03-21-06 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. March 21. 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 dais. If you are not able to do so prior to the
start of the meeting, you may still address the Commission on an appropriate item.
The primary purpose of the sign-in sheet is to assist staff with record keeping.
Therefore, when you come up to the podium to speak, please complete the sign-in
sheet if you have not already done so.
3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to
the podium and state your name and address for the record. All comments must
be addressed to the Commission as a body and not to individuals. Any person
making impertinent or slanderous remarks or who becomes boisterous while
addressing the Commission shall be barred by the presiding officer from speaking
further, unless permission to continue or again address the Commission is granted
by a majority vote of the Commission members present.
APPELLATE PROCEDURES
Please be advised that if a person decides to appeal any decision made by the City
Commission with respect to any matter considered at this meeting, such person
will need to ensure that a verbatim record includes the testimony and evidence
upon which the appeal is based. The City neither provides nor prepares such
record.
100 NW 18t Avenue
Dekay Beach, 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
Chambers.
1. ROLL CALL.
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. AGENDA APPROVAL.
5. APPROVAL OF MINUTES:
. March 16, 2006 - Special/Workshop Meeting
. March 17, 2006 - Special Meeting
6. PROCLAMATIONS:
A. Law Day - May 1, 2006
7. PRESENTATIONS:
A. Weed & Seed Presentation
B. ''You are Not Alone" - Delores Rangel
C. Non-Profit Academy Certificates
8. CONSENT AGENDA: City Manager Recommends Approval.
A. RATIFICATION OF THE SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD ACTIONS: Approve and ratify the
action of the South Central Regional Wastewater Treatment and Disposal Board at their
Quarter Annual Meeting of January 18, 2006.
B. FINAL SUBDIVISION PLAT APPROVAL/GULF STREAM VJT.T.A~:
Approve the subdivision plat for Gulf Stream Villas, a 14-lot, fee-simple townhouse
development, located on the southwest comer of Gulfstream Boulevard and Webb
Avenue.
1. RESOLUTION NO. 15-06: Approve Resolution No. 15-06 abandoning two
20' wide alley rights-of-way associated with the Gulf Stream Villas Townhouse
Development, lying west of Block C and Block D of the replat of Blocks 2-5,
inclusive of Gulf Stream Estates.
C. ACCEPTANCE OF RIGHT-OF-WAY DEED/FRANC PROPERTY: Approve
and accept a right-of-way deed associated with the Franc Property, located on the west
side of S.E. 51b Avenue, south of S.E. 71b Street.
03-21-2006
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D. SPECIAL EVENT REQUEST /EASTER SUNRISE SERVICE: Approve a
request from Reverend William Stokes on behalf of the Delray Beach Clergy
Association for special event approval for closure of Ocean Boulevard (A-l-A) during
the Easter Sunrise Service to be held April 16, 2006 from 6:30 a.m. until 7:30 a.m. at the
beach pavilion.
E. MEMORANDUM OF AGREEMENT (l\fOA)/AREA AGENCY ON AGING
OF PALM BEACH/TREASURE COAST, INC.: Approve a Memorandum of
Agreement (MOA) with the Area Agency on Aging of Palm Beach/Treasure Coast, Inc.
for a three (3) year term for the Senior Immunization Project.
F. 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 and to
approve a cross access easement agreement.
G. PARKING SPACES/THE FRIENDS OF SANDOWAY HOUSE NATURE
CENTER. INC.l4TH ANNUAL EARTH DAY EVENT: Approve a request from
The Friends of Sandoway House Nature Center, Inc. to reserve parking spaces in the
Sandoway Parking Lot to accommodate their 41b Annual Earth Day Event to be held on
Saturday, April 8, 2006.
H. FLORIDA INLAND NAVIGATION DISTRICT (F.I.N.D.)/RESOLUTION
FOR ASSISTANCE: Approve and adopt a Resolution for Assistance from the
Florida Inland Navigation District (F.I.N.D.) for the application of a grant for funding
for the F.I.N.D. Park on the Intracoastal Waterway.
I. INTERLOCAL AGREEMENT/SCHOOL BOARD OF PALM BEACH
COUNTY / ATLANTIC HIGH SCHOOL: Approve an Interlocal Agreement with
the School Board of Palm Beach County to allow the School Board the use of the
athletic fields next to the new Atlantic High School and the City the use of the
gymnasium at the old Atlantic High School site.
