehensive Plan Policies:
A review of the objectives and policies of the adopted Comprehensive Plan was conducted and
the following applicable objectives or policies were noted:
Future Land Use Element Obiective A-1 - Property shall be developed or redeveloped in a
manner so that the future use and intensity is appropriate and complies in terms of soil,
topographic, and other applicable physical considerations, is complimentary to adjacent
land uses, and fulfills remaining land use needs.
The property contains several vacant commercial buildings and multiple family structures and
also includes the former site of Neal's Market (demolished). There are no special physical,
historic, or environmental characteristics of the land that would be negatively impacted by the
proposed mixed-use development. The development will be complimentary with the
surrounding commercial developments and provide a customer base for area ,businesses on a
year-round basis instead of seasonal, which provides economic stability for the area.
In terms of fulfilling remaining land use needs, the Housing Element of the Comprehensive Plan
states as follows:
One of the most important objectives of the City's overall housing policy is the establishment of
housing in the downtown area. In the years since adoption of the 1989 Comprehensive Plan
the downtown has changed from a somewhat sleepy, seasonally oriented shopping district to a
vibrant year-round retail, service, and entertainment area with an active nightlife. A critical
missing element is a significant housing development. The City recognizes the importance of
providing housing in close proximity to shopping, employment, and transportation, and the need
to have a residential base to support the businesses in the downtown area.
The proposed development will help to fulfill this stated land use need, and is therefore
consistent with tllis policy.
Future Land Use Element Policy C-4.4. - The City supports the efforts to reyitalize the
Pineapple Grove Main Street (PGMS) area, and the use of the Main Street approach:
organization, promotion, design, and economic restructuring. While the CRA is the lead
support agency for the PGMS organization, the City will provide technical support and
assistance through the Planning & Zoning and Community Improvement Departments.
The Pineapple Grove Main Street Neighborhood Plan contains several design guidelines that
address redevelopment efforts within this area. These items were previously discussed under
the 'Compliance with LDRs' Section of this report.
Transportation Element Policy 0-2.2 - Bicycle parking and facilities shall be required on
all new development and redevelopment. Particular emphasis is to be placed on
development within the TCEA Area.
Bicycle parking is proVided within the covered parking area and at the northeast corner of the
development.
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ODen 5Dace and Recreation Element Policv A.3.1 - Tot lots and recreation areas serving
children from toddlers to teens, shall be a feature of all new housing developments as
part of the design to accommodate households having a range of ages. This
requirement may be waived or modified for residential developments located in the
downtown area, and for infill projects having fewer than 25 units.
This policy may be waived for projects in the downtown because the City recognizes the
following: that households located in the downtown are likely to have fewer children than those
located in suburban settings; that land in the central business district is at a premium and it can
be cost prohibitive to provide recreational features such as tennis courts, volleyball courts, etc.;
and. that there are other cultural and recreational opportunities located in the downtown that are
not readily available to residents of suburban apartment complexes. Some of the recreational,
cultural, and open space opportunities located in proximity to the project include: Veteran's
Park, which includes a large playground and recreational area; the Atlantic Ocean, the City's
Tennis Center, Old School Square Cultural Center, the Milagro Center. Based on the above,
this policy is not applicable to this project.
Housina Element Objective B-2 - Redevelopment and the development of new land shall
result in the provision of a variety of housing types which shall continue to
accommodate the diverse makeup of the City's demographic profile, and meet the
housing needs identified in this Element. Policies, which will implement this objective,
include:
Housina Element Policv 8-2.2 - The development of new adult oriented communities
within the City is discouraged. New housing developments shall be designed to
accommodate households having a range of ages, especially families with children, and
shall be required to provide 3 and 4 bedroom units and activity areas for children ranging
from toddlers to teens. This requirement may be waived or modified for residential
development located in the downtown area, and for infill projects having fewer than 25
units.
This development provides 7 three bedroom units (43%) and will not be excluded to occupancy
by adults only. However, it is acknowledged that downtown dwellings are not typically occupied
by households with children. This complex will primarily accommodate young and middle-age
professionals. As allowed by this policy, it is appropriate that there not be a requirement to
provide 4 bedroom units and specific activity areas for children,
Housjna Element Policv B-2.6 - Housing in and near the downtown area, in close
proximity to employment opportunities and services, is a critical need. In order to help
stimulate demand for new housing in and around the Central Business District, the
development of new rental housing projects outside of the TCEA and North Federal
Highway area is discouraged.
The development proposal complies with this policy as it provides the desired type of residential
development within the CBD.
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.
Housjna 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
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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.
This project is located within the commercial core area of the City. As noted previously, the
residents and commercial components of this development will aid in the economic stability of
the Pineapple Grove Main Street area as well as the Atlantic Avenue downtown area. The
project is located within an area that consists of the traditional road grid system. This system is
conducive to traffic distribution, wherein, automobiles have a diverse choice of options to
navigating the downtown area. Motorists are able to navigate the local grid street system to
avoid congestion in order to reach collector and arterial roads such as Pineapple Grove Way,
NE 1st Street, NE 1st Avenue. NE 2nd Street, Swinton Avenue, NE 4'" Street/Lake Ida Road,
Atlantic Avenue, and Federal Highway. Given the diffusion of vehicle trips, it is unlikely that
adjacent neighborhoods will be negatively impacted by the additional traffic.
Section 2.4.5 (Fl(51- Compatibilitv (Site Plan Findinosl: The approving body must make a
finding that development of the property pursuant to the site plan will be compatible and
harmonious with adjacent and nearby properties and the City as a whole, so as not to
cause substantial depreciation of property values.
The subject property is bordered to the north, south and west by Old School Square Historic
Arts District zoning district and to east and south by the CBD zoning district. The adjacent land
uses include: to the north and west single family residential and commercial uses; to the east
and south by commercial and Old School Square.
The mixed-use development proposal will significantly enhance the aesthetics of the subject
property together with the neighborhood. The duplexes and townhouses will provide an
appropriate transition between the Pineapple Grove Way commercial uses and the lower
intensity historic neighborhood to the west. The proposed redevelopment will provide year-
round customer and employment base for the nearby commercial redevelopment along
Pineapple Grove Way as well as new opportunities for businesses. The stability of the
downtown area will be enhanced by the addition of the households that will patronize area
businesses and contribute to the long term revitalization of this redevelopment area together
with employment base of the commercial uses.
REVIEW BY OTHERS
The development proposal is located in an area which requires review by the CRA (Community
Redevelopment Agency) and the DDA (Downtown Development Authority).
Pineapple Grove Desion Review Committee
At its meeting of September 7,2005, the Design Review Committee reviewed the proposal and
recommended approval of the development proposal, subject to revision of the color scheme to
provide a more vibrant color scheme consistent with the Pineapple Grove Main Street
redevelopment area.
Community Redevelopment Aaencv (eRAI
At its meeting of August 25, 2005, the CRA reviewed the proposal and recommended approval.
Downtown Development Authority tDDAI
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At its meeting of September 12, 2005. the DDA reviewed the proposal and recommended
approval.
Courtesy Notice:
Courtesy notices have been provided to the following homeowner's associations, which have
requested notice of developments in their areas:
. Neighborhood Advisory Council
. Chamber of Commerce
. Old School Square
. Bankers Row
. Progressive Residents of Delray (PROD)
. President's Council
Public Notice:
Formal public notice has been provided to property owners within a 500 foot radius of the
subject property. Any letters of support or objection will be presented at the Historic
Preservation Board meeting.
ASSESSMENT AND CONCLUSION
The proposed mixed-use portion of the development will further enhance vibrancy of the
downtown area and the continued redevelopment of the Pineapple Grove redevelopment area.
The townhouses and duplexes will provide an appropriate transition between the more intense
commercial area along Pineapple Grove Way and the low intensity historic neighborhood. The
development proposal includes several waivers, several of which cannot be supported including
the pools in the front setback, wall setback and landscaping, and the variance to the rear
setback. The proposed use is consistent with the policies of the Comprehensive Plan and
Chapter 3 of the Land Development Regulations, Positive findings can be made with respect to
Section 2.4.5(F)(5) regarding compatibility of the proposed development with surrounding
properties, Positive findings can be made with respect to compliance with the Land
Development Regulations orovided the conditions of approval are addressed.
ALTERNATIVE ACTIONS
A. Postpone with direction.
B. Move approval of CO A 2004-231, associated Class V site plan approval, landsCl1pe plan,
design elements, waivers, and variance for Pineapple Grove Limited, by adopting the
findings of fact and law contained in the staff report, and finding that the request, and
approval thereof, meets criteria set forth in Chapter 3, Section 2.4.5(F)(5) of the Land
Development Regulations and Comprehensive Plan, subject to conditions of approval.
C. Move denial of COA 2004-231, associated Class V site plan approval, landscape plan,
design elements, waivers, and variance for Pineapple Grove Limited, by adopting the
findings of fact and law contained in the staff report, and finding that the request, and
approval thereof. does not meet criteria set forth in Chapter 3, Section 2.4.5(F)(5) of the
Land Development Regulations and Comprehensive Plan,
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,Pineapple Grove Limited COA 2004-231
STAFF RECOMMENDATION
~
By Separate Motions:
Variance:
Deny the variance to LDR Section 4.3.4(K}[10 foot rear setback], based on a failure to make a
positive finding with respect to LDR Section 4.5.1(J}.
Waivers:
1. Deny the waiver to LDR Section 4.6.5(C}, which limits the height of walls within the required
front or street side yard to 6 feet. based on a failure to make a positive finding with respect
to LDR Section 2.4.7(B)(5).
2. Deny the waiver to LDR Section 4,6.5(E), which requires the screening of walls in the front
yard, based on a failure to make a positive finding with respect to LOR Section 2.4.7(B)(5).
3. Deny the waiver to LDR Section 4.6.5(F}, which requires that walls located in the front yard
be setback a minimum of 2 feet, based on a failure to make a positive finding with respect
to LOR Section 2.4.7(B)(5}.
4. Approve the waiver to LOR Section 4.6.14(A}, which requires 40 feet visibility triangles at
the intersections of public rights-of-way, based on a positive finding with respect to LOR
Section 2.4.7(B)(5}.
5. Deny the waiver to LOR Section 4.6.15(G}(1}, which prohibits swimming pools within the
front setback area. based on a failure to make a positive finding with respect to LOR
Section 2.4.7(B}(5).
Site Plan:
Approve COA 2004-231 and associated Class V site plan for Pineapple Grove Limited, by
adopting the findings of fact and law contained in the staff report, and finding that the request,
and approval thereof, meets criteria' set forth in Chapter 3, Section 2.4.5(F}(5} of the Land
Development Regulations and Comprehensive Plan, subject to the following conditions of
approval.
1. Address all Site Plan Technical Items and submit three (4) copies of the revised plans;
2. That the site plan be revised to provide a minimum of 25% open space for Lots 5 & 6.
3. That the duplex be redesigned to comply with the required 25 foot front setback based on
the ultimate right-of-way for NE 1st Avenue.
4. That the landscape islands along the east side of the townhouses be increased to a depth
of 20 feet or reduced to a maximum of 5 feet.
5. That the applicant resurface the intersection of NE 1st Avenue and NE 1 Street to match the
intersection of Pineapple Grove Way and Atlantic Avenue
6. That all overhead utility lines (including the alley) be placed under ground.
14/21
. . Historic Preservation Board Meeting of January 4. 2006
. Pineapple Grove limited COA 2004-231
7. That the street lighting for NE 1st Street and NE 1st Avenue be identified on the plans and
that they consist of the typical acorn light fixture and spun concrete poles consistent with
the redevelopment area.
8. That street bench and trash receptacles be installed along Pineapple Grove Way and NE
1 st Street.
9. That a 5 foot dedication is required for NE 1st Street and NE 1st Avenue together with a 4
foot dedication for the alley.
Landscaoe Plan:
Approve COA 2004-231 and associated landscape plan for Pineapple Grove Limited, based
on positive findings with respect to L:OR Section 4.6.16, subject to the' condition that all
landscape Technical Items are addressed and three (3) copies of the revised plans are
submitted.
Elevations:
Approve the COA and associated design elements for Pineapple Grove Limited, based on
positive findings with respect to LOR Section 4.6.18, subject to the following conditions:
1. That the color scheme be revised to provide more vibrant colors and that variations of color
schemes be provided to distinguish between units in accordance with direction by the
Historic Preservation Board.
2. That the sliding glass doors are changed to French doors.
Attachments:
. Appendix A
. Appendix B
. Appendix C
. Site Plan
. Architectural Elevations
. Landscape Plan
Report prepared by: Scott O. Pape, Senior Planner
15/21
"
. Appendix A
Page 1
APPENDIX A
CONCURRENCY FINDINGS
Pursuant to Section 3.1.1(8} Concurrency as defined pursuant to Objective B-2 of the
Land Use Element af the Camprehensive Plan must be met and a determination made
that the public facility needs of the requested land use and/ar develapment application
will nat exceed the ability of the City to fund and provide, or to require the provision of,
needed capital improvements far the follawing areas:
Water and Sewer:
With respect to water and sewer service, the following is noted:
}> Water service will be available to the site via lateral connection to a proposed 8" main
along the interior of the property from an existing 8" main along NE 1 st Street.
}> Sewer service exists to the site via an 8" sewer main located within the alley.
}> The location of existing and proposed fire hydrants must be noted on the engineering
plans and is attached as a site plan technical item.
Pursuant to the City's Comprehensive Plan, treatment capacity is available at the City's Water
Treatment Plant and the South Central County Waste Water Treatment Plant for the City at
build-out. Based upon the above, positive findings can be made with respect to these levels of
service standards.
Streets and Traffic:
The applicant submitted a traffic statement that indicates that the mixed use development will
generate a net of 1,439 average daily trips (144 p.m. peak trips) onto the surrounding streets
compared to generation of the existing uses. Notification has been received from the Palm
Beach County Traffic Division that the proposed development meets traffic concurrency. It is
noted that the traffic statement was based on a previous development proposal that included 50
multiple family dwelling units, 2,260 square feet of high turn-over restaurant. 6,450 square feet
of general office, and 8,000 square feet of general retail. The development proposal under
consideration has been scaled back in terms of the number of units. The commercial floor area
has been revised to increase the restaurant area and reduce the general retail and office floor
area. A technical item is attached that the traffic statement be revised accordingly.
The property is located within the Coastal Exception Areas of Palm Beach County and therefore
meets the Traffic Performance Standards of Palm Beach County with respect to. the residential
units. The subject property is located in the City's TCEA (Traffic Concurrency Exceptio.n Area),
which encompasses the CBD, CBD-RC. and OS SHAD zoning districts, as well as the West
Atlantic Avenue corridor. The TCEA was established in December, 1995 to aid in the
revitalization o.f downtown, with a purpose of reducing the adverse impacts of transportation
concurrency requirements on urban infill development and redevelopment. These revitalization
efforts are achieved by exempting development within the TCEA from the requirements of traffic
concurrency. A po.sitive finding can be made with respect to traffic concurrency.
Parks and Recreation Facilities:
The Open Space and Recreation Element of the Comprehensive Plan indicates in its conclusion
that "The Cify will have sufficient recreation facilities at build-out to meet the adopted
standards". A park impact fee is collected to offset any impacts that the project may have on
the City's recreational facilities. Pursuant to LDR Section 5.3.2, a park impact fee of $500.00
"
. Appendix A
Page 2
,per dwelling unit will be collected prior to issuance of a building permit for each unit. A total fee
of $19,500 will be required of this development for parks and recreation purposes.
Solid Waste:
Trash generated each year by the 39 residential units, 5,385 square feet of retail, 5,764 square
feet of office, and 4,868 square feet of restaurant will be 123.91 tons of solid waste per year.
Per the Solid Waste Authority, the trash generated by this proposal can be accommodated by
existing facilities. Therefore, a positive finding with respect to this level of service standard can
be made.
DrainaQe:
Preliminary drainage plans were submitted which indicate that drainage will be accommodated
via sheet flow to culverts that will direct stormwater to an exfiltration trench system. Based on
the above. positive findings with respect to this level of service standard can be made.
School Concurrency:
A concurrency application needs to be submitted to the School DistriCt of Palm Beach County.
A finding of concurrency needs to be submitted frClm the School District and is attached as a
technical item.
17/21
Appendix B
Page 1
APPENDIX B
STANDARDS FOR SITE PLAN ACTIONS
A. Building design, landscaping, and lighting (glare) shall be such that they do not
create unwarranted distractions or blockage of visibility as it pertains to traffic
circulation.
Not applicable
Meets intent of standard X
Does not meet intent
B, Separation of different forms of transportation shall be encouraged. This includes
pedestrians, bicyclists, and vehicles in a manner consistent with policies found under
Objectives 0-1 and 0-2 of the Transportation Element.
Not applicable
Meets intent of standard X
Does not meet intent
C. Open space enhancements as described in Policies found under Objective B-1 of the
Open Space and Recreation Element are appropriately addressed.
Not applicable X
Meets intent of standard
Does not meet intent
D. The City shall evaluate the effect that any street widening or traffic circulation
modification may have upon an existing neighborhood. If it is determined that the
widening or modification will be detrimental and result in a degradation of the
neighborhood, the project shall not be permitted.
Not applicable
Meets intent of standard X
Does not meet intent
E. Development of vacant land which is zoned for residential purposes shall be planned
in a manner which is consistent with adjacent development regardless of zoning
designations.
Not applicable
Meets intent of standard X
Does not meet intent
F. Property shall be developed or redeveloped in a manner so that the future use and
intensity are appropriate in terms of soil, topographic, and other applicable physical
considerations; complementary to adjacent land uses; and fulfills remaining land use
needs.
Not applicable
Meets intent of standard X
Does not meet intent
, Appendix B
Page 2
G. Redevelopment and the development of new land shall result in the provision of a
variety of housing types which shall continue to accommodate the diverse makeup of
the City's demographic profile, and meet the housing needs identified in the Housing
Element. This shall be accomplished through the implementation of policies under
Objective B-2 of the Housing Element.
Not applicable
Meets intent of standard X
Doe$ not meet intent
H. The City shall consider the effect that the proposal will have on the stability of nearby
neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation
patterns shall be reviewed in terms of their potential to negatively impact the safety,
habitability and stability of residential areas. If it is determined that a proposed
development will result in a degradation of any neighborhood, the project shall be
, modified accordingly or denied.
Not applicable
Meets intent of standard X
Does not meet intent
I. Development shall not be approved if traffic associated with such development would
create a new high accident location, or exacerbate an existing situation causing it to
become a high accident location, without such development taking actions to remedy
the accident situation.
Not applicable
Meets intent of standard X
Does not meet intent
J, Tot lots and recreational areas, serving children from toddler to teens, shall be a
feature of all new housing developments as part of the design to accommodate
households having a range of ages. This requirement may be waived or modified for
residential developments located in the downtown area, and for infill projects having
fewer than' 25 units.
Not applicable X
Meets intent of standard
Does not meet intent
19/21
. Appendix C
Pagel
Page 1
APPENDIX C
CRITERIA FOR GRANTING VARIANCES
Pursuant to Section 2.4.7(A)(5). the Historic Preservation Board must make the following
findings prior to granting a variance:
(A)
(B)
(C)
(0)
(E)
(F)
That special conditions and circumstances exist which are peculiar to the land, structure,
or building involved and which are not generally applicable to other lands, structures, or
buildings subject to the same zoning (The matter of economic hardship shall not
constitute a basis for the granting of a variance);
That literal interpretation of the regulations would deprive the applicant of rights
commonly enjoyed by other properties subject to the same zoning;
That the special conditions and circumstances have not resulted from actions of the
applicant;
That granting the variance will not confer into the applicant any special privilege that is
denied to other lands, structures. and buildings under the same zoning. Neither the
permitted, nor nonconforming use. of neighborhood lands, structures, or buildings under
the same zoning shall be considered grounds for the issuance of a variance;
That the reasons set forth in the variance petition justify the granting of the variance, and
that the variance is the minimum variance that will make possible the reasonable use of
the land, building, or structure; and.
That the granting of the variance will be in harmony with general purpose and intent of
existing regulations, will not be injurious to the neighborhood, or othelWise detrimental to
the public welfare.
Pursuant to Section 4.5,1(J), in acting on a variance requests the Board may also be guided by
the following as an alternative to the above criteria:
(1) That a variance is necessary to maintain the historic character of properly through
demonstrating that:
(a) A variance would not be contrary to the public interest, safety, or welfare.
(b) Special conditions and circumstances exist, because of the historic setting,
location, nature, or character of the land, structure, appurtenances, sign, or
building involved, which are not applicable to other lands, structures,
appurtenances, signs, or buildings in the same zoning district, which have not
been designated as historic sites or a historic district nor listed on the Local
Register of Historic Places.
(c) Literal interpretation of the provisions of existing ordinances would alter the
historic site to such an extent that it would not be feasible to preserve the historic
character, of the historic district or historic site.'
(d) The variance requested is the minimum necessary to preserve the historic
character of a historic site or a historic district.
(2) Or, as an alternative to Sub-Section (J)(1), that a variance is necessary to aCcommodate
an appropriate adaptive reuse of a structure within a Historic District or upon a Historic
Site through demonstrating that:
(a) A variance would not be contrary to the public interest, safety, or welfare.
(a) The variance would not significantly diminish the historic character of the Historic
District or Site
(b) That the variance requested is the minimum necessary to effect the adaptive
reuse of an existing structure or site.
. Appendix C
Page 2
(3) The Board shall otherwise follow procedures and impose conditions as required of the
Board of Adjustments.
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EXHIBIT B
SECTION 4.6.15 (C) (2)
,
(2) No building permit shall be issued for the construction of a family pool
"', unless there is clearly shown on the plans submitted to the City Building Official or on
other construction specifications submitted to the City Building Official provisions to
comply with this section
(D) Modification of Requirements by Commission:
(1) The City Commission may make modification in individual cases" upon a
showing of good cause with respect to the height, nature, or location of the fence, wall,
gates, or latches, or the necessity therefor, or may permit other protective devices or
structures in lieu thereof. In making these modifications or special exceptions, the City
Commission shall be governed by the following standards: The purpose of the fencing
requirement herein is to prevent small children from inadvertently wandering into family
swimming pools.
(2) The Commission realizes that there are locations within the city where an
unfenced family pool would not create an obvious hazard. In these areas where, due to
the nonexistence of a substantial number of small children, no obvious hazard exists,
the City Commission may grant modifications or special exceptions and may even
dispense with the requirement for fencing. All decisions \hall be conditional and
subject to revocation in the event circumstances or conditions change in the particular
location.
-'.
(E) Requirements not to Affect other Provisions, of Code: Although the
provisions of this section are limited in applicability, nothing contained herein shall
diminish or otherwise abate the applicability, force, and effect of provisions which allow
that a dangerous excavation in the earth may be considered a public nuisance under
certain circumstances or any ordinances regulating the construction, use. or
maintenance of swimming pools or family pools.
(F) Exemption for Commercial Pools; Insurance Required: All pools connected
with commercial ventures such as motels, and the like, within the city, and otherwise
guarded or under surveillance by competent and responsible personnel shall not be
covered by this Section. However, the owners of those operations shall be requirecl to
maintain adequate liability insurance policies covering those pools in an amount of not
less than $100,000 through $300,000 coverage, if they choose not to erect a protective
fence as described herein.
(G) Yard Encroachment:
(1) Swimming pools,the tops of which are no higher than grade level. may
extend into the rear or side setback area but to no closer than ten feet (10') to any
property line, except as provided in division (2) below. [Amd. Ord. 41-92 918/92, Amd.
~, Ord. 13-91 2/26/91]
4655
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, .
EXHIBIT C
J !IV:. SIlBERSTEIN ARCHITECT;
,
5612760585;
JAN-12-06 5:40PM;
PAGE 3/6
lo "....
::-----
i;~~;~)~~'"'~'"\"";.\^\':r'~,:"'/\;'.-' .</, ~.,~~.--,' \,~i,~+~ I ~ ~. \,~~~ ~~~..l;( .;:;"'/; <cJ,~i,'.,(,\~~;C:8\;,~:;;(~~1.~~t
The action before the Board is approval 'of COA-417, which incorporates the following
aspects of the development proposal for Marina Bay Townhomes (8 fee simple townhouse
units and 1 duplex structure) pursuant to LDR Section 2.4.5(F)
o Site Plan;
Q Landscape Plan; and
Q Architectural Elevations.
Q Demolition of contributing and noncontributing residential structures; and,
Q Waiver to the following requirement:
LOR Section 4.6.16(H)(3)(a) - A request to reduce the perimeter landscaping adjacent to the
interior street system on the west side of the property from 5' to 4'6".
a Variances to the following requirement:
LOR Section 4.3.4(K) and 4.6.15(G)(11(a) - A request to reduce the front and side building
and pool setbacks (described in further detail in the Variance Analysis section of this report).
The subject property is located on the west side of Marine Way, approximately 226' south of
SE 1st Avenue. The .98 acre site consists of Lots 8,9,10,11,12, and 19, a Subdivrsion of
Block 126, is within the Marina Historic District and is zoned RM (Medium Density
Residential). The site currently contains a multi-family development, which is located in
several buildings containing a total of 33 units. The structures are to be demolished as part
, of this development proposal.
Much of the area comprising the Marina Historic District was originally a tropical plant nursery
owned by the pioneering Blank family who migrated to Delray from Michigan in 1905. Many
of the beautiful trees in the district owe their beginnings to the Blank's Nursery. The
beginning date for building lots platted in Block 126 was 1925, which was shortly before the
Florida Land Boom ended in 1926 and virtually all new construction ceased. Therefore, with
the exception of only one or two structures, the earliest buildings in the Marina Historic
District date from the mid 1930s.
132 Marine WaY (Harbor Inn);
The City's records indicate the 0.164 acre site was developed between 1937 and 1938 as a
single-family residence. Sometime between 1938 and 1990 the site was converted into a
six-unit apartment, and the property was cited by the Code Enforcement Division. In 1992,
the building was converted back to two units.
iT ~V;. SILBERSTEIN ARCHITECT;
,
5612760585;
JAN.12-06 5:40PM;
PAGE 4/6
.--' SP-AA~ Staff Report
Class V Site Plan. Landscape Plan and Building Elevations for Marina Bay Townhomes.
Page 2
136 Marine Way (Harbor Vii/as):
The Cit}ls records indicate that Lot 12 (0.164 acres) was del/eloped in 1952 with a two-story
duplex and single story residence. Lot 19 (0.164 acres) was developed in 1952 as a two-
story duplex. In 1957 Lots 12 and 19, Block 126 were combined, thereby creating a 0.328
acre site known as the Portofina apartments. In 1968 a second floor addition was made to
the existing single story residence on Lot 12 to accommodate three rental units. There are
no records or building permits indicating the legal conversion of this structure to an
apartment.
The development proposal incorporates the following:
I:l Demolition of the noncontributing Harbor House apartment buildings.
I:l Construction of a 2-story and 3-story, 8-unit townhouse building with pools, gazebos and
gardens.
I:l Construction of a 2-story duplex structure with in-ground spas and gardens.
I:l Construction of an internal street system.
I:l Construction of a 4-space parking area, which will serve the duplex structure.
I:l Installation of landscaping, walkways and site lighting.
COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS:
Items Identified in the Land Development Regulations shall specifically be addressed
. by the body taking final action on the site and development application/request
LOR Section 4.3.4(Kl DeveloDment Standards Matrix:
The following table indicates that the proposal complies with LDR Section 4.3.4(K) as it
pertains to the RM zoning district:
See Variance Anal sis Below
Three Bedroom
1,250 sq.
ft.
40%
25%
2,870sq.ft.-
4,6105 .ft
35.4%
25.66%
NT.~V;,SIlBERSTEIN ARCHITECT;
5612760585;
JAN-12-06 5:41PM;
PAGE 5/6
,
'- . ~fl Staff Report
Class V Site Plan, Landscape Plan and Bu~ding Elevations for Marina Bay Townhomes.
Page 3
Variance Analvsis:
BUlldina Setbacks:
While the townhouse structure complies with the 25' front setback for the two-story portion
and 30' front setback for the three-story portion, the development proposal includes a
number of variance requests from LOR Section 4.3.4(K) and LDR Section 4.6.15(G)( 1 )(a) to
reduce the following setbacks:
135 SE"" Avenue
The front setback requirement is twenty-five feet (25'); the variances requested from the front
property line are as follows from north to south:
. Reduce the front setback to nine feet (9') for a distance of 6' to allow an in-ground spa to be
constructed.
. Reduce the front setback to twelve feet eight Inches (12'8") for a distance of 22' to allow the
duple~ to be constructed.
The north side interior setback requirement is fifteen feet (15'); the variances requested from the
north property line are as follows from west to east:
. Reduce the north side setback to ten feet (10') for a distance of 87' to allow the duplex to be
constructed;
. Reduce the north side setback to four feet (4') for a distance of 17' to allow a pergola type carport
to be constructed.
The south side interior setback requiremen1 is fifteen feet (15'); the variances requested from south
property line are as follows from west to east:
. Reduce the south side setback to ten feet (10') for a distance of 100' to allow the duplex to be
constructed;
. Reduce the south side setback to eight feet (8') for a distance of 18' to allow a pergola type
carport to be constructed.
The side interior pool setback is ten feet (10'); the variances requested from the north and south
property Ones are as follows:
. Reduce the north side setback to five feet (5') for a distance of 8' to allow an In-ground spa to be
constructed;
. Reduce the south side setback to three feet (3') for a distance of 4' to allow an in-ground spa to
be constructed;
124. 132 and 136 Marine Way (Harbor House Apartment$1
The front setback requirement is twenty-five feet (25'); the variances requested from the front
property line are as follows from north to south:
. Reduce the front setback to eight feet (8') for a distance of 25' to allow a pool and gazebo to be
constructed for the north townhouse unit;
. Reduce the front setback to ten feet (10') for a distance of 128' to allow 6 pools and 6 gazebos to
be constructed for 6 of the townhouse unlts;
NT.BY:, SILBERSTEIN ARCHITECT;
, .
.~ Staff Report
Class V Site Plan. Landscape Plan and Building Elevations for Marina Bay Townhomes.
Page 4
5612760585;
~)c"'\\~'T
JAN-12-0B 5:41PM;
?
PAGE 6/B
. Reduce the front setback to eight feet (8') for a distance of 25' to allow a pool and gazebo to be
constructed for the south townhouse unit.
The north and south side interior setback requirement is fifteen feet (15'): the variances requested
from the north and south property lines are as follows from west to east:
. Reduce the side setback to ten feet (10') for a distance of 65' to allow the townhouse units to be
constructed; .
. Reduce the side setback to zero feet (0') for a distance of 10' to allow a trellis to be constructed:
. Reduce the side setback to fil/e feet (?') to l!lIow'a gazebo to be constructed. .
, , .
The oliglriaL'project design was to provide a standard townhouse ~nd duplex development
with garage doors and parking located in the front yards. At staffs suggestion, the applicant
implemented a traditional neighborhood type of design tiy prol/iding garages and parking in
the rear, which accommodates a more pedestrian friendly streetscape. By providing this
design concept, the townhouse structure was separated in the middle to accommodate the
access drive, therefore the side setbacks were reduced accordingly. With relocation. of the
vehicular access to the rear, the courtyards with pools, which are standard for this type. of
development. were relocated to the front yard. If the pools were located in the rear of the
structure, a varianca would not be necessary. The proposed gazebos provide more ,variation
.-----to the front elevations and provide a nice entry feature.
With regard to the duplex structure, in order to provide a similar design as the townhouses
and provide a quality for sale product on a narrow parcel, the variances are supportable.
The requested variances appear to meet the required basis provided in Section 4.5.1(J),
regarding the preservation of historic ch::iracter and the adaptive reuse of the property (See
attached Appendix C).
LDR Section 4.4.6 RM Zone District:
Pursuant to LOR Section 4.4.6 (A) Purpose and Intent: The Medium DensitY
Residential (RM) District provides a residential zoning district with, flexible densities
having a base of six (6) units per acre and a maximum of twelve (12) units per acre.
The actual density of a particular RM development is based upon its ability to achieve
certain performance standards which are Intended to mitigate the impacts of the
Increased density and ensure that the project Is compatible with surrounding land
Uses. Further. the Medium Densi~ Residential District provides for Implementation of
those objectives and policies contained within the Housing Element of the
Comprehensive Plan which call for accommodating a variety of housing types.
LOR Section 4.4.6{1) Performance Standards:
1) Pursuant to. lOR Section 4.4.6(1)(1) These standards shall apply to all site plans
approved subsequent to October 7, 1997. and for modifications to existing
developments which Involve the creation of additional residential units.
In order to increase a project density beyond six (6) units per acre, the approving
body must make a finding that the development substantially complies with the
performance standards listed in this section. The Intent of the standards is to
FROM:
SUBJECT:
DA~V. HA
PA~L1 G, ECTOR OF PLANNING & ZONING
~~ONSON, P RKING MANAGEMENT SPECIALIST
MEETING OF FEBRUARY 7, 2006 - REGULAR AGENDA
REVIEW A REQUEST FROM CAFFE LUNA ROSA FOR THE EXPANSION
OF THEIR CURRENT VALET QUEUE AREA FROM FOUR (4) SPACES
TO SEVEN (7) SPACES
TO:
THRU:
Currently, the Caffe Luna Rosa valet queue, located on the south side of Atlantic Avenue between
Salina Avenue and Ocean Boulevard (SRA1A), is comprised of the four (4) westernmost spaces in the
parking tier (see attached aerial) and operates between the hours 11 :00 AM to 11 :00 PM seven days
per week. The remaining three (3) spaces on the block are reserved for official use (Delray Beach
Ocean Rescue - 2 spaces, and the Police Department - 1 space).
The recent opening of Shore Restaurant and heavy seasonal traffic is backing up the existing queuing
area and blocking the travel lane on Atlantic Avenue. In an attempt to mitigate this problem, the
applicant is requesting the expansion of the queuing area. The request is to incorporate the three
officially designated spaces into the queue which would require relocation of the officially designated
spaces.
Historically, the spaces on the north side of Atlantic Avenue generate approximately $30.00 to $40.00
per week per space totaling $5,460 per year (calculated at $35.00 per week). Valet queue parking
spaces are currently billed at $60.00 per space per month. The expansion of the queuing area would
generate $2,160 per year, resulting in a net decrease in revenue of $3,300.00 per year If the officially
designated spaces are relocated to the north side of Atlantic Avenue.
The request was considered by the Development Services Management Group and there was support
for the expansion of the queue for evening use after 5:00 or 6:00 PM. This expansion would allow the
spaces to be utilized by the Lifeguards and Police Department during the day. Lifeguards go off duty at
5:00 PM and the Police Department can make alternate arrangements in the evenings. Attached for
your review is a letter from Robert Taylor, Ocean Rescue Superintendent, opposing the use of the
spaces currently reserved for Ocean Rescue during the day. The Police Department has also voiced
strong opposition to the expansion of the queue during daytime hours.
The Parking Management Advisory Board, at its meeting of January 24, 2006, recommended approval
of the expansion of the valet queue during the full operating hours of the valet queue, (11 :00 AM
through 11 :00 PM seven days), in conjunction with the relocation of the officially designated spaces to
the three easternmost spaces on the north side of Atlantic Avenue.
By motion, approve the request from Caffe Luna Rosa to expand their existing valet parking queue from
four (4) to seven (7) spaces between the hours of 5:00 PM and closing.
Attachments: Letter from Ocean Rescue
Aerial Photo
%
Delray Beach Ocean Rescue
340 South Ocean Blvd. . Delrey Beach, Florida 33483. (561}243-7352 . FAX(561}243-7270
To: Scott Aronson -{~jg Management Specialist
Through: Joe weldt---"'6irector of Parks and Recreation
From: Bob Taylor - Ocean Rescue Superintendent
Subject: Lifeguard Parking
Date: December 1, 2005
The Ocean Rescue Division utilizes two parking spaces at the corner of AlA and Atlantic
Avenue for the parking needs of the Ocean Rescue OfficerEMT's stationed at Tower 8-1. These
parking spaces are needed because of the proximity to the lifeguard tower Sol, insuring the
timely arrival of the guards at 9:00am. More importantly, having the two parking spots allows
for the staff to regain their parking spot after lunch breaks during the middle of the day when
parking spots are at a premium. The two guards at Tower Sol are responsible for their own one
hour lunch breaks, and for tower 8-2 and N-l one hour lunch breaks and 15 minute afternoon
breaks each day. If the guards are delayed because the parking spots are no longer available, it
would delay other lunch breaks and cause a hardship for the daily operations of the Ocean
Rescue Division.
Robert Taylor
Ocean Rescue Su . ntendent
City of Del ray Beach
'( 1\ f: 2005
,,(
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"j '""
Daily Beach Conditions on the Wortd Wide Web: httD://_.dbor.ora
Email: oceanrescue@d.delray-beach.f1.us
8Pl
MYDELRAYBEACHCOM
City of Delray Beach
Administrative Services Memorandum
TO:
David T. Harden, City Manager
~bert A. Barcinski, Assistant City Manager
FROM:
SUBJECT:
Agenda Item City Commission Meeting February 7,2006
Approval of Request - Glory Awards 2006 Seed Money
DATE:
January S 1,2006
Action:
City Commission is requested to consider approval of a request received January 24th from
Edith Thompson, Executive Director Community Neighborhood Helping, Inc., to provide
$10,000 seed money for the 2006 Glory Awards to be paid back to the City once the County
funding is received.
Backflround:
Attached is correspondence received from Ms. Thompson requesting the $10,000 seed
money for the Glory A wards along with an event budget, letter of funding approval from
Palm Beach County Commissioner Addie L. Greene and Mary McCarty, and proof of tax
exempt status. Palm Beach County grants are approved on a reimbursement basis.
Commissioners approved a similar request last year for $8,000. The City received our
reimbursements for last year's funds on October 7, 2005. County funding approval for this
request will come from current fiscal years funding. The Glory A wards will be held on May
5th at 6:30 p.m. at Old School Square.
Recommendation:
Staff recommends consideration of approval for the request from Edith Thompson to provide
$10,000 in seed money for the Glory Awards 2006 to advance the County commitment for
funding.
RAB/tas
File:u:sweeney/agenda
Doc: Agenda Memo Glory Awards 2006
~~
\(11 /
r )
-------
/ \
Community Neighborhood Helping, Inc.
Programs That Touch Hearts in Delray Beach
P.O. Box 480014, Delray Beach, FL 33448 Phone: 561.255.2668 Fax: 561.255.2668 Emall: edilhmlhomson@aol.com
tiECEIVr=D
JM' 2 4 2006
CITY MANAGER
January 22, 2006
Mr. David Harden, City Manager
City of Delray Beach
100 NW 1st Avenue
Dalray Beach, FI. 33444
Re: Glory Awards
We are now in the planning and audition phase of the Fifth Annual Glory Awards. We are
thrilled to mention the Glory Award is growing. The Fifth Annual Glory Awards will present
opportunity to discover ande enjoy the goodnees and talent in our communities. We are praying
working, and rehearsding to share the heartwaming acts of kindness, and to capture the true
meaning of community. The Fifth Annual Glory Award will inspire anyone who believes in and
strives for a better, brighter tomorrow.
Pursuant to the advice and direction of the City Commissioners we request $10,000.00. The
requested funds will serve as project seed money. We anticipate reimbursement to the City of
Dalray Beavh by October2006, with grant funding approved by Palm Beach County Commissioners.
CNH is requesting that the COD would donation 5 Annoucement signs in 2006 Glory Awards. 2 on
Atlantic ave, 1 on Linton, 1 on Federal highway, 1 on Lake Ida Rd.
If You have any questiQn please contact Edith ThompSOn Al56t-255-"2668 (cell),
E-mail:edithmtomson@aol.com.
We are looking forward to seeing you at Fifth Annual Award.
Encl. (3)
Cc: (3)
File: (1)
'-
ADDIB L. GRBBNB
Commissioner. District VJ1
.
Palm Beach County
Board of County CommissioflerS
Governmental Center. 12'" Floor
301 North Olive Avenue
West Palm Beach. Florida 33401
(561) 355-2207
Fax: (561) 355-6332
south Office:
Southeast County Complex
345 CongresS Avenue
Delray Beach. Florida 33445
(561) 276-1350
Fax: (561) 276-1365
agreene@cO.palm-/JeaChjl.US
"An EqudI appornmiJY
A.lJfrmattve Action Employer"
October 20, 2005
Edith Thompson, Director
Community Neighborhood Helping, Inc.
P.O. Box 480014
Delray Beach, FL 33448
Re: Funding Approval "2006 Community Neighborhood Helping, Inc.
Programs"
Dear Ms. Thompson:
This is to serve as formal notification that I will contribute up to$5,000.00
from the District VII Recreation Assistance Program towards the Community
Neighborhood Helping, Inc. Programs:
As you know, this program operates on a reimbursement basis with certain
criteria as previously discussed. If you have any questions, or need further
assistance, please contact Gladys Whigham, my Administrative Assistant, at
561 276-1350. I am also providing a copy of this letter to Susan Yinger,
Grants Procurement Manager, who will initiate the contract agreement.
My continued best wishes to you in all of your endeavors.
Sincerely,
tw~ pC';J~
Addie L. Greene, County Commissioner
Palm Beach County Commission, District Vll
cc: Dennis Eshleman, Parks & Recreation Director
Susan Yinger; Grants ProcUrement/Contract Manager
p.o. Box 1989
West Palm Beach. PI. 33402.1989
(561) 355-2001
FAX: (561) 355-3990
www.pbcgov.com
.
Palm Beach County
BoanI uf County
Commissioners
lbny Masilotti. Chairman
Addie L. Greene. Vice Chairperson
Karen T. Marcus
Jeff Koons
\Yarren H. Newell
Mary McCarty
Burt Aaronson
Coanty ,."-Inhtrator
Robert Weisman
"An EqU4l Opportumty
AjJirm4t1v< """'" Employer"
July 11, 2005
Mrs. Edith Thompson
Community Neigborhood Helping, Inc.
3106 Cormoran Road
Delray Beach, 3444
~
Dear rs.
p
This t acknowledge your request for $5,000 from the District IV
Recre on Assistance Program (RAP) Fund to assist with the costs for
the 2006 Glory Awards event honoring various individuals and/or
organizations for their contributions to the community.
I would be pleased to contribute $5,000 from the upcoming fiscal year
(2005-06) budget since I have completely exhausted my funds for the
current fiscal year. This, of course, is contingent on the funds being
budgeted and approved by the Board of County Commissioners. Since
this has been very successful program, I hal/e every reason to beliel/e that
is will be continued. I will be in contact with you in October to confirm this
allocation.
If you have any questions, please don't hesitate to contact me at 561-276-
1220.
cc: Susan Yinger
Parks and Recreation Department
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Iti INUIUIA\.. REVENUE SERVICE
... P. 0_ BOll: ~S08
. CINCINNATI. OH <5201
FESlf_
DEPAATMENT OF THE TREASURY
C~ITY NEIG~BORHOOD H~LPING
INC
J10~ =RlfOllANT RD
OELRAY BEACH, FL 33444
Employ.r Xden~ific~tion Number:
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DUI,
110S33)l05~OJ1
Cont.a.Ct pc:rG,on:
NANCY L STUERENBERG 101 31428
contact T.lephonc N~~e~.
(817) 8)9-5500
Atcoun~1n9 Period Ending;
December )l
FO~M 9'0 R8qu1rea:
Y.,~
Addendum Applies,
No
D..t.e~
o..~ Applica.nt~
~ase~ on information supplied. and assuming your o~r~c1on~ ul11 ~ ~6
stated in yQur app1ication for recognition of exemption, we have determined
you Are exempt f~om tederal income tax under ftec~ion 501(a) of the Internal
Rev~ntl~ Code aa an organixatioo d.8C~ibed in Qect.ion 501(cl I])
We hav~ further det.~~it\~d t.hat you are ~~ot 6 privll'te !oundat ;..vl": ",..i thi:-:.
t.he me.ning of 5ection 509t*) of Che Code. bcc.~.e you .~e an O~9an~t.t1Qn
de.eribed in seedORS SOHal (1) and 110 Cblll) (AI.(v11 -
It yo~r ~ource5 of support. or yo~~ pu~poe~., cbaraet~r; or method of
operation change, ple.se let uS kno~ 80 W~ can eODsider the effect ot the
change on yg\,lJ; exempt st.tus and fO\lndati,.on st.&tus. In th~ case of an ~(qenda
-~nt eo your org.ni%ational ~n~ or bylaw~, please send u~ 3 copy of th~
&~nd.e11 6.oc\lRtCnt (llt" bylaw.. Alllc. 'you ,bould ill-forret u. of all changaE in roux
name or a~drc88.
AR of January 1. 1'84. you are liable fOr taxes ~nd~r th~ Federal
Insurance Contributions ~t (social .ecurity tax..) on re$Uneration of $100.
or MOxe you p.y to each of your employees during a c.l.nd.r year. Yo~ are
nO~ liable for the tax imposed under the Federal Un~mpIQym.n~ Tax Act (FOTA).
Since yo~ .re no~ a private foundation, you ~re not subj~ct to the ~~ciQe
taxe~ under Ch&p~er 42 of tbQ code. Ho~ver, if y~~ are involved in an excel'
benefit tranaaction. that tr&nsaccion Might b$ subject to the excis~ ~8Xe& of
&oc~ion 4,S8. ~i~ionally. you are not Automatic~lly ex~mpt [rom o~he~
federal ~xci.a taX9G. It you h~ve any queationa about exci$~. employm<<o~. or
other fe6er_l ~.xe., pleae. contact your koy dictrict office.
.;,
Grantors and cont~ibutor. ~y rely on this d~~ermln~tjon unl~&S ~ht
Inter~1 kevenue S.rvice publlGbeQ notice to che contra~y. Ko~ver. ~f you
loge your G~ctiop ~og(a) \11 ~t~tu., & grantor O~ c~nt~ibucor m~y ~O~ rely
on thi~ deto~inatiCn if h~ o~ ~he ~a~ in part r~sponsible for, or wa$ av.~~
of. che a~t or ~.ilure to act, or the subee.ntlal or material change on ~he
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part of ~ha organi~atloD t~t re~u~ted in your lOGG or ~ucb .t.~U.f or if
~h. .cquir~d knowledge that tne In~~rnal Revenue tervice bad given oct ice
you would nO long~r be classified as A .action 509(a, (1) organizAtion.
he! or
t.hat
Donor5 ~y deduct contr1bution~ to you .R provided in section 170 or the
Code. beque~tB. legaciee, dcvi~e~1 transfers, or gifte to you or tor your UGe
.~e d~ductible for [.der.l es~ate and gift ta~ pu~po.e8 if ~hey meet the
.e.pplicab18 proviflions of Code sactiono 2955. .2-10'. ..nd 2522.
contribution deduc~lonQ &r~ &11ow~ble to donorB only to che ex~en~ that
~heir contrib\l.tiona a.X'e gifts, ",ith he consld.eration recce:ived.. Ticket pur-
ehases and s1~lar p~yment. in conjunction with fundrai6lng evenC8 m~y not
D~ce~R~rily qualify a~ dedu~ibl~ contributions. d&ponding on ~he circ~-
utances_ see Reven~e R~ling 67-~.6, publ~ah~d in cumula~1ve aullatin 1'67-2.
on p~ge 104, which aets forth guidelines regQrding th~ deduetibility. a~ chAri-
~able ~o~tributionG. of paymcnb, made by taxpayere (or admiSsion co or o~hcr
partlcipactoo. in fundrai~in~ activiti~& (or ch.~iLy.