J. SERVICE AUTHORIZATION NO. 11.1/CH2M HILL, INC.: Approve Service
Authorization No. 11.1 to CH2M Hill, Inc. in the amount of $13,600.00 for preparation
of a Florida Department of Environmental Protection (FDEP) construction permit
renewal package and follow-up responses for permit acquisition for the Rehabilitation
of the City's Aquifer Storage & Recovery (ASR) Well Project. Funding is available from
442-5178-536-31.30 (Water/Sewer Renewal & Replacement Fund/Engineering!
Architect).
K. AGREEMENT /IRONWOOD PROPERTIES/MERIDIAN: Approve an
agreement with Ironwood Properties in the amount of $13,950.00 to be paid to the City
in lieu of hardscape/landscape improvements associated with the Meridian.
03-21-2006
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L. SPECIAL EVENT REOUEST/RELAY FOR LIFE: Approve a special event
request for the American Cancer society's Relay for Life Fundraiser to be held at Old
School Square from 4:00 p.m. on March 31, 2006 until 11:00 a.m. on April 1, 2006.
M. SPECIAL EVENT REOUEST/CINCO DE MAYO FIESTA: Approve a special
event request to allow the 81b Annual Cinco De Mayo Fiesta to be held Saturday, May 6,
2006, from 11:00 a.m. until 10:00 p.m. at Old School Square.
N. SERVICE AUTHORIZATION NO. 14.1/CURRIE SOWARDS AGUILA
ARCHITECTS: Approve Service Authorization No. 14.1 to Currie Sowards Aguila
Architects in the amount of $14,750.00 for additional services provided for the permit
submittal process and site modifications for the Intracoastal Park Project. Funding is
available from 334-4174-572-63.90 (General Construction Fund/ Intracoastal Park/
()therlnnprovennent~.
O. SEVENTH AMENDMENT/BLOCK 77 CONTRACT/COMMUNITY
REDEVELOPMENT AGENCY (CRA): Approve the Seventh Amendment to the
Block 77 Contract between the Community Redevelopment Agency (CRA) and Block
77 Development Group, L.c. to provide for an extension of the contract until June 9,
2006.
P. AMENDMENT NO. 1 TO CONTRACT FOR SALE AND
PURCHASE/CARVER SQUARE/JEAN LOUIS SAINT FORT AND
JOSETTE SAINT FORT: Approve Amendment No.1 to Contract for Sale and
Purchase of property to Jean Louis Saint Fort and Josette Saint Fort, as part of the
Carver Square Relocation Project, extending the date of expiration to May 31, 2006.
Q. AMENDMENT NO. 1 TO CONTRACT FOR SALE AND
PURCHASE/CARVER SQUARE/REGINAT.n JONAS AND ELIZABETH
TAYLOR: Approve Amendment No.1 to Contract for Sale and Purchase of property
to Reginald Jonas and Elizabeth Taylor, as part of the Carver Square Relocation Project,
extending the date of expiration to May 31, 2006.
R. SPECIAL EVENT REOUEST /Sth ANNUAL GARLIC FESTIVAL: Approve a
special event request for the 81b Annual Garlic Festival to be held on the grounds of Old
School Square on February 16-18,2007.
S. AMENDMENT NO. 1 TO LEASE AGREEMENT /PALM BEACH
COUNTY /HEAD START: Approve Amendment No.1 to the lease agreement with
Palm Beach County for the property leased at the Catherine Strong Center for the Head
Start Program.
T. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
March 6, 2006 through March 17, 2006.
03-21-2006
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U. AWARD OF BIDS AND CONTRACTS:
1. Purchase award to Westco Turf Supply, Inc. in the amount of $33,104.92 via the
Florida State Contract #515-630-03-1 for the purchase of two (2) Model
#30344 Toro Groundsmaster 3280-D Rotary Mowers for Parks Maintenance.
Funding is available from 001-4138-572-64.90 (General Fund/Other
Machinery /Equipment).
2. Bid award to Midnight Sun Tours, in the estimated annual amount of $73,311.00
for bus rental and driver services for the Parks and Recreation Department.