J:n ~he bt!.ding of thie letter ~ hflva indtC;:At:.e.d whet.her you mu,t file Form
'90. Return of organi~.t1on B~.mp~ From Income Tax. If y~~ is indiG~ted. you
.~e ~equi~od to t1~e Form 990 only if your gross ~Bc.ipta ~.C~ ye~r .r~
nor~lly InQrlll!!: t.han $25,000. Ho"'ev6r, i[ you rac..lve ~ Form 990 pack.;uJt!: 1n t.he
~il. pleA~~ fila the r6~u~ oven it you 60 not ~~eed the 9ro~e x~ceiptD test..
If YOU are not requir.d to file, .inply .ttach the l~l provided, check the
box in the h~adin9 to indicate that your ~nnual 9ro~c receip~. are nor~lly
$2S~OOO or Ie... .qd sign tb. ~.turn.
If a raturn 15 ~.qu1red. it .ust ~ filed by th~ 15th day of the fifth
nonth .t~er the vnd of your annu.l accountinv p~riod_ ~ pcn<<lty of $20 a day
is charged when a ~~Urn i~ f11.~ late, unl~ms there i~ ~ea~on.ble c.u~~ for
the delay_ nov.v.r, tha ~Axl~um p~nalty ch.~~d CAnnot e~CBftd ~lO.OOO or
5 percent of your gro,. receipts fo~ the year, whichftvcr i, left.. cor
org:a.nir::a.tion. wit.h..gros, .receiptts ~xcoedll\g $1. ooo~ 000 in a.ny yeat... the pen...lty
i8 $100 pex dAy per x.turn. unle~v ther~ ~~ re.CQnAbl~ cau;e for th~ delay.
.~he ~ximu~ penalty for an or9.ni~&tion with 9roGa rcceipt.~ ex~ecdin9
$l.OOO,OOQ shall not ~xceed $50.000, ~hia penalty may alao be charged if a
return 1s not c~lote, so be ~ure.your recurn iD complete befQre yoU file 1t.
You ere requiru~ to .ak. your ~u.l info~~.tion rccurn, ~orm '90 or
l'0r1\\ 9JO-U. avaU"J,h fo.- public in.p"ct~on for thr.. y...tt .ft"r thO lour
of the due d.te of cb~ r.turn o~ the d.~e tbe r~curn 1. tiled- you are a180
requ1ra6 ~o ~ke ~v~i1able fbr.publl~ tnaptctlon your exemption ~pp11~.tiO^.
any supporting document.s. and yo~r exemption letter. COpi~H of tnece
document a are alao required to be p~ovidad to .n~ individu&l upon wri~~en or in
person ~eque~t ~ithou~ ch&rge other than reaoonable fees tor copying .nd
PQct:age _ You M.Y fulfill t.his re.quire.mc:nt~y pl..cing theee d.ocument. on th.
Int~rpet~ pcna1ti~. may be impoeed [or f.ilura to.comply w!th these
require~nts. ~ditional inform$~ion i~ av.i~ ~-
T~x-Ex~~t St&tu& for ~our o.vanization, or
numb.r ah.ovn abov.. "
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COMMuNITY NEIGHBORHOOD HELPING
YOU are DOC r~qu1red to file r~4eral income tax ~@turna unlesl you are
8ubject to the tax QQ unrolated buai~.. inco~ UQ4er seCtion S~l o! the Cod..
If yo~ are subject to this ~~. you muat fil~ &n income tax_return on Form
990-T~ Exempt OrgaRi&*tlon Busine&~ Inc~ Tak Re(u~n. In ~his let~er we are
no~ dG~~~inin9 vheth.r ant of your pr~&@nt or proposed activitie5 ar~ unr~-
l.ted tr.d. O~ bu.in... .. dafin.d in ..ction $l~ of th. Code.
You nood an eMployer i~"t1'lc.tion n~er c~en if you h.vc no .mploy~e..
It an employer ldentl!lcatlon n~r waa no~ ent~red on your appllc.~1Qn. _
nUmber will b. agaign.d to you .nd yo~ will be advi$ed of it. Plcaae UGe c~t
numbor On all return. you file and in all co~rc.pond~nc~ with the Int4rnal
Re'<enue Service_
Thte d.te.nnj.natlon 111 ~~~d on evidence: that your funds arel dediclilt'id
to th~ purpoBc, listed in section SO~Cc) ()) of the code. To &s_ure your
continued exemption, you should keep record. to ~how th~t fund5 ar~ expended
only tor tho.. p"rpoa.G_ I! you d18C~lbut. [~nd. to othe~ organizat~ons. your
~qcordv ~hould ~how ~.ther ~hey .re ~~.mp~ under ~.ccion SOl (c. (3). tIt Ca&e8
where the recipient organi1ation is no~ ax~~ under nectlDn 5~1{c) ()I. ~hcX~
ahould be evidence th.~ the funda ~ill remain dedic<<tcd to the rCQulr~d
purpo&QS and ~hat they w1ll b. ~c.d Cor chORe purpo~es by th~ recipient.
If d15tributlon. .re ~QC to individual.. c_ue hi.~orle8 r4g&rding ~hc
reclpien~s .hould be kept sh~lng'nA~.. a~dre'$e.. purpoaes of awards. ~nn~r
of 5electton, rel~~lonahip (if any) to meMber~, officer.. c~.teea O~ donorB of
foud. to you, ao tha~ any And all di.t~ibutlon. ~d~ to individuals can be
s~tanti.~ed upon requc.~ by the XnternalRev~nue S.rvic.. (R9vonVe Rulin9
56-)04. C.B. 1956-2, page lOG;)
If we .......v~ Ind.ic~~e.d 1n. ~he h..d1ng of th11 lGtter that ~n addendum
applic&, the ~loSGd .ddendu. iu an integral p.rc of thi. l.t~~r.
BC~.VGe thi. letter could help r..olve any que~~ione about your exempt
st.tU$ and foundA~ion .t.~u.. you ebould keep" it in your perM~nent r~co~d~.
If you.have any quest~ona. pl~~.e contact the per.on whose n.me and
"elephone nUOlber arc shown in the head1"!l of t;hlo letter_
$inoer.~y YOura,
.~ ?11~
Stev~n T. Mill~r
Dir~ctor. Exe~t Or9~"i~.tlons
-,
~tter 947 loO/CGI
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TOTR. P.04
MEMORANDUM
FROM:
MAYOR AND CI1Y COMMISSIONERS
CI1Y MANAGER tJJ1l\
AGENDA ITEM <is) - REGULAR MEETING OF FEBRUARY 7. 2006
FUNDING REOUEST IS.D. SPADY ELEMENTARY SCHOOL
TO:
SUBJECT:
DATE:
FEBRUARY 3, 2006
Attached is a letter from Mr. Kurt J. Clark, Chorus Director, S.D. Spady Elementary School
requesting financial support from the City for nine (9) fourth and fifth gnde students who have been
selected to travel to Charleston, West Virginia on February 21, 2006 to sing with the American Choral
Directors Association Southern Division Honor Choir.
Funding in the amount of$l,BOO is available from 001-1111-511-4B.10.
Staff recommends consideration of this request with the amount to be determined by the
Commission.
S,\Gty Cletk\agenda memos\Furuling Req""".Spady_0207.06
[ITY DF DELRAY BEA[H
DElRAY BEACH
~
All-America City
, III ~(!
100 N,W 1st AVENUE
DELHAY BEACH FLORIDA 33444
561/243-7000
MEMORANDUM
1993 TO:
2001
FROM:
David T. Harden
City Manager
V ttYR obert A. Barcinski
P Assistant City Manager
DATE:
February 1,2006
SUBJECT:
Al!enda Item City Commission Meetinl! Februarv 7. 2006
Fundinl! Request - S.D. Spadv Elementarv Chorus
ACTION
City Commission is requested to consider a request to provide funding for the S.D. Spady
Elementary School Chorus for their trip to Charleston, West Virginia on February 21" to sing
with the American Coral Directors Association Southern Division Honor Choir.
BACKGROUND
Attached are letters received from Mr. Kurt Clark the Chorus Director seeking financial support
from the City for the Choir's trip to West Virginia. Although a specific amount has not been
requested Mr. Clark has indicated that the cost per child for the trip is $1,500. The City
Commission Special Event account contingency balance is $1,800. It has been requested that
Lisa Clark be allowed to speak on behalf of the chorus director, parents and students.
RECOMMENDATION
Staff recommends consideration of this request with amount to be determined by Commission.
Funding of$I,800 is available in account number 001-1111-511-48.10.
RAB/tas
File:u:sweeney/agenda
Doc: Agenda Item Funding Request SD Spady Elementary Chorus
@ Printed on Recycled Paper
THE EFFORT ALWAYS MATTERS
S. D. SPADY ELEMENTARY MONTESSORI MAGNET
321 N. W. 10th Avenue - Delray Beach, FL 33444
(561) 243-1558 Fax: (561) 243-1540
Martha K. O'Hare
Princioal
Susan Beck Bradley Henry
Montessori Maf!net Coordinator Assistant Princioal
January 31, 2006
Mayor Jeff Perlman
City Manager David T. Harden
The S. D. Spady Chorus would like to thank the City of Del ray
for the grant of $2500.00 in 2004 for our trip to Carnegie Hall.
The S. D. Spady Elementary School Chorus is again requesting
the financial assistance of the City of Del ray Beach.
Nine S. D. Spady Elementary Chorus students will be traveling
to Charleston, West Virginia on February 21,2006 to sing with
the American Choral Directors Association Southern Division
Honor Choir.
The approximate cost is $1500.00 per student and chaperone.
I have included with this cover letter, a detailed letter, and
several copies of the Carnegie Hall CD for your listening
enjoyment.
We would like to request that Lisa Clark be added to the
agenda for Tuesday, February 7, 2006 to speak on behalf of
Mr. Clark, the chorus director, and the parents and students
attending the Southern Division Honor Choir Concert.
Sinc~re~
K~Clark
Chorus Director
S. D. SPADY ELEMENTARY MONTESSORI MAGNET
901 NW 3,d Street - Delray Beach, FL 33444
(561) 454-7800 Fax: (561) 454-7801
Martha K. O'Hare
PrinciDal
Susan Beck
Montessori MarIne! Coordinator
Bradley Henry
Assistant PrinciDal
January 31,2006
Mayor Jeff Perlman,
City Manager David 1. Harden
Through your generous support, the S. D. Spady Elementary Chorus
performed at Carnegie Hall in New York in 2004. Last year four gifted
singers from the S. D. Spady Elementary Chorus auditioned and were
selected from a group of thousands of applicants nationwide to participate
in the 2004-2005 American Choral (Directors Association (ACDA) National
Children's Honor Choir in Los Angeles, California.
This year nine fourth and fifth grade S. D. Spady Elementary students
were selected to sing with the American Choral Directors Association
(ACDA) Southern Division Children's Honor Choir. The students will
travel to Charleston, West Virginia on February 22, 2006 to rehearse
with 220 of the finest voices from the southern states. They will
rehearse with a guest conductor for three days and culminate their
trip with a performance in the Maier Foundation Performance Hall.
The approximate cost for each student to attend to the ACDA Southern
Division Convention, including travel, meals, registration, and lodging is
$1500.00.
We will be honored if you choose to support the Spady Chorus as we set
and achieve our goals to perform at our best in a national forum. We are
proud of our accomplishments and the positive affect our performances
have upon our school and community. We hope that you will continue to
generously assist us as we strive toward our next incredible achievements!
Sincere~
K1rf/clark
Chorus Director
561-445-7826 - lJ
MEMORANDUM
TO:
MAYOR AND CITY COMMISSIONERS
FROM:
CITY MANAGER
AGENDA ITEM # ~~ - REGULAR MEETING OF FEBRUARY 7. 2006
ADDITIONAL REOUESTS/DELRAY BEACH FILM FESTIVAL
SUBJECT:
DATE:
FEBRUARY 3, 2006
This item is before the City Commission to consider approval of the additional requests regarding a
surfing contest to be held on March 11, 2006 and golf tournament during the Delray Beach Film Festival
to be held on March to, 2006. Attached is a detailed memo from Mr. Barcinski, Assistant City Manager
providing background infonnation and staff recommendations regarding this event.
SICily Clerk/agenda memos/llikay Beach Film Festival 020706
.~
[ITY DF DELRAY BEA[H
DELRAY BEACH
~
All-America City
, IUlc!
100 NW 1st AV[hJUE
OELRAY BEACH. FLORIDA 33444
.
561/243-7000
MEMORANDUM
1993 TO:
2001
David T. Harden
City Manager
FROM: ~obert A. Barcinski
Assistant City Manager
DATE: February 3,2006
SUBJECT: Al!enda Item City Commission Meetinl! February 7. 2006
Additional Requests - Delray Beach Film Festival
ACTION
City Commission is requested to consider a request received from Mr. Michael Posner to conduct
a surfing contest on the south end of the beach across from Anchor Park to be held on March 11,
2006 from 8:00 a.m. to 2:00 p.m. Commission is also being requested to permit the festival to
hold a golf tournament at the Municipal Golf Course on March the 10'h and to grant a temporary
use permit per LDR's Section 2.4.6 (H) for the closure of NW 1" Street from Swinton to the
north/south alley west of Swinton from 9:00 p.m. until II :00 p.m. for the opening night Gala to
be held on March 8" at Dada's.
BACKGROUND
Attached are requests received from Mr. Posner to hold a surfing contest at the south end of the
beach across from Anchor Park on Saturday March 11" from 8:00 a.m. to 2:00 p.m. and to hold a
golf tournament at our golf course on Friday March 10". These events will occur during his
Delray Beach Film Festival.
On Saturday March II" the South Florida Lymphomathon has received approval to conduct their
annual fund-raising walk. They have use of Anchor Park and the parking lot. Although the
surfing contest would not interfere with the walk-a-thon there would be no parking. Mr. Posner
has agreed to park contestants at Atlantic Dunes and shuttle them at his expense to the contest
site. He also requests the use of at least a portion of the Atlantic Dunes Park at no cost. His less
favorable alternative is to use Atlantic Dunes Park for the entire event including parking.
It is the City policy not to allow daytime golf tournaments at the Municipal Golf Course from
November through April. Commission would need to give approval for use of the course for the
proposed golf tournament on March 10".
The street closure is requested to allow room for overflow for the Gala being held on Wednesday
night at Dada's There will be a band playing outside on Dada's property. Barricades could be
left at the site with the event sponsor putting them in place and removing them.
* Printed on Recycled Paper
THE EFFORT ALWAYS MATTERS
9E
There would be no additional costs to the City for these additional requests or overtime
requirements.
RECOMMENDATION
Staff recommends consideration of approval as follows:
I. Surfinl! Contest: Allow the contest to be held at the south end of the beach across from
Anchor Park with parking to be allowed in the north lot at Atlantic Dunes Park. Mr.
Posner would be required to provide shuttle service.
2. Gotf Tournament: Waive policy and allow the tournament to be held at the Municipal
Course on Friday March lOth (details to be worked out with Golf Course staff).
3. Be required to provide the City a certificate of insurance and hold harmless agreement by
March 4th.
4. Approve temporary use permit for the closure of NW I" Street from Swinton to the
north/south alley just west of Swinton from 9:00 p.m. to II :00 p.m. on March 8th.
Barricades to be left to the side of the street during regular work hours and to put in place
and set back to the side of the street when the event ends at II :00 p.m. by the event
sponsor.
5. Required that the event sponsor hire private security to ensure attendees do not leave
barricaded area with alcoholic beverages and provide copy of Dada's State permit for
extending boundaries of their premises for the event.
RAB/tas
Fi/e:u:sweeney/agenda
Doc: Agenda Item AdditiolUll Request Delay Beach Film Festival
01/19/2006 13:00
5618651947
MICHAEL POSNER
PAGE 01
delray beach
film festival
/tEet;
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January 31,2006
Dear Bob
It was a pleasure meeting with you this morning. As you may well know, we
are planning a 5 day "Delray Experience" for both filmmakers and film goers.
Our opening night party will be at DaDa. It will start at approx 930pm. We hal/e
scheduled a reggae band to play until 11pm, The party should be over by
midnight. We would love to close the side street adjacent to DaDa for the
overflow from the party. Your help in making this happen will be greatly
appreciated.
On Friday the 10t", we are trying to run a celebrity golf tournament at the
Delray Beach public golf course.
Saturday March 11th, waves permitting, we would like to run our celebrity pro
surfing contest_ If there are waves at the dunes, I don't mind running the
contest there. However, the waves are usually much better at south end_ If
need be, we will run a shuttle of people from the dunes parking lot to south
end. This way our event will not impact the parking for the walkathon. I hope
this will make both our lives easier.
T~~U help and assistance
Michael Posner
Page I of2
Weldon, Joseph
From: MADDOC48@aol.com
Sent: Wednesday, January 04, 20069:44 AM
To: Weldon, Joseph
SUbject: dbff
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,
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belebrity
surfing contest
Date sat March II th
Time 8 arn until 2pm weather permitting
Alternate date if there are no waves is Sunday march 12th
Sponsors: red bull, Quiksilver, Hurley, Globe, IWS, Boca surf and sail, ESM magazine,
Glaceau Vitarnin water
As a highlight of our 5 day FF we are looking to have a celebrity/pro surfing contest. We will have 3
days of surfing lessons given free to film makers followed by a c/p contest on sat.
We will have media coverage from all the major surfing publications and local newspapers.
We would like to offer the sponsors the ability to put their logoslbanners up on the grassy area on the
west side of the beach.
We would like to hold the contest at "south end" first choice or at the "dunes"
2nd choice.
Celebs so far: we will have well known announcer from LA and Miami "Barn Barn" Carlos, emceeing
the event. There will be lots of coverage for Delray beach.
Scott Wolf, Jennifer Love Hewitt, Seth Green, Marissa Miller, Scott Devole ....
Plus there are numerous film makers, not actors that have agreed to surf.
Michael Posner
Festival Director and Founder
About The Delray Beach Film Festival
The DBFF is a non-profit organization SOl c3,dedicated to providing the local community and international
visitors with a diverse presentation of films from around the world. Including a venue of Student Shorts and
Xtreme sports.
In addition to offering films that might not otherwise be released theatrically in the USA, DBFF will provide a
unique cultural experience, educational programs, and forums for exploring the future of cinema. Founding
sponsors for the Delray Beach Film Festival are committed to providing the independent film makers I ARTIST
a venue to screen their films and to network with other film makers and industry people. Profits will be
shared between the Palm Beach County Humane society and the new Atlantic HS Media department.
For more information please visit:
www.delraybeachfilmfestival.com
hi joe can we set up a meeting for tomorrow am
*** eSafe scanned this email for malicious content ***
1/19/2006
MEMORANDUM
TO:
MAYOR AND CITY COMMISSIONERS
SUBJECT:
CITY MANAGER
AGENDA ITEM # C\ ~ - REGULAR MEETING OF FEBRUARY 7. 2006
SPECIAL EVENT REOUEST / ASIAN FOOD FAIR AND CULTURAL SHOW
FROM:
DATE:
FEBRUARY 3, 2006
lbis item is before the City Commission to consider approval of the 3'" Annual Asian Food Fair and
Cultural Show to be held on March 18 and 19, 2006 sponsored by the Bangladesh Association of Florida.
Attached is a detailed memo from Mr. Barcinski, Assistant City Manager providing background
information and staff recommendations regarding this event.
SiCily Clerk/agencb memosl Asian Food Fm 03)706
Ok
'1'
uz
[ITY DF DElRAY BEA[H
DElRAY BEACH
~
All-America City
, , II ~(!
101: NVV l~;l AVENUE
DELRAY BEACH, FLORIDA 33444
561/243-7000
MEMORANDUM
FROM:
David T. Harden
City Manager
<;&tRobert A. Barcinski
W ~ssistant City Manager
1993 TO:
2001
DATE:
January 31, 2006
SUBJECT:
A!!enda Item City Commission Meelin!! February 7. 2006
Soecial Event Reauest - Asian Food Fair and Cultural Show
ACTION
City Commission is requested to consider approval of the 3'd Asian Food Fair and Cultural Show
being held in Delray Beach sponsored by the Bangladesh Association of Florida which is
proposed to be held on March 18th and 19th, 2006 on the grounds at Old School Square and in the
Old School Square parking lot from 10:00 a.m. to 10:00 p.m. Commission is also requested to
grant a temporary use permit per LDR's section 2.3.6 (h) for the closure and use of NE I"
Avenue north of the grounds of Old School Square to NE I" Street and the Old School Square
parking lot, City Hall parking lot and to authorize staff support for traffic control and security,
site clean up and trash removal, EMS assistance, and event signage.
BACKGROUND
Attached is an event permit along with a letter request from Mohammed Emran, President,
Bangladesh Association of Florida for this event proposed to be held March 18th and 19th on the
grounds of Old School Square and in the Old School Square parking lot.
The site would be fenced and there will be an admission charge. No alcoholic beverages will be
sold. Mr. Emran is requesting City staff support for security and traffic control, EMS services,
clean up and trash removal, and event signage. He is also requesting that the City obtain the use
of the County parking garage.
The purpose of this festival is to celebrate Asian and Pacific American Heritage and promote
cultural diversity.
The estimated staff overtime costs for the event are $11,400 with an additional estimate of $450
for event signage and barricade rental and $230 to man the parking garage. The event sponsor
does have a 501 (c) (3) designation. Per our event policies the event sponsor will be required to
pay $3,255 for overtime costs and signage and $230 for parking lot costs for a total of $3,485.
~~
@ Printed on RecyclNI Papel
THE EFFORT ALWAYS MATTERS
Subject: Agenda Item City Commission Meeting February 7, 2006
Asian Food Fair and Cultural Show
Page #2
An event budget and site plan is attached. I have redrawn in red the boundaries of the event site.
The budget presented does not include costs for City services. Old School Square has given
approval for the event pending approval by the City. A hold harmless agreement and certificate
of insurance have been provided.
RECOMMENDATION
Staff recommends approval of the event, the temporary use permit, staff support as requested,
signage, and authorization for staff to obtain an agreement for use of the County parking gara~e
with the event sponsor paying manning costs. Signage would be put up no earlier than March 8 .
This recommendation is given with the following conditions:
I. The City be provided with a certificate of liability insurance from the amusement ride
operator prior to the event.
2. The City be provided with a copy of the State inspection certificate for amusement rides
prior to operating any such rides.
RAB/tas
Cc: Peggy Murphy
File:u:sweeneylevents
Doc: Agenda Item Asian Food Fair 2006
1104 HATTERAS CIRCLE, WEST PALlI BEACH, FLORIDA, U.S.A. 33413. PHONES: (561) 351.5019 (954) 87~1411 FAX: (561) 686-1128.
Festival committee:
Mohammed Ernran
Chairman
561-351-5019
MD M Rahman Zahl
Co-Chairman
561-876-2255
Iil!I!D!!lI!l!l
Secretary General
954-873-1411
A B M Gulam Mustafa
Cultural Chairman
954-249-1033
~
Finance Chairman
954-803-3944
Ferdous Chowdhur
Magazine Chairman
561-281-4935
~
Stall Chairman
954-415-2716
Osman Chowdhury Apu
Advertisement Chairman
954-304-0655
~
Publicity Chairman
954-421-5142
Anf Ahmed Ashraf
Fund Raising Chairman
561-985-3162
mm:mI!Ill
AudioNideo Chairman
561-502-7770
Akthar Chowdhur
Media Chairman
561-574-0499
Hablbur Rahman
Discipline Chairman
954-401-9612
hsan Habib Tlpu
Stage & Decoration
561-827-6950
Eftaker Hossain Rlnku
Reception Chairman
561-502-6323
Serajullslam Talukda
Technical Chairman
561-929-2583
Mohammed ASI
Web Master Chairman
305-491-1281
Jalllr Ahmed Jewel
Coordination Chairman
561-685-5608
Robert A. Barcinski
Assistant City Manager
City of Delray Beach, FL
Sub: Asian Food Fair & Cu~ural Show 2006
March 18111_19111 Saturday & Sunday, 2006
To:
Dear Mr. Barcinski,
The Bangladesh Association of Florida and the Asian Cultural Council have reserved
at the Old School Square Entertainment pavilion and ground for the 13111 Asian Food Fair &
Cultural Show 2006, to be held Saturday, March 18111 & Sunday, March 19111, 2006 from 11:00
AM -6:00 PM on Saturday and 11 AM to 10 PM on Sunday.
We are asking that the City of Delray Beach support this event, as it promotes the
cultural and ethical diversity of this community and the surrounding area, and provides an
opportunity to raise funds for the Bangladesh Association of Florida as a non-profit
organization. Whenever the community people need help Bangladesh Assoc. of Florida
comes forward to help the as much as possible.
The festival is organized to celebrate the Asian and the Pacific American Heritage
and promotes cu~ural diversity in the community. The Asian Fair presents shows, dance,
music, exotic ethnic foods, arts, and crafts. The fair will be attended by thousands of people
and organization representing; Bangladesh, India, Pakistan, Japan, Myanmar, Thailand,
Korea, China, Philippines, Vietnam, Israel, the Middle East, and many other Asian Counties
will participate in the Asian Food Fair.
The event site will be enclosed as there will be an admission charge. No alcoholic
beverages will be served during this event. Estimated attendance is approximately 2000 per
day.
The Assoc. requests the following support staff and services from the city of Delray Beach:
./ Endorsement of this event by the City of Delray Beach
./ CRA Block 76 parking lot will be fenced during the Asian Food Fair
./ Police support staff as required by the Delray Beach Police Department
./ Emergency Medical Technicians as required by the Delray Beach Fire Department.
./ Signs announcing the event to be placed at West Atlantic Ave., North and South
Federal Highways
./ Event parking sings and barricades as necessary to direct event traffic
./ Department of Park & Recreation to provide trash disposals, liners, and trash removal
at the end of each day. Site maintenance during event hours.
./ Use of all city, all county, all court house including garage parking lot
The Bangladesh Assoc. of Florida requests that this event be scheduled before the City
Commission at your earliest convenience. If you have any questions, or need additional
information, please contact me at (561) 351-5019. Thank you very much for your
consideration and support.
~~
Mohammed Emran, Chairman
Asian Food Fair
~'1IOVN'lfVII ^.lI0
- \ ~"" r'-'€'-C:;"<./
\l\JUG 0 '., N~r
a3^13~3~
Rana Ho ue, Secretary
(954) 873-1411
(
-( . '.
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City of Delray Beach
Special Event Permit
Application
DElRAY BEACH
~
A1l-Amer1ca City
" II J!
1993
2001
EI/ent Date(s):
PLEASE PRINT
ASfA~ foQj)
I~lf f Iq1l1. MCl-vt.~ c'2oo~
Event Time(s): ~ - J O.oD /'<-vA \0 St<.s. ieJ-
v6Lt-h 10. DO ^ 1M To 10.00 evn
Event Sponsor/Producer: .8~ LA~ ff 1'\>9 N. o-{ ~I..A
Event ContacUCoordinator: Me> ~/VI-'f]) eM e.f'rtJ
Name: !.I\otf-A--MLtt]) lEV4~
Address: I(OU HeLtlw-~ c.t(2.
Telephone Number: 5'~I- c.~~-~Ly.'l Cellular Number:
E-mail Address: A(liot1-CQ. pz*-,... e. aol. (:0 rn
-P"ro V'II'to ASt....l'l- A~uic.AA
f'Alf. Cu/...1"lA~ S~ B..DO~
EI/ent NamefTitle:
TfII<?-. J.
h f")€...
~~~
k ~lo _;)~5j
5'10 Gel \
S'b/-3s/- ~61'f
Event Location ~escribe area boundaries of evenUlocation):
--ii;~S;;E~;_ ~~~p;:~ I~~.~I~ ,.:e
Site plan attached yes
(Site plan required for entire event site)
v
no
Event budget attached yes
(Required for all events)
Serving or selling alcoholic beverages yes no V
(If yes, copy of license and a/coho/liability insurance required two (2) weeks prior
to event)
v
no
1
Event certificate of insurance attached yes no V
(Required two (2) weeks prior to event naming the City as additional insured, also
required for vendors)
Playing of amplified music
(Waiver required)
yes
v
no
Requesting Police assistance
(traffic control/security)
yes
v
no
Will supplement with private security
(If yes, need plan attached)
Requesting Emergency Medical assistance yes V
Requesting barricade assistance yes V
Requesting trash removal/clean up assistance yes V
yes
no V"
no
no
no
yes V
Requesting stage use yes ~
(If yes, check type) ~
large stage covered 0 Large stage no cove~-?, Small stage 0
Halfsmall staVl.soN~ ?- eVm ,P~KI~a Sil-"l-1, 1+((.hd.:~C~f~.EVw>-vf
Requesting signage \f~doy fo.-tl<,,'c1 %lVl~ no
Type: Event sign V Directional signs V
Banner hanging V- Indicate dates required V
(Waiver required if more than one (1) week prior to event)
Requesting trash boxes and liners
no
no
.c;;r
Food and bel/erage vendors
If yes, approximate number
Health Department approval
~t,
yes ~
no
yes
V'
V
no
Other vendors
yes
no
Tents yes ~ no
(If yes, tent permits and fire inspections maybe needed)
Will the el/ent include amusement rides yes V no
(If yes, type and location and copy of liability insurance required)
Will the event be gated yes V no
(Show on-site map)
2
Will there be fireworks or other pyrotechnics yes
(If yes, contact Fire Marshall)
no V
Will there be cooking with compressed gas
(If yes, contact Fire Marshall)
yes
v
no
Will you be prol/iding port-a-Iets for the event yes no
(If yes, locate on-site map. If no, indicate how you will handle restroom
needs)
v
Is reserved parking requested
(If yes, indicate locations)
yes V
;.o~ f....... ~lS"
yes V
no
Will there be a charge for the event
(If yes, indicate ticket prices)
no
~8-.
Event ContractorlCoordinator
Please print: f'-4--{,~W ~
OJ- (/ - JOd.r-
Date
Please enclose the appropriate non-refundable application fee payable to the
City of Delray Beach, 100 NW. 1st Avenue, Delray Beach, Florida 33444.
.
For Staff Use OnJy/11 I ,_
Date Received :5 J h D)
/.?/.:1ID~
Application fee receil/ed $ I be>
Site map
Budget /
Certificate of insurance .Y-"
Hold Harmless agreement v
Security plan
Waiver alcoholic beverage
Railroad approval
Coast Guard approval
501c(3) or (d) certificate or letter ~
Health Department approval
Fire Inspector approval
Police Department approval
Public Works approval
Parks and Recreation approval
City Commission approval
.?-
3
..
~1~~ ~iD roo~ fair aItmI ~ow ~
i_.,.'....~_>"<'t
1- i;t;.. .!",1104 HATTERAS CIRCLE, WEST PALM BEACH, FLORIDA, U.S.A. 33413. PHONES: (561) 351-5019 (954) 873-1411 FAX: (561) 686-1128.
~%:.':>;,\~,:~~..~
Festival committee:
Mohammed Emran
Chainnan
561-351-5019
IDIIlIBl!!lIIl
Co-Chainnan
954-873-1411
Advocate Zatl1r Uddlll
Secretary General
561-876-2255
A.S M Gulam Mustafa
Cultural Chainnan
954-249-1033
.-
Communication & Media
Chainnan
954-803-3944
Ferclous Chowdhury
Magazine Chainnan
561-281-4935
~
Stell Chainnan
954-415-2716
Osman Chowdhury Apu
Advertlsemem Chainnan
754-235-0787
-
Publicity Chainnan
954-421-5142
...
Stege & Decoration
Chainnan
954-274-1485
Anwar Hossain
Discipline & Security
Chainnan
954-486-3515
SeraJullslamTalukde
Reception Chainnan
954-235-255
lImB
Bangladesh Stell Chainnan
954-347-1399
Coordination Chainnan
954-401-9612
Mohammed Ashraf Uddin
Fund Raisi!l9 Chainnan
--
Finance Chainnan
~
Audio, Video &
~nnan
Coordination Chainnan
954-401-9612
Asian Food Fair & Cultural Show 2006
March 18th and 19th
Budget Projections:
Incomes:-
Admission 3000x5
Advertise/Sponsors
Aid/Donation
Vendor
Total
Expenses:-
=15000 Site rental = 4830
= 9000 Insurance = 1000
20000 Fencing = 3400
= 6000 Tent =12000
50000 Magazine = 4000
Children Activities = 4200
Performer = 2500
Donations = 5000
Volunteer Hospitality = 500
Advertisement = 3000
Scholarship = 1300
Printing = 1800
Accounting = 500
Total 44030
Difference:- $5970
The above is the estimated expenses for the Asian Food Fair and
Cultural Show, at most cases the actual expense is higher than
the estimated expenses. H need any more information please
don't hesitate to call Mohammed Emran at (561) 351-5019.
~./~~A:::::~ ~~7f; ,. 6m,.J5 .,11
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AGENDA ITEM NUMBER:
~
AGENDA REOUEST
Request to be placed on:
Date: February I. 2006
---X- Regular Agenda _ Special Agenda _ Workshop Agenda
When: February 7. 2006
Description of agenda item:
City Commission is requested to consider a request to provide funding for the S.D. Spady
Elementary School Chorus for their trip to Charleston, West Virginia on February 21" to sing
with the American Coral Directors Association Southern Division Honor Choir.
ORDINANCE/RESOLUTION REQUIRED:
Draft Attached:
YES
YES
NO
NO
Recommendation:
Staff recommends consideration of this request with amount to be determined by Commission.
Funding of$I,800 is available in account number 001-1111-5 -48.10.
Department Head Signature: . alii I () ~
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: Q (.J:J:: No
Funding alternatives:
(if applicable)
Account Description:
CJOI- ///;-'3>1/ -<-/3./ D
<[; p{.V a.J /J vecd S--
$2 000
,
Account Number:
Account Balance:
City Manager Review:
Approved for agenda@----ttt4-- No
I
Hold Until: '
Agenda Coordinator Review:
Received:
Action:
Approved
Disapproved
P.O. #
MEMORANDUM
TO:
MAYOR AND CI1Y COMMISSIONERS
FROM:
CI1Y MANAGER
AGENDA ITEM # <1. \h- - REGULAR MEETING OF FEBRUARY 7. 2006
SPECIAL EVENT REOUEST /SAINT PATRICK'S DAY PARADE
SUBJECT:
DATE:
FEBRUARY 3, 2006
1bis item is before the City Commission to consider approval of the Saint Patrick's Day Parade to be
held on March 11, 2006. Attached is a detailed memo from Mr. Barcinski, Assistant City Manager
providing background information and staff recommendations regarding this event.
s/Gty Clerk/agenda memos/Saint Patrick', Day Par.ode 020706
()f<
oM
MYDELRAYBEACH.COM
City of Delray Beach
Administrative Services Memorandum
TO:
David T. Harden, City Manager
FROM:
~obert A. Barcinski, Assistant City Manager
SUBJECT:
Agenda Item City Commission Meeting February 7,2006
Special Event Approval- Saint Patrick's Day Parade
DATE:
January 31, 2006
Action:
City Commission is requested to approve a request to conduct the 38th Annual Saint Patrick's
Day Parade proposed to be held on Saturday, March 11,2006 beginning with set up at noon,
parade starts at 2:00 p.m. and ending at approximately 3:30 p.m., and to grant a temporary
use permit per LDR's Section 2.3.6(H) for the use of Atlantic Avenue from Venetian Drive
to the County Courthouse for the parade and Venetian Drive and Gleason Street for staging
of parade entries. Commission is also being requested to approve staff support for traffic
control and security, barricading, trash removal, assistance in obtaining the FDOT permit,
use and set up of half of the small stage, and to allow event signage to be put up 10 days prior
to the event.
Backflround:
Attached is a special event application, site plan and budget received from Edward Gallagher
on behalf of the St. Patrick's Day Events, Inc. Commission is requested to approve the
parade and provide staff support for traffic control and security, clean up, stage set up and
removal, barricading, assistance in preparing the FDOT permit and to allow event signage to
be installed 10 days prior to the event. The parade will start at 2:00 p.m. and end
approximately 3:30 p.m. Venetian Drive and Gleason Street will be utilized to stage the
parade entries and we would close these streets by noon. Estimated overtime for the event is
$5,100, and the barricade rental costs $450 for a total of $5,550. Per event policies and
procedures the event sponsor will be required to pay approximately $2, I 00. Also attached is
a memorandum from Lt. Williams, from January 2000 outlining other conditions and
suggestions that should be required as have been the last five (5) years. The parade
organizers concur with these conditions. Staff is also recommending that the parade end on
NW I st Avenue just as the Holiday Parade does. As of this date the event sponsor had not
obtained a sponsorship from a newspaper but they are pursuing the Palm Beach Post.
<1~
Recommendation:
Staff recommends approval of the event request, the temporary use permit, and providing
staff support as requested with the following conditions:
I. All conditions contained in Lt. Williams January 20, 2000 memo are met.
2. The event sponsors provide the City with the required liability insurance and hold
hannless agreement by March I st.
3. Event signage not to be put up any earlier than March 1,2006.
4. Parade end at NW I st Avenue versus the South County Courthouse.
RAB/tas
Attachment
File:u:sweeney/events
Doc:Agenda Item Saint Patrick's Day Parade 2006
City of Delray Beach
Special Event Permit
Application
flE.L~': 8~A~1j (}..):> (:' c
b:ezf C C (:;'t--
fill p Oi;).;~~-1:~~I)J (' z,;
@ -1()'
."
1993 ~:t;.,
2001
Event ApprovedlDenied
Approved/Denied by
PLEASE PRINT
Date of Approval/Denial
Title
1.
2.
3.
4.
. 5.
6.
7.
8.
Event NamelTitle: c;;r.
Event Date(s): 3)1106
I /
-P47f:. f C K'">
") f> /YJ
MY
,
fl/i<.~
Event Time(s):
Event Sponsor/Producer:
Event Contact/Coordinator:
Address: /I)j' AI
Telephone Number: ;2- '13 CO 6 !
E-mail Address:~/o.1l
Event Descriptioi/n'
1<i"' C'> 4e.. -4 6,.~
~VJ
1 INC.
. Nr:-J-
9.
(If neighborhood block party, then please skip questions #10-35 and go to
question #36)
Sponsor Category: (please check) City 0 Non-Profit/Charitable ~rivate 0
Co- Sponsor - Non-Profit/Private 0
(If Non-profit attach proof of 501c(3), c(4), c(6), c(10) or c(19))
Event Loc~n/Address: / i
t:t.LLlWTlC /{V" ~ v",",..vl.-~n~ \-..? ~ CtJ~t-/M'>c--
./
Site plan attached: yes V no
(Site plan required for entire event sIte) ../
Event budget attached: yes no
(Required for all events) /
Serving or selling alcoholic beverages: yes v" no
(If yes, copy of license and alcohol liability insurance required two (2) weeks prior
to event)
Event certificate of insurance attached: yes no .-/
(Required two (2) weeks prior to event naming the City as additional insured, also
required for vendors) ~
Playing of amplified music: yes no
(Waiver required) /'
Requesting Police assistance: yes no
(Traffic control/security)
10.
12.
13.
14.
15.
16.
1
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
"?A2I\&c. ~~b -Q. h4P Lo:>'~ ~ ~/4.,.nq-......Jlw"l
. ..........u: a.-tD". I"'cyt" .c.-- t2oJl..t-e. .
Will supplement with private security: yes V no
(If yes, need plan attached)
Requesting Emergency Medical assistance: yes V no
Requesting barricade assistance : yes V~ no
Requesting trash removal/clean up assistance: yes i/ no
Requesting trash boxes and liners: yes V, no
Requesting stage use: yes V no
(If yes, check type) ~
Large stage covered Large stage no coveC)f"small stagej Half small
stage 0 lC.'KZD'
Requesting signa yes V
Type: Event sig Directional signs
Banner hanging Indicate dates required
(Waiver required if more than one (1) week prior to eVjV1t)
Food and beverage vendors: yes V no
If yes, please provide the approximate number, as well as the name,
address, and contact phone number of each vendor which is due no later
than one week prior to the event
no
no
no
no
/
V
28.
Health Department approval: (see attached) yes
Other vendors: yes
Tents: yes V
(If yes, tent permits and fire inspections maybe needed)
Will the event include amusement rides? requiring state approval? v"
yes no
(If yes, type and location and copy of liability insurance required)(Also,
please provide the name, address and contact phone number for each
amusement provider along with copies of their liability insurance)
/'
no
/
V
29.
Will the event be gated?
(Show on-site map)
Will there be fireworks or other pyrotechnics? yes
(If yes, contact Fire Marshall)
Will there be cooking with compressed gas? yes
(If yes, contact Fire Marshall) /
Will you be providing port-a-Iets for the event? yes no
(If yes, locate on-site map. If no, indicate how you will handle restroom
needs) /"
Will there be a charge for the event? yes no /
(If yes, indicate ticket prices) ~
Is reserved parking requested? yes no
(If yes, indicate locations)
yes
30.
no
v
v/
31.
no
32.
33.
34.
2
35. Nei hborhood Block Parties Hei hborhood block arties onl
. Is event sponsored by the Homeowner's Association? yes_ no
(If not, then individual(s) submitting permit application must also submit a
petition signed by 51% of the homeowners who live on the block)
. Please note the following:1) Approvals will only be given for a one (1)
block area 2) Permit applications must be received in writing by the City
Manager's Office at least thirty (30) days prior to the event.3)
Consumption or sale of alcohol on City rights-of-way will not be
permitted.4) Structures other than barricades are not allowed in City
rights-of-way.5) Homeowners Association will be required to pay all
overtime costs that may be incurred as a result of City staff involved in the
event.
;tl(
Event Contractorl
Please print: E-
#.
IV/I'//~
Date I
Please enclose the appropriate non-refundable application fee payable to the City of
Delray Beach, 100 N.W. 1st Avenue, Delray Beach, Florida 33444.
For Staff Use On/lt
Date Received
Site map
Budget ~
Certificate of insurance
Hold Harmless agreement
Security plan
Waiver alcoholic beverage
Railroad approval
Coast Guard approval
501c(3) or (d) certificate or letter
Health Department approval
Fire Inspector approval
Police Department approval
Public Works approval
Parks and Recreation approval
City Commission approval
/
V
$ )()1).
Application fee received _
3
ST. PATRICK'S DAY EVENTS, INC.
118 N.E. 16th STREET
DELRAY BEACH, FLORIDA 33444
TEL & FAX 561 243 0069
PROJECTED INCOME/EXPENse FOR 2006 PARADE
INCOME
EXPENSE
$14,000 - $20,000
Dpt of State Filing $ 61.25
Bank Fees $ 50.00
Cammilucci Signs/Adv $ 150.00
Plastridge Insur. $ 1,500.00
P. Bch Pipe & Drum $ 600.00
Police Pipe & Drum $ 600.00
Accounting $ 770.00
Legal $ 222,50
Golf Tournament $ 3,228.00
City of Delray Fees $ 100.00
500 Lbs of ice $ 250.00
City stage rental $ 0.00
Tent rental $ 750.00
Security & cleanup
(City of Delray Beach)
Ft. Laud. Highland
Bob's Barricades
FI . Dept of Rev.
$ 2,400.00
$ 750.00
$ 165.00
$ 300.00
$11,896.75
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DELRAY DEACIi POLleE DEPARTMENT
MEMORANDUM
-'
-'
'fo:
Mr Robect Barcinski
As: istaut City Manager
1icltenaritGcoffWilliams .~/
SpI cial Operations SectiOl1 W
}mnary 20, 2000 .
SUBJECT: ST. :PATRICK'S DAY PARAJ)E
.. FROM:
DATE:
\.
Below is a list oflhe police department's requests and suggestiOIl3 fur a safer St. Plltrick'sDay
parade_
1. Parnde marsh lIs;
. OrgaJ:Ji.=s sh< .uld provide twenty marshals to monitor p3.(ll.de participants and enforce
restrictioDS_
· Marshals shoull not b~ peTrnitte(['to consume alcohol prior to or d~ the parade_
· Marsh<tls need'J) be informed of the rules fOT the par.ule l\lld trained in what to do if the rules
are broken._
.. 1bey need to Ie identifiable. Marshals should be c10tlJed in 1\ brightly coloredT-s~ (day
glow) with the Nords "PARADE MARSHAL" printed on the front and back.
.. They need to b: trained in how to lim; up the floats, marChers, etc., in the staging areas and
how to get Olein onto E. Atlantic Avenue in n tiniely nmnner in order to keep the gaps to a
mWlllUID. -
· Two marsb.als need to be assigned to assist the officers posted at E. Atlanti? Ave_ and the
FECRR to help with clearing people from Ole tracks as trains approach.
2. Alcohol license extensions;
.., The city should not grant any alcohol license exiensions.
3. Floats;
.. Float operators need to be givcn a list of parade rules and held accountable fox their
enforcement.
.. All parade parti< :ipants nccd to travel to the terminus located at the courthouse.
· Absolutely no acohol will be permitted on any float. It is a violation ofF.S. 316.1936 WIDen
states "It is un]awfui and punishable...fur any person to possess an open container of an
alcoholic beven ge while operating It vehicle in the state or while a passenger in or on It
vehicle being 0 )erated in the state." According to our legal advisor, Kathy KozoI, tbis
"
f
-'
..l12888 16:25
56124'36232
,
DELRAV !lEAa-J PU..lCE
PAGE 83/83
,
2
prohibition do ~s exte.ud to 1Jaile.tS being drawn by 'any vehicle. This can be enfurced by the
officers wewi1!i?ve.;do.Wlllown <;arly. They can inspect each floaVvehicle participating in the
parade_ Thc:e wilIprobably have to be a clause in the float permits whereby ,the
operator:l!owo ~rs agr~ to perollt full inspection by the Delray Beach Police Departmenl
.. No .items at ali I>houid bepermilied to be thrown from any float, vehicle or by IlIlY person
pnrti.cipating D: the parade. There is no problem with walking' participants handing oilt items
such as eandy, bats, etc. _ .,
-.
4_ .Vendol'll:
.. No vendor shl,uld be pennitted to sell Silly String or sinillar itero, noise.roakers mown as
Snaps or PQPP ~n; or any other type of exploding Or pyrotechnic deVice. Nor should they be
permitted to ~ 1 any item truit is the facsimile of any weapon,
\
5. Crowd Contn 1:
.. We would like to utilize the French barricades to assist us with crowd control in the 200-300
blocks ofE. At .antic Ave.
Should you have al:y questions J can be reached at X-7885_
GRW/grw
ee: capjiun Ma:k Davis
.0>
I,
MEMORANDUM
TO:
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER~
AGENDA ITEM # Cft\- - REGULAR MEETING OF FEBRUARY 7.2006
GRANT AWARD FOR HOUSING REHABILITATION CONTRACT
SUBJECT:
DATE:
FEBRUARY 3, 2006
This is before the Commission to consider approval of the following housing rehabilitation contract:
. $24,050.25 to South Florida Construction for 314 N.W. 5th Avenue
Staff recommends this award to the verified second lowest responsive bidder due to contractor non-
performance.
Funding for the total amount of $24,050.25 is available from 118-1924-554-49.19 (State Housing
Initiatives Partnership (SHIP) Program/Housing Rehabilitation).
Recommend approval of the housing rehabilitation grant/contract award as outlined above.
& \City Cle'k\agenda memos\CDBG HowU>g Rehab Aw"d 020706
MEMORANDUM
TO:
David Harden, City Manager
FROM:
Ferline F. Mesidort, C.D. Specialist
Kendra W. Graham, C. D. Administrator J ~ (" A
Lula Butler, Community Improvement Dir::torW 1" /
THRU:
DATE:
January 26, 2006
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 second 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 responsive bidder, as a result of a formal bid process. Therefore, an
in-house policy was created to limit awards to the lowest responsive 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.
In addition, the in-house policy allows the City to award rehabilitation contracts to another responsive
bidder in the event that the lowest responsive bidder's performance on the current job is proceeding
unsatisfactorily and/or the contractor has more than three (3) open projects at any given time.
RECOMMENDA nON
Staff recommends awarding the bid for one (I) Housing Rehabilitation project(s) to the verified second
lowest responsive bidder(s) due to contractor non-performance and authorize award in the following
amount.
CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION
HOUSING REHABILITATION PROGRAM
BID/QUOTATION INFORMATION SHEET
BID/QUOTATION #: N/A
APPLICANT: Clara Darsaw
PROJECT ADDRESS: 314 NW 5th Avenue
DATE OF BID lETTERS: 07/14/05
DATE OF BID OPENING: 07/28/05
GENERAL CONTRACTORS BID AMOUNT
Abisset Corporation
Cordoba Construction Co., Inc.
Henry Haywood
South Florida Construction
Sun Band Builders Construction
Tommy Preston
J. Mosca Builders, LLC.
$22,905.00
$24,853.00
$22,100.00
ROOFERS
Horizon Roofing
Petito Roofing
Roofing Team Inc.
Wrights Way Roofing
In-House Estimate
$19,127.90
CONTRACTOR AWARDED CONTRACT:
ISouth Florida Construction
BID/CONTRACT AMOUNT:
Contingency 5%
$22,905.00
1,145.25
$24,050.25
FUNDING SOURCE:
State Housing Initiatives Partnership
Account #118-1924-554-49.19
COMMENTS: Second lowest bidder awarded project due to lowest bidder's nonperformance of
current work.
S:renpgrm/biddocs/bidinfosheet
Agenda Item No.: <i\t
AGENDA REQUEST
Request to be on:
egular Agenda
_ peCIa Agenda
_ Workshop Agenda
_ Consent Agenda
Date: January 26, 2006
When: February 7, 2006
Descriotion of item: (who. what. where. how much):
Case Number Address Contractor
Grant Amount
04-031
1314 NW 5th Avenue
I South Florida Construction I $ 24,050.25
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 $24,050.25.
SHIP Total: $ 24,050.25
Account Number: 118-1924-554-49.19
Department Head Signature:
(y'A-<jLAv~ , ~~ -
I I
-::..
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: G~o {)::i
Funding Alternatives:, (if applicable)
Account No. & Description: HCJ),{5;r?~_ t:e~~d7J'j, /-t<. DrD---..-
Account Balance: ~/ 7 <) h ( 7 2-;'
,
City Manager Review:
Approved for Agenda:
Hold Until:
~O [I'M
,
Agenda Coordinator Review:
Received:
Placed on Agenda:
"
MEMORANDUM
TO:
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGE~
SUBJECT:
AGENDA ITEM # 9.1 - REGULAR MEETING OF FEBRUARY 7. 2006
GRANT FUNDING REOUEST /PALM BEACH COUNTY
INTERNATIONAL FILM FESTIVAL
DATE:
FEBRUARY 6, 2006
The attached Item 9.1, Grant Fundinlf Request/Palm Beach County International Film
Festival, is being PULLED (postponed) from the February 7, 2006 City Commission Agenda.
s: \City Clerk\agenda memos\Palm Beach County International Fihn Festival 020706
DELRAY BEACH
~
Ail-America City
" , II ~!
~ITY DF DELIAY IEA[H
100 N.W. 1st AVENUE
DELRAY BEACH, FLORIDA 33444
.
561/243-7000
MEMORANDUM
1993 TO:
2001
David T. Harden
City Manager
FROM: rJ& Robert A. Barcinski
Assistant City Manager
DATE: February 2,2006
SUBJECT:
Al!enda Item City Commission Meennl! February 7, 2006
Grant Fuuding Request - Palm Beach Couuty International Film Festival
ACTION
City Commission is requested to authorize the Mayor to submit a funding request to County
Commissioner Mary McCarty in the amount of $38,012 from the District N Recreation
Assistance Program fund to assist with the costs of hotel rooms for the Palm Beach County
International Film Festival.
BACKGROUND
The Palm Beach County International Film Festival will be held April 18th through the 30th. This
year the Delray Beach Marriott is the host hotel. Although management of the Marriott gave a
considerable break on room costs this amount exceeds the Film Festival budget per room. The
rate given by the Marriott is $185 per room night plus tax. This rate also includes commissions
required to be paid. The standard rate for this time of year is $249 plus tax. The Film
Commission budget for room costs is $99. Approximately 400 room nights are needed. The
difference between the rate proposed and budgeted rate for all room nights is $38,012.
This request is to pay for the room rate difference. This grant program is set up on a reimbursable
basis therefore the City would have to front end the amount of the grant.
RECOMMENDATION
Staff recommends approval of the authorization to request a grant in the amount of$38,012 from
County Commissioner Mary McCarty from the District N Recreation Assistance Program to
assist with the costs of hotel rooms for the Palm Beach County Film Festival and to approve the
advance of funds until the grant is received.
RAB/tas
File:u:sweeneylagenda
Doc: Agenda Item Grant Funding Request PBC Filin Festival
* Printed on Recycfed Paper
THE EFFORT ALWAYS MATTERS
qr:
[ITY DF DElRRY
,#+'";w........,..",..
/4' ~'''''\
\ )
/'
"'....""''''''~
561/243-7000
JI;" '.
y' .t
BER~~ ~
.....d.~"".."'..,;,.""1'A~~,"".',.;,H
DElRAY BEACH
~
All-America City
, , III !ebrnMY 2, 2006
100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444
1993
2001
Mary McCarty
Commissioner, District IV
Palm Beach County Commission
P.O. Box 1989
West Palm Beach, FL 33402
Re: Funding Request - District IV Recreation Assistance Program
Palm Beach County Film Festival 2006
Dear Commissioner ~~~
On behalf of the City of Delray Beach I am requesting funding in the amount of$38,012
from the District IV Recreation Assistance Program Fund.
. The purpose of this request is to help pay for the room rate difference between the quoted
rate by the Delray Beach Marriott and the amount budgeted by the Film Commission per
night. The approximate number of room nights needed at the Marriott between April 18th
and the 30th, 2006 is 400.
If you have any questions please call or e-mail me.
cc: City Commission
David T. Harden
Robert A. Barcinski
File:u:sweeney/commiss
Doc: Ltr to Mary McCarty re Funding Request PBC Film Festival
* Printed on Recycled Paper
THE EFFORT ALWAYS MATTERS
ok'
tfM
[ITY DF DELRAY BEA[H
DELRAY BEACH
lC') i'J VI!, 1st ;,,\,'U~U[
DELl1!\Y BE/\CH, F-LOHIDA 33444
561/243-7000
r "" I! ^
..........
All-America City
"lIt~
MEMORANDUM
1993 TO:
2001
FROM:
David T. Harden
City Manager
~ Robert A. Barcinski
Assistant City Manager
DATE:
February 2, 2006
SUBJECT:
Ae:enda Item City Commission Meetine: Februarv 7. 2006
Grant Funding Request - Palm Beach Couuty International Film Festival
ACTION
City Commission is requested to authorize the Mayor to submit a funding request to County
Commissioner Mary McCarty in the amount of $38,012 from the District IV Recreation
Assistance Program fund to assist with the costs of hotel rooms for the Palm Beach County
International Film Festival.
BACKGROUND
The Palm Beach County International Film Festival will be held April 18th through the 30th. This
year the Delray Beach Marriott is the host hotel. Although management of the Marriott gave a
considerable break on room costs this amount exceeds the Film Festival budget per room. The
rate given by the Marriott is $185 per room night plus tax. This rate also includes commissions
required to be paid. The standard rate for this time of year is $249 plus tax. The Film
Commission budget for room costs is $99. Approximately 400 room nights are needed. The
difference between the rate proposed and budgeted rate for all room nights is $38,012.
This request is to pay for the room rate difference. This grant program is set up on a reimbursable
basis therefore the City would have to front end the amount of the grant.
RECOMMENDATION
Staff recommends approval of the authorization to request a grant in the amount of $38,012 from
County Commissioner Mary McCarty from the District IV Recreation Assistance Program to
assist with the costs of hotel rooms for the Palm Beach County Film Festival and to approve the
advance of funds until the grant is received.
RAB/tas
File:u:sweeney/agenda
Doc: Agenda Item Grant Funding Request PBC Film Festival
@ Printed on Recycled Paper
THE EFFORT ALWAYS MATTERS
C$:
DELRAY BEACH
reo. 0 ~
b.8.d
All-America City
, , II J !ebru&y 2, 2006
[ITY DF DELRRY BER[H
100 N,W. 1st AVENUE
DELRAY BEACH. FLORIDA 33444
561/243-7000
1993
2001
M&y McCarty
Commissioner, District IV
Palm Beach County Commission
P.O. Box 1989
West Palm Beach, FL 33402
Re: Funding Request - District IV Recreation Assistance Program
Palm Beach County Film Festival 2006
Dear Commissioner ~~~
On behalf of the City of Delray Beach I am requesting funding in the amount of$38,012
from the District IV Recreation Assistance Program Fund.
The purpose of this request is to help pay for the room rate difference between the quoted
rate by the Delray Beach Marriott and the amount budgeted by the Film Commission per
night. The approximate number of room nights needed at the Marriott between April 18th
and the 30th, 2006 is 400.
If you have any questions please call or e-mail me.
ce: City Commission
David T. Harden
Robert A. Barcinski
File:u:sweeney/commiss
Doc: Ltr to Mary McCarty re Funding Request PBC Film Festival
* Printed on Recycled Paper
THE EFFORT ALWAYS MATTERS
01(
.....CM
[IT' DF DELRA' BEA[H
CITY ATTORNEY'S OFFICE
200 'IW hl AVE'IUL 'IlLLRAV Hb\CH. FLORIDA 3.1444
ITI.FPI[OI\E- 56l1~-H-7()(jO. FACSlrYHLE: .:'i61/278-4755
DELRA Y BEACH
, l () . I " ^
D.8.I:tI
Ail-America City
Writer's Direct Line: 561/243-7091
" II ~! DATE:
MEMORANOUM
January 24, 2006
1993
2001
TO:
FROM:
City Commission
David Harden, City Manager
~~
Brian Shutt, Assistant City Attorney
SUBJECT: Authorization for Leibowitz & Associates to file comments on the
FCC's Notice of Proposed Rulemakina reaardina the Preemption of
Local Government Authoritv as it Relates to Franchisina
The FCC has issued a notice of proposed rulemaking that seeks comment and
input on what can be done to ensure that local franchising authorities do not
unreasonably refuse to award cable franchises to competitive entrants.
Certain cable and telephone companies are asserting that local franchising
authorities impede competition and therefore, the ability of local gOl/ernments to
issue franchises for cable service should be preempted.
lIa Feld, Esq., of Leibowitz & Associates is filing comments on behalf of other local
franchising authorities pointing out the positil/e benefit that local franchising
authorities provide for the community and that the franchising process does not
impede competition.
Our office requests authorization to allow Leibowitz & Associates to file a response
on behalf of the City of Delray Beach with the FCC regarding this proposed
rulemaking. The cost will be between $2,000.00 and $3,000.00. Our office
recommends that this be approved.
Please place this item on the February 7, 2006 City Commission agenda. Please
call if you have any questions.
cc: Chevelle Nubin, City Clerk
<1"3
-~
"
[IT' DF DELRRY BER[H
CITY ATTORNEY'S OFFICE
'I'!:\\V I~t ,\VT~ll . J!j:!R.\\' BEACH. FLORIDA 33444
i LlI'II()c;l '(,I . i "'" 'I\CSI\lILE: 5nl/"n-4755
Writer's Direct Line: 561/243.7090
DELRAY BEACH
~
Ail-America City
, , II , ' DA~E:
@ TO.
MEMORANOUM
February 3, 2006
1993
2001
City Commission
Oavid T. Harden, City Manager
~
FROM:
Terrill Barton, Assistant City Attorney
SUBJECT: City's Offer of Judgment/Proposal for Settlement in the Claim of
Marilvn Shuster v. City of Oelray Beach
The City Attorney's Office is requesting City Commission authorization to propose
a settlement offer in the amount of $19,000.00 for the above-referenced claim. On
May 18, 2004, the Plaintiff allegedly fell on the sidewalk adjacent to 3275
Frederick Blvd., Oelray Beach, Florida. The area of the sidewalk where the
Plaintiff fell was broken and uplifted due to tree roots from a nearby tree. The
Plaintiff alleges injuries from the fall including a left rotator cuff. Plaintiffs medical
bills to date total approximately $13,396.00 in out-of-pocket costs, not including
the possibility of a future surgery on her left arm to correct the residual issues from
rotator cuff tear.
Further, we have consulted with the City's Insurance Adjuster who is in agreement
with the $19,000.00 offer. If the Plaintiff accepts the City's settlement offer, then
the City would request that Plaintiff release the City of all claims and execute all
documents and releases.
Please place this item on the February 7,2005 City Commission agenda. Thank
you.
TCB:smk
cc: Chevelle Nubin, City Clerk
q\(
01<
~
RESOLUTION NO. 10-06
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, SUPPORTING THE SCRIPPS RESEARCH
INSTITUTE OPPORTUNITY FUND.
WHEREAS, Palm Beach County is investigating possible sites for the location of the Scripps
Research Institute; and
WHEREAS, one of the proposed sites for the Scripps Research Institute is in Boca Raton; and
WHEREAS, the Scripps Research Institute and the complementary uses resulting from the Scripps
Research Institute are projected to create over 5,000 jobs; and
WHEREAS, it is recognized that if the Scripps Research Institute locates in Boca Raton, some of the
complementary uses resulting from the Scripps Research Institute will be in Delray Beach; and
WHEREAS, it is recognized that if the Scripps Research Institute locates in Boca Raton, the City of
Delray will directly benefit by the jobs created with the location of the Scripps Research Institute and other
spin-off bioscience firms; and
WHEREAS, through a public/private partnership, a Scripps Research Institute Opportunity Fund is
being created to fund employee incentives, job creation, and diversity programs and initiatives in Delray
Beach and Boca Raton.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, THAT:
Section 1. If the Scripps Research Institute locates in Boca Raton:
. The City of Delray Beach hereby pledges to contribute the sum of $2,000,000 to the Scripps
Institute Opportunity Fund to be paid in two equal payments of $1,000,000 each over a two
year period.
PASSED AND ADOPTED on this
day of
.2006.
ATfEST:
MAYOR
City Clerk
~L
F~6-C3-2CC6 16:17
FROM-CITY MANAGER/CITY COUNCIL OFFICE
561-367-7014
7-699 P.OOl/OOl F-496
~.s;
JO--of.o
Whereas, Palm Beach County is investigating possible sites for the I,)cation of the
Scripps Research Institute, and
Whereas, one of the proposed sites for the SCripps Research Institute is in Boca Raton,
and
Whereas, the Scripps Research Institute and the complementary UsE,S resulting from the
Scripps Research Institute are projected to create over 5,000 jobs, and
Whereas. it is recognized that if the Scripps Research Institute Iocate.s In Boca Raton,
some of the complementary uses resulting from the Scripps Research Institute will be in
Delray Beach, and
Whereas, it is recognized that if the Scripps Research Institute locatE,s in Boca Raton,
the City of De/ray willr\direcily be!lefit ~y l~~ job~ creat~with the I?f<ltion of the Scripps
Research Institute~~\'- oC1<e-_ ~ D;jt.~ ,/V..c/
o.,~;X:~',.JJ, ~
Now therefor~ CI~"'" -' - ~ _ - ~~8ch de.!dl C~ II J (:.I'Jlt(.lbUIO ""ulld~ llJ U Ie-J\..~
P"P'"I"'"il:~tt....~.R:."""'~ ~ C0~-:e.t ~ '- 4.:sooor""o
t;.:{!J;;i2~~st:'t ~ "'-;rn.Q"-- ~ ~ '<;'~1
.() ~tfi' ~ . . ~~~
~~~~~: - ~l;;-1t ~(~' )-k-~
-~ ~r .() , ~ (}o...JA ~~
dJ) ~~/^-2.( ~ I
.-flL~~/~~~~
MEMORANDUM
TO:
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGERff~
AGENDA ITEM # <1J.1\ - REGULAR MEETING OF FEBRUARY 7. 2006
APPOINTMENTS TO THE CODE ENFORCEMENT BOARD
SUBJECT:
DATE:
FEBRUARY 3, 2006
The tenns for Mr. Robert Marks and Mr. Mark Behar expired on January 14,2006. Mr. Marks and
Mr. Behar have served unexpired terms, are eligible and would like to be considered for
reappointment.
All members of the Code Enforcement Board must be residents of the City. Appointments to both
regular and alternate member positions shall be on the basis of experience or interest in the fields of
zoning and building control The regular and alternate membership of the Board shall, whenever
possible, include an architect, a business person, an engineer, a general contractor, a subcontractor
and a realtor.
The following individuals have submitted applications and would like to be considered for
appointment:
Gerald Franciosa
Retired/Law Enforcement (also applying for the Police and Fire Board of
Trustees and the Nuisance Abatement Board)
Mark Behar
Property Management
(Incumbent)
James Houck
Property Management (currendy on the Board of Construction Appeals)
Robert Marks
Retired/Construction
(Incumbent)
George Thacker
Accounts Manager
Stanley Watsky
Insurance/Real Estate
A check to confinn 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 appointments will be made by Mayor Perlman (Seat #5) and
Commissioner Ellis (Seat #1) for two (2) regular members to serve three (3) year tenns ending
January 14,2009.
Recommend appointment of two (2) regular members to the Code Enforcement Board for three
(3) year terms ending January 14,2009.
CODE ENFORCEMENT BOARD
D1/06
TERM REGULAR MEMBERS OCCUPATION POSITION TELEPHONE
EXPIRES FIlLING
01/14/2007 Glenn Schuster Fire Chemical Layperson Work:
Unexp Regubr Appt 4585 A Northwest 3'" St. Specialist Home: 499-0561
08/19/03
Unexp Alt 05/06/03 Delray Beach, FL 33445 Cell: 706-0553
lle2ppt 01/06/04
01/14/2007 Leonard Epstien Business Owner Real Estate Work:
Alt _ 05/06/03 3120 Northwest 15th St. Home: 272-0330
Unexp Regubr appt Delray Beach, Fl 33445 Fax: 272-0329
rn/22/03
Reappt 01/06/04
01/14/2007 David Hawke, Vice Chair Architect Architect Work: 740-4440
Unexp Appt 01/07/03 121 Heather Lane Home: 278-3414
Unexp Regulu Appr Delray Beach, FL 33444 Fax: 921-0444
04/15/03
Reappt 01/06/04
01/14/2008 Beril Kruger Planner Business Person Work: 265-4983
Unexp Appr rn /24/01 9 NE 16th St. Home: 265-2019
Appt 04/00/00 Delray Beach, FL 33444 Cell: 870-4701
Reappt 01/04/05
01/14/2006 Robert Marks Construction General Contractor Work:
Unexp Alt Appt 01/07/03 371 Coral Trace Lane Home: 266-8494
Unexp Regubr Appt Delray Beach, FL 33445 Fax:
04/15/03
01/14/2009 Anthony Veltri Retired/General Sub Contractor Home: 272-0252
Alt Appt 01/02/01 2915C NW 12th St. Adjuster
Unexp Regubr Appr
00/02/01 Delray Beach, FL 33445
~:0I/rn/03
t 01/17/06
01/14/2006 Mark Behar, Chair Property Mgmt. Engineer Work: 254-9605
App' 09/09/03 air 1700 S. Ocean Blvd. #21 Home: 279-2335
Unexp Appt 10/05/04 Delray Beach, FL 33483 Fax: 279-9192
Cell: 254-9605
ALTERNATES
01/14/2007 Samuel Resnick Code Layperson Cell: 414-3933
Unexp Appt 03/01/05 2835 SW 13th Street Admin/Engineer Home: 330-8419
Delrav Beach, FL 33445 Fax:
01/14/2007 Bernard Federgreen Retired Operations Layperson Home: 265-3339
unexp Appr 10/05/04 1260 NW 24th Avenue Director
Delrav Beach, FL 33445
Contact Nonna Smith 243-7213
;/Gty CIerl</1loan1 04/Code Enfo=menr Iloan1
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2001
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CITY OF DELRAY BEACH .< E-CE.\\JE.O
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03/31/05 TBU 10:28 FAX 561 243 3774
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1'993
2001
CITY CLERK
?opc~OOJ..lfl<-/f
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RECEIVED
APR 0 1 2005
CITY CLERK
flIJe.1-
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
Please or' t the fa . infonnation:
1_ LastNaD\e::
2. HomeAdd=is#/'lq_W. l.E6. tJ>,.
3. Legal. Residence:
4. Prin.
Hoo:>e Phone:
8..
~611~
.ou5Iy.....oo: (PI..... include <htes)
9.
11. Give your present, or most recmt eoiployu, 2nd position:
. (Pleu. a1t:lcb a .
-
.--.........,-""'.......... ~...........
Cllu . on my put of any appointm<:nt I T < ..
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Note: This application will rem:a.in on file in tb.e City Qed<'s Office for a period of 2 yeats from the date it was
submitted. It will be the applkant'. cespm>sibi1ity to ensuie m.r .. cw:rent application is on file.
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Date:
From:
To:
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.FloIIlcl: Jl~n1 i1Ippglnto;wnts
8/2312003 3:24:16 PM Eastern Daylight Time
MJBPROPERTlE~
Ibotlllllvcos.com
ih1@bellsouth.net
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ISubj: p_..& 1 -"lfrlufl-.
:Oate: 8/2312003 11:07:23 AM Eastern Daylight Time
!From: delcommish@hotmail.com
iTo; ~JBprooertiesllllaol.com
; Sent from the Internet (Details)
1._.._...............-..-.. _.'.,.."_..,_._.,....._, .........,.,"
--~-_._~.__._---~._~--~--~~----.__.__.~._._~---_.__..--~,..
Dear Mr. Behar:
I have anuproming appointment for an altemate member of our Code
EnforcemenlBoard. .
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.~~g1L~.k.... . L . .. -_-_ ___ _.. . ,L~ .I.. .... ..,....... " '
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Unfortunately, openings are rare and its even rarer that an incumbeot board
mem~r j$ "ei~.erternHim\W!l Qr !l9~n'tJ!l(lln.t.!9~.e 51n9~r .~rm.lt.i$
my philosophy that if an incumbent is doing a good job, I would like to see
them re-appointed.
That.said, .the .Code .Enfor:cement .Board is .scliJle _snd _ill\P.OltlnHQ oJ.lJ !;ijy.
Even though the position is an a1temate one, it is my impression that
alternates are very valuable because often board members cannot make the
daytime .meetings.
. ~ cen$ider an.altemate position at this,time2.. .
), .'. :~tf:"~"'D&':'lIii:lg. '; '.11:11"'1-- ",,-iit'lil~..~d<ltml'i;' mII'lil~...J
aut sUesst -!his is a -start. ,
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Friday, -September 12,2003 America Online: MJBPROPERTIES
. .;,
.-A
OFFICIAL PBC RELEASE:
.MR. MARK J. BEHAR
APPOINTED TO
PRESIDENTIAL BUSINESS COMMISSION
Washington, D.C. - Congressman Tom DeLay of Texas announced today that Mr. Mark J_
Behar of Delray Beach has been selected to serve the State of Florida on the new
1 Presidential Business Commission.
/
The PRESIDENTIAL BUSINESS COMMISSION (PBC) is an elite group of leading
business and professional people and political strategists who will be advising the
Republican leadership on how to protect the President's Majority in the House in the
upcoming elections. Mr. Behar was selected based on outstanding contributions as an
Honorary Chairman of the Party's Business Advisory Council, a position Mr. Behar still
holds. On the Presidential Business Commission, Mr. Behar is expected to playa key role
in helping the Party craft their strategy in the important closing weeks of the campaign.
Commenting on Mr. Behar's selection, Congressman DeLay said, "The 2002 election will
be critical in determining the course of our nation, particularly in terms of tax relief and
national defense. I am thrilled to have Mr. Behar's expertise and input as a resource in the
final weeks." Mr. Behar will also be invited to attend high level meetings in Was\llngton,
and is expected to receive a special thank: you picture of the President.
####
10
\
PAID FOR flY litE "ATlONAL REPUBLICAN CONGRESSIONAL COl.Il.IlTTEE NOT PRINTEC AT GOVERNI.IENT EXPENSE
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National Republican Congressional Committee
BUSINESS ADVISORY COUNCIL
From the Office of the Chairman
CONGRESSMAN TOM REYNOLDS
FOR IMMEDIATE RELEASE:
This official "Press Release" is to announce that Mark J. Behar, a Local Resident
. and Businessman from Delray Beach, Florida will be meeting and speaking with several
Members Of Congress up on Capital Hill this week to talk about the tax related issues,
concerns, and problems facing local level "Small Business Owners" from Florida
Mark will be meeting and speaking with Local Congressman Mark Foley (R-16.th) as
well on *March 19.th, regarding his views and opinions on how He and Congress can
help our Local Small Business Owners grow, when he's up on The Hill.
The National Republican Conl!ressional Committee's - Business Advisory Council
has also scheduled a special awards presentation and ceremony on *March 18 in
Washinl!ton. DC to present Mr. Behar with the "2003 Businessman Of The Year
Award". as a Delel!ate from Florida.
Several Members of Congress like House Majority Leader, Tom DeLay, and
NRCC Chairman, Tom Reynolds as well as other VIP notables will be in attendance to
personally present him with his award at an Award Luncheon. It will be a major event in
Washington.
Mr. Behar has also been invited and will be attending the "Conl!ressional Tax Summit"
rel!ardinl! the President's Economic Stimulus Plan.
Commenting on Mr. Behar's Award, Congressman Reynolds (R-NY) said, "On behalf
of all of my colleagues in the U.S. Congress up on Capital Hill and the National
Republican Congressional Committee, I want to extend my personal THANK YOU to
Mr. Behar, for all of his accomplishments and his efforts over the past year as a role
model for and as a Mentor to our new generation of Independent Small Business Owners,
and to say that this selection now places him among the elite Young American
Businessman who are the future of our nations economic growth".
;'/ ;'1 jf fJ :J J!
.. ',~
i
Press Release
J.'OR IMMF.nUn: RF.I,RASF
MR MARK J. BEHAR APPOINTED TO
CONGRESSIONAL BUSINESS COMMISSION
Washington D.C. - Congressman Jim Rynn of Kansas announced today that
Mr Mark J. Behar of Delray Beach, Florida has been selected to serve on the new
Congressional Business Commission.
The CO~GRESSIONAL BUSI~SS COMMISSION (CBe) is an elite
group ofleading business people and political strategists who will be advising the
Republican Leadership on hmY to protect the R~pl1hli('"," Majority in the House in
the Fall Elections.
. ) Mr Behar was selected based on outstanding contributions as an Honorary
Chainnan of the Party's Business Advisory Council. On the cse, Mr Behar is
expected to playa key role in helping the Party craft their campaign strategy for the
2002 elections. The CBC is committed to supporting and recruiting fiscally
conservative candidates who are connnitted 1:0 tax reduction and relief.
Commenting on Mr Behar's selection, Congressman Rynn said, "The 2002
election will be critical in determining the course of our nation. I am thrilled to have
Mr Behar's expertise and input as a resource as We head toward November."
Mr Behar will also be listed on the Congressional Business Honor Roll,
which will be displayed in the Republican Headquarters Building in Washington.
########
Jun 25 03 04:01p
MARK J. BEHAR 561-279-9192
6/25/2003 1:42 PAGE 3/3
p.2
.-'
.
nf-.-
National Republican Congressional Committee
Tom Reynolds. M.C.
Cbainnan
Sally Vastola
Executive Director
FOR IMMEDIATE RELEASE
MARKJ. BEHAR
NAMED TO TIffi 2003 REPUBLICAN CHAIRMAN'S HONOR ROLL
Washington, D.C. - National Republican Congressional Committee Chairman Tom Reynolds
announced today that local businessman Mark J. Behar of Del Beach has been named to the 2003
Republican Chairman's Honor Roll_
\ . Mr. Behar serves as a co-chairman of the committee's Business Advisory Council and is
/
being recognized for service and support in keeping the White House and Congress in Republican
control. As a member of the Honor Roll Mr. Behar's name will be on display at the Republican
Headquarters building in Washington D.C_ As a member of the Honor Roll, Mr. Behar also
qualifies to receive the Committee's I-llGHEST HONOR, the prestigious Republican Gold Medal
to be presented at a special awards ceremony in the nation's capitol. Honorees will be
announced later this year.
,HAl?~-
####
Paid for by th~ National Republican congressional COmMittee and not 3uthoc12ed by any candidate O~
candidate's co~ttee.
\IW\I.nrcc.orq
Not printed at qovernment expense.
'SOUTHF'l'.hRIDA
. '- .", .... .'-'." ,. . - . .
tatep~el h~ P9b1i~~~~ntsonCQntlo-bOar~'
JoE KoUJN . '. .
. fF:WRlTER." -
.l VIS . - From the condo-'
Dium board-that forced a-
~year-oldwoman out of-the. .
artmentshe owned because': .
e owed die alisociation4 . .
!1tS.t<>thosethatspenllown....
5' m.on~:with- .irnp..-nity, a- -.:
ire task foreeheard hun-
8dsofreasonsTuesdaywhy
ate condo laws needto be=
riuen. . .
,r.lthough the-noisiest in the. .
IiIience of- about400were de- .
ending the.. House Select
~mm1ttee.()n Condominium.,
overnance change the laws.:
L'! public hearing at Bailey
lIllattheBrowanlCommuni-
'cOUege.~pus.in Davie.
se) included.veteran.condodb_"
dorswhoarmredtheyareri't .
aeded. Whatlsneeded, they
iSist, is coildoownersWilfutg
'llerve;as !!i~!ll;f:orl! a.nd:t;l:op-l\.GJlEE:Keith Taylor, from left.. and. Karen Augustus; both of-Pembroke Isles, a~ Philip Castronova and
Jinplairiingil1i6tn everything Jean\\lin~of Ik>caRaton attend the hearing on Tuesday. Photo/GinIIy Dixon .
~~~~~i4~Juli!l . sesSni,ents based on the size of aild ailkedto give the state Bu-
obama. -R-14.j,,;;:;i;--'~"iid tlie. .... the aplptment rather thanreau of Condominiums more
ghtmembers~m"!lte1se- equal cost for each owner;. authorltytoresolVedisputes
here in-tI1!l state;lncluding.. - asked foralawto make com- . Withoullm~all owners in
"Fdo,.J~iW:iUeandNa-' munityassOciationmaruigers an~tionP3yfotthemis-
-,>, retie~.colUlnents'frQm '.: mote accQuutableto ownerS; taki:soflbefr<!itectoci-
mdo~tsWithstatela..v- . .... . .' ,.
1ll8. and dl!clde'what should
Ii cl1angeddt~.teport to
louseSjjeatt~ Jqbitnie Byrd.
nd iec6mmendatiQIIs will go
) the fu~pjouse' eiu-ly next
ear_. . -. .
.Housecommitteeinelithers, .
mometmrthefirirttimeinMh .-
ioi Jast~iitli.Said thhave
. -", ." . ey
een~but'bor-
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ms_ Mell1b~ptoinisM ac~
ion. __' - . . .. '. . .
"We'1l)inakesw:etllelcon- .
1o]_~~'1.~.~:~e~n .'
heu-Sld",JiO,d!JOt-1lll:ve.toJ;ee!r.: ·
hewoWii:fet.ui:nuiiSel,"said' ..
tep. Juan Zapllla, R-MiamL
CondQ residents asked the
lDinmittee to oUtlaw condo as- .
. -
Joe "ft/iiACIJIllHi reached at
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CITY OF DELRA YIJEACH
BOARD ""EMBER APPLICATION
Name ~ ~rrtCS.
City~E .
City .
ssle-oY
City
Slllte
FL
Si:;tte
FL
Sl2tc
M.Ll:)
. Zip Code
3>5'-'+-+
Zip Code
J>3-4<
Zip Code
60~_
2.. HomeMdmsE 03 ~ L~~
3. Legal ReSidence: - .
;;S74>~ - S. ~~W6110 PL_
4. ~dpa1 Business .Address:
~<s~~"k.1 e CdIPhoo", Fax:
b'l>e: LlN~. IN:
6. Are you" registered voter? y G:.$ ~.~~, ~en: ~ .l>u. ~ ~~ U-IC-. ~~L .
,,~/~ J!o:ud. (s) ire you intc:n:sted in serving? Pj.;m list in Or:iJer o(pief=<:c . .
a6~"" 0= 1& & J;>.L.~ ... edGe. . -F.-;o""'~ _ . ~ C66Y1fr2r.Jt-J
€hf..
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9_ EduC2. tij)tu1 gwlioouiol)S:. .J;sP \ .
<f? ~\,}-fEl.c:>e. olf"= . FI( {
. (f)f'!-G:,~
10_ Ust::!oy rebre.d professional certifications-:and IicCnses whicl> you hold: - ..l
. f'Z-b~O.D- ~~L C:.::'9 .. . $I&, Lt E <H"65d~sZ3
<fi O(!)h7P1Ut-!rr~ S<1}Q.IJ}.i1(Jo---l :J1l~~ L f. .:.:sc
u. Give four pri:sent, or most recent employer, and Pc:! 'rion:
L . /)1~ .. _ t/IJ~ . - - tY/;qe._
'%. PesaibC: cXpePCnt:e$.ll:i/ls Or ~~ ~qUaIifY roo. to. ierve on this bout!: (PJea$c.-:lt . hrlc'f resume)
. . . .
. . -
-h=by .. ~t.a1l the. e _tttnents .re ~ and l ~.an-.l un4em.Mthariny ~t of ~t'erial &.as
~.-. ..~ftY~mefottci~uponmypanOfanyappo~;~~~ . . .
. .. . - DATE .
. .. . .
lotc:1bis arpliatioo_ wi1I remain Q~ lile in the dry _?q,%;~fVt:rei04 0[2 r~ ~m th" <hte it was .
sublDltted_ It will be the applicant's respoosibiliryGl.~t. cum:ttt applia:non tS on file. .
. . ~DlN
D<!..A. /-J-J. J ~l.ultfJ- MAR 0 9 lOO~
""'TV ~l i=RK
\Y-1~-~~~~ ~~~~J rl'
I _ ""'-'-=:. .
vlay 18, 2005
JAMES HOUCK
. y of Del ray Beach
3763 S. Lancewood Place
Delroy Beach., FL 33445
Phone: 561-865-2636
Emai1: idhouck51@vahoo.com
)elray Beach., FL
\ttn: CRA Board Members
te: CRA Board Position
)ear Board,
fhis information is being sent to secure a position with your Board. Attached is a copy of my cover letter and
-esume for your review. If my qualifications are what you are looking for; feel free to call or email me to set up a
neeting to discuss the position further.
\s a highly organized and self motivated professional with interrelated experience in Accounting Ba~lcs,
\.rchitecture. (5 years - Building & Space Design and Site Planning), Operating and Capital Reserve Budgeting
.17 years), Computer Software. (20 years - Word, Excel and others), Construction, Corporate Business (10
lears - Management, Marketing, Operations, Sales and Training), Property Management (17 years - Portfolio &
)n-Site Experience) and Real Estate (5 years - Commercial Leasing, Marketing, and Sales) the following are a
'ew of the skills I can offer:
~ANAGEMENT
.
Able to effectively manage aspectS of a multi-story condominium typc building aud its day to day
operations.
Prepare extensive management reports.
Able to quickly learn the various roles and functions of all positions within a property.
Long term knowledge of working with computer programs (Word, Excel, Quicken & others)_
Understand and work with CAM charges.
Understand finan.cial statements and general accounting principals.
Proficient in creating operating and capital rescrve budgets and effectively manage their expenses.
Understand the use of financing.
Able to follow proper collection procedures and other applicable charges.
Examine problems and create viable solutions_
Develop and implement short and long term management plans.
Abkto orient new owners and promote positive rc\atioJ:ls.
Knowledge of available insurance coverage to prot<<:t owner assets.
Enforce collection procedures and eviction procedures.
Analyze a property's physical and fiscal concerns.
. - Understand Bnd work with legal contracts.
Understand legal issues as they relate to owners and associations.
.- Test economic alternatives to increase value and make recommendations_
Oversee operation. and administrative personnel as well as construction management.
Able to analyze and quickly take over a new account.
Understand and meet goals of the property.
Understand and work with staffmg and employee relations.
Attend and able to oversee annual and regular board meetings_
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SKlLLS (Continued)
(page 2 of2)
kOPERTY FACILITY MANAGEMENT - MAINTENANCE & SERVICES
. Experienced facilities management background.
. Understand and manage construction projects.
. Understand and work with architectural drawings_
. Conduct and prepare extensive property and building inspection reports.
. Manage risk factor.l effectively.
. Monitor owner interior improvements.
. Create proper specifications, negotiate contracts and oversee a project(s) to completion.
. IdentitY and work out exterior and interior maintenance and construction defect issues.
. Properly hire and effectively supervise and motivate employees and outside contractors.
. Aggressively over.lee proper landscape maintenance, irrigation repairs and redesign as needed; plant
replacement and redesign as needed and implement other new projects when needed.
. Properly plan and implement the various types of routine and deferred maintenance projects and common
area renovations.
. Able to effectively coordinate or oversee the security services; parking valet services; pool services and
their equipment repairs; parking garage and valet services, tree trimming and removals; parking garage
areas and their access systems; janitorial services; building engineer personnel; cooling systems; roof
repairs and replacement; elevator repairs; asphalt road and parking area repairs and overlays; painting
projects; concrete restoration, tennis courts; fire sprinkler systems and most other services and/or systems
as needed_
. :'ENERAL
· Ability and willingness to quickly learn all the various aspects of a new property.
· Strong organizatiooal, multi-tasking, administrative and leadership skills.
. Mature, responsible and business like in demeanor.
. Positive proactive work ethic.
. Professional in approach and appearance.
~ Work effectively to create a cohesive "win-win" team environment.
Th.ank: you in advance for taking time in your busy day to review this information. If after reviewing the enclosed
materials you feel there is a position available for us to discuss, I welcome the opportunity to meet at your earliest
convemence.
!
/
......
J Houck, CAM
3763 S_ Lancewood Place
Delray Beach,' FL 33445
561-865-2636
idhouck51@vahoo,com
.\Closuce - Resume
-'
IY-18-~I::.'lI"'~ ~o::.: ~Q ......M
::)1001. l::::j;t:lo::) LIOo~t:lo
r.l!!).....
)
.JAMES HOUCK
Phone: 561-865-2636
Email: idhouck5lfalvahoo.com
"0 secure a position where interrelated experience in Accounting principals, Architecture (5 years - Building &
.pace Design and Site Planning), Operating and ReserVe Budgetlng (15 years), Com(luter Software (20 years _
Vord, Excel and others), Construction. Corporate Bustness (10 years - Management, Marketing, Operations,
:ales and Training), Property Management (17 years -. Portfolio & On-Site Experience), Real Estate (5 years _
:ommercial Leasing, Marketing, and Sales) will be of value.
'ROFESSIONAL HISTORY
005-Present DEER CREEK CONDOMINIUM COUNTRY CLUB ASSOCIATION (Deerfietd Beach. FL)
ProDertY Manller
. "On-site" managing the daily operations of a 324 unit condominiunt development consisting of 7
buildings (with elevators and fire sprinkler systems in each), a swimming pool, two tennis COutts, a
clubhouse building, an on-site staff of five and a total annual budget of.
992- 2005 LANG MANAGEMENT COMPANY (Boca Raton, Florida)
.PropertY MlInllller
. "On-site" managed the daily operations of a 460 unit condominium development consisting of 9
buildings (5 stories in each and all with elevators and fire sprinkler systems in each), 2 swimming
pools, a clubhouse building, and an on-site staff of two (2) maintenance and four (4) janitorial
personnel.
. Previously directed the daily operations of a portfolio of up to 16 high end communities; in the
master comnnmities of Boca West and Broken Sound, collectively consisting of more than 600
homes and 300 two and three story condominium unit,.
. Consistently responsible for preparing, implemcnting and oversccing the annual budget expenses of
over $4,000,000 collectively.
· Administered corporate monthly, quarterly and atUlual board meetings.
· Professionally managed the contracts of accountants, architects, attorneys, carpenters.. electricians.
engineers, generaL contractors. horticulturists, insurance companies, irrigation specialists,
landscapers, handymen, roofers and other contractors, vendors and agencies.
. Maintained a high standard of living and cost effective Iitestyle in these uppcr end communities.
. Successfully negotiated and monitored the.completion of 2 developer turnover settlement
agreements, 4 IlSphalt roadway overlay projects, 9 sealcoate projects, 8 painting projects, 4 pool
resurfacing projects and 5 roof replacement projects.
989 - 1992 BENCHMARK PROPERTY MANAGEMENT (Coral Springs, Florida)
PropertY MIID.ller
. Consistently directed the daily operations of up to 15 propetties, collectively consisting of more
than 1,000 two-story and low and mid-rise type condominium buildings and also individual homes.
. Responsible for preparing, implementing and overseeing the annuaL budget expenses of over
$3,000,000 collectively_
. Successfully negotiated and monitored the completion of three (3) developer turnover settlements, 2
road overlay, 6 road senlcoate, 7 painting projects and 3 flat roof replacement projects.
. Administered corporate monthly, quarterly and annual board meetings.
,V-18-200S 06:07 PM
561 865 2636
P.12I5
JAMES HOUCK
(Resume - Page 2 of 3)
J7 - 1989 CONDOR PLACE JOINT VENTURE (Boca Raton, Florida)
On Site PropertY Mana2er & Leasin2 Director
. Directed all on-site property management and leasing efforts for a 40 bay95,OOO square foot
office/warehouse building, .
. Responsible for negotiating all contracts and leases.
· Created and implemented annual budgets and pi.epared monthly financial analysis,
985 - 1987. SCHNEIDER COMMERCIAL REAL ESTATE (Los Angeles, California.)
Real Estate AlleDt
· Affiliate member of the "International Council of Shopping Centers" (lCSC).
. Working with developers, property owners and tenants negotiated more than $5,000,000 in retail
and office leases and land and building sales.
. Crea.ted and utilized computer generated databases to work with buyers and tcnants and also
investment programs to analyze building and land sale opportUnities_ .
984 - 1985 FRED SANDS REALTORS (Los Angeles, California)
Real Estate Allent - Commercial DivisioD
. Negotiated more than $900,000 in retail and office leases and land sales. Achieved goals by
comprehensive cold calling on owners, tenonts and other brokers_
974 - 1984 ST_ CHARLES MANUFACTURING COMPANY (St, Charles, Illinois)
A high end residential, laboratory and institutional cabinet manufacturer.
) Western Rellional Sales MaDae:er/Multi-Housine: Dh'ision (Based in Los Angeles, CA,)
. Successfully directed the development of a new region of dealerships, independent agents and
corporate accounts throughout 7 key western states.
Eastern Ree:loDal Sales Manae:erlMultl-Housinl1 Division (Based in Ft. Lauderdale. FL)
. Effectively managed 17 independent dealerships throughout 8 key eastem states.
National Operations MaDal!erlInstitutional Division (Based in St. Charles, Illinois)
. Supervised all corporate accounts and dealer services,
Corporate Sales EDl!ineerlDraftsmanlEstimator
'ROFESSIONAL LICENSES & DESIGNATIONS
005-Present
005-Present
004-Present
989- Present
987-Present
984-1989
Florida Notary Public Commission (#0411955)
CPM Candidate (IREM ID #0159693)
Florida Mortgage Broker License (#504342)
Florida Community Association Manager License (#5414)
Flolida Real Estate Broker License (#500323)
California Real Estate Brokers License
In' GOVERNMENT - BOARD POSITION
004-Present City of Delray Beach, FL - Vice Chairman - Board of Construction Appeals
.. I ~..1. ~-~~""".~ "'~'j... "'_'~ ...
JAMES HOUCK
(Resume - Page 3 of3)
)
mUCATION
1987-Present Florida Continuing Education Courses
. . Real Estate Broker License & Community Association Management Licenses
1984 - 1986 UNIVERSITY OF CALIFORNIA - Los Angeles, California
. 8 various Real Estate Classes in Appraisal, Finance, Marketing and Property Management.
1976 - 1977 UNIVERSITY OF WISCONSIN - Madison, Wisconsin
. 6 various Business Management Classes
'971- 1974 lJNIVERSITYOF ARlZONA- Tucson, Arizona
. Bachelor of Architecture Degree
,969 - \97\ SOUTHERN ILLINOIS UNIVERSITY - Carbondale, Ulinois
. Associate of Architecture Degree
j
/~.'lf70 7
(~chbJ
" 11~a
.,,!!,~~....
CITY OF DELRAY BEACH RECEIVED
BOARD MEMBER APPLlCATICWC 07 2005
CITY CLERK
2.
information:
1.
Name
State
k'
State
Zi :J~
Zip Code
H
Zip Code
~(
b/Z-r
City~ 72__ ..
.i/bUtI' ~
City
3.
7
J[. -+'
4. Principal Business Address:
kn .~
Ci
.ty
5. Home Phone:
Business Phone:
E-Mail Address:
Cell Phone:
Fax:
---
.:5t,/- 31'o-/Y~
If so, where are you registered?
7.
) 8.
9. . onal ualifications:
M7J
S. ~e-r-;/ ft Z '4-r Osh' 7J
10. list any related 'professional certifications and licenses which you hold:
IE; Pi /2 te:):>
LJ.!,'._; !?...;y;--/~
11. Give yout present, or .most recent employer, and position: ;7
C};"u 2>/l E: 1 cUJ I ;LG7i-Rc:/)
C2r/E,P ~ST~J(cTlorJM
12. Describe experiences, skills or kn. owledge which .9ualify you to
vi /..v. . /A/ /.. &
;?fY~5
SIGNATURE
Note: TIlls application will remain on file in the City Clerk's Office for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
S\CITYCLERK\BOARDIAPPUCAl1ON
,_~P1 . "1\';1' .;:.. . \...; .L\!.!!.-;:\ .,:1\ )!.!1'4
~
M_' ......acr
'; "II'!
1993
2001
\ttfl;ttti It' ilUJ:. 114~4/'::~.I~._~I~'!F'i/"t}.t1:~tJIJIJ_1!:U4~f' 2
i.l1.fomurion:
CITY OF DELRAY BEACH tltl!~-Hjr.
BOARD MI;MBER APPLlCATIOIECEIVED
FER t 8 2005
-dll1r?J .
RK
M-LS
Zip coo,"
f
Zip Code
N=>.," Geo"
City
~ H.ome AddJ:es.:
03" -c U
!- . Legal Residenee: {> An E- )
City
7.
City
l5'()ca.~
E-Mail Addeess: Cdl Phone:.::. Fa>::
. . _ OM&.
:;-hvc.+f....ke,rY1 Ii. :C.--_C ~/--<14/-(pf7b
If so, wheee <lee you. regi~eered? -:? I <7 /J /' .
r4:.lrYl vt'v..do1-l.-G>o.I....
au intue5(edjn $ecv.ing? Pla.s~ Iise in or er ofp(c.f~rCllce:
. f. .,/;
Stare
Zip Code
J. PDncip-..l BusU:i.= Address:
::I:;V/tx'j.S/-'l., L-rfrn,t;....;f
'()~ ,''' -f- ;-( ddft.. .
5. Home Phone: Business Phone:
~(-3~O-&;Zg;;1..., 5&f-'1c'f-~<Jc'
(,. ALe you.. registered vocer? 'C~
FL
>7Ef'iJ7
P!..
9.
ds on which YQU 2re CUIrOl.dy so:vio.g or c ,pc~io~ly .fen-cd: (Plo.$c indti4: <:J.ac~)
o:f < <::
8.
)
, .
...a...J....t-~v I~
10. Lise""Y rcbeedp[ofessiorul cenifioo.olls "-(ld lic~es which- you hold:
-:
11_ Give your pxesenc,_ or mose Xecem
- ~ -
C .fvr_e.rt:
12 Describe ""penenees, skills oc -
'.
IT.$ 2.1:4: truc. -and.I llgree 4lod undecs:C:uld th1t3.UY missOleon~ of matttUl b.ces
f-orlcit\.I[C \.lpon ~y {l2.f't of 2.UY appointmen( I m..y receive.
$I
IRE.
;;{--/t6 -oS-.
. DATE
):rote: This ..pplial\ion will rem..;n on file in the City Cled<:'s Offiee fan period of2 ye1($ from thew..te it was
submitted. Ie will be the applicant's responsibility to ellsure chat,. currenc ..pplicuion .. all file. .
. S\CITY~t1Cl-TlQH
\11..'.'-.... tV t..U\1~ '.4"t.J'.O.'4 ".'t"'"/I.V..u.-'\HJ'JI!.lI~;:J t- 4)
George Stephen (Steve) Thacker
240_t-CLowson Blvd. Defray BeLIch. FL 33445
561-350-6282
Career Objective
Position. in Entnp...iSe Resource Plaa'lfu.g &: Ma~gement with 4 progressive organi%aIion
offeriflg adwnu:cmen.t opportunities baud on aclai.e:vemenl and ruuJts_
Summary of Qualifications
. ]Wenry years of e.rperienre in all asped.< of communications and marketingJOr the
,elecorrun.u,.icati.ons indUSlty4
. High(v motivatet~ ra"lts-oriented professional with broad backgroundin territory _
deve.lopment;, accounJ/projecl- management. with afOClU.on the Femme 1000.
. . Demonstrated olWlytic.ol and organizational <:jJecsiven.ess.
+ Excellent Interpersonal. corrrmt.mic4tw,,: and managerial s1dlL~.
. Projicie.nt in voke/dacalvidec communicatwru and network daign_
. Proven irWr1celiIIg cperlis~ with strong apliIude for sales management
Work Experience
ZOOl-Present
Imlll!istics Internalional. IIle.. (formerlv Pitnev Bowes Office Systems)
NatUmal Auoun( Manager
Digital Me=tging/Document Procenlng & ERl' Mawiged Servias !Wlut/ons Provider;
evc.re.fs Knowled...eware SoIJdioM j'-artJter: OEMs ind"cleMirwlllL Ki2!J/t;g. .
Panasonic. Toshiba. ~ &, Hddelberv among others. DesilJ"ed &, engiMered "nt"'Pm.,..
wide digital pri"ti..g &, publishing solll1ions. color printing and sC4Ming. desk10p publishing.
des1crop faring. and u"!fIed messaging solutions (Ji"/rllrin,, Fa.o:). Nationat-accowlt sales
management. wltiLe.ma.in/(l.ining 11M existing accowlt blUe. Sumnuc Qub 20Q3. aa.(S;C
Leader-slUp Confereru:e 200.(. Ra.nked r nat/onaity_
1m - ZOOt
Norstan .Communications. Ine..
Account ManagerlCommunkat1ons COll$UlJJmt
...
+ Tech'lOlogy SoflltioM and Services Prcividv: ProjecJ Manage4 converged voiceJDoto/Vide<>
""''''1,ti<e Network.. Contact Centers and Woriforce Man;.gement !wllI1lons via 1P
Telepho"Y_ Frome Rewy'-ATM and Unified Messagitrg technology. ;
... Pa.rrners included Lucent An: Sm~ctraf.ink Wireless. Cisco Svstl!nlS. Adtnm. McnVorIdoom.
~ lllI4 SorintPCS PlctllreTell!!!4 EkLSi"mens.1walSu. Asoect. wtriver.<e peoC1leSo/i
Blue Pumkin among many OIlaers. .
. Responsible far e;riJting cu.slomer base. while ~ngaging r<<ew bu.ri.ness...
I M!!i I ~: II ;_:~: lH}i.:!\ II!\ I i}N
19n-l'"
1995 - i9"
199-4 -1995
.1989-19'4
U88 -1989
.,87 -1988
Hili Htll 18 ~I]O<. 11 : 4 <;;<.T. 11 :4VNi}. 6~6001Z04~ ~ 4
Work Experience (Continued)
UnIDial CommuOlcadon$. Ine.. (now Lightyear Commnnicadons)
Autlwriutf Agenr - GST Communications, Preslk/lt
.. Re-marketing Agatl for MCl-fVor(dCom.. Svrint Williams. gIJd J:X!:. offering wide-range:. low-
GOSI t e!e/datQ commu.nkarlons services (0 commerc1.al customers.
. Ini1iated $trauglc PartMr and DistrihUl;on Charore1 relatio~llips.
.. ManDgeJ ilUZugural regional safa operations.
. l'RESlDENTS CLUB
LCI InteeoalloRaL Inc. (now QwestCommnnications)
National AcCDu'" Manager
.. Raporr.Qhle far generating- new reVenue while maintaining exiscing " mi/lion dollar base.
+ Managea. Natiorus1 Account Suppon r"";" which ,"pponed exlsring acrounlS_
+. Project m~ftaged. che design. argirlarlng. atul irr...<(cal!.ation of voice. Mea. . Q,,:d video "'etworks..
. Managed ropoMei 10 RF(Y otUl RFPs.facilitating Executive PresenJalions 10 SeniQr
Ereadives ofFoffum:. 500 companies. --
. l'RES[DENTSClR.CLEAward~ 1996_
Thomas & Bett$/Nevada Western. Berk-Tek
Manufacrurers Representative. OaJc HIU Marketing
+ Responsible-fOr markJing Premise Wirittg Systems and Communicariol1s Cable to ex.isling
Di.nributo~ whiL: generating new rcvc:tlu~ witlt (.-Urttraccors and End-users.
Data Processiov Science$. Corp_
Regional Representative
. As Data-comnumicaaOn$ Con.m./tant. r~ponsible for design, proc-urement. and
'implcmentatiQn of Integrated Wide_4n:a N<twork and Local_.{roea Netwo,.k301uliQfL~ and
products,
+ Managed IIaMna/ territor)' of=<JCiate brokers. di$trWuWf'S and castomer biDe ..hU.e _
genera1ing new bus/nus.
.. Represented over JO'dUferenl ma.,u.ifacrur<<s of ndworksystettcs. data communications
hardware and related scfl..are.
Republic RoUer Com. (fonneely Dayco Rubber)
Account Represenl4tive
. _ Ma~kd"" =m ndtber roller recovering services to the prinuIIg. paper miU. mad treating.
laminating luuI related indastries_
...
Interactive Commllnicadon Systems. Tnc_
Account Re.presentative_
+ Re-m~led data commun/c.ations hardware and sojlw<ve .(lUminal emulation imd joe
traitsftr) for [BM. DEe _d Unis:yslBurrQugh., Mainframes and flWSl UNIX Sy.<cems. l'atfners
included IQ;;;.Attachmate. Emerald. Rumba and BLAST.
INAGI~TIC$ 80CA RATON
"85 - 1\1117
1983 -1985
W1:5 - 198'1
{FRt)FE8 18 200~ 11:4~"~T'1:4Vtll}.iJ36{j012049 f'
c
,
W ofk Experience (Continued)
. Automatic D.ta Proeesslnlr. Inc.
District Managt!r
· Respon$ible for Marketing dllUI processing services and software.
. Supervised Account E:i.eastivcs. and aient Service Represmtative.s
Pitnev Bowes. Dictaphone Coil>.
Senior Account Executive
+ Responsible for Mtgor Account Morksingfor dictation and digital.'Oice a>mntWlK:ation
~_ CHAIRMANSCLUB.
Education
- University of Cincinnati
B4clfaor of Fine _4.ra D-egr~~ Bro44casr CDm,"un.icgtiqns
. Alpha Epsilon Rho FratlU><ity
Professional memberships
+ rr;.-Slate Tedmology Association.. Vendor Commitcee
. Adve,rdsing Quh of Gncinnati
+ RDtary 11IIeT-natilJfwl
.
Community activities
. - Boy Scouts of Amuica. District Commitcee. A.~<L Scoutmaster
. Knigiw; of Columbus. Fourth Dq;ree
,.
,
. . .Catlwlic Order of Foresters
· ancin.n.(lfiAnsFescivaI./nc; SingGncinnatil.,.SteeringComtrdaee
+ SPEDSQSA. - Sou1hem Gat~_Cltorns. Director of Marketing. Asst. Mw;ic Director
" -." "". : <.{'-::":."
".;; :~It~},]<
, I / I
\ECEIVED
.' .. DEe , 2 Z005
CITY OFDELRAY BEACH
BOARD MEMBER APPLlc~'fIOMERK
_ --r:i.i9a/2;fr1J<!E:.
2.
ML
3.
City
4. Principal Business Address:
--~~
5_ Home Phone: Business Phone:
Ci
-ty
State Zip Code
E-Mail Address:
Cell Phone:
Fax:
6, lu:e you a registered voter?
If so, where are you registered?
7.
1 /.../
serving? Please Iistin or<kr-<>f-pr~er~ce: h I {, J .r fL
p--o 6!, C' E /7 b ('T, 07<" /f-r'/.. pu f'7 ~ e.-.I- / r}
(j 0c '-f .vJ 111--+ 71J E'-PUf5LIC2..
8. List an City Boards on which you are currendy serving or have previously serVed: (please include dates)
.
Co 9l?
9_ Educational qualific.tions:
C'/V~.dc.. tFr( e:7~
,-.J 1 Vr;12,31 0
10. list any ee red professional certifications and IicetJ.J9' wliich 1, u hold: - J . sJ. u
. LL.... 0 {f!.... /7 $' .<Q r-- . "'t4:' .f?--.#-.f/ €.f"
11 Jd7lL..~J'/"7F - ~; 7h.. .
11. Give yout present, Ot.tIiost recent employee, and position:
.~
e
12.
..~
- I hereby certify that all th'e above statements are true, arid I agree and understand that any misstatement of mateiiaJ. facts
contain in irus apPlicatiO~e forfeiture upon my part of any appointment I /~ ~ ~
SIGNAWRE DATE
Note: 'Ibis application will eemain on file in the City Cleek's Office foe a period of2 years from the date it was
submitted_ It will be the applicant's responsibility to ensure that a cucrentapplication is on file. - .
S'CITY~rUCATION
MEMORANDUM
TO:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # ~~ - REGULAR MEETING OF FEBRUARY 7. 2006
APPOINTMENTS TO THE KIDS & COPS COMMITTEE
FROM:
SUBJECT:
DATE:
FEBRUARY 3, 2006
The terms for Ms. Jennifer Buce, Officer Francis Moschette and Ms. Marilyn Pickens on the
Kids and Cops Committee expired on November 30, 2005. Ms. Buce and Mr. Moschette
served in the category of "Other Representation" and would like to be considered for
reappointment. Ms. Pickens served in the category of "Other Representation" representing
Crosspoint Elementary School and would like to be considered for reappointment. The terms
are for two (2) years ending November 30,2007.
The Kids and Cops Committee was established as an advisory board to the City Commission in
May, 1994 with the adoption of Ordinance No. 20-94. Its primary goal is to strengthen the
relationship between the local youth of our community and members of the Delray Beach Police
Department through various programs and activities. It is composed of representatives
designated by the City's Police and Parks and Recreation Department, Delray Beach public
schools and other organizations. Over the years, membership has evolved to include the "Other
Representation" category which has provided the opportunity for interested residents to
participate in the program. The City Commission directly appoints members to fill the "Other
Representation" category. The other appointments are made by the various groups involved and
presented to the Commission for ratification.
The following individuals have submitted applications and would like to be considered for
appointment:
See Exhibit "A" attached
A check for code violations and/or municipal liens was conducted. None were found. Voter
registration verification was completed and all are registered.
Based on the rotation system, the appointments will be made by Commissioner Archer (Seat
#2), Commissioner Levinson (Seat #3) and Commission McCarthy (Seat #4) for two
individuals to serve in the category of "Other Representation" and one individual to serve in
the category of "Other Representation" representing Crosspoint Elementary School for two
(2) year terms ending November 30, 2007.
Recommend appointment of three (3) regular members to the Kids and Cops Committee for
two (2) year terms ending November 30,2007.
Jennifer Buce
Ellen Major-Hanna
Officer Francis Moschette
Marilyn Pickens
KIDS AND COPS COMMITTEE
EXHIBIT" A"
(Incumbent)
(Incumbent)
(Incumbent)
02/06
KIDS AND COPS
TERM REGULAR MEMBERS ORGANIZATION TELEPHONE
EXPIRES REPRESENTED
Vacant Adantic High Office:
Home:
Vacant Atlantic High (student) Home:
11/30/2007 William J. Fay, Jr. (principal) Banyan Creek Office: 638-2151
4243 Sabal Lakes Road Home: 624-8150
Delrav Beach, FL 33445
11/30/2007 Yvonne Odom Carver Middle Home: 498-1894
3905 Lowson Blvd PBC School District
Delrav Beach, FL 33445
11/30/2007 Marilyn Pickens Other Representation Office: 738-2982
3694-G Savoy Lane (Crosspoint Elementary) Home: 687-5232
West Palm Beach, FL 33417
11/30/2007 Vacant Orchard View Office:
Home:
11/30/2007 Vacant Pine Grove Elementary Office:
Home:
11/30/2007 Beth Damon Plumosa Elementary Office: 243-1562
1712 NE 2nd Avenue Home:
Delrav Beach, FL 33444
11/30/2007 Ken Haines S.D. Spady Elementary Office: 243-1558
1436 SW 25th Avenue Home: 523-3742
Boynton Beach, FL 33426
11/30/2005 Cory Cassidy Citizen at Large Office: 715-7100
424 Palm Trail Home: 731-4928
Delrav Beach, FL 33483
Vacant MADDADS Office:
Home:
Vacant Clergy-Ministerial Office:
Association Home:
11/30/2007 Danielle Gallo Parks and Recreation Office: 243-7277
SON. W.1stAve.
Delrav Beach, FL 33444
11/30/2007 Jeffrey Messer, Chair PBA Office: 243-7841
Orig Appt 1997 300 West Adantic Ave.
Delrav Beach, FL 33444
11/30/2007 Edward Smith Police Dept Office: 243-7847
1560 NW 220d Avenue
Delrav Beach, FL 33445
11/30/2005 Jennifer Buce, Co Chair Other Representation Office: 243-7138
Org Appt 04/97 100 N. W. 1st Ave.
Delrav Beach, FL 33444
11/30/2005 Francis Moschette Other Representation Office: 243-7820
300 West Atlantic Ave
Delrav Beach, FL 33444
Contact: Jeff Messer - 243-7841
SIc">, a.,k/B"",d 03/Ki<k & Cops
VICky Strausman - 7853
p~""'':B~P1
~
1993
2001
II ;r/o ~
RECEIVED
CITY OF DELRAY BEAcVtN 1 ? 2006
BOARD MEMBER APPLlCAI'I1OJi.ERK
2.
City
City
3. Lega1 Residence:
4. Principal Business Address:
IOD l\l-W {)1- ~
5. Home Phone: Business Phone:
~I ';).78-3/0 I
6. Are you s registered voter?
Ci
~~Wc.h
E-MsiJ Address:
Cell Phone:
State Zip Code
1=1 33'183
Fax:
7.
9. Educational qualifications:
fUNj~
10. List lUly related professional certifications lUld licenses which you hold:
II. Give your pr
12. Describe expeJiences,skiIls or knowledge which quaIily you to ICM: on this board: (Pleue attach a brief resume)
I h=by certify Wt all the above ststements are true. sod I agree sod undersWld Wt any misstatement of ma.tetiaI facts
con . ed in this application may cause forfeiture upon my pan of any appoinanent I may receive.
J :)/1 /05
DATE. I
Note: This spplication will remain on file in the City Oerk's Office for a period of 2 yeus from the cbte it was
submitted. It will be the applicant's responsibility to ensure Wt a eutrent application is on file.
I>CITY~TIOOI
5ep 15 05 09:22a
Major-Hanna
561-278-1822
09/14/05 WED 11021 FAX 5612433774
DB-RAY BEAcH
~
f'l ii!
1993
2001
CI TY CLEl!lL.
CITY OF DELRA Y BEACH
BOARD MEMBER APPLICATION
Pl...se or riot the IOU
1. u.tName:
mo
2. Home Address:
'S~O
3. Leg>.! Residence
S 3"0 S h
4. PrincipaI.BusiAes.
Nune E. l ( e..rJ
City [)-J ;c. t3e.
City
bdr-a t?<!...4-.
City
c;.
L.J G.
~
WG...
55:
5_ Hom.~ Phone: Business Phone:
SG.I-)'1~-1&1-. '~~"-----~
6_ A= you ,. regis~ vote<?
.5
7 - Wlut Boucl(s) 2.CC you iaa:.cestcd in saving? Please lisr in or.det o~ pCt':fec~oo::;
E-M:UI Address: C'. Cell Phone:
<2..-/"r>..Q.jer hGi."'...-u:..~
, e--<-l\ ><>"Jl-. _.JJCk, 1.1- ;J.Sf- .?o'bJ..
If so, whe.re ue you cegistJ:.t:ed?
0\; c "---
N,,-~
G.d. ,_y. <:, C f'
boc;rJ
h,t1S
c..
tly se:rring 0(' have PJ:evl.ou.s y se:cved: (p~e include d:u:es)
8. Li.s, aJl City Bouds 00. which you "'"
r-J
10. List any rwted professiorul c.,mnc,.tton.s :and licen.>es wbich you hold:
I I. Give youe pl'eSent, or most reoent eDiploya, and position;
P"-I e, :-r f3. a.~'
It-
.
'12. Describe aperi""-"",,,.kil4 0< kno-..l<dce whiCh qualify you tt> san ou <his
~ v.....__r-::. ,..--..- 0
p_2
f;!j002
f-/<;:-Dj
M.I_
s...tc
Fox:
~;: i't~~
oS
-A"P~
\T, c....__
TcY'--
I hc:ccby cc.r:tify tb:a.t all the 1l~ st:ltCJ:l1~ts 1l,[C t:ru..c;. a.nd I :&grec and uodc.r:stand Ii:J...J.t any cn.isstatcmea.t: of lll:a.teri2! f2C1'S
contained in this Rppli.a.don may Clluse forfei.l11rc upon m.y part of 2(1f .appointment I m:.lY receive.
8~~~~ . . CJjIS/O:S
SIGNATURE - , DAm I
Note This "ppli=tioa will re.<D.2in on file ill che-Cio/ Clerl<'s Office for,. period of2 yeus &0= the tbtc it..,.."
submitted. It will be the "Ppli=nt's <copon.sibility to cosme dut " cu.a:ent ..pplk::uioa is on 61e.
S'CIl'Yi"'f_~-oIll'J7\A.I'I'UC"',:UON
RECEIVED
SEP " 2005
CITY CLEf\K
/Jrn 1;/ .J~7t
'iiir
1993
2001
\'J€,O
f>..~GE. ..
fl.~ , '1 'L\\\\~ .
CITY OF DELRAY BE~C~ C\..'f;.~'f...
BOARD MEMBER APPL~'lTION
/I~J~rt
PIcas . th foll . . r.
e type or Dnnt e m otmallon: .
t. last Name: /'J1{, Name M4rJC/.S' . M. L c:-:
OS-OlE, TE
2. Home Address: 3 t-J. 411t1n p'c.. A bE- City )e~ ;1c-# Sta~ ~ Code
00 - Yf'y
3. Leg2I Residence: City State Zip Code
s::; ..$
4. Principal Business Address: City State Zip Code
5'~
S. Home Phone: Business Phone: E-Mail.Address: Cell Phone: Fax:
(9~),;gy' /HI 'T~/) ;l.ft3-7.f'.Jo oAi Fr!e.. - -
6. Are you a registered voter? If C S If so, where are you registered? Fz.
7. What Board(s) are you interested in serving? Please list in order of preference:
Ie 1I).r ~ IV - U/S' ~",.;; ~
8. list all Cit). Boards on ".hich you are currendy serving or have previously served: (please include dates)
/:1/);- A;- C J.P' f Djri?A?: f-k
9. Educational qualifications: A A 07..t1',..~
10. list any related professional cenjfjations and licenses which you hold:
A/he ~-t_ . .
11. Give your present, or most recent employer, and position:
{'I +-; ~ D.8. A;;:c.. .>. .....
~-/" -
12. Describe experletlccs,.ikills or knowledge which qualify you to serve on this board: (please attach a brief resume)
.
I hereby eertify that all the above statements are true, and I agree and undmtand that any misstatement of material facts
contained in this applicati rye forfeiture upon my pan of any oppoinanent I may receive.
r Le->" ~ Ph#r
I 'iJ6NATlJRE. DAlE ,
Note: nus appJiation will remain on file in the City aerie'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 appJiation is on file.
I'CItY~TION
,_ I:;;}o '6
riEvi-- '
JAN 1 ? 2006
, CITY OF DELRAY BEACH -fJ,i"
BOARD MEMBER APPLICATfiJi< CLt: · "
t.
2.
Name
3.
4.
7. What B
d in serving? Please list in order of preference:
8. LiSI all Cit)' Boards on ,,'ruch )'OU an: currenrIJ' serving or have previously served: (please include dates)
9. Educational qualifications: 5
. .
. Beations and licenses which you hold:
Note: . s application will remain on file in the City Oerk's Office for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
~11001
MEMORANDUM
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGE~~
AGENDA ITEM # C() - REGULAR MEETING OF FEBRUARY 7 2006
APPOINTMENT TO THE NUISANCE ABATEMENT BOARD
TO:
FROM:
DATE:
FEBRUARY 3, 2006
At the City Commission meeting of January 17,2006, alternate member Mr. Philip Friedman, was
appointed as a regular member. Ibis creates a vacancy for an alternate member to serve an
unexpired term ending March 31, 2007.
The Nuisance Abatement Board was established by Ordinance No. 59-96 on January 21,1997,
for the purpose of hearing evidence related to the existence of certain public nuisance on
premises located in the City. The board consists of five regular members and two alternate
members. Members shall be residents of, own property, own a business or be an officer, director
or manager of a business located within the City, and are appointed by an affirmative vote of at
least four members of the City Commission.
The following individuals have submitted applications and would like to be considered for
appointment:
Gerald Franciosa
(also applying for the Police and Firefighters Retirement System
Board ofTrostees and the Code Enforcement Board)
Linda Leib
Arline Sherman
A check for code violations and/or municipal liens was conducted. None were found. Voter
registration verification was completed and all are registered.
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 March 31, 2007.
Recommend appointment of an alternate member to the Nuisance Abatement Board for an
unexpired term ending March 31, 2007.
NUISANCE ABATEMENT
01/06
TERM REGULAR MEMBERS OCCUPATION TELEPHONE
EXPIRES
03/31/2006 Greta Britt Coordinator Home: 495-1614
Unexp AI,02/01/0S 867 Sunflower Avenue
Unexp reg 02/15/05 Delray Beach, FL 33445
~nt 03/15/05 re.
03/31/2007 Philip Friedman Real Estate / Home: 276-2207
Unexp Appt 03/01/05 960 Allamanda Drive Financial Aid
Re-xppt Reg03/31/0S Delray Beach, FL 33483
Unexn... AnntOI/17/06
03/31/2007 Kenneth Kaltman Financial Manager Home: 274-6751
Unexp Alt 03/01/05 608 N. Swinton Avenue Work: 330-7645
Re-appt03j31tOS reg Delray Beach, FL 33444 Cell: 870-4859
03/31/2006 Susan Kay, Chair Case Manager Home: 495-7848
Appt 03/11/04 reg 2571 Hampton Circle North Fax: 495-1287
Alt 11/18/03 Dekay Beach, FL 33445
03/31/2007 Todd L'Herrou, Vice Chair Web Designer Home: 278-2415
Appt03/31/0S 830 Kokomo Key Lane Work: 272-3200
Dekay Beach, FL 33483
POLICE LEGAL ADVISOR
Catherine Kozol Work: 243-7822
Secretary: 243-7823
ALTERNATES
03/31/2007
Unexp Appt Vacant
03/31/2007 Eileen Marks CSR/Banking Home: 266-8494
Appt 04/15/03 371 Coral Trace Lane
Appt Reg02/IS/OS unexp Delray Beach, FL 33445
Re-ooo, Alt 03/31/05
BOARD COUNSEL
Steve D. Rubin, Esq Work: (561)391-7992
980 N Federal Highway Fax: (561)347-0828
Suite 434
Boca Raton, FL 33432-2704
Contact: Venice Cobb
S/City Clerk/Board 04/Nuisance Abatement
FROI'! : f;ER-S;"'I!
V~-'lq"'J:) l.t1L
1.~: ;J:j t'AJ. ~tli ~'1:S:"/ '/4
"""9. 04 2[J[Ju7~!W'
<?/tffJ
CITY OF DELRAY BEACH E.CE.\\lE.O,
BOARD MEMBER APPLICATIOi, II '2.\l\l5
' ~\lG - '/..
v c\.e.?\
crt', ,
FA>< 110. : 5612660746
l:l n: CLI:ltu
OfUtAY BEAcH
~
;iJre
1993
:<001
Pl...." type Ot print the following infom>..non:
1. we NlIme:
M.L
tJ
ElJE {'T
3. r..,p Rasida.ce; S ~
4. Pzincipo.l,Susin"".1I.ddt=:
"
2.
City
City
Stoctt
City
Sto.re
Zit>co&
I
)- H:oll>e Pb.:>ne:
6 bl HI, 0607- '
6_ Ar... you. J;<>gistored vo_?
'Buoin= Phone:
E-M-<il1l.dd<co",
CeUPhHk -f5Jj~6 tJftlb
you c".;stered?
7. Wlut Boud(~) ...e you interes, in.cr-ricg? Ple.sc.li.t in o<der .,f P<~=c;::
, fr'N"d C (//r7ff/; cs ,
8. Lis, all Ciry Boord. 00 wb.icb you"",, CUtteudy ,erring 0< have previously .=ed: (1'1:.0.. .wclud.: cia....) ;/(),-Vet"
~~~ci~ <1uW#l~ti<"~$; :B
10. J..ist any zelated prof""sioWll eettifi<ati",uo an.;lliec"""" which you hold
U:-Gi<>e yOur present;. or mO$t recent eaiployer, and posicion; ~d'
12. D..a:iJx c;r;pe>:i...""", .1dJIS or knowledge ""hi& qw.Jifr y.:>u to =e 0<1 thi, board: (P[.,.. :uuch .. bcicf rosume)
. - . t ~ ~e ..t..,ve tan.",.. .oxe <<u'" and I agree and tl.O~=d we "f7 mi.s,"'tcmeat of o"tW1 faet.
.. "''''--,-",.......,.,., -"~o,~,.wo~=;,~ .
applico.tion ">ill ~ on file in tb.e City Qdk'. Offic.e for a peoIod ot 2 y= from the <htc it"";'
ba>it!l:<<I. It.....;u be the applicm6 J::""po~io/ '0 <'=men:b..t .. euttent appUation io 0<1 file.
~~"-Ul"'-rtU'CA.1!O..
A1I-AmllIIcaCIty
, , II J!
1993
2001
CITY OF DELRA Y BEACH
,
BOARD MEMBER APPLICATION
I ' I
tJ.$/ t7t- ~R'
,""i-'O'..-j.D-."
*****
2.
3.
---
4.
City
State Zip Code
I
6. Are you a registered voter?
,CI.
If so, where are yo
5. Home Phone:
Business Phone:
Cell Phone: Fax:
7.
11.
I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts
cont - d in this applic . on may cause forf' e upon my part of any appointment I may receive.
RECEIVED
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 respo6.t>lh't e~at a current application is on file.
S\CITYCLERK\BOARD\APPUCATlON
DA
51 NATURE
..,.....n.n I ......."''-11
, ~ 0 . , D ~
/ -j
;Ut1/7~
(lcJ /&7
*****
A1l-Amer1caCIty
, , II ~!
1993
2001
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
Please tint the followin information:
1. Last Name: SHep.,,""'AN
2. Home Address:
31 g S' IJ. 'J/. I ta S-r.
3. Legal Residence:
,sPiI5=
4. Principal Business Address:
Name AI?L.iN IE.
City
M.l.
]),
Zip Code
City
Zip Code
-
-
City
State
Zip Code
"'It
5. Home Phone:
-
- -
Business Phone:
E-Mail Address: Cell Phone:
Fax:
-
,
6.
7. What Board(s) are you interested in serving? Please list in order of P eference:
fluIS,~t!e
.8. List all City Boards on w i h you are currently serving or have previously served: (please include dates)
#
11.
s board: (please attach a brief reswne)
~7
PttlT
-
, e., SreotJf 0'
I hereby certify tliat all tHe above statements are e, and I agree and understand that any misstatement of material facts
contained in this application may cause forfeiture upon my part of any appointment I may receive.
~ ,~.~___ RECEIVED
~I NATURE JAN 1 0 2005
I fJla..r
DA
Note:
This application will remain on file in th!f.P~-P~ K>ffice for a period of 2 years from the date it was
submitted. It will be the applicant's ~b;(sibilktt'" 'ensure that a current application is on file.
S\CITYCLERK\BOARD\APPUCATION
MEMORANDUM
TO:
SUBJECT:
MAYOR AND CI1Y COMMISSIONERS
CI1Y MANAGER{1?V1
AGENDA ITEM # q ~ - REGULAR MEETING OF FEBRUARY 7.2006
APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY
BOARD
FROM:
DATE:
FEBRUARY 3, 2006
The term for Ms. Nancy Iierle, representative of the Atlantic Avenue Corridor between
Swinton Avenue and the Intracoastal, expired on January 31, 2006. Ms. Iierle has served two
(2) full terms and is not eligible for reappointment. This creates a vacancy for an individual
to represent the Atlantic Avenue Corridor between Swinton Avenue and the Intracoastal.
The Parking Management Advisory Board was established by Resolution No. 88-97 on
December 9,1997. The purpose of the Board is to advise and provide recommendations to
the City Commission regarding parking management policy and related issues including but
not limited to, the planning, financing, development, construction and operation of parking
facilities within the boundaries of the Transportati{)(l Concurrency Exception Area (rCEA),
as well as, all public parking areas located along State Rgad AlA within the corporate limits
of the City.
The following individual has submitted an application and would like to be considered for
appointment:
Mark Denkler
Vince Canning Shoes
A check to confirm that he is a registered voter was completed. He is 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
one (1) regular member to serve a two (2) year term ending January 31, 2008.
Recommend appointment of one (1) regular member to the Parking Management Advisory
Board for a two (2) year term ending January 31, 2008.
01/06
PARKING MANAGEMENT ADVISORY BOARD
TERM MEMBERS CATEGORY TELEPHONE
EXPIRES
08/31/07 Mark Krall, Chair P&Z Home: 330-0215
Appt09/09/03 1405 S Federal Hwy #141 Office: 276-7424
R"'ppt 11/22/05 Delray Beach, FL 33483 Fax: 278-6909
Rarified 12/13/05
08/01/06 Ronald fuldabaugh Chambers Office: 243-3073
Appt Unexpired term~ 976 Banyan Drive Home: 279-9555
03/20/01
R"'PPt07/02/02 Delray Beach, FL 33444 Fax: 274-4849
lkappt07/20/04 Email: chefron2(a}aol.com
07/01/07 Thomas F.Carney,Jr. CRA Office: 330-8140
Appt 07/24/03 1219 Vista Del Mar Drive Home: 272-5010
Rarifi<d 08/19/03 Delray Beach, FL 33483 Cell: 330-8233
Reappt 07/28/05
Rarified 09/06/05
09/30/04 WARC Fax:
Vacant Cell:
Email:
08/01/06 Richard Sheremeta, V-Chair DDA Office: 243-8700
Appt08/06/02 310 Southeast First Street Home: 265-1576
Reappt 07/20/04 Delray Beach, FL 33483 Email:
rs hws{ai,beIlsouth.net
The representatives above are ratified by the City commission.
The representatives below are appointed bv the Citv Commission.
01/31/06 Nancy Lierle Adantic Avenue Corridor Office: 278-3399
Appt 02/19/02 429 East Adantic Avenue Between Swinton Avenue Home: 272-3323
Reappt 01/06/04 Delray Beach, FL 33483 and Intracoastal Fax: 278-3399
01/31/08 Jeannette Dobson Adantic Avenue Corridor Office: 243-1794
Appt 02/01/05 Unexp 700 W. Atlantic Avenue Between Swinton Avenue Home: 637-4074
ReapptOl/17/06 Delray Beach, FL 33444 and Interstate 95 Cell: 445-1694
Fax: 637-1675
01/31/08 Jorge Ramos Atlantic Avenue and State Office: 789-5668
Appt 01/06/04 34 South Ocean Blvd. Road AIA Corridors and Home: 338-0690
(resumed his term) Delray Beach, FL 33483 lying East of the Email:
ReapptOl/17/06
Intracoastal Waterway Jorge@CaffeLunaRosa.com
01/31/06 (Wilbur) Joe Gillie Old School Square Office: 243-7922
Appt 02/19/02 51 North Swinton Avenue Historic Arts District Home: 272-7933
Reappt 01/06/04 Delray Beach, FL 33444 Fax: 243-7018
Email:
directorlnloldschAAl.or~
01/31/07 Melvin Sacharow Citizen-at-Large Office:
Appt 01/07/03 2560 Riviera Drive Home: 243-2857
Reappt 01/04/05 Delray Beach, FL 33445 Cell: 445-6863
Email:
melsacharowlnliuno.com
01/31/07 Troy Wheat Citizen-at-Large Office: 266-6762
Appt 01/06/04 Unexp 1022 East Atlantic Avenue Home: 737-1308
Reappt 01/04/05 Delray Beach, FL 33483 Fax: 265-0816
Email:
Troy.D.Wheat@SmithBarn
eV.com
Contact: Scott Aronson - Parking Management Specialist 243-7286
Commission Liaison: Patricia Archer
PARKING MANAGEMENT ADVISORY BOARD
ALTERNATE MEMBERS
01/06
TERM MEMBERS CATEGORY TELEPHONE
EXPIRES
08/31/06 Diane Borchardt P&Z Home: 272-1196
Unexp Appt 12/19/05 625 Heron Drive 8ffice: 515-6550
Ratified 01/03/06 Delray Beach, FL 33444
08/01/06 David Cook Chambers 5"ffice: 276-4194
Appt 07/06/04 901 Southwest 33'd Place Home: 732-4193
~oynton Beach, FL 33435 ~ax: 276-4190
07/01/06 ~renda Montague CRA Pffice: 278-0300
Appt07/06/04 ~44 3 S Coral Trace Circle !Home: 272-0257
belray Beach, FL 33445 Icell: 703-7997
09/30/06 Roasalind Murray WARC !Office: 276-8640
Appt 07/06/04 3138 Via Poinciana #411
,-,ake Worth, FL 33467
08/01/06 Perry DonFrancisco DDA Pffice: 278-3364
Appt 07/06/04 40 S Ocean Blvd !Home: 361-8284
Delray Beach, FL 33483 !Pax: 278-3328
Contact: Scott Aronson - Parking Management Specialist 243-7286
Commission Liaison: Patricia Archer
DRRAY BEACH
, , 0 . I D /II
/eJ-j /07
CITY OF DELRAY BEACH, RECEIVED
BOARD MEMBER APPLlCATIONC
DE n 1 2005
CITY CLERK
*****
;i ire
1993
2001
information:
1. \) e.n ~u' Name fV\ ArK
2. Home Address:3~t> PW J:!:. St~t.
5'-
3. Legal Residence: State Zip Code
s.~,...e..
4. Principal Business Address: City State Zip Code
>>~ &. !t--tIJvl'h'c... ~c. 1)t1 t~ H- r>lfY'
5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax:
Z:h~'l.f7'f') 2.-7b-f,S70
6. Are you a registered voter? li If so, where are you registered? L
7. What Board(s) are you interested in serving? Please list in order of preference:
CR
8.
or have previous y served: (please include dates)
9. Educational qualifications:
g ,. If"
10. List any related professional certifications and licenses which you hold:
11. Give your present, or most recent employer, and position:
'?r; ;t ''''''' /,., .)
12. Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume)
:r ' k. \ I!..- ~ vJ~ 'h> II hAv(' v, ;
\)",,\r:
I? titr 3'S"
.:L h
,,"
1'-,)
SIGNATURE
DATE
Note: This application will remain on me in the City Oerk's Office for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on me.
S\CI1YClElOOBOARD\APPllCAUON
MARK DENKLER
320 N.W. 9TH STREET
DELRAY BEACH, FL 33444
EMPLOYMENT
Canning Shoes, Inc. - President and owner of Vince Canning Shoes at 335 E. Atlantic
Ave. since 1994. Third generation operator of retail shoe store started by my grandfather
in 1952.
Fuji Bank, Houston Agency - Vice President and Assistant Manager of the Corporate
Finance Department. Responsible for new loans totaling over $1 Billion as well as
managing a total loan portfolio of over $2.1 Billion.
Fuji Bank, Houston Agency - Assistant Manager of the Credit Control Division.
Supervised Credit Analysts in their preparation of credit reviews of the corporate clients.
FirstCity Bank of Houston - Lending Officer in the Corporate Lending Department.
Lending officer concentrating on loans and cash management services for national
corporate clients of the largest bank in Houston.
First City Bancorportation - Audit Supervisor in the Audit Department. Prepared audits
of the operations of the bank as well as loan documentation of the Lending Departments.
COMMUNITY ACTIVITIES
National Shoe Retailers Association - Director since 2003. Chairman of the
Informational Resources Committee and member of the Finance Committee as well as
advisor to the formation ofthe Independent Footwear Buyers Alliance.
Rotary Club of Delray Beach - Board Director since 1996 and President 2003-2Q04
First Pr.esbyterian Church of Boca Raton - Elder 2000-2003. Member of the Finance
Committee since 1999 and Chairman 2001-2003.
Delray Merchant's and Business Association - Board Director from 1995-2004.
Chairman 2000-2002.
Delray Beach Chamber of Commerce - Ambassador from 1994 to 1998. Finalist for
Small Businessman of the Year in 2001
City of Delray Beach - Member of Visions 2005 Committee and Member of two
Commissioner's Visionary workshops
Leadership Delray Beach - Graduate of Class of2000
EDUCATION
University of Texas at Austin, BBA - Finance
MEMORANDUM
TO:
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~.
AGENDA ITEM - REGULAR MEET! G OF FEBRUARY 7 2006
APPOINTMENT TO E POLICE AND FIREFIGHTERS RETIREMENT
SYSTEM BOARD OF TRUSTEES
SUBJECT:
DATE:
FEBRUARY 3, 2006
Mr. Kenneth Rubin, regular member of the Police and Firefighters Retirement System Board of
Trustees, resigned effective December 2, 2005. This creates a vacancy for a regular member to serve
an unexpired term ending June 30, 2006.
In accordance with Section 33.65 (A) (2) of the City Code, the City Commission appoints two public
members of the Board of Trustees. All members must be either a resident of, own ptoperty, own a
business or be an officer, director or manager of a business located within the City of Delray Beach.
All appointees must take an oath of office.
The following individuals have submitted applications and would like to be considered for
appointment:
Gerald F ranciosa
(also applying for the Code Enforcement Board and the Nuisance
Abatement Board)
Adam Frankel
Glenn Schuster
(currently serving on the Code Enforcement Board)
Alexander Simon
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 a
regular member to serve an unexpired term ending June 30, 2006.
Recommend appointment of one (1) regular member to the Police and Firefighters Retirement
System Board of Trustees for an unexpired term ending June 30, 2006.
.,.
POLICE & FIRE FIGHTERS RETIREMENT SYSTEM
BOARD OF TRUSTEES
(No Term Limits)
11/05
TERM EXPIRE.<; REGULAR MEMBERS APPT BY TELEPHONE
Indefinite Wtlliam Adams, Chair Fire Chief Office: 243-7420
To mepIacJe Ricbatd Murphy Assistant Fire Chief
elf"""" 04/23/02 Fire Department
Indefinite Captain Mark Davis, Vice Chair Police Chief Office: 273-7872
Police Department
04/22/2007 Melvin Sachatow City Office: 243-2857
App<OS/I7/OS 2560 Riviera Drive Commissionci:s Cell: 445-6863
Deltay Beach, FL 33445 (2 yr term)
04/22/2007 Sergeant Brady Myers Police Dept Office: 662-8997
App< 04/22/05 Police Department
06/30/2006 Vacant City Office:
Unexp term Commissioners Home:
(2 VI term)
04/22/2006 Officer Charles M. Jeroloman Police Dept Office: 243-7800
Reoppt 04/04 Police Department
04/22/2007 Lt. Joe Ligouri Fire Dept
App<04/99 Fire Department
Rappt 04/01
Rappt 04/03
~04/OS
04/22/2006 Lt. James Tabeek Fire Dept Office: 243-7426
Uncxp App< 10/05 Fire Departinent
Mayor Perlman (Mayor is sitting .
member)
Contact. Anne Woods 266-0512
(fax) 265-0616
S/Gty Clcd</BOud O4/PoIice & F.. BoanI ofT....""
Page 1 oft
,.
Cobb; Venice
From: CObra5pto@aol.com
Sent: Friday, December 02,200510:45 AM
To: Cobb,Venice
Ce: Perlman, Jeff (personal email)
. Subject: Re: From Ken Rubin
To: Venice Cobb
City of Delray Beach
100 NW 1 Ave
Delray Beach, FL 33444
December 1, 2005
Dear Venice:
I hereby' resign from the Board of Trustees of the City of Delray Beach Police and Fire Pension Fund. Due to.
potential liability and conflicts of interest with the recent public disclosures pertaining to the fund in conjunction
. with Federal and State Securities and Insurance Licenses I hold, I am unable to remain in this position.
I hope to be able to serve on the future on other city boards that do not have exposure to my personal conflicts
of interest.
. Sincerely,
Kenneth S Rubin
695 Enfield Ct
Delray Beach, FL
561-350-5991
cc: Jeff Perlman
IVV2005
'.
FROI'I : GER-SHII
V,)'lq,"IJ:) Hi!.
1.j::',:} I'Aj :>tJ.l~~3:.s"t"I'
Hug. 04 20lf~;t~!W'
?jtf/eJ
CITY Of DELRAY BEACH .. E.CE.\\IE.O
BOARD MEMBER APPLICATIOJi. b 1\}\}'i
~\\G - ~
v c\..e.~
crt'l .
FH>\ 110. : 5612660746
Cl n: CLI:lill.
OfUU.Y BEACH
~
i'1f~
1993
2001
iJ
. E7JE ~T
3. 1.cg>I R.o.Ubce; S Ilmf;
4. Principal.B.,.;""". Add=:
infOID:lation:
hLL
-I
2..
City
City
City
St:o.r.,
Zit' Co&
I
7. WhttBoatd(.) .."youin'er.., in'~Pl"""elis'in~<dor"f~=c<=
)- Ro.""e Phone:
S hi ~(,/, o60r' .
6_ Au you.. .c<>gUto:ted vo=?
"l\uUu",," Phone:
. !+-,,v. vnrn; c;S
8. Lis, all City Board. 00 which you."., cw:rcudy scrriD.g 0< have previously.ctVeJ; (PI=><. ino:Iu.k cia",.) ;V'o W
\. ). Educ..cio.p.U qu<Ui.fl<&lic'a,., 13
to. Ust any 1e1ato:! pro&uiowd ~tio"" aJl9.liCCRGCO which you hold
U:-GW. row: prcs~ or= recent eniployer. and position; UJ'
12. Describe aped""=. skills or kn01rl!edge whiCh qu>.Jify you to serve "<l <his booud: (?leue 2lI1cn . bcid'r..wne)
. . . t ~ ~e o.hove ='" .are <<u" and I og<ee and tlO~=d lint "frmis'''''""nen, of O1u....l &d>
"'..'..-_n____~~o,_~- .
-;7 . ~ ).f) f!- ~
1).,<_
. applics.tion will r....w., on file in th.e City Qcrl:'s Offic.e for.. pe>l.<Xi of 2 y= from the chtc it ""'"
bmil!ted. It will be the "pplicme. rcspOJ>Sibtuty to eD",rrcd)>-( a =t "Pplication is "'" file.
" 3'aTY~~R'UC\.~
" )
DBJiAy 1lEA0l
~
lIII: . ..........
, 'II t!
1993
2001
'1'5t("J ~~
a 0~
~"-. '/f-...
CITY OF DELRAY BEACH 0?; ~'o ~o
BOARD MEMBER APPLICATION f- 0( ~
~~-t
information:
l..M I.l.VA\"0l1> et..~ <;1";. L...l
5. Home Phone: Business Phone:
Name A<)A-M.
Ci
~IZ. fS fiA <i
City .
1)E:u
City
~ ~..
E;-Mail Address:
U)- t~"lrt ~vL.-J1\..) ~~.
6. Are you a registered voter? \ t'". I so, where are you registered? .f'l
\Z. rl-Il,1(.
7. What Bo:u:d{s) :u:e you interested in serving? Please list in order of preferenCe:
State
FL
M.l.
L
Zip Code
3J'i { ~
Zip Code
.33'161
Zip Code
~'OL
R41-'teL
2. Home Addres'ti..
~'t~ s- tJ W (2.. Sr It" A-
3. Legal Residence:
\Sb JJ €.-Io fI-. ,We. f" L.
4. Principal Business Addr s:
1Yw-Vr-
State
FL
State
FL
Cell Phone:
Fax:
~.l- ))1..)
?-'1'-(- 01'('0
.
'. ..\\C..(' fJ..<-o r(r"-. - (Jv-, T2..(.\~",-~, r<.-- o/o-"-O':>f- 'l'\Z.P~'"('i.<-::>
8. - . List :ill City Boards on which 'you are currently serving or have previously scived: (Please indude dates)"
--
9. Edualttonal qualifications' I r-T
/tel.. ~r 0(- ~'0 - I k {)c..,- c; 1)+<';... UNIiJ<:..... S
0[<\ DOl...(br Ut"IU,-^H 0"'- TO(<;.[)b
10. List any related professional certifications and licenses which you hold:
,4.0........... v... - - (. r< 0... II--\.
11. Give your presep.}. or most cent employer, and position:
SL I~ i:.---. - or(->
~
12. Describe experiences, skills or knowledge which qualilY you to serve on this board: (Please attach a brief resume)
~
I hereby certify that:ill the above statements are true, and I agree and understand that any misstatement of material facts
ro~ in ~cal1o:(ma04e forfeiture upon my part ()f any appointment I may receive.
..tJ~,.. "iJ : ' . l~l 7,'1(0\
SIGN"AiURE . DAlE' .
Note: This appliCation Will remain on file in the City Clerk's Office for a period of2 years from the date if waS
submitted. It Will be the applicant's responsibility to ensure that a current application is on.file.
SlClTVCIEll.K\BOAJUMPPUCATION'
ADAM FRANKEL, P.A.
ATIORNEY AT LAW
200 WESf PALMETTO PARK ROAD
SUITE 201
BOCA RATON, FWRIDA 33432
PHONE: (561) 302-5325
FACSIMILE: (561) 394-{)1.4Q
EMAlL: FrankelLaw@aol.ooffi
'APAML. FRANKEL, Born Toledo, Ohio; December 9, 1971; admitted to bar, 1998,
Florida; 1979, U.S. District Court, Southern District of Florida; 2001, Education: The
Ohio State University (B.A., 1994); The University of Toledo College of Law (J.D.,
'1997). Member, The Florida Bar Association, Florida Association of Criminal Defense
Lawyers, Palni Beach County Bar Association, Palm Beach County Criminal Defense
Association. Practice Areas: Civil Litigation; Corporate Law; Conunercial LaW;
Criminal Law; Fraud Analysis.
Areas OfPradice:
Civil Litigation
Conunercial Law
Corporate Law
Criminal Law'
Fraud Analysis
Representative clients are in the following industries:
Gaming Industry - Domestic and International
'Investrilents"StocksIBondsIFor!;lign
Restaurants and Clubs .
Stocks and Trades - Domestic and International
. Professional Experience:
Adam Frankel, P.A., Boca Raton, FL Solo Practitioner. 2001 - Present
Areas Of Practice: Criminal DefenSe; DUI; Misdemeanors; Felonies; Drug
Crimes; Assault and Batteries; Parole and Probation; Traffic Violations; Domestic
Violence; Contracts; Conunercial Law; Civil Litigation.
"
Office of the Public Defender, 15th .Judicial Circuit, Palin Beach County, FL
Assistant Public Defender. 1999 - 2001
Represented indigent individuals accused of criminal acts in Palin Beach County,
,Florida that were not able to afford an attorney in an office that handles more than
50,000 cases a year.
Appointed County Court Chief of Division "L" in 2000-200 I, which handled one
of the highest misdemeanor caseloads in Palm Beach County.
Served in the intake division located at the Palin Beach County Jail handling
client's First Appearances in front of a judge within Twenty-Four of arrest as well
as misdemeanor and felony arraignments for clients in custody.
Represented indigent individuals at the South County Courthouse located in
Delray Beach Florida handling primarily misdemeanor arraignments, Dur matters
and misdemeanor non-jury trials. '
Education:
The University of Toledo College of Law, Toledo, Ohio, Juris Doctor, 1997
The Ohio State University, Colwnbus, Ohio, Bachelor of Arts, Political ScienCe, 1994
OELRAY BEACH
.. .. 0 . I . ..
Please riot the folIo' info=tion:
1. Last Name: 5 I +
CI")1l5 e.r
2. Home Address:
Y5S5 A t-!W
3. Legal Residence:
ora
P r(' (!/'tI/7!a~L
Sp~ tll tX-li St
CITY OF DELRA Y BEACH J~ ;2L(-lJ1
BOARD MEMBER APPLlCATIBfiCEIVED
MAR ? 4 2005
CITY CLERK
M.l.
(Y)
Zip Code
~ ~'\L\
Zip Code
S ~r ec.-\-
Name G\
e. V\ r"\
City .
Oe.\ fa.
City
P-> c.o...c.. '"
State
fL
State
*****
m~
1993
2001
4. Principal Business Address:
City
State
Zit> Code
5. HoOle, Phone:
I'~:"'
Business Phone:
E-Mail Address:
Cell Phone:
Fax:
b\-'06-0 553
6. ~.tou a tegistered vote{?, If sOb where are you tel:.isteted?
1 c..S . e.ho. Go\~ c.. ')b
7. ~at B?ard( s) are yo.u interested in ~erving! P~e list in order of preference:
* Pol c:.e. -.l- F,ee. BOa-eel o-lr' It'os+ee . "1:" \<.....0'"" 0<.1 co..... ",,\
e("\le,..
'" v"\<:.. O"-fJ.. 0.+ a.- +,~e. ~",J.. ho-.'-'e. e.x ec erlce Wl~\' Oi/"!:'lL <-(SO""'! "-?
8. list all City Boards on which you are currendy serving or have previously syrv~ (Please include dates) ,
o e.... e:..,-ro{c.e.....e~+ aO<>'H~. '-\ 0'& e.-\"'\\ 0,,", c..ccl.e... ~oO;.~o..
9. Educational qualifications: .W C. N\e.p~"-,,,", \-\11!l.... ~c.....oo \) ;To\-.., I o.t.. Co \I e.~e.. () c<\", "'j"....,
tolc.w'{o, Co,\ ,ee. A c...o...e..... N<\.SS.....u Cou"f Ju2>.h,,'4 I-,Ce. Se.<"'e<.- Rc",-J.c..-
c:;...,do.ll.. "J:"'\C.~~, 6eom( t-J'( ...-I-"'~":le. t-l"
10. List any related ptofessional certifications and licenses which you hold: Cee \ eel. ... e.. ':S'" e.C,
Ire. c,",u ,r, {,,,'S Go"'''\ "oJ uS .d\~..,.' L Aw ~e. C..,.....""......\
::s:: CA.\\ ,-\- L...vJ \0\' D'oSe.e"e.( 0< <0 V"'1",,+I-.S 'b~fo(e 0......"'- ",o.Jld. -I"'..", ~
11. Give yow: ptes~t, Ot most. tecent employe!:, and position: ::t: have c-et-.ec.J. a.s .... L I~"-te"o.....:\-
e OM tl-.e c,+ F\('e. t::>c. A.<1-..,.....+ 0.... 3/"1 S e.c. ....~ o..c.\-.,L J..... +" d. C>.~<<.- '" J,."..1.
"'/50 ha.V<"4:' Diso..'ol". """'-\- Y'"l~ , .....o.nth& ,;'" +<o"-\- o~ +'"'~ ~
. 12 Describe elC(?erien;es, skills or kno~edge WhiCh qualify you to serve on t:I.ili board: (please attach a brief resume)
:c $ e....;-:s e.c..~~ \~ en':' ....,~o....\ c _'_ \ +\-,~ cooc-\-s v.)(.("e. Cl.c:.kc.
(.oal"
-/0 I> lIrs+-, ;"j, T........ b ues~ of- fJ,c- $, s-tew<. \..J.. +0 0.. ",,,.l ""or.- 0 <&....""
-I#to rs-lres-s ro,., co",,,/,,;'/ CO" r + 'I'^- -:}i) '-e/ . e. ll'lni e +\..c. r. en/o.) ~
I hereby certify that all the above statements are true, and I agree and undersbnd that any misstatement of ~aterial facts
contained in t:I.ili application may cause forfeiture upon my part of any appointment I may receive.
~ /Y}~ 3-23-05
'GNATURE DATE
I.
Note: This application will temain on file in the City Cletk's Office fot a period of2 years from the date it was
submitted. It will be the applicant's tesponsibility to ensure that a current application is on file.
S\CITYa..BRK\BOAB.D\Al'I'UCAll0N
10
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Ii
\ 2 -1 ", Co.;\+(ol f>oo.<'J.
II -? "~e.-t.> ,",olk c',~'1 f"'~eJ Peons";.,, BeMa.. ......~.~..... ;~ ,^",...ol~';f' csf-
:; 1-"'.... f>oa.(d c-t F,ee. ~c.l'~ {\'\~ ~ ci"I' H",,,, o.."cl. ~\(.~ e~~co.-<s. tJ\y
..rrl~;'Js so..;J. +"';50 Wa.$ 5c-eo.~ J: -to"e.."-.\-- -\-0 lJ,*cv~ '''' .\-\,.., ~"h -r..
,i lou..A.
.,-AV"'I'I .follow up dOcul"1e.-....h+,o.'" fcou:Ae.J.. ;.y ne..d.e..J-.
I;:
i:
.,',
';,
W 561 4990561
Ii!! 2/20/00 (918.:46
[')112
Glenn M Schuster
4585 AN.W. 3rd 8treetDelray Beach, Florida 33445
(561-499-0561)
8uqJalluy of Qualilioalions:
Dedicated pll>fessional with twenty ycans ""Jl<'riCnce. .
Through knowledge oCNFP.A. New York city and building codes, labor laws and hcallh codes,
. FClODer BMr'FDNY, JOCenIJy I have taken lite Florida Fice In.pedor and EMf <><>=e3.
Through. knowJedge of rue suppression and detection slstems of all tn>es. .
Excellent "'pulatiOll. among stiperiixs, city otTh:aIs, buiJdeOl, acchitecls, _ and attom.:ys.
Sharp and <=ativc in problem solving and needs assessmenL
lIMPLoYMllNT HISTORY
3f93-.4f94
llconocaribe ConaoIidatoa lite. Miain~ Florida
Assistont Manager '
Assistant in managing one hun<hd fifty thousand feet of US CuStoms bonded space. SUpelVised warehouse
_polye", taught ..fely and securio/ principles to staff Main~ined accurate inventory and shrinkage controt.
IlI9l-iII92
New York City Fire Department, New Y O<jc.New York Rank Inspector ,
Prefonaed work in the conduct of inspections to detect violations of laws, rulca and regulation which are intended
to ",duoe or eliminate,fire and explosive hazzards or assist in extinguishing fire. Prefonn related work. conduct
inspection and investigation, re..aroh national and New York City fires as well as heallh'codes and labor law. Issue
~mons and ~iolation orders when necessaty.
3181-690
New York City Fice Department New Yode, New Yad<. Rank Court Repre.entative
Evaluate building owners compliance with the New Y ock. Fire PccvcntiOllt NFP A; prosecte Owners Coe violation,
-.Io.1ot intelYieWa and inveatigatioos; reacaroh
'applicable code. to pt"cpare case. Reqommend peoalitica and suggest time for compliance.
3/85-3/87
. New YodcCity Fire Department, New Yoo<;New York Rank Lieulenant
Developed and implem~ procedures to track down build.." that were in violation of The New Yark City Fice
"Law HanbookSupelVised and trained Enforcement Agenl&; SOlVed notices; conducted title searoIte. and
investigatiOl!S maintain aCClDllte service records; advise management of ore.. "'~ Cuther analysis.
, Eduoation
we Mephsm Hi8h School,
. Bellmore, NY lJ7tO ,
High Scbool DiplOlDia 1980
lchn lay College of Crimminal lustice
889IOthAyenue .
Major Fire Science 1980-1986
. New York City Fice Department
lUndolla Ia1snd
BronxNY.
Fn fi8J1Iing. Fin> Inspection, Office.. School
Nassau County Fice Service Academy
Bethpage, NY . , '
Fin: Fighting Advance True!:: Advanced Engine operations ~
,
~ ~ 2./08/01
'I
!~
CITY OF DELftA Y BeACH
BOARD MEM81!RAPPUCATION
;;1 f 15j1Y}
~
l'k>ue 0<' (tho. foIL>' uu~don:
1. u..Nuue:
2.
3. L.q;o1 P"';~~O<'
<~~
.- Paaciptl BlUm-. Add.l..."
Statt>, Zip Colle
City
'"
S...... ZIp coo.
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6.. Ju.c r"" a <<cU,<=d '.-o=:< y IE '''. wher. _yo<1 ~ ' '.",. ,
'E..:"? - .j)G-t... ~A 17. +
7. 'Ulhat Houde') ue fO".,2 io.tuar.d .in .~ P14Ue-Ii.It.ia. aaLx of pc.&n:nce I
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" No..: lbio "l'pli.cali"D - ' oa $e in. tho. Ciq OW:'. Oflioo io.:.. peDod 0(2 ~~ ~ d&.t4 it.....
~ [, will boo tht, .ppLiCI.D(' tlOlpoo.'IihiIity to ewuie <b.t(.. CW%mL spp\icalioa. u~ tiLt- ""'_
/m ta/{jr /~13
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MEMORANDUM
TO:
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER[fr!\
AGENDA ITEM # ~ - REGULAR MEETING OF FEBRUARY 7. 2006
RECONSIDERATION OF THE POLICE ADVISORY BOARD
APPOINTMENTS
SUBJECT:
DATE:
FEBRUARY 3, 2006
This item is before the Commission for reconsideration of the Police Advisory Board Appointments
that were approved at the December 13, 2005 Commission Meeting. This item was originally
scheduled for the January 17, 2006 Commission Meeting and was deferred until February 7, 2006.
At the December 13, 2005 Commission meeting, the following Police Advisory Board Appointments
wete made:
Two Year Terms
L'Tanya Allen
Juan de los Reyes
Joseph Ferrer
Jose Ramirez
Charles Ridley
Three Year Terms
Annette Annechild
Sharon Austin
Joshua Bressler
John Jackson
Andrew Luchey
Jimmy Weatherspoon
On December 16, 2005, Juan de los Reyes resigned from the Police Advisory Board. As a result, the
Commission appointed Sheldon Weil to the Police Advisory Board on January 17, 2006.
S:\City Clerk\agenda memos\CM Reconsideration of Police Adv. Apts 020706
Citv of Delrav Beach Police Advisorv Board - Applicants
1. Allen, L'Tanya African American Resident
2. Annechild, Annette Resident/Business Owner
3. Austin, Sharon African American Resident/Clergy
4. Bressler, Joshua Resident
5. Ferrer, Josenh Hisnanic Resident
6. Jackson, John African American Resident
7. Luchev, Andrew African American Resident
8. Ramirez, Jose Hispanic Resident
9. Ridley, Charles African American Resident
10. Weathersnoon, Jimmy African American Resident
Community
Improvement
f2M3d-
Memo
To: David Harden, City Manager ^ 0\
From: Lula Butler, Director, Community Improvement vv
Date: December 8, 2005
Re: Police Advisory Board - Recommendation for Appointments/Mayor's Advisory
Committee on R.A.C.E. Relations
ITEM BEFORE THE COMMISSION
City Commission consideration of appointing the list of residents/business owners to the Police Advisory
Board as recommended by the Mayor's Committee on RAC.E. Relations.
BACKGROUND:
City Commission approved Ordinance number 73-05 on November 1, 2005, creating the Police
Advisory Board, pursuant to recommendations from the Mayor's Committee on RAC.E. Relations. As
a part of the approval, the Commission asked that applications from interested citizens be forwarded to
the Mayor's committee for review and that they be responsible for recommending the list of potential
appointees to the Commission for their consideration. Forty-four applications were received and
reviewed by the committee at their regular meeting of November 27, 2005. The committee is
recommending the appointment of eleven (11) members at this time, and is asking that the two final
appointments be designated for youth. The committee will assist with the recruitment of youth
volunteers for appointment by the Commission in the near future. The ordinance requires that for the
first year 7 members shall be appointed for 3 year terms and 6 members for 2 year terms. The list of all
44 applications received is also attached for your reference. The Committee is recommending
appointments for 2 & 3 year terms as listed below:
Two-vear Terms
Three-vear Terms
L'T anya Allen
Juan delos-Reyes
Joseph Ferrer
Jose Ramirez
Charles Ridley
Annette Annechild
Sharon Austin
Joshua Bressler
John Jackson
Andrew Luchey
Jimmy Weatherspoon
The youth appointments will complete the required number of 2 & 3 year term members.
RECOMMENDATION:
Staff is recommending City Commission approval and appointment of eleven (11) members to the Police
Advisory Board and authorize the two (2) final positions to be designated for Youth appointments as
recommended by the Mayor's Committee on RAC.E. Relations.
1
~T
08..RAY BEACH
.. .. co .. I . ..
*****
I()/I~bj
CITY OF DELRAY BEACH '''CEIVED
BOARD MEMBER APPLlCA1'aDN2 2005
RECEIVED CiTY CLERK,
OCT 1 2 2005
NamC1l'f 0l4~~
City D J2
'Et... oRA Y V.et)C. /-(
City
State
FJ.-
State
MI'J:
Zip Code
~.l/4L/
Zip Code
mr
1993
2001
Please e or riot the followin information:
1. Last Name: 4 .. I
L- L-€,v
2. Home Address: IO//!- I21ANGo ])/Zlve
3. Legal Residence:
.5AM~
4. Principal Business Address:
..sAM E.
City
State
Zip Code
5. Home Phone:
Business Phone:
E-Mail Address:
Cell Phone:
Fax:
;VaNe S(./-Ug-/ffYP! f1//(.y'/j~ ~'. IP/-6tjQ-/1S7 u/-t8~-.3-55'1
6. Are you a registered voter? 1/ If so, where are you registered? 'J-.., ;1" /1
1 E~ pex: - ~RAry' W/ltMT'/ c..;-rR..
7_ What Boacd(s) ace you interested in servin. Please list in or!ker of preference: A D
/VkGtI ot2-HtJoJ;J VVI f!-YWtlIllC/~' FIlL 0; I+OI/ISo Y Do Ro
8. List all City Boacds on which you ace currendy serving or have previously served: (Please include dates)
ONE
9. Educational qualifications: II' /'..
$' <.:r1U PI/ A-nE
2 Y.e'A.e:s
CU&GG
GuI2S& wo,eK
10. List any related professional certifications and licenses which "you hold
/II077I-.e /?, /.. c.. l4.elous 1It.J/)S~77dN!5 '5.wG
77F/CATGS
11. Give your present, or most recent employer, and E,osition: I
PI3C S; IH k O,crlC:E fIR.. 0f'EClA-L-/S""I
'12. Describe experiences, skills or knowledge which qualify you to serve on this hoacd: (please attach a brief resume)
;W%1<E'Gr /N 1I1/11/1/11rrY /41 Of.. /Vr. M vTG/l.... .L.r7E. ~rz;; 'fkEV/dU6
.6cPEIl/ENCC /1'1 {ktJJlE1<..-rY ,AiA-NA6e:.ME;/V"/, B;e/EP /l1E3:MB :5f!-/P /N
SO,.v'SE, Ie. }/cJA, GuPCfA'T"E 0 ])B (!rnZeN~ AcA-OG7\l1Y
I hereby certify that all the above statements are true, and I agree and understand that any misstatement of materi3l facts
contained ih this application may cause forfeiture upon my part of any appointment I may receive.
oJ:~~',~ , ' . DAn:~,/;~)s
Note: This application will remain on file in the City Clerk's Office for a period of2 years from the date it was
submitted_ It will be the applicant's responsibility to ensure that a current application is on file.
S\CI1YCl.ERK\BOARD\APfUCATION
OURAY BEACH
~
if Ire
1993
2001
!~/; ~61
RECEIVED
CITY OF DELRA Y BEACH T 1 2 2005
BOARD MEMBER APPLICATION OC r.::,. oK
CITY CLt;.n
1. flf'eO-lI L Name MI.
2. Home Address: tJ 5w City . S~ ~ Code
0
3. Legal Residence: City State Zip Code
~
4. Principal Business Address: C~ j)~ State Zip Code
~ :;e- Lt fv> f\v-e- F1
5. Home Phone: Business Phone:
S1/'1?O f2fi Sl-JI '33D2103
6. Are you a registered voter?
E-Mail Address: Cell Phone:
AMi tie frrVlect.; Ie 2-0 ?;: 2. 3 <<""
Q AOL,Cb 2<6" ~ 0 ~
If so, where ate you registered?
Fax: 51>/
::3 30 212'5
7. What Board(s) are you interested in serving? Please list in order of preference:
'PD Wi.G
8. 'List all City Boards on which you are currendy serving or have previously served: (please include dates)
9. Educational qualifications: ,('
, UI\Se IVl
Ps chb loc-y"
10. List any related professional certifications and licenses which you hold:
r , ,-j- Pftv-., I, 't..--:J.-j-
YO 11\ $1"'(1)> cA7.J )ttA1; Gr r. t.U\fl fJ
11. Give your present, or most recent employer, and position: .
, ~ \0 r "" ck. ~
9trt-YJ t--e cLv . ,,j U!.. 0 II c- /'l-1 )" v 177
GooO fvtej..udoJ 4- Co.,t.,,f/IUfll c.c:.t.h/ Cb.-tl,LtUIl/"llo.. M(/\d~
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.
JL L. J-r. ~~ duLJ () 0/ q / hlJ r-
~ DATE
Note: TIlls application will remain on file in the City Clerk's Office for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
S\CflYC~AIlD\APP1.JCA'I1ON
Vita
ANNETTE ANNECHILD
(561) 330-2903 X (202) 285-2035 X E-mail: annetteannechild@aol.com
EDUCATION
1993
1990
1988
1982
1978
Ph.D.; Counseling Psychology
Kensington University - Glendale, California
Master of Science; Counseling Psychology
California State University - San Bernardino, California
Bachelor of Science; Psychology
Regents College/University of the State of New York
Instructor Certification - Integral Yoga Institute
New York City, New York
Associate Degree; Theatre
American Academy of Dramatic Arts - New York City, New York
PROFESSIONAL EXPERIENCE
2000 - Present THE HEALING ARTS CENTER OF GEORGETOWN
Executive Director
1994 - Present PRIVATE PRACTICE
Counsetor - specializing in weight management, addiction, hypnosis, individual and
couple counseling
1990 -1994 MALlBU CENTER FOR EATING DISORDERS
Counselor
1980 -1990
ANACAPIA RECOVERY CENTER
Co-Director Adolescent Recovery
BOOKBUILDERS, INC.
Founder/Headwriter - assisting the book writing process for variety of clients,
including the best selling=,High Tech Fitness=, by Patrick Netter, and AThrough My
Eyes=, by Dr. Charles Kelman
BOOKS PUBLISHED
/ Can Tell Her Anything: the Power of Girl Ta/k (Marlowe & Co., 2005)
Your Man and His Mother (1992, Long Meadow Press; 1993, Berkeley)
Steam Cuisine (1987, Macmillan)
Yeast-free Living (1986, Putnam)
Annette Annechild;$ Seafood Wok (July 1985, Simon and Schuster)
Wok Your Way Skinny: the Thirty Day Menu Plan (Simon and Schuster, 1984)
Falling in Love with Your Food Processor {May 1983, Simon and Schuster
Wok Your Way Skinny (November 1982, Simon and Schuster)
Recipe for a Greae AiTait(Novemoer 1981, Simon alia Schuster)
ANNETTE ANNECHILD
Getting into Your Wok with Annette Annechild (November 1980, Simon and Schuster)
Page two
PROFESSIONAL LICENSES
Marriage and Family Therapist (California, Maryland, Florida)
Professional Counselor (Washington, DC)
Yoga AlliancelMaster Certification Level
MEDIA
Television
Oprah (twice)
Joan Rivers
Regis Philbin (fifteen times)
Hour Magazine (four times)
The Dave Patterson Show (ten times)
AM Cleveland (four times)
AM Portland
Good Morning Washington
Mike Douglas Show
Metro News
People Are Talking (Houston, Boston, San Francisco)
Midday Report
AWhat=s New=;
Sun Up San Diego
Working Mother (nine times)
Good Morning Houston
The Mike and Maddie Show
CNN/Sonia Live (five times
Kelly & Co. (four times)
CBS News (ten times)
Fox Television (three times)
Print
L.A. Times
NY Daily News
Baltimore Sun
The Washington Post
The San Francisco Examiner
San Diego Bee
The Columbian
The Oregon Journal
The Minneapolis Star
St. Paul Dispatch
The Houston Post
American Health
Glamour
Bride
Malibu Times
Shape
Washingtonian Magazine
The Georgetowner
Fitness
Radio
Larry King Live
The Elaine Stein Show
WKTK FM
WTOP AM AMidday=
National Public Radio
WKIIS AM & FM
WKHJ AM
WKSFO AM
WKFI FM*
WKCBS AM
The Larry Roberts Show
WKTRH AM A Tate and Olden=
1993
2001
No. I 441V.l'OI
f\ECE\ t:.
CITY OF DELRA Y BEACH od', 7 'l.\}\}'i
BOARD MEMBER APPLlCATlg\~y CLEf\\(
I tJ ~17 -tJ!
Uct.ll. LUU~,: /::J1AM
...........,..
~-blericaCity
"III!
Ple..se .cio.t tho: ~ollowiui', infouw.uon:_
1. Last Name:
3.
i>II/lc/i
State
L
State
M.L
q,
Zip Code
33' '
Zip Code
2.
Name
S.
SiI'IfJ1.1!
,4. Principal Business Add~ess:
City
State
~ Code
s.
, '
ttd.J271rS"fI...5 .
64 AJe you:). c.egistcred votci?
YES
7. Wh~r Boacl(s) ace you iutuestixl in s
C.IT~' ~
. htLf::!.'i..Jsff. ,.;
E-Mail AddJ:ess: Cell Phone:
L JJ
Fax:
order: o~ p~ef("-..re.nce:
8. I~s( 2.ll Cir:y Boards on which you aT.C curr~...ndJ se.r:vihg or:: haV"e p(eVlously 1,itlve.d: (Pl~sc include d~tes)
9, EducatioMl qualiEkatiou.:
.s ~ eoLL~qlf -1 "~IV, ('A~~~I)'i. /IF 7lI~TJ/.t6p' limo@..
P~5S <5 ~<{ () 11IfI7f!.Si7Y/ (11//111fl-.
10, List any Id..ted pmfessional ce.<UficatiollS and licen.ses which you hold
_~~L. f/1S7DlUJ'- e^t)arTi~Af ~.J}., f'HS7lJu1L. ellRf ctfJ:-TlrICN7/6JJ..r
11. Give your, present" or roost real" eniployer, an~oSition;) ~ ,
c.' Fj<S6N UfIJl5JlLL!!erdtiJJs7 CJlINU.H /)(J..if- presen"i St>,llJjtJR--_f'/r,s'l7>.e
eri~nces ;kiIL; oe knowkdg<cwhiCh qualify you to seLVe ou this bo...d: (pl~e attlch a brief [,,"ullle)
,hv HI ~/lfy-Lb_':L..J,ff..kT.2/!Lf~_~T{'J?;;r R)(VSlFS oP /He- .;KL21'77'J..x:K"
;\I~j.t>t. --r:oi-b/f;f71c",) 12l!:"wl- -nc:ul..:7Vt!;1t-1:>11f /'" -r1f5" CE;",.."'ff.
.__ _< _u_n_.
I hereby caUfy d.lar. -ill dle 3.~ove St3.[dIlents Me ttut; and I agre.e Uld undusu.nd. that ...oy misstatero('"..nt of m.a.{~ fOl.cG
contained in. t:hi5 .applicA'tlon may cause [ot:fcil:W:c upon my pa.c: of aLI,y appoinlrnen( I may receive-
~ /T .2tJOS
DATE
~,~ b:Uk
SIGNATURE
Note: This application will remain 00 file in the'City Cled;:'s Office foe a period of2 years from the date-it was
sllbmil'ted. Ie will be the applicant's responsibility to eeLSur<-' that a cunent application is on file.
. S\aTYa.u.t:lSO,tJtl)VJ'l'uc.-,:nON
(let.17.2005 !::)IAM
No.1441
Resume
SHARON GENISE AUSTIN
Current Position:
Senior Pastor, Cason United Methodist Church
342 N. Swinton Avenue
Delray Beach, FL 33444
(561)276-5302
Previous P03itiODS
Pastor, First United Methodist Church of Riverview, Riverview, FL (2 years)
Pastor, Faith United Methodist Cburch, Miami, Fl. (5 years)
Prior to joining the Florida Conference of the United Methodist Church: .
Chaplain, Vilas Hospice, Broward County, FL
Clinical Chaplain, Jackson Memorial Hospital, Miami, FL
Associate Pastor, Ebenezer Baptist OlUrch, AtJan1a, GA (II years)
Edlleatioll
GRADUATE
Doctor of Ministry Program. Barry University, Miami Shores, FL. (in process)
Pastoral Care Cenific<ltion-Samarillln Cowl5eling Centers, Ft. Lauderdale, 2000
PROFESSIONAL CERTIFICATION (ResidellCY Year)
Clinical Pastoral Education, Jackson Memorial Hospital, Miami, FL..
June 1995 -April 1996
Clinical Pa:ltoral Education Intern Advauced Year, Grady Memorial Hospital.
A tlanta, Georgia (1979,1980)
Clinical Postoral Education In,tem Quarter, Emory and Egleston Hospitals, Atlanta,
Georgia, Summer 1978
MASTER OF DlVINllY
Candler School ofTl1eology, Emory University! Atlanta, Georgia {(979)
Major: Pastoral Care and Counseli,ng
(Advanced courses, i.e., Counseling Issues in Sexuality and
Pef1j()nhood, Theology and Psychology of Faith Development,
Advanced Pastoral Care Methods, P"""'!oral Care of the Alcoholic).
Minor: S)"""'!ematic Theology
UNDERGRADUATE
Bachelor of Scienoo, Berry College, Rome, Georgia (\976)
Major: Psychology
Double Minor: Religion, Philosophy
P. 2
(let. If. ~UU~ I :~~AM
No. I 441
F. :,
Sharon G. Austin
Page Two
PREVIOUS PROFESSIONAL EXPERIENCE
Adjunct Faculty Mentber at Candler School of Theology, Emory University Atlanta, Georgia
Course Title: Women in Ministry
(Cow-se provided an opportunity to discuss practical issues
affecting ministers who are women, and the perspectives
which they offer in this field. (1988)
Adjunct Faculty Member ,Interdenominational Theological Center (ITe) in cooperation with
Urban Training .of AtlaJlta (UTOA) Atlanta, Georgia.
Course. Title: Field Education Refle<.-rion
(Com= eotailed involving third year students ill '.on site' placemelJt
experiences for the purpose .of learning '"y5tems dlat enoble ministry proficien~"y in urban
settings aud experience in worldng with corporate structures along with didactic
component. (1981- 1985)
Clinical Chapl~n (non-state merit) at New Horizons Treatment Center for Women
Offenders, Departmenl of Offender Rehabilitation, Atlanta, Georgia
Cours" Title; Clinioal Chaplain
Responsibilities Included providing various worship opportunities,
developing religious education programs, providing pastoral care and
counseling services, educating tlte cOIOOIunity through varions speaking
engagements, administering religious volunteer program, and assisting with
fundraising for position. (1980-1984)
HONORS AND AWARDS
Recipient of the "Torch Award" in the field of religion, presented by the Atlant1l
Alumnae Chapter Delta Sigma Theta Sorority (Public Service Organization)
Jalluary 1990_
Honored ill "Salute to Women ill the Clergy," by the Gamma Sigma Theta Chapter
of Eta Phi Beta Sorority (a Business and Professional Women's Organization).
Received Certificar" of Special Congressi.onal Recognition far Meritorious
Achievement as part of the celebration, July 1988_
Cited by May.or Andrew Young and the Atlanta City Council for Outstanding work
in th" area of Women and Children. July 21, 1985, was proclaimed .'Reverend
Sharon Austin.' day in the city of Atlanta_
Outsl3nding Young Women of American 1980.1981. 1981-1982.
Southern Baptist Home Mission Board ScholarshIp, 1978-1980.
Membership ill Omicron Delta Kapp., National Leadership Honor Society, Emory University Chapter,
(elected 1979).
Recipient of the Benjamin E. Mays FelloW. ship for Ministry, given by the Fund for
Ibeological Education, New York, NY,1978.
Tuitjon Grant A ward by Candler School of Theology, 1977- 1979.
Uct.I!. :ll.ll.l:--I .i ::~L.A,M
Sharon G. Austin
ECCLESIASl'IC.AL ENDORSEMENT AND Al<'FIUATIONS
Member and Historian (1986-1992) for the New Era Missi,mary Baptist Convention.
Inc. (of Georgia)
Membet., American Baptist Convention, 1984-Present
.. Member of Progressive National Baptist Convention 19&4 -Present.
.. Ordained to the Gospel Ministry, Ebenezer Baptist Church_ August 1981.
.. Licensed to Preach, Ebenezer Baptist Church, April 1980
Member, Ebenezer Baptist Church, Atlanta, Georgia, May 1918.
PROFESSIONAL ACTIVITIES
.. Member, Board of Directors, Atlanta Public Schools Projc:<:t, Cburch/School
Collaborative (1992-1995)
.. Member, Board ofDire>ct"Onl, SAFE Kids of Georgia, (1992-1995)
.. Member, Board of DirectofS. Hannony - Atl~lI)ta's Intemational Youth Chorus (1992-1995)
.. Member, Board ofDuectOfS, Mental Health Association of Georgia (1991-1995)
.. Chairperson, Condler Boptist Studies Committee. Candler School of Theology,
Emory University, (1991-1995)
Member Atlanta Religi.ous Mobilization Against Crime (Fomled by Mayor Maynard
JacksolJ. (199~1995)
.. Member, Board of Dire<."tors, Odyssey Family Coullseling Center (1988)
.. Member and Assista.nt Treasurer_ Board of Directors, Ebenezer lntergenerational
Resource Center, Inc. (1984- 1995)
.. Member, Cancer Advisory Committee Morehouse School of Medicine (1988-1989)
.. Member, Board of Directors, Urban Training Organization of Atlanta (1983-1985)
.. Member, Planoed Parenthood of Atlanta Area (1985-1.995)
.. Member, Board of Direaors. Council on Battered Women (l981-1995!
.. Member, Safer Atlanta t')1" Everyone. spoosored by Atlanta City Govenunent (1981)
PUBLICATIONS
* Published Sennoll. "More Than Precious.. ;, In Sunday MOq)ing Preachinll. Atlanta.
Thomas Ball" Publishers Atlanta. Georgia (1995)
.. "UlJto the Loost Ofnle~," SroHe.1 Care AboutYoll._by MargretGrizlo. to be
published in 1993 by Smileyheart Publications.
· Women in dle Black Chw'ch, "PublishingIVideo Rillllts Relinauished to New York
· University, Soelman Collelle and Morehouse Collell:e Consortium. (1992)
.. Black MatriarchylBlack Church, in Li a 'on Theolo ; Black and Fe . b
Perspectives. Vol. 1. No. 1. (978) Pu lis e by the ck Caucll. and the Women's
Caucus: Candler School of Theology, Emory University, Atlanta, Georgia.
.. Feanued articles appearillg in Ministrv and Mission. published by Candler School
of'Theology, Emory University, Atlanta, Georgia.
Quotes/Interview innumerous News, Magazine and Hardcover publications.
REFERENCES FURNISHED UPON REQUEST
No. 1441
Page Three
~. 4
I
1993
2001
/1/ :1l!J
1ECEIVED
CITY OF DELRAY BEACH OCT
BOARD MEMBER APPLICATION 122005
CITY CLERK
Please information:
\. Last Name: 6~J::SSLEJ<:.
2. Home Address:
'%.2..3S 'AA&SI1'" l>LU>~€ Clfl-CLE
3. Legal Residence:
<. SA(Y\ r=:. 1\ St... >
4. Principal Business Address:
Name ....ioS)\U.A
City:ceuzl\ "E6\c...H
City
St te
L
State
M.1. t\
ZiE. Code~
3.34-1\- ~
Zip Code
City
State
Zip Code
~\
6.
~ Sv.i~t. I 0 130a 12frTo t-I ('f J- 33,,\f1
E-Mail Address: Cell Phone:~' 1 Fax: S(,'
. ~ ~b{es.sW'; ~b~ 1.\3'\'3 ~\ z.. \l 1\-1
Are you a registered voter? e..s If so, where are you registered?PAlm ~ Co~y
7. What Board(s) are you interesled in serving? Please lisr in order of preference: Fa U c.. f ^~"i.5.0(i OAf ~
~r-\ ~11..1030
5. Home Phone:
8. List all City Boards on which you are currently serving or have previously served: (please include dates)
"On e..
~\t \VNusi\.
(' ( ~ri7}i.~ -\bus'C
t 1. Give your present) or most recent employer. and position:
L C:>V/'lSet-
12. Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume)
fe,*~s
S~ che^. ~u-b:;.
I
'on may cause forfeiture upon my part of any appointment I may receive.
Oclo1<(;( II, 1JiJ c;:;
DATE
IS 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\CITYCI.ERK\BOARD\APPLlCA nON
Joshua R. Bressler
City of Delray Beach
Police Advisory Board
Member Application
October 11,2005
12. Describe experiences, skills or knowledge which qualify you to serve on this
board.
The Police Advisory Board will face many challenges as it engages crucial and sensitive
community relations issues, sometimes during times of crisis or in the wake of
unfortunate events, and often in environments charged with emotion and clashing points
of view. For it to perform its function successfully and discharge its obligations to the
community that formed it, the Board will require strong leadership comprised of
individuals who can think clearly, wisely and without bias under time-pressured and
stressful circumstances; who can diffuse heated moments before they boil over; and who
can build consensus among those entrenched in their opposed views. The Board's
members must have compassion toward multiple points of view, and appreciation for the
different walks of life of all Delray Beach neighbors and their law enforcement
professionals.
Serving as General Counsel of a local media company, I rely on and sharpen my skills as
a problem solver and consensus builder every day in a vigorous and diverse commercial
environment. As the company's chief lawyer, I must analyze the salient data at hand,
weigh its impact on those it affects, exercise sound judgment, optimize our strategies,
make deals, settle disputes, counsel senior management, and lead and guide those who
report to me.
My practice of diplomacy, equity, sensitivity and tact earned me appointment to morale-
keeping committees of two law firms with whom I was associated earlier in my legal
career. Likewise, my election as Vice-President of my undergraduate university
dormitory's student council illustrates my long-seated interest in lending personal efforts
to better my community.
Delray Beach's continued growth and vitalization will present new challenges to the
community. Its Police Advisory Board provides an ideal conduit through which I can
volunteer my time and abilities to enhance our community and its members' experiences.
Joshua R. Bressler
2235 Rabbit Hollowe Circle
Delray Beach, Florida 33445
(561) 912-7030
josh@joshbressler.com
EXPERIENCE
PENTHOUSE MEDIA GROUP INC., Boca Raton, Florida
General Counsel March 2005-present
. Counsel senior management and all corporate divisions and administrative functions regarding
legal, business, strategic and regulatory issues arising from business operations, transactions,
litigation and dispute resolution.
. Analyze disputes, formulate potential solutions and mediate their prompt settlement.
. Anticipate and identifY legal issues of concern, and develop legal strategies and solutions, often
with limited time for assessing alternatives and in situations of financial, political and/or public
relations risk.
. Perform and supervise complex legal work arising in the contexts of mergers, acquisitions,
securities offerings, joint ventures, corporate restructurings and commercial loans.
. Manage legal staff of seven, and conduct internal legal issue training seminars for employees.
. Negotiate and prepare complex commercial agreements.
. Prepare legal group budgets, review legal group expenses and invoices, and negotiate service
vendor rates.
SULLIVAN & CROMWELL LLP, New York, New York
Special Counsel April 200 I-March 2005.
. Managed the corporate intellectual property and technology practice.
. Performed and supervised all aspects of intellectual property and technology matters relating to
mergers, acquisitions, securities offerings, joint ventures, corporate restructurings, structured
financings, commercial loans and privatizations.
. Counseled clients regarding legal, business and strategic issues arising from transactions,
business operations, litigation and dispute resolution.
. Presented Continuing Legal Education-accredited law seminars at training sessions and practice
group meetings.
SCHULTE ROTH & ZABEL LLP, New York, New York
Associate June 1998-March 2001
Member, Professional Personnel Committee
. Established the firm's Intellectual Property Group: Hired, trained and supervised associates and
legal assistants; developed and implemented procedures for intellectual property transactional due
diligence, trademark clearance and prosecution, and copyright prosecution.
. Counseled clients regarding legal, business and strategic issues arising from transactions,
business operations, litigation and dispute resolution.
NYI2528:205919.1
. Negotiated and drafted complex intellectual property, e-commerce and Internet-related
transactions.
KENYON & KENYON, New York, New York
Associate Summer 1991; September 1992-June 1998
Assistant Chairperson, Kenyon & Kenyon Copyright Practice Group
Kenyon & Kenyon Associates Committee
. Engaged in broad scope of intellectual property matters, including client counseling transactions,
litigation and dispute resolution, and prosecution.
EDUCATION
NEW YORK UNIVERSITY SCHOOL OF LAW, New York, New York
J.D., cum laude, May 1992
Activities:
NYU Advocates For The Arts
Unemployment Action Center
DUKE UNIVERSITY, Durham, North Carolina
B.S.E., cum laude, May 1989
Majors: Electrical Engineering; Biomedical Engineering.
Activities: Vice-president, Gilbert-Addoms Hall; Area Rush Chairman, Delta Sigma Phi
International Fraternity; Freshman Engineering Guide
Honors: Tau Beta Pi Engineering Honor Society
BAR ADMISSIONS
Florida (Authorized House Counsel); New York State; United States District Court for the Southern,
Eastern and Northern Districts of New York
PROFESSIONAL ASSOCIATIONS
New York State Bar Association (Co-chairperson, Rights of Privacy, Publicity and the Media Committee
of the Entertainment, Arts and Sports Law Section), First Amendment Lawyers Association, International
Trademark Association, American Bar Association (Intellectual Property Section)
INTERESTS
Tennis, touch football, softball, problem solving, exploring, quality of life improvement, home
improvement, teaching and reading
2
CITY OF DELRA Y BEACH
BOARD MEMBER APPLICATION
RECEIVED
OCT 1 1 2005
CIT~5~ERK
101/67
DEI;lIAY BEACH
';":'.,"0: :'J'::,\h::O: ,'"
1993
2001
Please rint the followin information:
1. Last Name: ..J-.,..-.
I r:.rrt:-y
2. Home ddress:
3. LeH~de;Je:
I
4. Principal Business Address:
10. List any related professional certifications and licenses which you hold:
12. escribe experiences, skills or knowledge which qua!ify: you to serye on this board:
e statements are true, and I agree and understand that any misstatement of material facts
ma cause forfeiture upon m any appointment I may receive. '
~~ .J"" / 21J1t)-J
._ DATE I
s ap . cation will remain on file in the City Clerk's Office for a period of 2 years from the date it was
. ted. It will be the applicant's responsibility to ensure that a current application is on f1le.
SICITYClERK\BOARD\AI'PLlCA TION
JOSEPH E. FERRER
1420 North Swinton Avenue
Delray Beach, FL 33444
(561) 276-8085
OBJECTIVE
Provide administration leadership for a commercial or nonprofit organi2ation to
strengthen community / public image and fiscal position, through priority planning,
innovative marketing and the establishment of private / public sector relationships.
QUALIFICATIONS & EXPERIENCE
Thirty years of results-oriented experience, with expertise in the following areas:
**
Administration Management
Financial Analysis and Budgeting
Business and Marketing Plan Development
Capital Project Supervision
Personnel Hiring and Training
**
SUNSET ENTERTAINMENT GROUP, INC.
Delray Beach, Florida
1997 - Present President and Owner
* Creative Management, Marketing and Production of the Performing Arts in
South Florida, with concerts at Florida Atlantic University, CoralSprings City Centre,
Royal Poinciana Playhouse, Delray Beach Tennis Center, Eissey Theater Kravis Center
and Broward Performing Arts Center. Includes talent selection and programming,
contract negotiations, advertising development, development of all print and support
materials, public relations and technical coordination for artist's riders.
* Marketing Coordination, Advertising Development and Ticket distribution for
the Boca Museum of Art - Renoir Exhibit, 1999.
* Business Administration and Marketing for an alternative health clinic, New Port
Richey, FL. The staff included 10 medical doctors and 15 health support staff.
* Developed and produced the Marketing and Fundraising Manual for the Florida
Main Street, a program of the Bureau of Historical Preservation, State of Florida. This
manual was distributed to over 80 Main Street communities throughout the State.
PALM BEACH POPS - Palm Beach, Florida
FLORIDA SYMPHONIC POPS, INC. - Boca Raton, Florida
1992 - 1997 President and Chief Executive Officer
* Overall business and fiscal administration of a non-profit cultural performing arts
organi2ation, including a 75-piece orchestra, 10 staff and 33 members volunteer Board of
Directors. Refined playing standards of musicianship and participated in successful union
negotiations. Supervised expansion, restructuring and adoption of new corporate by-laws.
* Developed multi-year business plans to address goals of fiscal stability and revenue
growth and negotiated and implemented finali2ed contracts for local and national talent
within the guidelines established by regulatory agencies governing private, non-profit
organizations.
* Spearheaded master fund-raising structure for individual donations. Support
groups, private foundation gifts, small business and corporate contributions. Wrote and
presented grant requests for operational funding totaling over $750,000 annually.
ZOOLOGICAL SOCIETY OF FLORIDA / MIAMI METROZOO
Miami, Florida
1982 - 1992 - Executive Vice President, Director of Development
* Managed staff of 63 and a 33-member volunteer board of directors. Ensured that
the organization operated at peak productivity and conducted its financial affairs in
accordance with standard business practices.
* Fostered the society's expansion from a gross revenue base of $200,000 in 1982 to
more than $ 6 million in 1992, via development of a master fundraising structure for
individuals, foundations, corporations and endowments.
* Supervised more than $ 35 million in capital improvement projects at Metro Zoo,
including bid negotiations for construction contracts, on-site management, and on-going
maintenance programs.
* Engineered membership expansion from 1,800 to more than 65,000, and
established the Society as one of the region's premier non-profit organi2ations.
BELCHER OIL COMPANY
Miami, Florida
1980 - 1982 Director of Public Relations and Government Affairs
* Developed and implemented multimillion-dollar annual budgets and marketing
plans encompassing public relations, corporate communications and advertising.
* Coordinated all media contacts, operating from terminals covering geographic
area ranging from Bosron, Ma, to Corpus Christi, TX.
* Acted as liaison between federal and state legislators regarding matters concerning
the oil industry. Maintained a positive and productive working relationship with
regulatory governing agencies.
UNITED WAY
Miami, FL; New York, NY; Washington, DC; Griffith, IN
1974 - 1980 Senior Campaign Manager for Fundraising / Agency Development and
Budgeting
* Developed multimillion-dollar campaigns in four major mettopolitan areas,
working closely with volunteer boards and civic leaders to implement ambitious employee
and corporate fund-raising programs.
MEMBERSHIPS
State of Florida Cultural Affairs Review Committee
Public Relations Society of America
Florida Press Association
Board of Director of the Mental Health Association
Florida Chamber "Task Force on Crime"
Miami Crime Commission
Commission on Race and Religion / Methodist Church
National Association of Fund Raisers
American Association of Zoos and Aquariums
EDUCATION
Indiana University, 1974, MS - Public Affairs / Urban Planning
Indiana University, 1972, BA - History
REFERENCES
Available upon request
Bilingual - Spanish
DBAAY.BEACH
~
AUa1ericaCity
" II J!
1993
2001
(dID/OJ
CITY OF DELRAY BEACH RECEIVED
BOARD MEMBER APPLlCATIO~CT , 0 2005
CITY CLERK
Please . e or riot the follo
1. Last Name:
information:
2.
Name .A.iA./
City
R~
ML
.
State Zip Code
I
State Zip Code
State Zip Code
V.c.I'I~<
City
3.
4. Pcincipal Business Address:
City
5. Home Phone:
Business Phone:
E-Mail Address:
Cell Phone:
Fax:
7.
>,,1- 7 t>b-.l
)......./. If sOr:There are you registered?
I"rlJl-t ,oJ . ~6~
at Board(s) are you interested in serving? Please list in order of preference:
1d-:l.7.2._ ~bZ
6. Are ou a registered voter?
j)6>A~.e.
8. List all City Boards on which yo
.
are currendy serving or have previously served: (please include dates)
tEA 1FtW1a/
9. Educatiorud qualifications:
V6/k
e-NC
'12 Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief reswne)
ell/t
I hereby certiJY that all the above statements are hue, and I agree and understand that any misstatement of material facts
contained ill this applicatiq y cause forfeiture upon my part of any appointment I may receive.
;k . .' /&J-/~- ~S-
DATE
Note: TIlls application will remain on file in the City Clerk's Office for a period of2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
S'\CflYO.ERK\BOARIMI'PUCAnON
/;Oq -40#'1 :/~M -z:e/::l..
h4ye h4d e <"Sl"r-e. e ~'Y,"'e..,~-e..-
W6r.efN. ~;~ 4ne:r /11'U'1~
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q-y-r-.!' eJJ rn1.a L#--S
.2: . ,.,
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:z
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4-.-
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e.r n ~5 6c4'T~-
Ln ./n.
~
l""li/! I/!7
DELRAY BEACH
~
1993
2001
-~"-.;'-,.'
'.,;"
-,,..',".,':.<';c.
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:::::::'('-;:k'<
"_....~ '.
5. Home Phone:
informlltion:
1.
M.I.
2.
State
t.
State
Zip Code
33 ~
Zip Code
3.
4. Principal Business Address:
State
Zip Code
6.
'K/Vu.t:.
Business Phone: E-MailAd "'
cwI~
If so;"'
;,;,
7.
tllSdy; 8od>fdR:~ .,~...,"
8. List all City Boards on which Yoll iixe t:Utte y serving or havej;t~,'i6l"ly.s~rved: (please include dates)
~,.~~
9. Edu ational qualificatio s: 134'-
&p#'s ~ ',~~
10. List any related professional certifications and licenses
~ s/ e/e.nf:-/I'/Xe- Cdrh
11. Give your present, or most recentemplo er, an
JlA-.
rt!'((c(~-f- - (Yl1IY
1 /J9-yP&~ ----
12. Describe experiences, skills orkriowledge which q
(please attach a brief resume)
~S...... I:. ,I.<- I;......::U&~S,.
I hereby certify that all die above statements are true, and I agree and'lirttl0i "aml tbatany misstatement of material facts
con~ this application may cause forfeiture upon my part of anf appl>1lHtfient I may receive.
r./ ~n IO&/~
SI~tm?E c ~ DITE I~
Note: This application will remaiIl.onfileintheCityClerk.spfftec.Cm. 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\CflYCLEJlK\BOARD\APPUCA110N
.p~'BfAfI1
D*.d
AI A ....Clty
, , II ~!
1993
2001
r/~Y)
CITY OF DELRAY BEACH ~~9Jg~Y_E_Q
BOARD MEMBER APPLICATION OCT - 6 2665
CITy -CtfRt
CITY CLERf'.
Please e or riot the folio information:
1. Last Name: D .
n d..m I ACl/
2. HI! ttdr4s~:uJ. ljl. II tJe .
3. Legal Residence: .
5 /l... <<1 e a..S a:...b 0 '"' -e-
4. Principal Business Address:
City
05 e-.
g~ S~'l {
M.I'11 '
Zip. Co. de
:>"3 'f'{. t.f
Zip Code
Name
City
State
City
State
Zip Code
flON.e-
5. Home Phone: Business Phone:
5(Pf-n~~3:;N~ gfe{~ ;13~'
6. Are you a registered voter?
<:'5
E-Mail Address: Cell Phone: Fax:
'S&{~-q1f ';17g~37ob
If so, where are you registered? p q I 11M 73 c. h f!!..d L(j
1
7. What Board(s) are you interested in serving? Please list in order of preference:
~ OP.-R J.
8. Ust all City Boards on which you are currendy serving or have previously served: (please include dates)
/)/~ +5eed -
. 9. Educational qualifications:
.
J'I/Jt I Slt-I1<:'e. J1 ba.-fe me....t
5 ~ Of) (
vC/../!.. c!
to. List any related professional certifications and licenses which you hold:
met- "--'11'- [e.p..-fi PI' e-tt..I--;0 I<-S
11. Give your present, or most recent employer, and position:
&;-1-1 0 f 6ou< If-d-t'/,v
VVl-e t. k <L V\. " L
12. Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief reswne)
e. len.~es
P~/<!-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 application may cause forfeiture upon my part of any appointment I may receive.
~ ~~ jt) - 7- 0 ~
GNATURE DATE
rn
!J<.-+.,W
o f {)e~ 4 15&c...t:>-
o...,z f h-1~"" {S
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\C.1TYClElUaBOARDW'PUCATION
JU~-28-2001 17:34
561 833.8485 P.01/01
TRANSMISSION VERIFICATION REPORT
TIME 0G/28/2001 14:58
DATE,TIME
FAX NO./NAME
DURATIO~j
PAGE(S)
RESULT
MODE
1114 S.W. 8111 A VENLTSG/28 14: 58
DELRA Y BEACH, FL 33M~55~~5GG3
561"276-3396 ee
BUSY
STANDARD
To ~ afj@lrM_jy<P.lll!ll'lll'l;e:ofthemulti-cultural community of Del ray Beach by
becoming involved in programs, services. and committees that seek to develop and
improve the City ofDclray Beach_
Summary of Qualifications:
.
Homeowner in Delray Beach since 1989, resident since 1969. Stable employment
and residency established.
Board member/volunteer on various civic/community organizations including but
not limited to:
Visions 2001 Steering. CommiUee (member)
Hispano Latino Cultural Alliance, Inc.lCinco,de Mayo Feslival
Committee (member and volunteer)
La Paloma Homeowner's Association (current President)
SouthwestPresident's Association (member)
Student'V olunteer within organi:l.ations dealing with gang-related issues/outreach
programs:
.
.
)
.
D.A.R.E, City of Boca Raton
MAD DADS of Delray Beach
Parenti Adult Facilitator for the Our Lady Queen of Peace Mission Catholic Youth
Organization since 1980
Graduate oftlle City of Delray Beach Citizen's Police Academy in 1999
.
Professional Experience:
Mechanic, City of Boca Raton, Boca Raton, Florida
1973 to present
Education
C.E.D., Atlantic High School, DelrdY Beach, FL 1999
Various professional certjfications,list available upon requesL
TOTAL P.01
*."* * * *
F(p~ultwe("/a--
CITY OF DELRAY BEACH 0/1/6/}
BOARD MEMBER APPLlCATION'lECEIVED
JUN ~ 7 2005
information: CITY CLERK
Name M. 1.
OElRAY BEACH
. .. 0 . I . ...
All-AmericaCity
"III!
1993
2001
['lease rint the folio
I. Last Name:
Ridle Charles .F
l. Home Address: City State Zip Code
137SW 12th Avenue Delra Beach FL
~. Legal Residence: City State Zip Code
same as above
~. Principal Business Address: City State Zip Code
11380 NW 27th Avenue, Rm. 3240 Miami FL 33167
5. Home Phone:
561-276-4223
Business Phone:
305-237-1634
E-Mail Address:
cridley@mdc.edu
Cell Phone;
561-577-5416
Fax:
305 -237-1301
6. Ate you a registered votet? If so, where are you registeted?
Yes Delray Beach
7. What Board(s) are you interestef! in servirw:? Please list in order of preference:
Commun~ty Reaevelopment, Delray Beach Housing,
Code Enforcement
8. List all City Boards on which you are currendy serving or have previously s
RA
9. Educational qualifications:
College ~ducation- Florida A & M University
10. List any telated professional certifications and licenses which you hold;
N/A
11. Give your ptesent, or most recent employet, and position:
Community CrusaQe Against Drugs- Executive Director
12 Describe experiences, skills or knowledge wbich qualify you to serve on this board: (please attach a brief resume)
Activel involved in the redevelo ment rocess of the West
Atlantic corridor for over 12 years. Coordinated the Southwest
Ne~ghborhood Plan; .Fo~nde~ of Village Academy; Develop~d over 27
I hereby certify that all the abo statements are true, and I agree and understand that any misstatement of mat . facts
. y cause fotfeiture upon my part of any apPoin~n~ fm.; r~ei~ / 0 ~
rTGNA . DATE I
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.crIYa..ERK\BOAlW\APpUCATION
iID.:; ~.,.. ,
'.~" \.: ." ,'."
~.~" -\l'C
Charles Ridley
~.''i~.:.;
~p,~' ~-~-':I,
, '.ii." "
137 S.W.12Th Ave
Delray Beach, Florida 33444
561-276-4223 (Home)
561-271-5683 (Cellular)
Career Profile
Seasoned Non-Profit Manager with an impressive record of success in varied social
service and drug prevention related activities. Outstanding communicator with proven
abilities in staff and employee assessments, training, supervision, community oriented
and hard-working individual with an innovative and creative~thinkingapproach to
problem solving and generating new ideas with diversity as the cornerstone of overall
abilities.
Transferable Skills Include
. Experience working in public and private sectors.
. Ability to communicate on all levels in writing and orally.
. Thrive in an environment requiring extensive people contact.
Work History
May 2003 - present
Program Director: MAD DADS of Florida
. Develop and Design Prevention Programs for the State Headquarters
. Strategic planning
. Fnnd Development
October 1992 - May 2003
Founder & CEO: MAD DADS of Greater Delray Beach, (D.B.A. Village Foundation)
. Managed, Corporate Growth, built company from stat up into a 1.9 million
dollar operation, providing services to over 300 students daily. Delivered 10
years of growth of 25% or greater.
. Became the premier chapter in the nation, given chapter of the year honor in
2002
. Created the first deregulated public school in the country that served urban
youths as their primary cnstomer.
. Created organizational design and leadership development. Created the entire
business infrastructure, all operating policies and procedures, finance, HR
system and marketing strategies.
. Created the formal strategic planning process to guide agencies future.
.,
.
"
~'"""($;;"
.."<f',\:' :;-\',"
"', \~ '.~~-~.
Charles Ridley
~. .. . 6i;.'l'
~-~~
137 Sow. 12Th Ave
Delray Beach, Florida 33444
561-276-4223 (Home)
561-271-5683 (Cellular)
November 1987 - October 1992 National Recovery Center
Drug Abuse Counselor
. Provide group lector for agency clients.
. Ensure the facilities was secure and safe.
. Provide one on one therapy session with agency clients.
. Transport clients as needed.
. Provide documentation of clients' daily activities.
Education
. 123 College Credit Hours: Florida Agriculture and Mechanical University (F AMU)
. Graduate: Non-Profit Management Columbia School of Business
Reference: available upon request
,!,'
-
RECEIVED
CITY OF DELRAY BEACH OCT 1 12005
BOARD MEMBER APPLlCATIONCITY CLERK
/J/!;/q
Please
1. Last Namek/ecrt7i e('s <.7OAI
2/ 3~NdtJss: f)lI eo e
3. Legal Residence:
SQmE'
4. Principal Business Address:
30 I S0 lyrIJ ItV-e
~ fI1m
lYe
City
Sq /l1 e
City
State
5. Home Phone:
Business Phone:
$ GI-~?6'- ~ n9 s <al-;<~~S f?
6.
7.
8. List all City Boards on which you are currendy serving or have previously served: (please include dates)
9.
~
10. List any related professional certifications and licenses which you hold:
r
f() -(1- P.co6
DA1E
Note: This application will temain 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.
OCITYCLERK\BOARD\APPLICATION
130 NW 8TH AVE. Phone 561-278-8779
DElRAY BEACH, Fl. 33444 Fax 561-274~7087
E-mail weat6347@bellsouth.net
JIMMY WEATHERSPON
Work experience
Work experience
Work experience
Education
Community
activities
Interests and
activities
Volunteer
experience
1996 - PRESENT URBAN LEAGUE OF PALM BEACH COUNTY
SOUTH COUNTY COORDINATOR
1968 - 1998 IBM BOCA RATON, FL.
SENIOR SYSTEMS ANALYSTS
. LAN ADMINISTRATOR, SOF1WARE DEVELOPMENT TEAM LEADER
. RTIRED
1989 - PRESENT
. OWNER MANAGER OF A SELF SERVICE CARWASH
. 1978 - PRESENT OWNER MANAGER OF RENTAL PROPERTIES
1968 -1968 AUTOMATION TRAINING INSTITUTION ST. LOUIS, MO,
. HIGH SCHOOL AND SOME COLLEGE
FORMER DELRA Y BEACH CITY COMMISSIONER / VICE MAYOR,
MEMBER OF DELRAY BEACH ROTARY CLUB, DELRAY BEACH
CHAMBER OF COMMERCE, PRESIDENT OF THE NACIREMAS
CLUB, GRAND DISTRICT DEPUTY PRINCE HALL MASONS,
DISTRICT #2, CHAIRMAN OF CHURCHES TRUSTEE BOARD,
CHAIRMAN OF PALM BEACH COUNTY HOUSING FINANCE
AUTHORITY, VICE CHAIRMAN OF CRA'S "WEST ATLANTIC
COMMUNITY REDEVELOPMENT COALITION"
COMMUNITY REDEVELOPMENT, OWNER/MANAGER RENTAL
PROPERTIES, PART OWNER/MANAGER OF A CARWASH,
CHAIRM AN OF BOARD OF DIRECTORS OF A INVESTMENT GROUP
SWIMMING, BASKETBALL, FOOTBALL, BICYCLING
FORMER CHAIRMAN OF COUNTY'S FAIR HOUSING BD, MEMBER
OF DELRAY BEACH COP PROGRAM, PATIENT CARE ASSISTANT
AT PINE CREST REHABILITATION HOSPITAL
MEMORANDUM
TO:
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGERtfJ1-1
AGENDA ITEM # 10ft - REGULAR MEETING OF FEBRUARY 7.2006
ORDINANCE NO. 8-06 (AMENDING CHAPTER 71. "PARKING
REGULATIONS". "GENERAL PROVISIONS")
SUBJECT:
DATE:
FEBRUARY 3, 2006
This ordinance is before Commission for second reading and public hearing to amend Chapter 71,
"Parking Regulations", "General Provisions", of the Code of Ordinances by enacting Section 71.006,
"Surcharge on Parking Fines", to provide for a surcharge on parking fines to fund the School
Crossing Guard Program.
At the first reading on January 17, 2006, the Commission passed Ordinance No. 8-06.
Recommend approval of Ordinance No. 8-06 on second and final reading.
S:\City Clerk\agenda memos ard 8-06 Surcharge Parking Fines 020706
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[ITY DF DElRAY BEA[H
CITY ATTORNEY'S OFFICE
200 NW hI ^VENU' I>EU</\Y BEACH. FLORIDA 33444
IT"LEPHONF: 56 I 12-t1-7()()(J . FACSIMILE: 56J/27X-475S
Writer's Direct Line: 561/243.7091
DELRA Y BEACH
F l 0 " t D ^
It&8I:III
'iiW ~;TE
MEMORANDUM
January 12, 2006
City Commission
David Harden, City Manager
1993
2001
FROM:
Susan A. Ruby, City Attorney
SUBJECT: Ordinance No. 8-06
Attached please find Ordinance No. 8-06 which enacts Section 71.006 to provide
for a surcharge on parking fines to fund the School Crossing Guard Program.
Please place on the January 17, 2006 City Commission agenda for consideration.
Attachment
cc: Chevelle Nubin, City Clerk
\~A
ORDINANCE NO. 8-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING
CHAPTER 71, "PARKING REGULATIONS", "GENERAL
PROVISIONS", AND ENACTING SECTION 71.006, "SURCHARGE
ON PARKING FINES", TO PROVIDE FOR A SURCHARGE ON
PARKING FINES TO FUND THE SCHOOL CROSSING GUARD
PROGRAM; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City incurs expenses to supply school crossing guards; and
WHEREAS, Florida Statutes 9 318.21 (11 )(a) allows a municipality to charge a surcharge
on parking violations to fund a School Crossing Guard Program.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA AS FOLLOWS:
Section 1. That Chapter 71, "Parking Regulations", "General Provisions", is hereby
amended by enacting Section 71.006, "Surcharge on Parking Violations" to read as follows:
Sec. 71.006. SURCHARGE ON PARKING FINES.
A five dollar ($5.00) surcharae on each parkina fine is herebv imposed for the sole
purpose of fundina the Citv's School Crossina Guard Proaram. which also mav be used to
pav for startup costs. recurrina administrative costs related to printina new tickets or other
means of implementina the proaram. The proceeds will be placed in a trust fund
established bv the Citv called the "School Crossina Guard Trust Fund". The surcharae
funds collected shall be distributed auarterlv to fund the School Crossina Guard Proaram.
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.
ATTEST:
PASSED AND ADOPTED in regular session on second and final reading on this the
day of , 2006.
City Clerk
MAYOR
First Reading
Second Reading
2
ORD. NO. 8-06
~
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FROM:
DAVID T~N~T ANAGER
PAUL D6~~~. ECT ~ OlLANNING AND ZONING
ESTELlO BRI!t:;,'S tlA ER
TO:
THRU:
SUBJECT:
MEETING OF FEBRUARY 7, 2006
ANNEXATION, SMALL-SCALE FUTURE LAND USE MAP AMENDMENT
FROM COUNTY LR-3 (LOW RESIDENTIAL - 3 DUlACl TO CITY TRN
(TRANSITIONALl. AND REZONING FROM COUNTY CG/SE (COMMERCIAL
GENERAL/SPECIAL EXCEPTIONl TO CITY SAD (SPECIAL ACTIVITIES
DISTRICT! FOR A 0.99 ACRE PROPERTY LOCATED ON THE SOUTHWEST
CORNER OF MILITARY TRAIL AND CONKLIN DRIVE
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The 0.99 acre property is currently located in unincorporated Palm Beach County and has a
CG/SE (Commercial General/Special Exception) zoning designation. The property is located
within the City's Planning Area (Future Annexation Area) and the owner is seeking voluntary
annexation. The subject property is currently vacant and the applicant is proposing to build a 4-
story self storage building with associated parking and landscaping. The subject property is Lots
1, 2, 3, and 4, Block 2, Rockland Park. Previous development activity includes approval of a
special exception with the County via Resolution No. 80-836 which modified the zoning from AG
(Agricultural District) to CS (Specialized Commercial District) for the four (4) lots. Resolution No.
80-837 approved on June 24, 1980 by the Board of County Commissioners allowed the
construction of a funeral home on the property with certain conditions including right-of-way
dedications, landscaping and contribution for a signal. This development was never constructed
and the approvai has expired.
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At its meeting of January 23, 2006, the Planning and Zoning Board held a public hearing in
conjunction with this request. There was public testimony in opposition from Mr. Jeff Overstreet,
who lives at 5132 Conklin Drive, and Mr. Chris Osborne of Kaplan & Berlin, representing the
Conklin Drive Home Owners Association. Mr. Overstreet's concerns revoived around the
proximity of the proposed development to the Conklin Drive residential development and the
height of the proposed building. Mr. Osborne's concerns related to the traffic impact generated by
the proposed development. After reviewing the staff report and discussing the proposal, the
Board voted unanimously to recommend that the request be denied. The denial was based upon
concerns with respect to compatibility, of the proposed self storage facility, with the surrounding
development, and its potential to negatively affect the character of the area. Further, the
proposed Future Land Use designation of Transitional (TRN) and Rezoning to Special Activities
District (SAD) of the subject property is not consistent with Objective A-1, Policy A-1.7, and Poiicy
A-2.3 of the Comprehensive Plan, and does not meet the requirements of LDR Section 3.2.2(D)
(Standards for Rezoning), 3.1.1. (FLUM Consistency and Compatibility) or 2.4.5.(D)(5) (Reasons
for Rezoning).
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By motion, deny on first reading the ordinance for Annexation, the FLUM amendment from
County LR-3 (Low Residential - 3 du/ac) to City Transitional (TRN), and the initial zoning
designation of SAD (Special Activities District), based upon the findings of fact and law contained
in the staff report, and failure to make positive findings with respect to LDR Section 3.2.2.(D),
3.1.1. (Consistency), 3.1.1. (Compatibility), 2.4.5.(D)(5) (Reasons for Rezoning) and
inconsistencies with the Comprehensive Plan more specifically FLUM Element Policy A-1.7,
Policy A-2.3, and Objective A-1.
Attachments: Staff Report prepared for the P & Z meeting of January 23, 2006 and Ordinance No. 5-06.
/';211
ORDINANCE NO. 5-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, ANNEXING TO THE CITY OF
DELRAY BEACH, A PARCEL OF LAND LOCATED AT THE
SOUTHWEST CORNER OF CONKLIN DRNE AND MILITARY
TRAIL, AS MORE PARTICULARLY DESCRIBED HEREIN,
WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL
LIMITS; REDEFINING THE BOUNDARIES OF THE CITY TO
INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND
OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND
USE DESIGNATION OF TRANSITIONAL FOR SAID LAND TO
THE FUTURE LAND USE MAP AS CONTAINED IN THE
COMPREHENSNE PLAN; ELECTING TO PROCEED UNDER
THE SINGLE HEARING ADOPTION PROCESS FOR SMALL
SCALE LAND USE PLAN AMENDMENTS; PROVIDING FOR
THE ZONING THEREOF TO SPECIAL ACTNITIES DISTRICT
(SAD) DISTRICT; PROVIDING A GENERAL REPEALER
CLAUSE, PROVIDING A SAVING CLAUSE, AND AN
EFFECTNE DATE.
WHEREAS, Adele C. Tartza is the fee simple owner of a 0.99 acre parcel of land located at the
southwest comer of Conklin Drive and Military Trail; and
WHEREAS, Adele C. Tartza has requested by voluntary petition to have the subject property
annexed into the municipal limits of the City of Delray Beach; and
WHEREAS, the subject property hereinafter described is contiguous to the corporate limits of
the City of Delray Beach, Florida; and
WHEREAS, the City of Delray Beach has heretofore been authorized to annex lands in
accordance with Section 171.044 of the Florida Statutes; and
WHEREAS, the subject property hereinafter described is presently under the jurisdiction of
Palm Beach County, Florida, having a County Future Land Use Map (FLUM) designation of LR-3
(Low Density Residential -3 du/ac ); and
WHEREAS, the Advisory Future Land Use Map designation for the subject property in the City
of Delray Beach, Florida, is MD (Medium Density Residential 5-12 du/ac); and
WHEREAS, the City's FLUM designations as initially contained on the City's Future Land Use
Map adopted in November, 1989, and as subsequently amended, are deemed to be advisory only until
an official Land Use Amendment is processed; and
WHEREAS, the designation of a zoning classification is part of this proceeding, and the
provisions of Land Development Regulations Chapter Two have been followed in establishing the
proposed zoning designation; and
WHEREAS, pursuant to LDR Section 2.2.2(6), the Planning and Zoning Board held a public
hearing and considered the subject matter at its meeting of January 23, 2006 and voted 7 to 0 to
recommend that the requests be denied, based upon a failure to make positive findings; and
WHEREAS, pursuant to Florida Statute 163.3 I 74(4)(c), the Planning and Zoning Board, sitting
as the Local Planning Agency, has determined that the changes are not consistent with and does not
further the objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent
with the Comprehensive Plan.
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 City Commission of the City of Delray Beach, Palm Beach County, Florida,
hereby annexes to said City the following described land located in Palm Beach County, Florida, which
lies contiguous to said City to-wit:
Lots I through 4, inclusive, Block 2, "Rockland Park" as per the Plat thereof on file in the Office of the
Clerk of the Circuit Court in and for Palm Beach County, Florida as recorded in Plat Book 24, Page 23.
Less the Following:
A portion of said Lot 1, as described in the right-of-way deed recorded in Official Records Book 3362, Page
9, Palm Beach County Records.
And Less the Following:
A portion of said Lot 1, as described in the right-of-way warranty deed recorded in Official Records Book
5692, Page 1978, Palm Beach County Records.
The subject property is located at the southwest comer of Conklin Drive and Military Trail.
2 ORD NO. 5-06
Section 3. That the boundaries of the City of Delray Beach, Florida, are hereby redefined to
include therein the above-described tract of land and said land is hereby declared to be within the
corporate limits of the City of Delray Beach, Florida.
Section 4. That the land hereinabove described shall immediately become subject to all of the
franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which lands in
the City of Delray Beach are now or may be subjected, including the Stormwater Management
Assessment levied by the City pursuant to its ordinances and as required by Florida Statutes Chapter
197, and persons residing thereon shall be deemed citizens of the City of Delray Beach, Florida.
Section 5. That this annexation of the subject property, including adjacent roads, alleys, or the
like, if any, shall not be deemed acceptance by the City of any maintenance responsibility for such
roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current
requirements and conditions.
Section 6. That the Future Land Use Map designation of the subject property is hereby
officially affixed as TRN (Transitional).
Section 7. That the City of Delray Beach elects to make this small scale amendment by having
only an adoption hearing, pursuant to Florida Statutes Section I63.3187(1)(c)3.
Section 8. That Chapter Two of the Land Development Regulations has been followed in
establishment of a zoning classification in this ordinance and the tract of land hereinabove described is
hereby declared to be in the Special Activities District (SAD) Zoning District as defined by existing
ordinances of the City of Delray Beach.
Section 9. That pursuant to Section 4.4.25 "Special Activities District (SAD)" "Allowed Uses
and Structures", approval for the subject property described in Section 2, above, is hereby granted for a
Self Service Storage Facility".
Section 10. If approved on First Reading, a site and development plan will be reviewed by the
Site Plan Review and Appearance Board (SPRAB) and a recommendation as to the specific site
improvements will be incorporated herein, and that any future site plan modifications be reviewed by
SPRAB.
Section 12. That all ordinances or parts of ordinances in conflict herewith be, and the same are
hereby repealed.
Section 13. 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
3 ORD NO. 5-06
part declared to be invalid.
Section 14. That this ordinance shall become effective as follows: As to annexation,
immediately upon passage on second and final reading; as to land use and zoning, thirty-one (31) days
after adoption, unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If
challenged, the effective date of this amendment shall be the date a final order is issued by the
Department of Community Affairs, or the Administration Commission, finding the amendment in
compliance with Section 163.3184, F.S. No development orders, development permits, or land uses
dependent on this amendment may be issued or commence before it has become effective. If a final
order of noncompliance is issued by the Administration Commission, this amendment may
nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of
which resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning,
2740 Centerview Drive, Tallahassee, Florida 32399-2100.
PASSED AND ADOPTED in regular session on second and final reading on this the _ day
of ,200__
ATTEST
MAYOR
City Clerk
First Reading
Second Reading
4
ORD NO. 5-06
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH
---STAFF REPORT---
January 23, 2006
III.C.
Future Land Use Map (FLUM) Amendment from LR-3 (Low Residential.. 3 units/acre
Palm Beach County) to TRN (Transitional) and rezoning from CG/SE (Commercial
General/Special Exception) to SAD (Special Activities District) for a 0.99 acres
parcel located on the southwest corner of Military Trail and Conklin Drive.
MEETING DATE:
AGENDA ITEM:
ITEM:
GENERAL DATA:
Owner/Applicant......................... Adele C. Tartza
Agent.......................................... Weiner & Aronson, P.A.
Location...................................... Southwest corner of Military
and Conklin Drive.
Property Size.............................. 0.99 Acres
Existing County Future Land Use
Map Designation ........................ LR-3-8 (Low Residential- 3
units/acre)
Proposed City Future Land Use
Map Designation......................... TRN (Transitional)
Existing County Zoning............... CG/SE (Commercial General
Special Exception)
Proposed City Zoning................. SAD (Special Activities District)
Adjacent Zoning................North: Automotive Commercial (AC)
East: Residential Medium Density (RM)
South: Multiple Family Residential - Low
Density (LD)
West: Palm Beach County Agricultural
Residential (AR)
Existing Land Use...................... Vacant
Proposed Land Use.................... Safe and Secure self storage
facility
Water Service............................. 12" water main located along
Military Trail, and also via an
existing 8" main located on the
east side of the subject property.
Sewer Service............................. Sewer service is available via
connection to a 8" sewer main
located along Military Trail, and
also via an existing 8" sewer main
located on the east side of the
subject.
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The action before the Board is that of making a recommendation to the City Commission on a
privately sponsored Voluntary Annexation, Small Scale Future Land Use Map (FLUM)
Amendment from LR-3 (Low Residential - 3 units/acre Palm Beach County) to TRN
(Transitional) and rezoning from CG/SE (Commercial General/Special Exception) to SAD
(Special Activities District) for a 0.99 acres parcel located on the west side of Military Trail
approximately 2010' south of Lake Ida Road.
Pursuant to Land Development Regulations (LDR) Section 2.2.2(E) (6), the Local Planning
Agency (Planning & Zoning Board) shall review and make a recommendation to the City
Commission with respect to Annexation, FLUM amendments and Rezonings of any property
within the City.
The subject property is 0.99 acres located on the south side of Conklin Drive and to the south
of Tire Kingdom with frontage on Military Trail. The property is bound to the south by Sierra
Vista attached single family homes. To the west the property is bound by the Rockland Park
subdivision containing single family homes located along Conklin Drive; and to the east (across
Military Trail) by the High Point of Delray East Condo development. The subject property is
currently vacant and the applicant is proposing to build a 4-story self storage building with
associated parking and landscaping.
The subject property is Lots 1, 2, 3, and 4, Block 2, Rockland Park. Previous development
activity includes approval of a special exception with the County via Resolution No. 80-836
which modified the zoning from AG (Agricultural District) to CS (Specialized Commercial
District) for the four (4) lots. Resolution No. 80-837 approved on June 24, 1980 by the Board of
County Commissioners allowed the construction of a funeral home on the property with certain
conditions including right-of-way dedications, landscaping and a contribution for a signal. This
development was never constructed.
The subject property continues to be under the jurisdiction of Palm Beach County but is in a
designated annexation area, for the City of Delray Beach. The City has an Advisory land use
designation of MD (Medium Density Residential) on the property that allows for residential
development with a density between five and twelve units per acre. The applicant is seeking
City Water and is contiguous to the City limits to the east and north. The Commission policy is
that properties that are contiguous and request City services must annex into the City to receive
these services.
An application is now before the Board regarding a Voluntary Annexation, FLUM Amendment
from County LR-3 to City GC and a Rezoning from CG/SE to SAD. The Analysis will first
include analysis of the Future Land Use.
Current Land Use Desianation: The current County land use map designation for the property
is County LR-3 (Low Residential - 3 du/ac). The current City Advisory designation is MD
(Medium Density Residential).
Reauested Land Use Desianation: The requested Future Land Use Designation is to City
TRN (Transitional).
Planning and Zoning Board Staff Rep'. )\'Ieeting of 01/23/06
Robotic Space Savers - Annexation, FLUM, and Rezoning
Page 2
Florida Statutes 163.3187 - Small Scale land Use MaD Amendments: This Future land
Use Map Amendment is being processed as small scale development pursuant to Florida
Statues 163.3187. This statutes states that any local government comprehensive land use
amendrnents directly related to proposed small scale development activities may be approved
without regard to statutory limits on the frequency of consideration of amendment (twice a
year), subject to the following conditions:
. The amendment does not exceed 10 acres of land;
. The cumulative effect of the amendments processed under this section shall. not exceed
120 acres within designated redevelopment and traffic concurrency exception areas, or 60
acres annually in areas lying outside the designated areas; and,
. The proposed amendment does not involve the same property, or the same owner's
property within 200' feet of property, granted a change within a period of twelve months.
. That if the proposed amendment involves a residential land use, the residential land use
has a density of 10 units or less per acre except for properties that are designated in the
Comprehensive Plan for urban infill, urban redevelopment, or downtown revitalization;
. The proposed amendment does not involve a text change to the goals, policies, and
objectives of the local government's comprehensive plan, but only proposes a land use
change to the Future land Use Map for a site-specific small scale development activity;
and,
. The property that is the subject of a proposed amendment is not located within an area of
critical state concern.
The Future land Use Map amendment involves a 0.99 acre area, thus the total area is less
than the 10 acre maximum. The property is not located within a designated redevelopment area
or traffic concurrency exception area. This amendment along with other small-scale amendment
processed this year, outside the designated areas, will not exceed 60 acres. For the 2006 year
0.0 acres have been subject to the small scale amendment process and this 0.99 acres will
make a total of 0.99 acres. This property has not previously been considered for a land use
amendment nor has the same property owner's properties been granted a land use change
within 200' feet, within the last year. The amendment does not involve a text change to the
Comprehensive Plan and it is not located within an area of critical state concern. Given the
above, the proposed FlUM amendment meets the criteria of FS. 163.3187 and can be
considered as a small scale amendment.
However, pursuant to 163.3187 (6)(a), no amendments may be made to the Comprehensive
Plan after the date established by the State (January 1, 2006) unless it (the City) has submitted
its Evaluation and Appraisal Report (EAR). To date the City has not submitted its EAR report
and does not anticipate submitting until June of 2006. Given this fact approval of this
amendment by the State is unlikely. After submission of the Evaluation and Appraisal Report
the City can submit pursuant to F.S. 163.3187(6)(g) amendments for up to one year before
required submittal of any EAR based amendments. Consequently, while the requested
annexation can be considered the application of a City Future land Use designation will be
delayed. Pursuant to Florida Statute the property can be annexed and the County Land Use
and Zoning designation would remain in force until such time as the amendments are accepted
by the state. Even if the state will process the amendment it would not go forward with a
possible recommendation. The proposed amendment to Transitional (TRN) appears to be
Planning and Zoning Board Staff Repe )IIeeting of 01/23/06
Robotic Space Savers - Annexation, FLuM, and Rezoning
Page 3
incompatible with the City of Delray Beach Advisory land use designation MD (Medium Density
Residential) which allows for residential development with a density between five and twelve
units per acre. The TRN (Transitional) land use designation is being proposed concurrently
with a request for annexation and initial zoning of SAD to accommodate a 4-story self-storage
building. This type of facility is also not consistent with the predominant residential pattern of
development in the area.
land Use Analysis:
Consistency Between the City and County land Use Desianations:
The proposed City Advisory land Use Map Designation for the property is MD (Medium Density
Residential). The existing County Future Land Use Map Designation for the property is LR-3
(Low Residential - 3 du/ac). The City's MD Land Use Designation is consistent with the
County's LR-3 designation in that Low and Medium Density Residential development is allowed.
The proposed Land Use Designation of TRN (Transitional) while allowing both residential, office
and limited commercial is not consistent with the current City Advisory Land Use designation
MD nor the County's current designation of LR-3. The Transitional land use designation does
allows the establishment of uses which are compatible with adjacent residential uses i.e.
residential uses, however, these can more appropriately be accommodated by applying the
advisory designation of MD. The proposed land use designation TRN (Transitional), would allow
uses that are not consistent with the prevailing residential development pattern to the south,
east, and west of the subject property. The proposed 4-story self storage building proposed
under the SAD ordinance is not an appropriate use and is also inconsistent with the City
Advisory Land Use designation MD.
Further a rezoning to SAD (Special Activities District) is inappropriate given the purpose and
intent statement of the SAD District which is to provide a zoning district for projects which are
not otherwise classified or categorized in other zone districts. The zoning designations which
would accommodate the proposed self storage use would be industrial designations such as LI
(Light Industrial) and MIC (Mixed Industrial and Commercial) and limited GC (General
Commercial). Given this site locations and existing development pattern land use designations
of which would allow commercial or industrial development would be clearly inappropriate.
Adiacent land Use MaD Desianations. Zonina Desianations and land Uses:
The following zoning designations and uses abut the subject property:
Zoning Designation
Use
North: Automotive Commercial (AC) Tire Kingdom Auto Repair Facility
South: Multiple Family Residential- Low Density Sierra Vista Multiple Family Subdivision
(LDl
East: Residential Medium Density (RM) High Point of Delray East (Condo
Development)
West: Palm Beach County Agricultural Residential Rockland Park Single Family
-(AR) Subdivision (Alono Conklin Drive)
North: North of the subject property, has a City land use designation of GC (General
Commercial) and is zoned GC (General Commercial). The property is developed and contains
Tire Kingdom Brake and Auto Repair Facility.
Planning and Zoning Board Staff Rept jileetlng of 01/23/06
Robotic Space Savers - Annexation, FLUM, and Rezoning
Page 4
South: To the south, has a City land use designation of MD (Medium Density Residential), and
is zoned LD (Multiple Family Residential Development - Low Density). The property is
developed and contains a multiple family subdivision Known as Sierra Vista.
West: The abutting property to the west has a Palm Beach County land use designation of Low
Residential 3 - du/ac (LR-3) with an advisory land use designation of MD (Residential Medium
Density). The property is zoned County Agricultural Residential (AR). The existing land use is
a single family subdivision located along the perimeter of Conklin Drive.
East: East of the property (across Military Trail) has a City land use designation of MD
(Medium Density Residential) 5-12 du/ac) and is zoned RM (Residential Medium Density). The
property to the east is known as High Point of Delray East Condo development.
It is noted, that north of the subject property has a City Land Use Designation of CG
(Commercial General) and is zoned GC (General Commercial). The property is developed and
contains an auto-repair and tire installation facility known as Tire Kingdom. Tire Kingdom was
established by Resolution NO.R-85-394 approved on March 5, 1985 by the Board of County
Commissioners of Palm Beach County and annexed into the City with Ordinance # 65-04
approved by the City Commission at its meeting of November 16, 2004. Although Tire Kingdom
facility is not consistent with the existing development pattern in the area it was given a City
Land Use designation of General Commercial to avoid creating a non-conforming structure that
has been in operation since March 5, 1985. Given the adjacent development pattern to the west
and south the advisory designation of MD is more appropriate. Therefore, a Future Land Use
Map designation of Transitional (TRN) and rezoning of Special Activities District (SAD) cannot
be supported.
Allowable Land Uses:
Under the proposed SAD (Special Activities District) zoning designation all allowed uses are
establish at the time of the establishment of the SAD zoning designation. While SAD zoning is
deemed consistent with any land use designation on the Future Land Use Map, the uses
allowed within a specific SAD shall be consistent with the land use category shown on the
Future Land Use Map. The uses, activities, and characteristics of a SAD are to be consistent
with the Cornprehensive Plan, suitable and compatible with surrounding existing development,
and with the proposed character of the area. The Transitional land use designation is not
consistent with the proposed industrial/commercial development proposed under the SAD
Ordinance. The Transitional land use category is not consistent with the MIC, L1, GC zoning
districts which currently allow self storage uses.
Further, the proposed use is not consistent with the adjacent development pattern to the south,
east, and west of the subject property. The proposed 4-story self storage facility at the gate of a
single family subdivision creates concerns with respect to compatibility with the existing
residential development, and its potential to negatively impact the character of the area.
Further, application of the SAD zoning designation is inappropriate given the intent of the
district which is to provide a zone district appropriate for projects which are not otherwise
classified or categorized in other zone districts. This use is classified and categorized in the
MIC, LI and limited GC zoning district. To accommodate this type of use would require a land
use category of Commerce, Industrial or General Commercial and zoning of Mixed Industrial
and Commercial or General Commercial. Given the predominant residential nature of the
adjacent land uses if these designations were requested they would clearly be found
inappropriate
Planning and Zoning Board Staff Rep" )Meeting of 01/23/06
Robotic Space Savers - Annexation, FLlJM, and Rezoning
Page 5
REQUIRED FINDINGS:
LAND DEVELOPMENT REGULATIONS CHAPTER 3 - PERFORMANCE STANDARDS:
Pursuant to LDR Section 3.1.1, 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 (FLUM), Concurrency, Comprehensive Plan Consistency, and
Compliance with the Land Development Regulations.
[J 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 Land Development Regulations Section 3.1.1 (A) (Future Land Use Map), all
land uses and resulting structures must be allowed in the zoning district within which the
land is situated, and said zoning must be consistent with the land use designation as shown
on the Future Land Use Map.
While the SAD zoning may be consistent with the proposed land use designation the
resulting uses are to be compatible with surrounding existing development and character of
the area. The resulting uses are not consistent with the adjacent development pattern to the
south, east, and west of the subject property, nor the residential character of the area.
Based on the above, positive findings cannot be made with respect to FLUM consistency.
[J Concurrency: Development at the highest intensity possible under the requested
designation can meet the adopted concurrency standards.
The proposal involves amending the FLUM designation from LR-3 to TRN (Transitional) on
a site, approximately 0.99 of an acre. The proposed FLUM Amendment to accommodate a
storage facility will result in an increase in some impacts on adopted concurrency standards.
Concurrency findings with respect to Parks and Recreation, Schools, Solid Waste, Traffic,
Water and Sewer are discussed below:
Solid Waste: The proposed 4-story building with 70,200 square feet of self storage floor
area generates 23.99 tons of solid waste per year (70,200 sq.ft x 5.2./2,000 Ibs. = 365,040
Ibs or 182.52 tons). This amount of solid waste can be accommodated by existing facilities
and lhus, will not have a significant impact on this level of service standard. The Solid
Waste Authority has indicated that its facilities have sufficient capacity to handle all
development proposals and existing facilities till the year 2024.
Water: Municipal water service is available via connection to a 12" water main located
along Military Trail, and also via an existing 8" main located on the east side of the subject
property. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's
Water Treatment Plant at build-out.
Sewer: Sewer service is available via connection to a 8" sewer main located along Military
Trail, and also via an existing 8" sewer main located on the east side of the subject property
draining to a lift station at the southeast corner of the Tire Kingdom site. Pursuant to the
Comprehensive Plan, treatment capacity is available at the South Central County Waste
Water Treatment Plant for the City at build-out.
Planning and Zoning Board Staff Rept )\IIeetlng of 01123/06
Robotic Space Savers - Annexation, FLUM, and Rezoning
Page 6
D Consistency: The requested designation is consistent with the goals, objectives and
policies of the most recently adopted Comprehensive Plan.
The following applicable Comprehensive Plan objective and policies are noted:
Future Land Use Element Policv A-1.7: Amendments to the FLUM must be based
upon the findings listed below, and must be supported by data and analysis that
demonstrate compliance with these findings:
Demonstrated Need -- That there is a need for the requested land use. The need must
be based upon circumstances such as shifts in demographic trends, changes in the
availability of land, changes in the existing character and FLUM designations of the
surrounding area, fulfillment of a comprehensive plan objective or policy, annexation
into the municipal boundaries, or similar circumstances. The need must be
supported by data and analysis verifying the changing demographics or other
circumstances. This requirement shall not apply to requests for the FLUM
designations of Conservation or Recreation and Open Space; nor shall it apply to
FLUM changes associated with annexations when the City's Advisory FLUM
designation is being applied, or when the requested designation is of a similar
intensity to the Advisory designation. However, the findings described in the
remainder of this policy must be addressed with all FLUM amendments.
No data and analysis has been provided by the applicant to support this amendment.
Therefore a positive finding cannot be made. While the applicant may assert that the
proposed Transitional designation is of a similar intensity as the advisory MD this is not the
case since the transitional designation allows office and limited commercial uses in addition
to residential uses. Further by utilizing the SAD ordinance process the applicant will
introduce industrial or commercial type uses to the site. As previously stated office
commercial and industrial uses are inconsistent with the predominantly residential character
of the adjacent properties.
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 in terms of soil,
topographic and other applicable physical considerations; is complimentary to
adjacent land uses; and fulfills remaining land use needs.
The subject property is vacant and does not have any unique environmental characteristics
that would prohibit development of the site or require mitigation measures. The subject
property, if developed as a self storage facility will not be complimentary to the adjacent
uses located to the south and west (Sierra Vista and Rockland Park single family
subdivision along Conklin Drive). The proposed self storage facility will be more appropriate
in a MIC (Mixed Industrial Commercial) or LI (Light Industrial) zoning Districts.
Compatibilitv -- The requested designation will be compatible with the existing and
future land uses of the surrounding area.
As described previously, the TRN (Transitional) land use designation allows the introduction
of uses that are not compatible with the predominant residential character of adjacent
development.
Compliance -- Development under the requested designation will comply with the
provisions and requirements of the Land Development Regulations.
Planning and Zoning Board Staff Rep\ ,Meeting of 01/23/06
Robotic Space Savers - Annexation, FLUM, and Rezoning
Page 7
The SAD is a unique district which requires submittal of a development plan concurrently
with the establishment of the SAD. This is required because unlike conventional zoning
designations some of the development standards are those which are set forth on the site
and development plan. The LDRs allow two alternative approval process; the first requires
processing of a complete site and development plan with at least preliminary engineering
plans. The second alternative processing option allows the proposed SAD to proceed to first
reading based on a design submission and prior to second reading requires that the site
development plan including landscaping and architectural plans be approved by Planning
and Zoning Board and accompany rezoning request to the second reading request to City
Commission. The applicant has chosen the second alternative for this application and the
following is an analysis of the associated sketch plan.
Pursuant to LDR Section 4.4.25 (D), the site plan submittal for the subject property shall
comply with the development standards as set forth in Section 4.3.4 of the LDRs except as
modified by the following requirements:
1) A minimum setback of fifteen feet shall be established around the perimeter of lhe
property. Within the front and any street side setback, the fifteen foot (15') setback area
shall be a landscape area and no pavement shall be allowed therein except for
pedestrian ways and driveways (or streets) which will provide access to the property and
which are generally perpendicular to the abutting street.
2) Setbacks for all interior spaces shall be as set forth on the site and development plan.
Perimeter Setbacks for SADs
Pursuant to Section 4.4.25(D)(1), a minimum setback of 15 feet shall be established around
the perimeter of any property developed under the SAD designation. Within the front and
any side street setback, a 15 foot setback area shall be a landscape setback area and no
pavement shall be allowed therein except for pedestrian ways and driveways which provide
access to the property and which are generally perpendicular to the abutting street. The
proposed building location exceeds the building setback requirements. The new building
provides a 77' front, 20' side, and 25' rear setbacks.
Parkina
The applicant has provided sixteen (16) parking spaces with one being a handicap space.
Pursuant to LDR Section 4.3.3(A)(2)(c), parking shall be provided at a rate of one (1) space
per 5,000 S.F. of building floor area devoted to self-storage and accessory
management/administration uses. This requirement maybe modified during the site plan
approval process if a sufficient number of storage units have direct vehicle access, and
internal driveways are designed to allow customers to safely park in front of their storage
unit without impeding internal circulation. Based on the proposed site plan modification a
total of 72,200 S.F of storage and office space, which equates to a total of 14 parking
required at one (1) per 5,000 S.F. The applicant has provided a total of 16 parking spaces
which exceeds the LDR requirement.
Pursuant to 4.3.4(4)(6)(b)(6), Along Military Trail, from the L-38 Canal northward to the L-30
Canal, a special landscape area shall be provided. This landscape area shall be the smaller
distance of either 30' or 10% of the average depth of the property; however, in no case shall
the landscape area be less than ten feet (10').
Planning and Zoning Board Staff RepQ'. )leetlng of 01/23/06
Robotic Space Savers - Annexation, FLUM, and Rezoning
Page 8
Pursuant to 4.3.4(4 )(J)(5), for special uses (not including residential, commercial, or
industrial uses) which can only be accommodated through the use of the SAD (Special
Activities) District, the height limitations for such a use within any SAD shall be specifically
set forth in the enacting ordinance of that specific SAD, provided that the SAD falls within
one of the geographical areas described in Subsection 4.3.4(J)(4 )(1).
Pursuant to 4.4.25(E)(1), for the proposed Safe and Secure storage facility the
supplemental district regulations as set forth in Article 4.6 of the LDRs shall apply. Parking
and loading requirements (number of spaces) shall be as set forth on the site and
development plan. [Amd. Ord. 60-93 10/12/93]
Florida Statues GoverninQ Voluntary Annexations:
Pursuant to the Florida Statutes 171.044 "the owner or owners of real properties in an
unincorporated area of the County, which is contiguous to a municipality and reasonably
compact may petition the governing body of said municipality that said property be annexed to
the municipality". Pursuant to F. S. 171.044 (5) "land shall not be annexed through voluntary
annexation when such annexation results in the creation of enclaves".
Pursuant to F.S. 171.031 (13), an "enclave" is (1) any unincorporated improved or developed
area that is enclosed within and bounded by a single municipality and a natural or man made
obstacle that allows the passage of vehicular traffic to that unincorporated area only through
the municipality.
· The property is contiguous with the City and reasonably compact. These parcels nor the
remaining subdivision do not technically meet the definition of an enclave as they are
contiguous to the west with Highpoint which is under County jurisdiction. However, while the
County has not yet responded it is anticipated that they will not support the annexation as
the annexation of this property will require that County personnel must drive through the
City to provide services to the residents of the Rockland subdivision.
Land Development ReQulations GoverninQ Annexations:
Pursuant to the Land Development Regulations 2.4.5 (C) (1) "the owner of land may seek the
annexation of contiguous property, under his ownership" pursuant to Florida Statutes. The
property owner has voluntarily petitioned for this annexation.
CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN:
DesiQnated annexation area: The territory to be annexed is located within the designated
annexation area (Area F) located on the west side of Military Trail north of Atlantic Avenue.
Annexation of the subject territory is consistent with the Future Land Use Element Policy B-3.5,
which calls for annexation of eligible properties through voluntary annexations as the
opportunities arise.
CONCURRENCY:
Provision of Services: Future Land Use Element B-3.1 states that when annexation of
property occurs, services are to be provided in a manner which is consistent with services
Planning and Zoning Board Staff Rep, }Meeting of 01/23/06
Robotic Space Savers - Annexation, FLUM, and Rezoning
Page 9
provided to other similar properties already in the City. Following is a discussion of required
services and the manner in which they will be provided.
Police: The subject property is currently served by the Palm Beach County Sheriff's Office,
located at 345 South Congress Avenue, which serves the South County area. The property
lies within Sheriff Patrol zone 4. Zone 4 is bordered by EI Clair Road on the west, the Atlantic
Ocean on the east, and Boynton Beach on the north and Atlantic Avenue to the south. One
officer is assigned to a particular zone during a shift (three shifts per day). The City of Delray
Beach's Police Department has 14 cars per shift patrolling a 15 square mile area during the
day and 15 cars during the night; and as a consequence, response time is significantly
improved upon annexation. Annexation will not require additional manpower since the police
currently pass the property during routine patrolling to the north and east of the property.
Fire and Emeroencv Services: The municipal area is served by Fire Station No. 4 (Barwick
Road and Lake Ida Road). With annexation, the property will receive an improved response
time from the current 5.5 minutes of the County's Fire Department (Fire Station #42 located on
Hagen Ranch Road close to the Turnpike) to 2.5 minutes for the City's Fire Department (Fire
Station #4 located at Barwick and Lake Ida Road).
Water and Sewer: City services regarding water and sewer have previously been discussed
under Future Land Use Analysis section of this report.
Streets: The subject property has direct access to Military Trail which is under the jurisdiction
of Palm Beach County. The jurisdictional responsibility immediately adjacent to the property
change with annexation as both sides of the street will be within the City limits. However,
associated road maintenance will not change upon annexation.
FinanciallmDacts:
Effect upon Annexed Propertv:
The following table depicts the current assessed value and total (County) taxes for the subject
property:
424614030020010 $22,650.00 $432.00 19.07285 23.725398 $537.38 $105.38
424614030020020 $21,390.00 $408.00 19.07433 23.725398 $507.49 $99.49
424614030020030 $21,390.00 $408.00 19.07433 23.725398 $507.49 $99.49
424614030020040 $21,390.00 $408.00 19.07433 23.725398 $507.49 $99.49
TOTAL $86,820.00 $1,656.00 19.07395 23.725398 $2,059.84 $403.84
For the 2005 tax year the subject property (four parcels) had a combined assessed value of
$86,820. With the change from County to City jurisdiction, the following taxes and rates will be
affected:
Planning and Zoning Board Staff Rept" flleeting of 01/23/06
Robotic Space Savers - Annexation, FLUM, and Rezoning
Page 10
Fire/Rescue MSTU
Palm Beach County Lib.
Palm Beach CO.Lib.Debt
Florida Inland Navegation
Health Care District
Children Service Council
Palm Beach County
Palm Beach County Debt
Public Schools Debt Servo
Public Schools Loc.Board
Public Schools State Law
SFWMD District
SFWMD Everglades Canst
City of Delray Beach
City of Delray Beach Debt
SUB-TOTAL
296.06
49.07
5.20
3.33
93.76
59.79
361.36
23.38
19.28
230.42
454.07
51.83
8.69
$1,656
3.199300 DELETE
0.540000 DELETE
0.040400 DELETE
0.038500
1.099969
0.300201
4.500000
0.267698
0.274000
2.591990
4.900000
0.510000
0.811900
7.466100 Added (City)
0.533900 Added (City)
19.073958 Difference"
4.22030
0.00
0.00
0.00
3.33
93.76
59.79
420.73
23.38
19.28
230.42
454.07
51.83
8.69
$648.21
$46.35
$2,059.84
0.00
0.00
0.00
0.469640
1.099969
0.300201
4.500000
0.267698
0.274000
2.591990
4.900000
0.510000
0.811900
7.466100
0.533900
23.725398
* Total tax mileage in the county is 19.0739 mills while in the city the total mileage is 23.7253 mills. Therefore the
difference is 4.2203 mills.
The current yearly ad valorem taxes are $1,656. With annexation the yearly ad valorem taxes
will be $2,059.84, (1656+403.84=2,059.84); a tax difference of $403.84. In addition to
property taxes, the following Non Ad Valorem fiscal responsibility will apply:
Delray Beach Storm Water Utility - This assessment is based upon the percentage of
impervious area of the buildings, parking areas, etc. A 25% discount from the assessment is
available since the property is within the Lake Worth Drainage District. An additional 25% is
also available as drainage is retained on site.
Solid Waste Authority - The Military Trail annexation areas are serviced under a new
contract by Waste Management (pursuant to a contract awarded October 1, 2003). City's
contract is currently through Waste Management. Pursuant to Florida Statute 171.062 (4) (a) ..
if a party has an exclusive franchise which is in effect for at least six months prior to the
initiation of an annexation, the franchise may continue to provide such services to the annexed
area for five years or the remainder of the franchise term whichever is shorter". As the waste
provider is currently the same this annexation will have no impact.
Resulting Impacts to the Property Owner:
Planning and Zoning Board Staff Rept; "'eetlng of 01/23/06
Robotic Space Savers - Annexation, FLUM, and Rezoning
Page 11
AD VALOREM TAXES 2006
City Mills. County Mills
23.7254 19.07395 = 4.2203
NON AD VALOREM TAXES 2005
Stormwater Assessment (When proposed project is built)
Solid Waste Collection When ro osed ro'ect is built
WATER & SEWER UTILITY FEES
ANNUAL FINANCIAL IMPACT:
+ $403.84
$378.39
$299.62
$0.00
+ $1,081.85
Fire Response +
Emergency Medical +
Services EMS
Police +
Code Enforcement +
m
Faster response from an estimated 5.5
minutes (Count) to 2.5 minutes Cit ).
Faster response from an estimated 5.5
minutes Coun to 2.5 minutes Ci .
Belter response based upon more officers
in field; 14 patroll cars per shift daytime,
15 atroll cars durin the ni ht.
Pro-active vs reactive opportunity to work
with ro e owners.
Fiscal Impacts to the Citv: At the 2003/2004 City operating milage of 7.4661 mills and debt rate
of 0.5339 mills, the property will generate approximately $403.84 in new ad valorem taxes per
year. Additional revenues will be realized through increased assessment value, the annual
collection of the storm water assessment fee as well as utility taxes (9.5% electric, 7%
telephone) and franchise fees on electric, telephone, and cable.
AD VALOREM TAXES 2005
City of Delray Beach (7.4661 Mills) $648.21
Ciht of Delrav Beach Debt (0.5339 Mills) $46.35
SUB-TOTAL $694.56
NON-AD VALOREM TAXES
Storm Water Utilitv (# sq.ft. of impervious area/2,502) X $54) $0.00
SUB-TOTAL $694.56
PARK AND RECREATION IMPACT FEE
$500 oer dwellina $0.00
TOTAL $694.56
Future Land Use Map Consistency, Concurrency, Comprehensive Plan Consistency and
Compliance with the development criteria of the LOR were previously discussed under the
"Future Land Use Map Amendment Analysis" section of this report. Compliance with the Land
Development Regulations with respect to Standards for Rezoning Actions and Rezoning
Findings are discussed below.
The proposed City zoning designation is SAD (Special Activities District) while the current
County zoning designation is CG/SE (Commercial General/Special Exception). The special
exception was approved by Resolution No. 80-836 and Resolution 80-837, approved on June
24, 1980, by the Board of County Commissioners which allowed a Funeral Home. This use is
Planning and Zoning Board Staff Rep, )Meeting of 01/23/06
Robotic Space Savers - Annexation, FLUM, and Rezoning
Page 12
more residential in type and would have less impact that most commercial uses. The current
proposal would introduce an industrial type of use which as previously stated is inconsistent
with adjacent land use patterns.
The surrounding zoning designations are: County AR (Agricultural Residential) to the west; City
RM (Multiple Family Residential- Medium Density) to the east; City GC (General Commercial)
to the north; and City LD (Multiple Family Residential- Low Density) to the south.
Section 3.2.2 (Standards for Rezonina Actionsl: Standard "A", "B", "C", and "E" are not
applicable with respect to this rezoning request. Standard "0" requires 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.
[Amd. Ord. 13-99 3/16/99]
The application of an initial zoning designation of SAD (Special Activities District) is not
consistent with the adjacent development pattern to the south, east, and west of the subject
property. The proposed storage facility creates concerns with respect to compatibility with the
surrounding existing development, and its potential to negatively impact the character of the
area. Therefore, the proposed Rezoning to Special Activities District (SAD) does meet the
requirements of LOR Section 3.2.2 (D) Standards for Rezoning Action and should be denied.
Further, pursuant to 4.4.25(A), the purpose and intent of the Special Activities District is to
provide a zone district which is appropriate for projects which are not otherwise classified or
cateaorized in other zone districts; or, which for some other reason, can not be properly
accommodated in the other zone districts. This use is classified and categorized in the MIC
zone district LI zone District and certain areas of GC (General Commercial) zoned district. To
accommodate a self storage facility under these zone designations would require a land use
category of Commerce, Industrial or General Commercial and zoning of Mixed Industrial, Light
Industrial and Commercial. Given the predominant residential nature of the adjacent land uses
those designations would clearly be inappropriate. By utilizing the SAD ordinance process the
applicant will introduce these industrial and/or commercial type uses to the site. As previously
stated office, commercial and industrial uses are inconsistent with the predominantly residential
character of the adjacent properties.
Section 2.4.5 (0) (5) (Rezoning Findings):
Pursuant to Section 2.4.5 (0) (5), Pursuant to lOR Section 2.4.5(0) (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 change is being sought. These
reasons include the following:
(a) That the zoning had previously been changed, or was originally established, in
error;
(b) That there has been a change in circumstances which make the current zoning
inappropriate; 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.
Planning and Zoning Board Staff Repo, }leeting of 01/23/06
Robotic Space Savers - Annexation, FLuM, and Rezoning
Page 13
The applicant is applying for annexation of this property into the City and the annexation
requires that an appropriate zoning designation also be applied. While the SAD zoning may be
consistent with the proposed land use designation TRN (Transitional), the proposed uses within
the SAD are not of similar intensity as allowed in the Transitional Land Use designation which
would not accommodate conventional zoning designations which would accommodate a self
storage use.
The subject properties are not in an area that requires review by the Community
Redevelopment Agency (CRA) or Downtown Development Authority (DDA).
Palm Beach County Notice:
On January 9, 2006 the Palm Beach County Planning Division was notified of the City's intent to
annex this property.
Lake Worth Drainaae District:
On January 18, 2006 Lake Worth Drainage District was notified of the City's intent to annex this
property.
IPARC Notice:
On January 18, 2006, notice of the Future Land Use Amendment has also been provided to the
Interlocal Plan Amendment Review Committee (IPARC) which distributes the information to
adjacent municipalities. No objections have been received.
Courtesy Notices:
Special courtesy notices were provided to the following homeowners and civic associations:
o PROD (Progressive Residents of Delray)
o Carolyn Zimmerman, Presidents Council
o Neighborhood Advisory Council
o Gerald DeFoe
o Gary Lord
o Gary Horatsis
o Nancy Monaco
o Frances Chassen
o High Point Delray West 1
o High Point Delray West 2
o High Point Delray West 3
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the subject
property. Additional letters of support or objection, if any, will be presented at the Planning and
Zoning Board meeting.
Planning and Zoning Board Staff Rep' )\Ileetlng of 01/23/06
Robotic Space Savers - Annexation, FLUM, and Rezoning
Page 14
Accommodating the annexation of this property is consistent with the City's program for
annexation of territory within its planning and service area. The application of an initial zoning
designation of SAD and the related development it is not consistent with the adjacent
development pattern to the south, east, and west of the subject property. The proposed self
storage facility does create concerns with respect to compatibility with the surrounding existing
development, and with the character of the area. The proposed Future Land Use designation of
Transitional (TRN) and Rezoning to Special Activities District (SAD) of the subject property is
not consistent with Policy A-1.7 and POlicy A-2.3 of the Comprehensive Plan, and does not
meet the requirements of LOR Section 3.2.2(0) Standards for Rezoning. Required findings with
respect to 3.1.1. (FLUM Consistency and Compatibility cannot be made). Staff recommends the
subject property be annexed with a Future Land Use Map designation of MD (Medium Density
5-12 du/ac) and zoning designation of RL (Multiple Family Residential - Low Density). Based
upon the above, the proposed Annexation, Future Land Use Map Amendment and associated
Rezoning application as presented should be denied.
The annexation will provide with better Police, Fire, EMS and Code Enforcement services. The
property will experience a slight increase in ad valorem taxes.
A. Continue with direction.
B. Move a recommendation of approval to the City Commission for the voluntary annexation,
FLUM Amendment from County LR-3 to Transitional (TRN), and the initial zoning
designation of SAD (Special Activities District) 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 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 voluntary annexation,
FLUM Amendment from County LR-3 to Transitional (TRN), and the initial zoning
designation of SAD (Special Activities District) 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 not consistent with the Comprehensive Plan nor meets 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 denial to the City Commission for the voluntary annexation, FLUM
Amendment from County LR-3 to City Transitional (TRN), and the initial zoning designation of
SAD (Special Activities District) for the subject property, by adopting the findings of fact and law
contained in the staff report, and failure to make positive findings with respect to LOR Section
3.2.2.(0), 3.1.1. (Future Land Use Map), 3.1.1. (Compatibility) 2.4.5.(0)(5) (Reasons for
rezoning) and inconsistensies with the Comprehensive Plan more specifically FLUM Element
Policy A-1.7 and Objective A-1.
Attachments:
. Location Map
. Conceptual Site Plan and Elevation
Staff Report Prepared by: Estelio Breto, Senior Planner
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MIL..ITAR'T" TRAIL AND CONKL.IN DRIVE DEl-RAY BEAC~
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TO: DAVIPb~JY MANAGER
THRU: PAUr&ORLlNG, D~CTO OF PL. NNI G AND ZONING
FROM: DERRICK COOK, PLANNE
SUBJECT:
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MEETING OF FEBRUARY 7, 2006
MODIFICATION TO ORDINANCE 28-89 (EXTRA CLOSET SAD)
TO INCREASE THE INTENSITY OF THE SITE TO ALLOW TWO
ADDITIONAL STORAGE BUILDINGS TOTALING 17,700 S.F.
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The subject property is a 4.95 acre tract located on the east side of Military Trail
approximately 2,450 feet south of Lake Ida Road. The property was annexed into the
City in 1989 via City Ordinance No. 28-89. The Ordinance applied an SAO zoned district
for the property and incorporated a site development plan, which allowed the
construction of two (2) one-story self-storage buildings. The two self-storage buildings
with a total floor area of 76,230 sq. ft. was a four phased project: Phase 1,18,000 sq. ft.,
Phase II, 20,250 sq. ft., Phase III, 18,000 sq. ft., and Phase IV, 19,980 sq. ft. Phase I
and II, a total of 38,250 sq. ft., has been constructed. Pursuant to LOR Section 2.4.4(0),
as the completion of the Phase I and II represent at least 25% of the construction, the
project is a vested development, and can be completed as approved.
The proposal before the Commission is an amendment of the SAO, (processed as a
rezoning) which involves modification of the approved site plan. The modification will
involve the addition of two self-storage facility buildings bordering the south side of the
property. One of the proposed buildings will be placed toward the east end of the
property having a width of 30' and a length of 490' (totaling 14,700 sq. ft). The second
building will be located toward the front of the property (west end) and have a width of
20' and a length of 150' (totaling 3,000 sq. ft.) and both buildings will be one-story in
height. The proposal will retain a total of six (6) parking spaces with one being handicap
accessible. Additional vehicle parking is available on the internal driveway access
system that allows customers to safely park in front of their storage units without
impeding internal circulation.
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At is meeting of January 23, 2006, the Planning and Zoning Board held a public hearing
in conjunction with review of the request. One person from the public spoke in
opposition to the proposed modification. After discussion, the Board voted 7-0 to
recommend to the City Commission approval of the following amendment to SAO
Ordinance No. 28-89 based upon positive findings of LOR Section 3.1.1 and 3.2.2(0),
and LOR Section 2.4.5(0)(5) (Rezoning Findings), and the Goals, Objectives and
I~
City Commission Documentation
Meeting Date: February 7, 2006
Extra Closet SAD Modification- Amendment to Ordinance No. 28-89
Page 2
Policies of the Comprehensive Plan subject to conditions identified in the staff report
and the following:
1. That the project is fully reviewed and approved by the Site Plan Review and
Appearance Board (SPRAB) with regards to site plan, exterior elevations, civil
engineering, and landscaping; and,
2. That the proposed new exterior elevations on Military Trail be extended along the
north and south side elevations at least 30 feet eastward from the front fayade.
~_~!~~M_E~_
By motion, approval of the following amendment to SAO Ordinance No. 28-89 to expand
the Extra Closet development plan to allow two additional self-storage buildings totaling
17,700 S.F., based upon positive findings of LOR Sections 3.1.1 and 3.2.2(0), and LOR
Section 2.4.5(0)(5) (Rezoning Findings), and the Goals, Objectives and Policies of the
Comprehensive Plan subject to compliance with conditions in the Planning and Zoning
Board staff report and the following:
1. That the project is fully reviewed and approved by the Site Plan Review and
Appearance Board (SPRAB) with regards to site plan, exterior elevations, civil
engineering, and landscaping; and,
2. That the proposed new exterior elevations on Military Trail be extended along the
north and south side elevations at least 30 feet eastward from the front fayade.
Attachments:
. Proposed Extra Closet SAD Ordinance No. 6-06
. P&Z Staff Report
. Location Map
. Original Extra Closet SAD Ordinance No. 28-89
Report prepared by: Derrick Cook, Planner
ORDINANCE NO. 6-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, AMENDING THE EXTRA CLOSET
SPECIAL ACTIVITIES DISTRICT (SAD), AS ESTABLISHED BY
ORDINANCE 28-89, BY ADDING TWO MORE SELF SERVICE
STORAGE FACILITY BUILDINGS TOTALING 17,700 SQUARE
FEET; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, an application has been received for a modification to The Extra Closet Special
Activities District (SAD) established by Ordinance 28-89, to add two more self service storage
facility buildings totaling 17,700 square feet; and
WHEREAS, at its meeting of January 23,2006, the Planning and Zoning Board for the City
of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 7 to
o to recommend that the request be approved, based upon positive findings and subject to
conditions; and
WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the changes are consistent with and
furthers the objectives and policies ofthe Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan; and
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 Extra Closet Special Activities District (SAD), established pursuant to
Ordinance 28-89 is hereby amended as follows:
(I) That the modifications to the site include:
(a) Construction of two self service storage facility buildings totaling 17,700 square feet.
(b) Installation of associated landscaping.
Section 3. That the Site Plan Review and Appearance Board (SPRAB) approval be obtained
for the specific site and development plan, and that any future site plan modifications be reviewed
by SPRAB.
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. 6-06
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PLANNING AND ZONING BOARD
---STAFF REPORT ---
CITY OF DELRA Y BEACH
MEETING DATE:
AGENDA ITEM:
ITEM:
January 23, 2006
III.A
Modification of an Approved SAD (Special Activities District) Ordinance
No. 28-89, to Expand the existing Site Plan to allow two additional self-
storage buildings. The subject property is a 4.95 acre tract located on the
east side of Military Trail approximately 2,450 feet south of Lake Ida RQad.
GENERAL DATA:
Owner/Applicant.............. Storage partners of Delray, LLC
Agent............................... Caulfield & Wheeler, Inc.
Location.......................... South of Lake Ida Road on Military Trail
Property Size................... 4.95 acres
Existing FLUM ................ Transitional
Current Zoning................ SAD (Special Activities District)
Proposed Zoning............. SAD (Special Activities District)
Adjacent Zoning.....North: Medium Density Residential
East: Medium Density Residential
South: Community Facility
West: Low Density Residential
Existing Land Use........... Approved Development of Two Self-
storage buildings totaling 76,230 sq. ft.
Proposed Land Use......... SAD modification to add two additional
self-storage buildings totaling 17,700 S.F.
Water Service.................. Existing 12" main within the existing spine
road.
Sewer Service................. Existing 8" main within the existing spine
road.
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The action before the Board is that of making a recommendation to the City Commission on the
modification of an existing SAD (Special Activities District) zoning district and its related site
plan. The SAD was established pursuant to Ordinance No. 28-89 and is approved for a 76,230
sq. ft. self-storage facility in two building. One of the two buildings exists on site and a permit is
being sought for the remaining building. The modification will include the addition of two more
self-storage buildings representing an additional 17,700 sq. ft.
The SAD is a special zone district which accommodates uses listed in the ordinance that
established the specific SAD district. Pursuant to Land Development Regulations (LDR) Section
4.4.25(C)(1), all SADs are established via an ordinance processed as a rezoning. Thus, all
findings necessary for approval of a rezoning are applicable to modification approval of the
SAD.
Pursuant to LDR Section 2.2.2(E), the Local Planning Agency (Planning and Zoning Board)
shall review and make recommendations to the City Commission with respect to the rezoning of
any property with the City.
BACKGROIlND;PROJECT DEiS(i"RIPTlON H'
/'1
The subject property is a 4.95 acre tract located on the east side of Military Trail approximately
2,450 feet south of Lake Ida Road. The property was annexed into the City in 1989 via City
Ordinance No. 28-89. The Ordinance applied an SAD zoned district for the property and
incorporated a site development plan, which allowed the construction of two (2) one-story self-
storage buildings. The two self-storage buildings with a total floor area of 76,230 sq. ft. was ~
four phased project: Phase I, 18,000 sq. ft., Phase II, 20,250 sq. ft., Phase III, 18,000 sq. ft., and
Phase IV, 19,980 sq. ft. Phase I and II, a total of 38,250 sq. ft., has been constructed. Pursuant
to LDR Section 2.4.4(D), as the completion of the Phase I and II represent at least 25% of the
construction, the project is a vested development, and can be completed as approved.
In 2005, a Class I site plan modification was administratively approved, which included the
installation of a cul-de-sac at the eastern end of the site and a corresponding indent in the
Phase III and IV building to accommodate this modification.
The proposal before the Board is an amendment of the SAD, to be processed as a rezoning and
modification of the related site plan. The modification is to allow two additional self-storage
facilities buildings at the site. The two buildings will border the south side of the property which
is adjacent to Community Facility district containing the U.S. Post Office. One of the proposed
self-storage buildings will be placed toward the east end of the property having a width of 30'
and a length of 490' totaling 14,700 sq. ft. The second self-storage building will be located
toward the front of the property (west end) and have a width of 20' and a length of 150' totaling
3,000 sq. ft. and both buildings will be one-story in height. The proposal will also provide a total
of six (6) parking spaces of which one will be handicap accessible.
Staff Planning & Zoning Board Report, January 23, 2006
SAD Ordinance Amendment - Extra Closet (Add two additional Self-Storage Buildings)
Page 2
SAD MODIFICArJONANAlVSIS
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SADORDmANCEAMENDMEN~
Pursuant to LOR Section 4.4.25, The Special Activities District (SAD) is established in order to
provide a zone district which is appropriate for projects which are not otherwise classified or
categorized in other zone districts; or, which for some other good reason, cannot be properly
accommodated in the other zone districts. While SAD zoning is deemed consistent with any
land use designation on the Future Land Use Map (FLUM), the uses allowed within a specific
SAD shall be consistent with the land use category shown on the FLUM. The uses, activities,
and characteristics of a SAD are to be consistent with the Comprehensive Plan, suitable and
compatible with surrounding existing development, and with the proposed character of the area.
Additional uses may be allowed after review and recommendation by the Planning and Zoning
Board and approval by ordinance of the City Commission. All modifications to SAD ordinances
are to be processed as a rezoning. The required findings include Chapter 3, LOR Section 3.2.2
and LOR Section 2.4.5(0)(5).
REQUIRED FINDINGS (CHAPTER 31:
Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development
applications, certain findings must be made in a form which is part of the official record.
This may be achieved through information on the application, 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 consistency with the Future Land Use Map, Concurrency,
Comprehensive Plan Consistency, and Compliance with the Land Development
Regulations.
With the annexation and SAD approval (Ordinance No. 28-89) at the City Commission meeting
May 23, 1989, positive findings were made with respect to the Future Land Use Map,
Concurrency, Comprehensive Plan Consistency, and Compliance with the Land
Development Regulations. These findings related to the establishment of a self-storage facility
containing a total of 76,230 sq. ft. with 20 parking spaces and related landscape improvements.
The proposed amendment includes the expansion of the approval to include an additional
17,700 sq. fl. of storage area and reduction of fourteen (14) parking spaces leaving a total of six
(6) parking spaces. These improvements do not affect the original findings made on May 23,
1989
REQUIRED FINDINGS PURSUANT TO LOR SECTION 3.2.2:
The request is an expansion of an existing use and as such requires findings in LOR Section
3.2.2 are not applicable with the exception of 3.2.2(0), which states that the rezoning shall result
in allowing land uses which are deemed compatible with adjacent and nearby land uses. The
expansion of this use is compatible with the adjacent land uses which included Community
Facilities to the south (U.S. Post Office) and Medium Density Residential uses to the north
(High Point development). To the west of the property is a mixed use of commercial, light
industrial and residential components which are largely within the Palm Beach County
jurisdiction. Actually one of the uses northwest of the property is a self-storage facility (Public
Self Storage).
Staff Planning & Zoning Board Report, January 23, 2006
SAD Ordinance Amendment - Extra Closet (Add two additional Self-Storage Buildings)
Page 3
Section 2.4.5(0)(5) (Rezonina Findinas):
Pursuant to Section 2.4.5(0)(5) (Findings), in addition to provisions of Section 3.1.1, and
3.2.2. the City Commission must make a finding that the rezoning fulfills one of the
reasons for which the rezoning change is being sought. These reasons include the
following:
a. That the zoning had previously been changed, or was originally established, in
error;
b. That there has been a change in circumstances which make the current zoning
inappropriate;
c. That the requested zoning is of similar intensity as allowed under the Future Land
Use Map and that it is more appropriate for the property based upon
circumstances particular to the site andlor neighborhood.
The applicant has submitted a justification statement, which states the following:
This request qualifies for reason C. Revisions to the existing site plan will require this application
to be filed as a rezoning to permit the modification of existing SAD/Site Plan. The modification
will include the addition of 2 storage buildings, an upgrade to the street side (facing Military
Trail) fayade of the existing building and revisions to the utility and landscape plan to
accommodate the additional buildings that are proposed. Given the structure of all SAD
ordinances it presents circumstances which require the processing of these changes as a
rezoning.
COMPREHENSIVE PLAN POLICIES:
A review of the objectives and policies of the adopted Comprehensive Plan was conducted and
the following applicable objectives and policies are noted.
Future Land Use Element Objective A-1: Properly 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.
By practice and policy, the SAD zoning designation is deemed consistent with the underlying
land use as shown on the Future Land Use Map (FLUM). The existing use (self-storage facility)
because of its low intensity (one-story) provides a transition between the higher intensity uses to
the south, (U.S. Post Office) and the Medium Density Residential (RM) uses to the north. The
proposed FLUM designation "Transitional" appropriately reflects the existing land use pattern.
In terms of fulfilling land use needs, the Comprehensive Plan states the transitional land use
designation is applied to land which is developed, or is to be developed, for either residential or
nonresidential uses. In some instances, this designation provides for a transition between less
intensive residential use and commercial uses.
Staff Planning & Zoning Board Report, January 23, 2006
SAD Ordinance Amendment - Extra Closet (Add two additional Self-Storage Buildings)
Page 4
Along Military Trail a combination of commercial, industrial, residential, and public facility uses
exist. The modification of the SAD to allow an expansion of an existing self-storage use will not
be contrary to the existing land uses.
Future Land Use Element Obiective A-1.1: The descriptions of land use designations
contained in this Element are hereby adopted and establish the intensity of use for each
future land use category and compatible zoning district designations.
As previously mentioned, the current FLUM designation is Transitional, which is compatible with
the FLUM designation of the surrounding areas. The expansion of the existing use and
modification of the SAD zoning continues to be compatible in intensity (one-story) to the
adjacent areas and as such is deemed a compatible zoning district designation.
The SAD is a unique district which requires submittal of a development plan concurrently with
the establishment or modification of the SAD. This is required because unlike conventional
zoning designations some of the development standards are those which are set forth on the
site and development plan. The LDRs allow two alternatives approval processes. The first
alternative requires the processing of a complete site and development plan with at least
preliminary engineering plans. The second alternative processing option allows the proposed
SAD to proceed to the first reading based upon a lesser submission. Prior to second reading a
complete site and development plan including landscaping and architectural plans must be
approved by the Planning and Zoning Board and accompanying the second reading of the
rezoning request to City Commission. For this SAD, the applicant has submitted a full site and
development plan and the following is an analysis of the submission.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS
Items identified in the Land Development Regulations shall specifically be addressed by
the taking final action on the site and development plan application/request. In
conjunction with the SAD modification request, a site plan application was submitted and
reviewed by staff. Staff's comments will be transmitted to the applicant and will need to
be addressed with the revisions to the site plan.
Perimeter Setbacks for SADs
Pursuant to Section 4.4.25(D)(1), a minimum setback of 15 feet shall be established around the
perimeter of any property developed under the SAD designation. Within the front and any side
street setback, a 15 foot setback area shall be a landscape setback area and no pavement shall
be allowed therein except for pedestrian ways and driveways which provide access to the
property and which are generally perpendicular to the abutting street. The existing building and
the proposed buildings locations exceed the building setback requirements. The new buildings
provide a 152.2' front, 15.3 side, and 17.1 rear setbacks.
ParkinQ
The applicant has provided six (6) parking spaces with one being a handicap space. Pursuant
to the SAD zoning district development regulations required parking can be established by the
site plan. If this were being developed utilizing the special regulations of Section 4.3.3., parking
Staff Planning & Zoning Board Report, January 23, 2006
SAD Ordinance Amendment- Extra Cioset (Add two additional Self-Storage Buildings)
Page 5
shall be provided at a rate of one (1) space per 5,000 sq. ft. of building floor area devoted to
self-storage and accessory managemenUadministration uses. Based on the combined site plan
a total of 93,930 sq. ft. of storage and office space, equates to a total of nineteen (19) parking
spaces. However, even under the self storage development standards a reduction is allowed if a
sufficient number of storage units have direct vehicle access, and internal driveways are
designed to allow customers to safely park in front of their storage units without impeding
internal circulation. Upon review, the site plan provides adequate room in front of each storage
unit to allow for loading and unloading without impeding vehicular circulation and therefore
supports a parking reduction.
Site Plan. Enaineerina. and Landscape Technical Items: The Engineering and Landscape
Divisions of the City both have submitted extensive comments regarding the proposed SAD
modification. The Divisions comments are attached as Appendix A and B respectively. None of
the comments will affect the spatial relationship of the improvements noted on the development
plan and can be attached as conditions of approval by the Planning and Zoning Board.
However, as a rezoning cannot proceed to City Commission with any conditions, these
conditions are to be addressed prior to scheduling of the item for City commission action.
The development proposal is not within a geographical area reqUiring review by the DDA
(Downtown Development Authority) or CRA (Community Redevelopment Agency).
Courtesy Notices:
A special courtesy notices was provided to the following homeowners and/or civic organizations:
. Neighborhood Advisory Council
. President Council
. PROD
. High Point Sections 6 and 7
· High Point Delray West Sections 1, 2, and 3
. Country Manors
. Rainberry Woods
. Lees Crossing
Public Notice:
Formal public notice has been provided to the owners of all properties subject to SAD
amendment as well as 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.
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The proposed modification to the SAD is consistent with the goals, objectives and/or policies of
the City's Comprehensive Plan, LDR Sections 2.4.5(D)(5), 3.1.1 and 3.2.2(D). Positive findings
can be made with respect to Concurrency and Compatibility with the surrounding land uses.
Staff Planning & Zoning Board Report, January 23, 2006
SAD Ordinance Amendment - Extra Closet (Add two additional Self-Storage Buildings)
Page 6
The self-storage use is appropriate and is consistent with the original intent of the site when it
was annexed into the City. As discussed earlier, the modification of the site to allow greater
density of self-storage and the proposed intensity (one story) is consistent with adjacent land
use patterns. The self-storage facility acts as a transition buffer between the residential use to
the north of the property and a commercial oriented use to the south. Based upon the above,
the positive recommendation can be made for the amendment to SAD Ordinance NO.28-89 and
the related site development plans based on the findings outlined in this report.
A. Continue with direction.
B. Recommend to the City Commission approval of the proposed amendments to the SAD
Ordinance No. 28-89 based upon positive findings with respect to the Goals, Objectives
and Policies of the Comprehensive Plan.
C. Recommend to the City Commission denial of the proposed amendments to the SAD
Ordinance No. 28-89 based upon a failure to make positive findings with respect to the
Goals, Objectives, and Policies of the Comprehensive Plan.
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By Separate Motion:
A. Recommend to the City Commission approval of the following amendment to SAD
Ordinance No. 28-89 based upon positive findings of Chapter 3, LDR Section 3.2.2., and
LDR Section 2.4.5(D)(5) (Rezoning Findings), and the Goals, Objectives and Policies of
the Comprehensive Plan subject to compliance with conditions contained in Appendix A
and B.
Attachments:
. Location Map
. Appendix A
. Appendix B
Report prepared by: Derrick Cook, Planner
Appendix A
Pre-application meeting with FDOT is required. Provide copy of pre-application letter from
DOT.
1. Palm Beach County permits are required for this project. Provide copies of the County
Right-of-Way permit, drainage permit and utility permit.
2. Health Department permits are required for this project. Provide copies of the water
permit and sewer permit.
3. A SFWMD permit is required for this project. Provide copies of permit or a letter of
exception.
4. A LWDD permit is required for this project. Provide copies of permit or a letter of
exception.
5. Engineering site and landscaping plans need to be drawn at 1"=20' or 1"=30' scale.
6. Indicate existing elevations on existing roadway.
7. Indicate proposed paving elevations and existing and proposed site grades.
8. Provide a typical cross section from building to adjacent right-of-way or adjacent
property at all property lines. Pay particular attention to grade differential from proposed
site to existing adjacent properties and show the existing grades on adjacent property.
9. Site is required to retain 5 year 1 hour storm (3.2") in addition to meeting water quality
criteria (1"0. Provide signed and sealed drainage calculations and indicate how storm
water will be retained on site.
10. Provide certified exfiltration trench test results.
11. Provide paving cross section.
12. Indicate limits of new pavement.
13. Clearly dimension driveway width. Maximum width of driveway is 24 feet.
14. Clearly indicate on plans the limits and types of all curbing.
15. Handicap spaces are to be provided in accordance with Florida Accessibility Code for
Building Construction.
16. Provide dimensions for section through dry retention area and indicate proposed
locations of trees.
17. Parking layout and striping need to follow City of Delray Beach standards. Provide
standard City of Delray Beach parking stall detail.
Staff Planning & Zoning Board Report, January 23, 2006
SAD Ordinance Amendment - Extra Closet (Add two additional Self-Storage Buildings)
Page 8
18. Indicate stop bars and signs at egress drives as well as providing interior traffic control
markings and signage. Clearly indicate onsite traffic control.
19. Indicate sight distances at all ingress/egress points and all intersections. Sight triangles
should be indicated on landscape plans. Provide copy of the approved landscape plans.
Per section 4.6.14 of LDR's any landscaping in the site triangle "shall provide
unobstructed cross-visibility at a level between 3' and 6'" this includes tree trunks.
20. Provide note that water meter sizes are to be determined by the City of Delray Beach
Utility Department upon building permit application and remove the size indicated on the
engineering plans.
21. A RPZ backflow preventor will be required on the water service. Provide standard city
RPZ backflow preventor detail on plans.
22. Provide on the plans current City of Delray Beach standard construction details as
applicable.
23. All connections to existing water mains shall be made while the water main is under
normal working pressure. If this cannot be accommodated, the design shall incorporate
special provisions such as line-stops to minimize the impact on existing customers.
24. Indicate on plans the location of pigging wyes.
25. Provide on the detail sheet the City's standard Fill and Flush detail.
26. Provide double valves at connection points.
27. Provide 12 foot water easement over water mains.
28. Water mains need to be located a minimum of 10' from building.
29. Indicate typical configuration and location of proposed sewer services with c1eanouts.
30. Provide note on both the Engineering Plans and the Landscape Plans that there shall be
no trees or shrubs placed within water, sewer or drainage easements.
31. Provide copy of approved Landscape plan.
32. Provide per LDR Section 2.4.3 (F) (4), a composite utility plan that show the location of
all existing and proposed utilities (water, sewer, power, telephone, gas, cable and
drainage). The composite plan shall be signed by a representative of each utility
provider attesting to the fact that services can be accommodated as shown on the
composite utility plan. The composite plan shall address the responsibility for relocation
of existing services and installation of new services.
33. A minimum 10' general utility easement is to be provided through the property.
34. A certified engineer's estimate will be required for all City maintained improvements. A
110% surety and 2% engineering inspection fees will be required. A Financial
Guarantee and Agreement for Completion of Required Improvements is required. This
agreement can be obtained at www.mvdelravbeach.com. For additional information see
Staff Planning & Zoning Board Report, January 23, 2006
SAD Ordinance Amendment - Extra Closet (Add two additional Self-Storage Buildings)
Page 9
Section II of the City of Delray Beach Minimum Construction Standards. Prior to
Certificate of Occupancy and the return of the 110% surety a 10% warranty surety will
be required.
35. Provide a Pollution Prevention Plan. Prior to and during construction of all sites, the
permitee shall implement and maintain all erosion and sediment control measures
included in the required Pollution Prevention Plan. For projects over one (1) acre in size,
provide a copy of FDEP Notice of Intent.
36. Provide a detailed description of how each of these comments has been addressed with
next submittal, along with two sets of revised plans to the Engineering Department, 434
S. Swinton Avenue.
37. Additional comments may follow upon provision of requested information.
Appendix B
1. Per 4.6.16(B)(4) to any modification of existing development which results in an increase
of 25% in the gross floor area of a structure, or structures, situated on the site---the
entire site shall be upgraded to present landscape standards.
2. Per 4.6.16(H) (4) (d) foundation landscaping shall be provided for building elevations
that are visible from the adjacent right-of-way. The applicant shall clearly delineate and
identify all existing landscaping along the south side of the existing building and
elsewhere on the site. The applicant shall provide foundation landscaping along the
west side of the building and the landscaping along the south side of the building shall
be upgraded There shall be vertical landscape elements to soften the fayade and the
planting shall be tiered, utilizing various shrub plantings and ground cover.
3. Per 4.6.16(H) (4) (c) the applicant shall provide screening for all ground level air
conditioning units and other mechanical equipment.
4. Per 4.6.16(D) (4) (a) the applicant shall provide the location of all overhead lines (if any).
The ultimate mature height and width of a tree to be planted should not exceed the
available overhead growing space. Tree species shall be consistent with the
recommendations in the most recent publication of FPL's "Plant the Right Tree in the
Right Place".
5. Black Olive trees are considered to be a nuisance species and should not be planted.
However, because they already exist on site, the Black Olive trees to be saved should
only be used to fill in the gaps along the north and east sides of the property to complete
the existing row of Black Olive trees. This will maintain some continuity. Any additional
Black Olive trees should be removed.
6. Per 4.6.16(H) (3) (a) a hedge wall or other durable landscape area shall be placed along
the interior perimeter of the required landscape strip that separates the vehicular use
area from the adjacent right-of-way. The two (2) parking stalls and the handicap space
along the west side of the property require screening. In addition, one (1) shade tree
shall be planted every thirty (30) feet along this buffer.
7. Per 4.6.16(H) (3) (d) a landscape barrier shall be provided between the off-street parking
area other vehicular use area and abutting properties. The landscape barrier may be
two (2) feet at the time of planting and achieve and be maintained at not less than three
(3) nor greater than six (6) feet in height to form a continuous screen between the off-
street parking area or other vehicular use area and such abutting property. This applies
to the west and south sides of the site.
8. Per 4.6.16(E) (3) all landscape areas shall be separated from vehicular use areas by car
stops or non-mountable, reinforced concrete curbing of the type characterized as "Type
D". This would include the existing parking areas.
9. A concrete area is proposed between the cul-de-sac and the building and just to the east
of the cul-de-sac. Pavement in that location shall be eliminated. That area shall be a
green area with landscaping.
Staff Planning & Zoning Board Report, January 23, 2006
SAD Ordinance Amendment - Extra Closet (Add two additional Self-Storage Buildings)
Page 11
10. There is a green area between the outside of the existing perimeter wall and the
property lines. The applicant shall be responsible to landscape and maintain these
areas. Access to these areas, without encroachment onto other properties, for
maintenance of the wall and landscaping shall be provided.
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Located on the east side of Military Trail,
between West Atlantic Avenue and Lake Ida
Road, approximately 2,150 feet north of
West Atlantic Avenue.
PORTION IMPROVED
PORTIOii UNU1PROVED
ORDINANCE NO. 28-89
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO
THE CITY OF DELRAY BEACH A PARCEL OF LAND
LYING AND BEING IN SECTION 13, TOIiNSHIP 46
SOUTH, RANGE 42 EAST, PALM BEACH COUNTY,
FLORIDA, walCH LAND IS CONTIGUOUS TO EXISTING
MUNICIPAL LIMITS OF SAID CITY: SAID LAND IS
LOCATED ON THE EAST SIDE OF MILITARY TRAIL,
BETWEEN WEST ATLANTIC AVENUE AND LAKE IDA
ROAD, APPROXIMATELY 2,750 FEET NORTH OF WEST
ATLANTIC AVENUE: REDEFINING THE BOUNDARIES OF
SAID CITY TO INCLUDE SAID LAND: PROVIDING FOR
THE RIGHTS AND OBLIGATIONS OF SAID LAND,
PROVIDING FOR THE ZONING THEREOF TO SAD
(SPECIAL ACTIVITIES) DISTRICT: GRANTING
CONDITIONAL USE AND SITE AND DEVELOPMENT PLAN
APPROVAL WITH CERTAIN CONDITIONS: AMENDING
, .ZONING MAP OF DELRAY BEACH, FLORIDA, 1983R;
PROVIDING A GENERAL REPEALER CLAUSE, PROVID-
ING A SAVING CLAUSE, PROVIDING AN EFFECTIVE
DATE.
WHEREAS, The Extra Closet, Ltd. is the fee-simple owner
of the property hereinafter described1 and,
WHEREAS ~ The Extra Closet, Ltd. has requested pursuant
to Aqreement For Water Service dated July 1, 1986, and recorded
':1 Official Record Book 4956, Page 1594, which agreement was a
"lvenant for annexation running with the property hereinafter
~scribed, to have the subject property annexed into the munici-
al limits of the City of Oelray Beach, and,
WHEREAS, the subject property hereinafter described is
now contiguous t.o the corporat.e limits of the City of Oelray
Beach, thus making said petition for annexation effective at this
time1 and,
WHEREAS, the designation of a zoning classification is
part of the annexation proceeding, and provisions of City Code
Section 173.886 have been followed in establishing the proposed
zoning designation, and,
WHEREAS, the City of Delray Beach has heretofore been
authorized to annex lands in accordance with Section 171.044 of
the Florida Statutes,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS,
Section 1. That the City eoDDDission of the City of
Delray Beach, Pa~ Beach County, Florida, hereby annexes to said
City the following described land located in Palm Beach County,
Florida, which lies contiguous to said City to-wit:
The South 220 feet of the West 990 feet of
the South Half IS 1/2) of the NorthWest
Quarter INK 1/4) of the Northwest Quarter INK
1/4) of Section 13, Township 46 South, Range
42 East, Palm Beach County, Florida.
The subject property is located on the east
side of Military Trail, between West Atlantic
Avenue and Lake Ida Road, approximately 2,750
feet north of West Atlantic Avenue.
The above described parcel contains a five
(5) acre parcel of land, more or le8S.
Section 2. That the boundaries of the City of Delray
Beach, Florida, are hereby redefined to include therein the above
described tract of land and said land is hereby declared to be
within the corporate limits of the City of Delray Beach, Florida.
Section 3. That Section 173.886 of the Zoning Code has
been followed in the establishment of a zoning classification in
this ordinance and the tract of land hereinabove described is
hereby declared to be in Zoning District SAD (Special Activities)
as defined by existing ordinances of the City of Delray Beach,
Florida.
Section 4~ That pursuant to Section 173.631, .SAD
Special Activities District-, .Uses Allowed, Approvals-, approval
for the subject property described in Section 1, above, Is hereby
granted for a Dry Storage Facility in the form of a Mini-
Warehouse.
Section S. That the development of the property
described in Section 1, above, is to be in accordance with the
approved site and development plans prepared by Kilday and
Associates, as approved by the City Commission on September 23,
1986, and stamped approved under the signature of Stan Weedon on
November 10, 1986; all of which are incorporated by reference and
made a part hereof and upon which the City has relied in granting
this approval.
Section 6. That the Planning- Director of said City
shall, upon the effective date of this ordinance, change the
Zoning Map of Delray Beach, Florida, to conform with the provi-
sions of Sections 1 and 3, hereof.
Section 7. That the land hereinabove described shall
~ediately become subject to all of the franchises, privileges,
immunities, debts, obligations, liabilities, ordinances and laws
to which lands in the City of Delray Beach are now or may be
subjected and persons residing thereon shall be deemed citizens
of the City of Delray Beach.
Section 8. That this annexation of the subject proper-
ty, including adjacent roads, alleys, or the like, if any, shall
not be deemed acceptance by the City of any maintenance responsi-
bility for such roads, alleys, or the like, unless otherwise
specifically initiated by the Ci ty pursuant to current require-
ments and conditions.
Section 9. That all ordinances or parts of ordinances
in conflict herewith be, and the same are hereby repealed.
Section 10. That should any section or provision of
this ordinance or any portion thereof, any paraqraph, 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 11. That this ordinance shall become effective
immediately upon passage on second and final reading.
- 2 -
Ord. No. 28-89
PASSED AND ADOPTED in reqular session on
final reading on this the 23rd day of May
second and
, 1989.
Q~
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MAYOR
ATTEST.
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City Cle k
First Readinq ap~il?~ lqAq
Second Reading May 23, 1989
- 3 -
Ord. No. Z8-89
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FROM:
DAV!O~D~' ITV M'AN'AGER
PAU{~L1NG. 01 ~TDR OF P~NG AND ZONING
J'AMES G. C'AIN, S NIOR PLANNEY u."..,!)f ~
MEETING OF FEBRUARY 7,2006
PRIV'ATELY-INITI'ATED REZONING FROM SAD (SPECI'AL ACTIVITY
DISTRICT) TO RM (MEDIUM DENSITY RESIDENTIAL) FOR BAHIA DELRAY
LOCATED AT 995 CRYST'AL WAY, 2100 FEET TO THE SOUTH OF LINTON
BOULEV'ARD)
TO:
THRU:
SUBJECT:
The subject property totals 25.19 acres and includes all of the plat of Waterford Village. as
recorded in Plat Book 61. Page 80. of the public records of Palm Beach County. The property is
presently zoned SAD with an underlying FLUM designation of MD (Medium Density Residential 5-
12 dwelling units/acre).
The subject property is owned by Waterford Village Developers, LLC. The rezoning request is
being sought as it is more consistent given the Future Land Use Map designation of MD and the
existing residential uses on the property. Accompanying this request is a concurrent Class IV Site
Plan Modification to construct 48 additional three-story town home units and convert the existing
residential apartment rental units into condominiums for sale. The additional 48 units would
increase the density of the project from 9.36 to 11.27 dwelling units per acre. A maximum density
of 12 units per acre is allowed under the proposed RM District.
PLANNING AND ZONING BOARD CONSIDERATION
, ,. .", I
The Planning & Zoning Board considered this request at the January 23, 2006 meeting. A public
hearing was held and no one from the publiC spoke on this item. The Board voted unanimously 7-
o to recommend approval of the rezoning request to the City Commission. by adopting the findings
of fact and law contained in the staff report, and a finding that the request was consistent with the
Comprehensive Plan, and meets the criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of
the Land Development Regulations.
Approve the rezoning request (Ordinance No 7-06) from SAD to RM, 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 2.4.5(D) (5), 3.1.1 and 3.2.2 of
the Land Development Regulations.
Attachments: Planning and Zoning Board Staff Report of January 23. 2006
I~t
ORDINANCE NO 7-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED SPECIAL ACTIVITIES DISTRICT (SAD)
DISTRICT TO MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT;
SAID LAND BEING A PARCEL LOCATED ON THE NORTH SIDE
OF AUDUBON BOULEVARD, ON THE WEST SIDE OF DOTTEREL
ROAD, BETWEEN 1-95 AND LINDELL BOULEVARD, AS MORE
PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING
MAP OF DELRA Y BEACH, FLORIDA, APRIL 2005"; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
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 Special Activities District (SAD)
District; and
WHEREAS, at its meeting of January 23, 2006, the Planning and Zoning Board for the City
of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 7 to
o to recommend that the property hereinafter described be rezoned, based upon positive findings;
and
WHEREAS, pursuant to Florida Statutes I63.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the changes are consistent with and
furthers the objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan; and
WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach,
Florida, be amended to reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 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 Medium Density Residential (RM)
District for the following described property:
All of the Plat of Waterford Village, according to the plat thereof as recorded in Plat Book
61, Pages 80 through 82, of the public records of Palm Beach County, Florida, less the road right-
of-way dedication for Audubon Boulevard.
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. 7-06
PLANNING AND ZONING BOARD
CITY OF DELRA Y BEACH ---STAFF REPORT ---
January 23. 2006
III-B.
Rezoning from SAD (Special Activities District) to RM (Medium Density Residential)
for Bahia Delray, a 25.19 acre parcel. The subject properly is located at 995 Crystal
Way which is bounded on the south side by the intersection of Audubon Boulevard
and Dotterel Road and on the northeast side by the intersection of Lindell Boulevard
and Egret Circle. This is approximately 2100 feet south of Linton Boulevard (Quasi-
Judicial Hearing).
MEETING DATE:
AGENDA ITEM:
ITEM:
GENERAL DATA:
Owner/Applicant......................... Waterford Village
Developers, LLC.
Location...................................... 995 Crystal Way.
(Approximately 2100 feet
south of Linton Boulevard)
Properly Size.............................. 25.19 Acres
Future Land Use Map................ MD (Medium Density 5-12 du/ac)
Current Zoning............................ SAD (Special Activities
District)
Proposed Zoning........................ RM (Medium Density
Residential)
Adjacent Zoning................North: SAD
East: RM
South: R-1-AA. R-M
West: A, SAD
Existing Land Use...................... Multi-Family Apartments
(2-story)
Proposed Land Use.................... 48 Townhomes
(3-story)
Water Service............................. Existing 8" water main within
the Waterford Village
Subdivision.
Sewer Service............................. Existing 8" Sewer line within
the Waterford Village
Subdivision.
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ITEM BEFORE THE BOARD
I
The action before the Board is that of making a recommendation to the City Commission on a
privately sponsored rezoning from Special Activities District (SAD) to Medium Density Residential
(RM) for Bahia Delray, a 25.19 acres parcel. The subject property is located at 995 Crystal Way
which is bounded on the south side by the intersection of Audubon Boulevard and Dotterel Road
and on the northeast side by the intersection of Lindell Boulevard and Egret Circle. This is
approximately 2100 feet south of Linton Boulevard.
Pursuant to Land Development Regulations (LDR) Section 2.2.2(E) (6), the Local Planning Agency
(Planning and Zoning Board) shall review and make a recommendation to the City Commission with
respect to a FLUM amendment and Rezoning of any property within the City.
BACKGROUND
I
The subject property totals 25.19 acres and includes all of the plat of Waterford Village, according to
the plat thereof, as recorded in Plat Book 61, Page 80, of the public records of Palm Beach County.
The property is presently zoned as SAD with an underlying FLUM designation of MD (Medium
Density residential 5-12 dwelling units/acre).
There have been several important events connected to the history of this property. In 1984, a
rezoning from PRD-4 to Special Activities District (SAD) was approved by Ordinance 79-84 for the
86.42 acres tract. The subsequent Waterford/Delint DR I-DO (Development of Regional lmpact-
Development Order) was approved by Resolution 49-85 on May 28, 1985. The original approval
contained 811,763 sq. ft. of office space, a 250 room hotel, and 236 multi-family units.
The Waterford Village Apartment complex was the initial residential component constructed in 1988
and consists of 236 multiple family units within 17 buildings (including the clubhouse and recreation
buildings). The apartment complex is located on 21 acres along the south side of the SAD with
access provided via a roadway connection (Crystal Way) to Lindell Boulevard.
In May of 1996, the SAD/DRI-DO was modified to replace the approved 322,413 square feet of office
space with 300 residential units and a seventy-eight (78) room hotel. These actions were taken via
Ordinance No. 11-96 and Resolution No. 37-96.
On September 3, 1997, the Site Plan Review and Appearance Board (SPRAB) approved, with
conditions, the site plan for Carriage Homes of Waterford Park (Alta Meadows), a 300-unit apartment
complex consisting of 587 parking spaces, and associated landscaping on 31.56 acres. (This site is
adjacent to the north of the subject property).
On January 20, 1998, the City Commission approved Ordinance No. 1-98, and Resolution 6-98,
which dissolved the Waterford Place/Delint Development of Regional Impact (DRI). However, while
eliminating the DRI, Ordinance No. 1-98 incorporated many of the conditions of the DRI Development
Order.
In 2000, a Comprehensive Plan Amendment (CPA) was approved to change the Future Land Use
Map to the north of the subject property from MD (Medium Density Residential) to TRN (Transitional).
The CPA had a condition of approval to construct a hotel for the property north of the residential
component and south of the Home Depot. In 2001, this condition of approval for the CPA was
removed.
PROJECT DESCRIPTION
I
The subject property is owned by Waterford Village Developers, LLC. The applicant has submitted a
rezoning request from SAD to RM to the Planning & Zoning Department and is requesting the Board
make a recommendation to the City Commission. They have stated that the RM Zoning is more
Planning and Zoning Board Staff Report
Bahia Delray - Rezoning from SAD to RM
Page 2
consistent with the Future Land Use designation of MD and with the existing residential uses on the
property. They have also submitted a concurrent Class IV Site Plan Modification in order to construct
48 additional three-story townhome units and have proposed upgrades to reconfigure and convert the
existing residential apartment rental units into condominiums for sale.
ANALYSIS
I
REQUIRED FINDINGS:
LDR IChaDter 3) PERFORMANCE STANDARDS:
Pursuant to LDR Section 3.1.1, prior to the approval of development applications, certain
findings must be made in a form which is part of the official record. This may be achieved
through information on the application, the staff report, or minutes. Findings shall be made
by the body which has the authority to approve or deny the development application. These
findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency
and Compliance with the Land Development Regulations.
Future Land Use MaD: 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 proposed zoning designation of Medium Density Residential (RM) is consistent with the existing
Medium Density Residential (MD) FLUM designation. Multiple-famiiy townhouse developments are
allowed under RM zoning district as a permitted use at a base density of six (6) units per acre. A
density increase up to 12 units per acre is allowed only if the development proposal can demonstrate
substantial compliance with the performance standards listed in LDR Section 4.4.6(1). Based on the
above, positive findings can be made with respect to FLUM consistency.
Concurrencv: Concurrency, as defined pursuant to Objective B-2 of the Future Land Use
Element of the Comprehensive Plan, must be met and a determination made that the public
facility needs of the requested land use andlor development application will not exceed the
ability of the City to fund and provide, or to require the provision of, needed capital
improvements in order to maintain the Levels of Service Standards established in Table CI-
GOP-1 of the adopted Comprehensive Plan of the City of Delray Beach.
The proposal involves amending the zoning designations from SAD to RM on a parcel which totals
approximately 25.19 acres. The proposed rezoning will result in an increased impact on adopted
concurrency, as the proposed density increases from 9.36 to 11.27 dwelling units per acre with the
addition of 48 town homes. Concurrency findings with respect to Parks and Recreation, Schools, Solid
Waste, Traffic, and Water and Sewer are discussed below:
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, a density increase from 9.36 to 11.27 dulac constituting 48
new dwelling units requires an additional park impact fee of $24,000.
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 must approve the
development proposal for compliance with the adopted Level of Service for School Concurrency.
Verification from the Palm Beach County School District is pending and the receipt of a written finding
of approval from the School District will be required with site plan approval.
Solid Waste: The subject property now has 236 residential units and is proposed to increase to 284
with the addition of the 48 new town home units. Based on a waste generation rate of 1.99 tons per
Planning and Zoning Board Staff Report
Bahia Deiray - Rezoning from SAD to RM
Page 3
year for apartment and town home units, the subject properties will generate an additional 95.52 tons
of solid waste per year which results in a combined total of 565.16 tons of solid waste per year. The
increase of 16.6% will require a solid waste collection fee of $168.96 (48 units x $3.52 per unit).
Traffic: According to the provided traffic study, the proposed zoning designation and addition of 48
townhome units will generate 29 A.M. and 33 P.M. peak hour trips with a total of 336 daily trips. A
copy of the submitted traffic study has been transmitted to the Palm Beach County Traffic Division for
review. A letter from the Palm Beach County Traffic Division stating that the proposal complies with
the Palm Beach County Traffic Performance Standards Ordinance must be received prior to site plan
approval. If the proposal meets traffic concurrency standards, a positive finding with respect to traffic
concurrency can be made.
Water and Sewer: Water service can be provided to the site through an existing 8" water main within
the Waterford Village Subdivision which is located along Crystal Way and from a 10" water line along
Lindell Boulevard. There are also several existing 6" sewer lines all throughout the subdivision which
can service the new residential units. The Comprehensive Plan states that adequate water and sewer
treatment capacity exists to meet the adopted level of service standard at the City's build-out
population. The proposed rezoning will increase the demand on these publiC services and a
stormwater assessment fee of $2592 ($54 per unit) will be required. A positive finding with respect to
this level of service standard can be made subject to meeting all Fire Department and Engineering
technical comments related to water and sewer lines and fire hydrants.
Consistencv - The requested designation is consistent with the goals, objectives and policies
of the most recently adopted Comprehensive Plan.
COMPREHENSIVE PLAN POLICIES: A review of the objectives and policies of the adopted
Comprehensive Plan was conducted and the following applicable objectives and policies are
noted:
Future Land Use Element Obiective A-1: Property shall be developed or redeveloped in a
manner so that the future use and intensity is appropriate 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 with the subject property. Infill development of
the property to increase the density of residential, based upon the proposed zoning, is compatible with
the adjacent land uses, which consist of medium density residential to the north, east, and southeast;
low density residential to the south, and open space to the west.
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 addition of 48 new town home units and condo conversion upgrades of the existing
Waterford Village Apartments into Bahia Delray will have a positive effect on other neighboring
residential properties as the quality of development will be improved and have a positive effect on
neighboring residential properties.
ComDliance--Development under the requested designation will comply with the provisions
and requirements of the Land Development Regulations.
Planning and Zoning Board Staff Report
Bahia Delray - Rezoning from SAD to RM
Page 4
Future development of the subject parcels will be in accordance with the City's Land Development
Regulations. During the site plan review process, the development proposal will be reviewed for
compliance with the LDR to meet all applicable minimum lot area and lot dimensions requirements for
the RM zoning district (LDR-Section 4.3.4(K) as well as the specific requirements for Townhouses and
Townhouse Types of Development under LDR-Section 4.3.3(0).
ZONING ANALYSIS
I
STANDARDS FOR REZONING ACTIONS:
Compliance with the performance standards set forth in LDR Section 3.2.2, along with the
required findings in LDR Section 2.4.5(D) (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.
LDR Section 2.4.5ID) IS) - Rezonina Findinas:
Pursuant to LDR Section 2.4.5(D) (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 change is
being sought. These reasons include the following:
(a) That the zoning had previously been changed, or was originally established, in error;
(b) That there has been a change in circumstances which make the current zoning
inappropriate; 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.
The applicant has indicated in their statement of the reasons for the rezoning that they fulfill two
out of three reasons (b and c) for a positive rezoning finding. The following is an excerpt from
the applicant's justification statement:
(b) "The current SAD zoning was established to accommodate a mixed use project which in its
original conception was known as the Waterford DRI. Over the years, the DRI has actually
been dissolved since the actual development that has evolved no longer meets the
various thresholds. In addition, there is very little integration of the uses in the project. For
instance, the Bahia Delray project does not physically connect with the rest of the parcels
in the original DRI and there is no integration or sharing of amenities. "
'These changed circumstances would seem to make the SAD zoning which is designated
to accommodate large mixed use projects less appropriate than when the Waterford DRI
was initially planned. Alternatively, the RM district would seem to be very appropriate in
that the Bahia Delray Project is a medium density residential project which meets the
standards of that district. "
"It should also, be noted that the SAD zoning currently applicable to site requires that the
RM development standards be used as a guide to design. Thus, the effect of any re-
zoning of the property to RM would simply be to make the district classification consistent
with the applicable development standards. "
(c) "The Bahia Delray site is within an MD (Medium Density ReSidential) classification on the
City's Comprehensive Plan. This district allows the RM zoning classification and
this designation would clearly be appropriate for the site. "
Planning and Zoning Board Staff Report
Bahia Delray - Rezoning from SAD to RM
Page 5
According to the applicant, the basis for which the rezoning is being sought most closely relates to
reasons (b) and (c). If consideration is given to modify the zoning designation to RM, then it will more
closely match the MD (Medium Density) future land use classification of the site. It is noted that the
applicant has indicated they will provide 44% landscaped open space which exceeds the minimum
requirement of 25%. In research of the land use history of the overall site, staff does note that there
was a condition in the Waterford Place SAD which limited the total number of residential units to 536.
Of note is that the property as currently zoned has reached its limit in the number of housing units
(Waterford Village-236 units, Alta Meadows-300 units) which are allowed in the SAD. Thus, another
reason for the rezoning request becomes apparent but was not stated by the applicant.
LDR Section 3.2.2: Standards B, C and E are not applicable. The applicable performance
standard of LDR Section 3.2.2 is as follows:
(A) The most restrictive residential zoning district that is applicable given existing
development patterns and typical lot sizes shall be applied to those areas identified as
"stable" and "stabilization" on the Residential Neighborhood Categorization Map.
Requests for rezoning to a different zoning designation, other than Community Facilities,
Open Space, Open Space and Recreation, or Conservation shall be denied. [Amd. Ord.
13-99 3/16/99]
Although this area is identified as "stable" in the Comprehensive Plan's Residential Categorization
Map this project proposes developing additional residential units within a 25.19 acre lot which already
has residential development in place. The existing development patterns on and around the site are
predominantly medium density residential and is reflected by the adjacent RM zoning to the southeast
and east of the subject property with Audubon Boulevard clearly serving as the dividing line between
medium and lower density residential with R-1-AA zoning (Bass Creek) to the south of Audubon
Boulevard.
(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.
For the overall area designated as the Waterford Place SAD the development trend is toward further
residential development (due to the removal of the DRI designation and shrinking amount of property
zoned as SAD). There still could be a need to provide landscaping buffers towards the northern
portion of the Waterford Place SAD (e.g.-Alta Meadows Subdivision) based on the adjoining locations
of commercial retail development (Home Depot, Target) in the area.
As mentioned previously Audubon Boulevard is a clear dividing line between the medium density
residential represented on the subject property and the adjoining properties to the immediate east
and north and the Low Density Residential (R-1-AA) to the south. This is also the case to the south
and east of the intersections of Dotterel Road and Lindell Boulevard which are also low density and
zoned as R-1-AA. To the west a significant man-made barrier in the form of 1-95 is present but with a
small Agricultural Zoned area with open space future land use providing the residential development
a buffer from the interstate. Thus the rezoning request for the immediate subject property should be
compatible with the surrounding areas and positive findings with regard to LDR Section 3.2.2(D) can
be made.
The subject properties are not in an area that requires review by the Community Redevelopment
Agency (CRA) or Downtown Development Authority (DDA).
Courtesy Notices:
Special courtesy notices were provided to the following homeowners and civic associations:
Pianning and Zoning Board Staff Report
Bahia Delray - Rezoning from SAD to RM
Page 6
o Tropic Palms Homeowners Association
o Delray Racquet Club
o Presidents Council
o Progressive Residents of Delray (PROD)
o Neighborhood Advisory Council
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the subject
property. Letters of support or objection, if any, will be presented at the Planning and Zoning Board
meeting.
The proposed rezoning from SAD (Special Activity District) to RM (Medium Density Residential
District) is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land
Development Regulations. The rezoning request will provide for compatible multi-family 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 LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning
Actions), LDR Section 2.4.5(D)(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.
ALTERNATIVE ACTIONS
I
A. Continue with direction.
B. Move a recommendation of approval to the City Commission for the privately sponsored request
for a rezoning from SAD (Special Activity District) to RM (Medium Density Residential District) for
Bahia Delray, by adopting the findings of fact and law contained in the staff report, and finding
that the request and approval thereof is consistent with the Comprehensive Plan and meets the
criteria set forth in Sections 2.4.5(D) (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 SAD (Special Activity District) to RM (Medium Density Residential District) for Bahia
Delray, by adopting the findings of fact and law contained in the staff report, and finding that the
request is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in
Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development Regulations.
STAFF RECOMMENDATION
I
Move a recommendation of approval to the City Commission for the privately sponsored request for
rezoning from SAD (Special Activity District) to RM (Medium Density Residential District) for Bahia
Delray, by adopting the findings of fact and law contained in the staff report, and finding that the
request and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth
in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development Regulations.
Attachments:
Zoning Map
Future Land Use Map
Survey
Prepared by:
James G. Cain, AICP
Senior Planner
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[ITY DF DELRAY BEA[H
CITY ATTORNEY'S OFFICE
,00 NW 1st AVENUE' DELRAY REACII. FLORIDA 33444
1'IJ .EPIIONE: )61/2-+,\ 7(Jl)(}. FAC'SI!\1ILE: 561/178-4755
DELRAY BEACH
~
All-America City
, III I! DATE:
Writer's Direct Line: 561/243.7090
MEMORANDUM
January 13, 2006
1993
2001
TO:
City Commission
David T. Harden, City Manager
~
FROM:
Terrill Barton, Assistant City Attorney
SUBJECT: Ordinance Reqardinq Safe and Secure Installation of Newsracks
The attached Ordinance No. 9-06 on newsracks proposes changes to our current
ordinance in order to provide for the safe and secure installation of newsracks
throughout the City of Delray Beach.
Please place this itern on the February 7, 2006 City Commission agenda. for
consideration.
Thank you.
TCB:smk
Attachment
cc: Chevelle Nubin, City Clerk
Rich Bauer, Code Enforcement Administrator
J';)J)
ORDINANCE NO. 9-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH BY AMENDING
CHAPTER 102, "STREETS AND SIDEWALKS", SECTION 102.43,
"STANDARDS FOR NEWSRACKS AND MODULAR NEWSRACKS,
INCLUDING MAINTENANCE, INSTALLATION AND LOCATIONS",
TO PROVIDE ADDITIONAL STANDARDS FOR THE SAFE AND
SECURE INSTALLATION OF NEWSRACKS THROUGHOUT THE
CITY; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach, Florida, has the authority to
protect the public health, safety and welfare of its citizens; and
WHEREAS, the City Commission of the City of Delray Beach, Florida, has determined it to
be in the public's best interest to establish regulations for the safe and secure installation of
newsracks within the City in order to ensure that they will withstand severe weather conditions
such as hurricanes.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA AS FOLLOWS:
Section 1. That Section 102.43, "Standards for Newsracks and Modular Newsracks,
Including Maintenance, Installation and Locations", of the Code of Ordinances of the City of
Delray Beach, be, and the same is hereby amended to read as follows:
Sec. 102.43. STANDARDS FOR NEWSRACKS AND MODULAR NEWSRACKS,
INCLUDING MAINTENANCE, INSTALLATION AND LOCATIONS.
Any newsrack or modular newsrack which in whole or in part rests upon, in or over
any public property or right-of-way located within the City shall comply with the following
standards:
(A) Newsrack Specifications. A newsrack shall not exceed four (4) feet, six (6)
inches in height (including the pedestal, if any), forty (40) inches in width, or twenty-four
(24) inches in depth.
(B) Modular Newsrack Specifications. A modular newsrack shall not exceed four
(4) feet, six (6) inches in height (including the pedestal, if any) and twenty-four (24) inches
in depth. A modular news rack's width shall not exceed the width of the concrete pad.
(C) Rectangular Shape. Modular newsrack modules shall be arranged so as to
provide an overall square or rectangular shape to the entire modular newsrack.
(0) Advertising Restrictions. Newsracks and modular newsracks shall carry no
advertising except for the name of the publication being distributed, and a cardholder kept
in a neat and untorn condition describing the publication being distributed.
(E) Coin Returns. Coin-operated newsracks and coin-operated modular
newsracks shall be equipped with a coin return mechanism to permit a person wishing to
purchase a newspaper or periodical to secure an immediate refund in the event the
newsrack is inoperable. At all times, the coin return mechanism shall be maintained in
good working order.
(F) Label Required. Each controlling entity shall permanently affix to its modular
newsracks and newsracks a label which states a 24-hour, operable telephone number of a
working telephone service which the customer may call to report a malfunction, or to
secure a refund in the event of a malfunction of the coin return mechanism. The label shall
feature clearly on its face the name and address of the controlling entity to give the notices
provided for in this Chapter.
(G) Modular Newsrack Locations.
(1) In the following locations, individual news racks are prohibited.
Modular newsracks may only be placed on concrete pads which will be constructed by the
City in the following areas.
(a) Within the downtown area.
1. East Atlantic Avenue east of the FEC Railroad tracks
adjacent to the parking lot on the west side of S.E. 3rd
Avenue.
2. On the east side of the building located at the southwest
corner of southbound Federal Highway and Atlantic
Avenue.
3. The Municipal Tennis Center, in close proximity to the
clubhouse building.
4. In front of City Hall on NW. 1st Avenue.
5. At the Gleason Bath House at Atlantic Avenue and
South Ocean Boulevard.
2
ORD. NO. 9-06
6. Adjacent to the building located at 40 South Ocean
Boulevard.
(b) Within the North Federal Highway Redevelopment Area.
(c) Within the West Atlantic Avenue Redevelopment Area.
(d) A modular newsrack may be placed on the west side of South
Ocean Boulevard approximately one thousand (1,000) feet
south of Linton Boulevard
(2) The color of the modular newsracks shall have gloss black bases and
forest green sides and doors. A color sample is available in the Community Improvement
Department.
(H) Maintenance and Repair. The controlling entity shall maintain each movable
fixture in a neat and clean condition, and in good repair at all times. Each movable fixture
shall be maintained so that:
(1) It is free of graffiti.
(2) It is reasonably free of dirt and grease.
(3) It is reasonably free of chipped, faded, peeling and cracked paint in
the visible painted areas thereof.
(4) It is reasonably free of rust and corrosion in the visible metal areas
thereon.
(5) The clear plastic or glass parts thereon, if any, through which the
publications are viewed are unbroken and reasonably free of cracks,
dents, blemishes, and discoloration.
(6) The paper or cardboard parts or inserts thereof are reasonably free of
tears, and are not peeling or tearing.
(7) The structural parts are not broken or unduly misshapen.
(8) The surrounding area upon which the newsrack or modular newsrack
is placed will also be maintained in a neat and orderly condition.
(I) Advertising on Benches Prohibited. The use of a bench for advertising
purposes is strictly prohibited.
3 ORD. NO. 9-06
(J) Safe and Secure Installation. Any newsrack or modular newsrack being
installed, placed or maintained on a Public Right-of-Way, street or sidewalk or other public
property shall be installed in a safe and secure manner so as to prevent the newsrack or
the modular newsrack from being stolen or becoming a hazard in severe weather. At any
time, the total weight of the newsrack, or modular newsrack and any weighting device shall
not be less than one hundred twenty-five (125) pounds. A modular news rack must be
secured to a concrete pad.
(1) The followina standards shall be applicable to the mountina of non-
modular newsracks in this Citv:
(a) Foundation four inch minimum concrete. twentv-five hundred
(2500) psi. (twentv-eiaht-dav strenath). Class I.
(b) Two-inch minimum concrete edae distance for bolts.
(c) One half-inch chamfer all concrete edaes.
(d) Three-eiahts-inch diameter hot-dipped aalvanized hex bolt
mounts. three-inch minimum imbedment. threads down.
throuah four (4) corners of the pedestal base.
(e) All bolts to ao throuah a pre-drilled closed hole.
(K) Hurricane Warnings. In the event of the issuance of a hurricane warning by
any entity with jurisdiction to issue such a warning, the newsrack shall be secured to the
ground or placed in such a manner so that the newsrack is parallel to the ground.
(L) Recovery and Collection. The controlling entity of a modular newsrack or
newsrack shall not recover or collect, from entities placing for distribution publications in a
newsrack or modular newsrack, payments in excess of the actual cost of the newsrack or
modular newsrack, and the actual reasonable costs for maintenance. The cost of the
modular newsrack may be prorated in proportion to the size of the individual module in a
modular news rack. The cost of a modular newsrack or newsrack may be paid over a
thirty-six-month period, or less, in equal monthly installments. The annual maintenance
costs may also be paid in equal monthly installments. In no event, however, shall a
controlling entity collect payments over the actual costs referred to above, once
recaptured. The controlling entity shall file a document with the Code Enforcement
Administrator illustrating the monthly cost computations.
(M) Uniformity, Compatibility of Style. The City may order the removal of
modular news racks from Public Rights-of-Way and City property in order to serve as a
controlling entity of modular newsracks to ensure uniformity and compatibility of style.
4
ORD. NO. 9-06
(N) Placement on Concrete PafJ Slab. Modular newsracks shall not be placed
on the concrete j3aG slab in a manner to obstruct other modular newsracks on the same
concrete j3aG slab nor may they extend beyond the concrete j3aG slab.
(0) Movable Fixtures. Movable fixtures shall be installed and maintained by the
controlling entity or their agent or designee in conformity with existing City Ordinances.
Any rnovable fixture found to be in violation of the City Ordinances is subject to the
enforcement provision of Section 102.47 and subject to abandonment where indicated by
Section 102.46.
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 . 2006.
ATTEST:
City Clerk
MAYOR
First Reading
Second Reading
5
ORD. NO. 9-06
01\
W)
ORDINANCE NO. 10-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 96, "FIRE
SAFETY AND EMERGENCY SERVICES", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING
SECTION 96.16, "CERTAIN CODES ADOPTED BY REFERENCE",
BY UPDATING THE REFERENCES TO THE FLORIDA BUILDING
CODE AND TO CERTAIN NATIONAL FIRE PROTECTION
ASSOCIATION CODES; ENACTING A NEW SECTION 96.17,
"APPEALS", TO PROVIDE A PROCEDURE FOR AFFECTED
INDIVIDUALS TO CHALLENGE THE CITY'S LOCAL AMENDMENT
PROVISIONS; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE AND AN EFFECTIVE DATE.
WHEREAS, the City follows certain National Fire Protection Association codes in relation
to minimum fire safety standards and the Florida Fire Prevention Code; and
WHEREAS, Florida Statute Chapter 633 provides for a uniform fire safety standard and
code to be adopted by all local governments; and
WHEREAS, the City Commission wishes to modify certain portions of its code to provide
greater, more stringent safety standards for the public; and
WHEREAS, the City Commission deems it to be in the public interest to adopt State Law,
as it may be amended, as well as other amendments to the Fire Prevention Code as it relates to
minimum fire safety standards and the Florida Fire Prevention Code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 96, "Fire Safety and Emergency Services", Section 96.16,
"Certain Codes Adopted by Reference", of the Code of Ordinances of the City of Delray Beach,
Florida, be, and the same is hereby amended to read as follows:
Sec. 96.16. CERTAIN CODES ADOPTED BY REFERENCE.
(A) The city adopts by reference and incorporates into this Code as though fully
set out herein, that certain code, as it may from time to time be amended, known as the
Florida Fire Prevention Code, Chapter 36 of the Florida Building Code (2(1(11) (2004), and
the incorporated standards.
~~ O\~~~~~:t.~ \~E
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a,h \OLP
(B) The city adopts by reference and incorporates into this Code, as though fully
set out herein, those specific codes and standards, from the Florida Fire Prevention code,
Chapter 36 of the Florida Building Code (2001) (2004). In addition to the codes adopted
by the Florida Fire Prevention Code, the City of Delray Beach adopts National Fire
Protection Association codes listed below and as they may be amended:
NFPA 18 4Wa 2006 Wettina Aaents
NFPA 22 4W8 2003 Water Tanks for Private Fire
Protection
NFPA 50 2001 Bulk Oxygen Systems at
Consumer Sites
NFPA 50A 1999 Gaseous Hydrogen Systems
at Consumer Sites
NFPA 53 ~ 2004 Oxygen-Enriched
Atmosoheres
NFPA 92B :woo 2005 Smoke Management
Systems in Malls, Atria,
Laroe Areas
NFPA 101B ~ 2002 Means of Earess
NFPA 102 4Wa 1995 Assembly Seating, Tents,
and Membrane Structures
NFPA 105 ~ 2003 Smoke Control Door
Assemblies
NFPA 115 ~ 2003 Laser Fire Protection
NFPA 140 ~ 2004 Motion Picture and TV
Production Facilities
NFPA 160 ~ 2006 Flame Effects Before an
Audience
NFPA 170 ~ 2006 Fire Safety Svmbols
NFPA 203 2000 Roof Coverings and Roof
Deck Construction
NFPA 204 4W8 2002 Smoke and Heat Ventine
NFPA 258 2001 Research Test Method for
Determining Smoke
Generation of Solid
Materials
NFPA 287 2001 Flammability of Materials in
Clean rooms
NFPA 302 4W8 2004 Pleasure and Commercial
Motor Craft
2
ORD. NO. 10-06
NFPA 306 ~ 2003 Control of Gas Hazards on
Vessels
NFPA 326 4999 2005 Safeguarding Tanks and
Containers
NFPA 408 4999 2004 Aircraft Hand Portable Fire
Extinauishers
NFPA 423 4999 2004 Construction and Protection
of Aircraft Engine Test
Facilities
NFPA 496 4-QQ3 2003 Purged and Pressurized
Enclosures for Electrical
Eauioment
NFPA 502 4-QQ3 2004 Road Tunnels, Bridges, and
Limited Access Hiahwavs
NFPA 513 1998 Motor Freiaht Terminals
NFPA 560 ~ 2002 Ethylene Oxide for
Sterilization and Fumigation,
Storage, Handling, and use
of
NFPA 601 ~ 2005 Security Services in Fire
Loss Prevention
NFPA 720 4-QQ3 2005 Household Carbon
Monoxide Waming
Eauioment
NFPA 780 ~ 2004 Installation of Lighting
Protection Svstems
NFPA 801 4-QQ3 2003 Facilities Handling
Radioactive Materials
NFPA 820 4999 2003 Fire Protection in
Wastewater Treatment and
Collection Facilities
NFPA 914 2001 Fire Protection in Historic
Structures
NFPA 1141 4-QQ3 2003 Planned Buildina Grouos
NFPA 1962 4-QQ3 2003 Care, Use and Service
Testing of Fire Hose
Including Connections and
Nozzles
NFPA 1961 ~ 2002 Fire Hose
3
ORD. NO. 10-06
The City hereby adopts the following amendments to the Fire Prevention Code of
the National Fire Protection Association, N.F.P.A. Pamphlet No.1, included in the Florida
Fire Prevention Code, Chapter 36 of the Florida Building Code (2991) (2004). adopted in
this article:
(1 ) Section 7-3.2 is amended to include the following language:
Approved automatic fire sprinkler systems as hereinafter defined shall be installed
throughout hereinafter constructed buildings and structures or appropriate sections
thereof:
(a) The following buildings of an institutional or educational character: all
hospitals, ambulatory, surgical or treatment centers, nursing homes, homes for the
aged, convalescent centers, rehabilitation facilities, day care centers caring for
more than 12 clients under 1 year of age, adult congregate living facilities, and all
occupancies and uses of similar nature to those herein stated, without regard to the
type of construction or height of the building or structure involved.
(b) All wood or partial wood frame buildings or structures which are 2
stories or more than 20 feet in height as measured from finish ground floor grade to
the underside of the topmost roof assembly. Single-family homes, duplexes and
townhouses shall be exempt from this requirement, except as provided in section
(d) below.
(c) All buildings or structures regardless of the type of construction which
are 3 stories or more in height or all buildings or structures in excess of 30 feet in
height as measured from the finish ground floor grade to the underside of the
topmost roof assembly.
(d) All buildings or structures regardless of the type of construction which
are in excess of 12,000 square feet per floor, or an aggregate of 12,000 square feet
if there is unprotected communication between floors or intermediate spaces.
(e) All portions or sections of buildings or structures which are below
grade or which constitute the basement area of a building or structure regardless of
square footage of floor area or type of construction.
The automatic fire sprinkler systems herein referred to and the
installation thereof which is required by this ordinance shall be as contained in and
provided for with the applicable standard specified for this section under appendix A
of this Fire Prevention Code.
4
ORC. NO. 1D-06
(2) Section 7-2.2.2 is amended to include the following language:
All hereafter constructed buildings and structures more than 3 stories in
height or 36 feet in height or all buildings more than 2 stories in height and more than
30,000 square feet per floor level, shall be equipped with approved Class 1 standpipes to
provide reasonable safety to persons and property.
For purposes of this section, height is measured from finish ground floor
grade to the underside of the topmost roof assembly.
(3) Section 7-2.3 is amended to include the following language:
All systems, equipment, tanks, piping, devices, appliances, controls, or
storage facilities over which the code contains regulatory provisions, or which are required
by any other law, shall be maintained in operative condition at all times to provide the
service for which installed.
All fire sprinkler, standpipe, and fire pump systems shall be annually
inspected, serviced, and maintained under a written service contract with service
companies licensed by the State of Florida to provide such services and which possess a
current occupational license for the City of Delray Beach providing for regular
maintenance and testing of the systems in accordance with the applicable standards
specified under Appendix A of this Fire Prevention Code and N.F.P.A. 13A, N.F.P.A 14A
and N.F.P.A. 25.
The service company performing the maintenance and tests shall forward a
written report to the Fire-Rescue Department indicating the nature of any repairs,
modifications, and/or corrections completed by the service company, the date and time of
such tests and inspections and any other information which may be required by the fire-
rescue services department. In addition, a copy of the service report must be maintained
on the premises, and it shall be subject to inspection by the Fire-Rescue Department at
any time.
(4) Section 7-3.4.2 is amended to include the following language:
Valves on connections to water supplies, sectional control and isolation
valves, and other valves in supply pipes to sprinklers and other fixed water-based fire
suppression systems shall be supervised by an approved Central station signaling service.
(5) Section 7-7 is amended to include the following language:
5
ORD. NO. 10-06
Any off-site monitoring of required fire alarm/detection devices shall be done
at an approved UL Listed Fire Protection Signaling Systems Central Station. It shall be the
responsibility of the building owner to provide and maintain a current valid UL Fire Alarm
Certificate on the building's fire alarm system.
(6) Section 7-7.1.1 is amended to include the following language:
Remote monitoring locations shall not be permitted to verify fire alarm signals prior to
reporting them to the Fire-Rescue Department.
Section 2. That Chapter 96. "Fire Safety and Emergency Services", Section 96.17,
"Appeals", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is
hereby enacted to read as follows:
Sec. 96.17 APPEALS.
(A) In accordance with Section 633.025(4)(dl. Fla. Stat.. the validity of locallv
adooted amendments to the Florida Fire Prevention Code may be challenaed bv
reauestina a hearina with the City Commission. The hearina shall take olace within forty-
five (45) davs of the date of the reauest.
(1) For ourooses of such challenae. the burden of oroof shall be on the
challenaina oarty to Drove that the local amendments
(a) are not iustified due to local conditions which reauire more
strinaent reauirements than those soecified in the Florida Fire Prevention Code for the
orotection of life and orooertv or due to soecial situations arisina from historic. aeoaraohic.
or unusual conditions: or
(b) the additional reauirements are discriminatorv as to materials.
oroducts. or construction techniaues of demonstrated caoabilities.
(B) Actions of the City Commission shall be aooealed to the Deoartment of
Financial Services in accordance with Section 633.025(4)(dl. Fla. Stat.
IC) Actions of the Deoartment of Financial Services are subiect to iudicial review
oursuant to Section 120.68. Fla. Stat.
Section 3. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder hereof as a whole or part thereof other
than the part declared to be invalid.
6
ORD. NO. 10-06
, ,
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 5. That this ordinance shall become effective upon its adoption on second and
final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the _
day of , 2006.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
7
ORD. NO. 10-06
OJ(
z1l1
Write(s Direct Line: 561/243.7090
MEMORANDUM
DATE: January 24,2006
TO: David T. Harden, City Manager
City Commission
FROM: Terrill Barton, Assistant City Attorney
SUBJECT: Revised Ordinance Reaardina the Fire Prevention Code
Attached please find an ordinance amending Chapter 96, "Fire Safety and
Emergency Services" of the Code of Ordinances. The proposed changes comport
with state law which requires that the City adopt the state's uniform guidelines for
fire prevention. The state statutes require that any local amendments to these
uniform state standards must be adopted by ordinance following a public hearing
which has been advertised in a newspaper of general circulation at least ten (10)
days in advance.
It further provides that all local governments which adopt amendments must
provide a means for each substantially affected individual to challenge the local
amendments by appeal within forty-five (45) days of request in order to determine
whether or not local conditions require stricter standards and/or whether or not our
local amendrnents are discriminatory as to materials, products or construction
techniques. See, Section 633.025(4), Fla. Stat. (2005).
The decision of the City Commission may then be appealed to the State
Department of Financial Services in accordance with Section 633.025(4)(d), Fla.
Stat. and the decision of the Department of Financial Services shall be subject to
judicial review in accordance with Section 120.68, Fla. Stat.
Please place the attached ordinance on the next available City Commission
agenda and let me know if you have any questions. Thank you.
TCB:smk
Attachments
cc:
Chevelle Nubin, City Clerk
Kerry Koen, Fire Chief
Bill Adams, Assistant Fire Chief
I~
ORDINANCE NO. 10-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 96, "FIRE
SAFETY AND EMERGENCY SERVICES", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING
SECTION 96.16, "CERTAIN CODES ADOPTED BY REFERENCE",
BY UPDATING THE REFERENCE TO THE FLORIDA BUILDING
CODE; ENACTING A NEW SECTION 96.17, "APPEALS", TO
PROVIDE A PROCEDURE FOR AFFECTED INDIVIDUALS TO
CHALLENGE THE CITY'S LOCAL AMENDMENT PROVISIONS;
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER
CLAUSE AND AN EFFECTIVE DATE.
WHEREAS, the City follows certain National Fire Protection Association codes in relation
to minimum fire safety standards and the Florida Fire Prevention Code; and
WHEREAS, Florida Statute Chapter 633 provides for a uniform fire safety standard and
code to be adopted by all local governments; and
WHEREAS, the City Commission wishes to modify certain portions of its code to provide
greater, more stringent safety standards for the public; and
WHEREAS, the City Commission deems it to be in the public interest to adopt State Law,
as it may be amended, as well as other amendments to the Fire Prevention Code as it relates to
minimum fire safety standards and the Florida Fire Prevention Code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 96, "Fire Safety and Emergency Services", Section 96.16,
"Certain Codes Adopted by Reference", of the Code of Ordinances of the City of Delray Beach,
Florida, be, and the same is hereby amended to read as follows:
Sec. 96.16. CERTAIN CODES ADOPTED BY REFERENCE.
(A) The city adopts by reference and incorporates into this Code as though fully
set out herein, that certain code, as it may from time to time be arnended, known as the
Florida Fire Prevention Code, Chapter 36 of the Florida Building Code (2901) (2004), and
the incorporated standards.
(B) The city adopts by reference and incorporates into this Code, as though fully
set out herein, those specific codes and standards, from the Florida Fire Prevention code,
Chapter 36 of the Florida Building Code (2001) (2004). In addition to the codes adopted
by the Florida Fire Prevention Code, the City of Delray Beach adopts National Fire
Protection Association codes listed below and as they may be amended:
NFPA 18 4Wa 2006 Wettina Aaents
NFPA 22 -t-9W 2003 Water Tanks for Private Fire
Protection
NFPA 50 2001 Bulk Oxygen Systems at
Consumer Sites
NFPA 50A 1999 Gaseous Hydrogen Systems
at Consumer Sites
NFPA 53 W99 2004 Oxygen-Enriched
Atmospheres
NFPA 92B ~ 2005 Smoke Management
Systems in Malls, Atria,
Laroe Areas
NFPA 101B .ww 2002 Means of Eoress
NFPA 102 4Wa 1995 Assembly Seating, Tents,
and Membrane Structures
NFPA 105 .ww 2003 Smoke Control Door
Assemblies
NFPA 115 W99 2003 Laser Fire Protection
NFPA 140 W99 2004 Motion Picture and TV
Production Facilities
NFPA 160 ~ 2006 Flame Effects Before an
Audience
NFPA 170 .ww 2006 Fire Safetv Svmbols
NFPA 203 2000 Roof Coverings and Roof
Deck Construction
NFPA 204 -t-9W 2002 Smoke and Heat Ventina
NFPA 258 2001 Research Test Method for
Determining Smoke
Generation of Solid
Materials
NFPA 287 2001 Flammability of Materials in
Clean rooms
NFPA 302 -t-9W 2004 Pleasure and Commercial
Motor Craft
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ORD. NO. 10-06
NFPA 306 WS7 2003 Control of Gas Hazards on
Vessels
NFPA 326 .t999 2005 Safeguarding Tanks and
Containers
NFPA 408 .t999 2004 Aircraft Hand Portable Fire
Extinauishers
NFPA 423 .t999 2004 Construction and Protection
of Aircraft Engine Test
Facilities
NFPA 496 4-QW 2003 Purged and Pressurized
Enclosures for Electrical
Eauipment
NFPA 502 4-QW 2004 Road Tunnels, Bridges, and
Limited Access Hiahwavs
NFPA 513 1998 Motor Freiaht Terminals
NFPA 560 4Wa 2002 Ethylene Oxide for
Sterilization and Fumigation,
Storage, Handling, and use
of
NFPA 601 2GOO 2005 Security Services in Fire
Loss Prevention
NFPA 720 4-QW 2005 Household Carbon
Monoxide Warning
Eauipment
NFPA 780 WS7 2004 Installation of Lighting
Protection Svstems
NFPA 801 4-QW 2003 Facilities Handling
Radioactive Materials
NFPA 820 4.QQ9 2003 Fire Protection in
Wastewater Treatment and
Collection Facilities
NFPA 914 2001 Fire Protection in Historic
Structu res
NFPA 1141 4-QW 2003 Planned Buildina Grouos
NFPA 1962 4-QW 2003 Care, Use and Service
Testing of Fire Hose
Including Connections and
Nozzles
NFPA 1961 WS7 2002 Fire Hose
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ORD. NO. 10-06
The City hereby adopts the following amendments to the Fire Prevention Code of
the National Fire Protection Association, N.F.PA Pamphlet No.1, included in the Florida
Fire Prevention Code, Chapter 36 of the Florida Building Code (2001) (2004), adopted in
this article:
(1) Section 7-3.2 is amended to include the following language:
Approved automatic fire sprinkler systems as hereinafter defined shall be installed
throughout hereinafter constructed buildings and structures or appropriate sections
thereof:
(a) The following buildings of an institutional or educational character: all
hospitals, ambulatory, surgical or treatment centers, nursing homes, homes for the
aged, convalescent centers, rehabilitation facilities, day care centers caring for
more than 12 clients under 1 year of age, adult congregate living facilities, and all
occupancies and uses of similar nature to those herein stated, without regard to the
type of construction or height of the building or structure involved.
(b) All wood or partial wood frame buildings or structures which are 2
stories or more than 20 feet in height as measured from finish ground floor grade to
the underside of the topmost roof assembly. Single-family homes, duplexes and
townhouses shall be exempt from this requirement, except as provided in section
(d) below.
(c) All buildings or structures regardless of the type of construction which
are 3 stories or more in height or all buildings or structures in excess of 30 feet in
height as measured from the finish ground floor grade to the underside of the
topmost roof assembly.
(d) All buildings or structures regardless of the type of construction which
are in excess of 12,000 square feet per floor, or an aggregate of 12,000 square feet
if there is unprotected communication between floors or intermediate spaces.
(e) All portions or sections of buildings or structures which are below
grade or which constitute the basement area of a building or structure regardless of
square footage of floor area or type of construction.
The automatic fire sprinkler systems herein referred to and the
installation thereof which is required by this ordinance shall be as contained in and
provided for with the applicable standard specified for this section under appendix A
of this Fire Prevention Code.
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ORD. NO. 10-06
(2) Section 7-2.2.2 is amended to include the following language:
All hereafter constructed buildings and structures more than 3 stories in
height or 36 feet in height or all buildings more than 2 stories in height and more than
30,000 square feet per floor level, shall be equipped with approved Class 1 standpipes to
provide reasonable safety to persons and property.
For purposes of this section, height is measured from finish ground floor
grade to the underside of the topmost roof assembly.
(3) Section 7-2.3 is amended to include the following language:
All systems, equipment, tanks, piping, devices, appliances, controls, or
storage facilities over which the code contains regulatory provisions, or which are required
by any other law, shall be maintained in operative condition at all times to provide the
service for which installed.
All fire sprinkler, standpipe, and fire pump systems shall be annually
inspected, serviced, and maintained under a written service contract with service
companies licensed by the State of Florida to provide such services and which possess a
current occupational license for the City of Delray Beach providing for regular
maintenance and testing of the systems in accordance with the applicable standards
specified under Appendix A of this Fire Prevention Code and N.F.PA 13A, N.F.PA 14A
and N.F.PA 25.
The service company performing the maintenance and tests shall forward a
written report to the Fire-Rescue Department indicating the nature of any repairs,
modifications, and/or corrections completed by the service company, the date and time of
such tests and inspections and any other information which may be required by the fire-
rescue services department. In addition, a copy of the service report must be maintained
on the premises, and it shall be subject to inspection by the Fire-Rescue Department at
any time.
(4) Section 7-3.4.2 is amended to include the following language:
Valves on connections to water supplies, sectional control and isolation
valves, and other valves in supply pipes to sprinklers and other fixed water-based fire
suppression systems shall be supervised by an approved Central station signaling service.
(5) Section 7-7 is amended to include the following language:
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ORD. NO. 10-06
Any off-site monitoring of required fire alarm/detection devices shall be done
at an approved UL Listed Fire Protection Signaling Systems Central Station. It shall be the
responsibility of the building owner to provide and maintain a current valid UL Fire Alarm
Certificate on the building's fire alarm system.
(6) Section 7-7.1.1 is amended to include the following language:
Remote monitoring locations shall not be permitted to verify fire alarm signals prior to
reporting them to the Fire-Rescue Department.
Section 2. That Chapter 96, "Fire Safety and Emergency Services", Section 96.17,
"Appeals", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is
hereby enacted to read as follows:
Sec. 96.17 APPEALS.
IA) In accordance with Section 633.025(4)ld). Fla. Stat.. the validitv of locallv
adopted amendments to the Florida Fire Prevention Code mav be challenaed by
reauestina a hearina with the Citv Commission. The hearina shall take place within forty-
five (45) days of the date of the reauest.
(1) For purposes of such challenae. the burden of proof shall be on the
challenaina party to prove that the local amendments
la) are not iustified due to local conditions which reauire more
strinaent reauirements than those specified in the Florida Fire Prevention Code for the
protection of life and property or due to special situations arisina from historic. aeoaraphic.
or unusual conditions: or
Ib) the additional reauirements are discriminatorv as to materials.
products. or construction techniaues of demonstrated capabilities.
IB) Actions of the City Commission shall be appealed to the Department of
Financial Services in accordance with Section 633.025(4)(d). Fla. Stat.
IC) Actions of the Department of Financial Services are subiect to iudicial review
pursuant to Section 120.68. Fla. Stat.
Section 3. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder hereof as a whole or part thereof other
than the part declared to be invalid.
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ORD. NO. 10-06
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed. .
Section 5. That this ordinance shall become effective upon its adoption on second and
final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the _
day of , 2006.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
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