Funding is available from 001-4127-572-55.30 (General Fund/Youth Football),
115-4912-572-55.30 (Special Projects Fund/Youth Football), 001-4105-572-
44.90 (General Fund/Out of School Program/Lease Costs), 001-4121-572-
44.90 (General Fund/Athletics & Special Events/Lease Costs), 001-4127-572-
44.90 (General Fund/Pompey Park/Lease Cost), 001-4119-572-44.90 (General
Fund/Teen Center/Lease Cost), and 001-4111-572-44.90 (General Fund/Parks
& Recreation Administration/Lease Costs).
3. Bid award to Harcross Chemicals for the purchase of hydrofluorosilicic acid at
an estimated annual cost of $31,730.00 for the Water Treatment Plant. Funding
is available from 441-5122-536-52.21 (Water/Sewer Fund/Chemicals) FY
06/07.
4. Purchase awards via the Florida Sheriffs' Association Contract #04-12-0823
Rollover to Garber Ford in the amount of $20,921.00 for one (1) 3/4 Ton Pickup
Truck for the Parks & Recreation Department; and award to Classic Chevrolet
in the amount of $12,038.00 for one (1) Compact Pickup Truck for the
Community Improvement Department. Funding is available from 001-4138-
572-64.20 (General Fund/Automotive) and 001-2741-524-64.20 (General
Fund/Automotive).
5. Purchase award to CDWG, Inc. in the amount of $25,777.00 via the State of
Florida Contract for the purchase of the HP MSL6030 Tape Library. Funding is
available from 334-6111-519-64.11 (General Construction Fund/Computer
Equipment).
9. REGULAR AGENDA:
A. WAIVER REQUESTS/5TH AVENUE FLATS: Consider a request for several
waivers relating to the minimum stacking distance and reduction of site visibility triangle
for 5th Avenue Flats, located at the northwest comer of N.E. 51b Avenue and N.E. 2nd
Street. (Quasi-Judicial Hearing)
B. CONDITIONAL USE REOUEST /MAROONE FORD: Consider a request to
establish a parking and storage lot for vehicles within the MIC (Mixed Industrial and
Commercial) district for Maroone Ford, located on the west side of Wallace Drive,
between Georgia Street and Milfred Street. (Quasi-Judicial Hearing) (A Request
was received to postpone this item)
03-21-2006
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C. INCREASE TO MONTHLY VALET PARKING QUEUE SPACE FEES:
Consider approval of an increase in the monthly valet queue parking space fees.
D. AGREEMENT/IMAGE SPORTS MANAGEMENT, INC.: Consider approval
of an agreement with Image Sports Management, Inc., a member of the National
Indoor Football League, for use of the Tennis Stadium and other facilities, including
parking lots, for the Palm Beach Phantoms.
E. TREASURE COAST REGIONAL PLANNING COUNCIL/TOWN
PLANNING SERVICES: Consider a proposal from the Treasure Coast Regional
Planning Council for Town Planning Services associated with the Atlantic Plaza, Hotel
Vista Del Mar, and South Swinton Avenue Projects.
F. AGREEMENT/CGI COMMUNICATIONS, INC.: Consider approval of an
agreement with CGI Communications, Inc. to provide an online community video
program for the City.
G. SETTLEMENT OFFER IN PETERS v. CITY OF DELRAY BEACH:
Consider a Setdement Offer in the total amount of $15,000.00 in Peters v. City of
Delray Beach. Staff recommendation is acceptance.
H. SETTLEMENT OFFER IN LU v. CITY OF DELRAY BEACH: Consider a
Settlement Offer in the amount of $20,000.00 in Lu v. City of Delray Beach. Staff
recommendation is acceptance.
I. APPOINTMENTS TO THE NEIGHBORHOOD ADVISORY COUNCIL:
Appoint one (1) regular member to the Neighborhood Advisory Council for Zone 6 for
an unexpired term ending October 31, 2008 and one (1) At Large Representative for an
unexpired term ending October 31, 2007. Based upon the rotation system, the
appointments will be made by Commissioner Archer (Seat #2) and Commissioner
Levinson (Seat #3).
J. APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY
BOARD: Appoint one (1) regular member to the Parking Management Advisory
Board to represent the Old School Square Historic Arts District for a two (2) year term
ending January 31, 2008. Based upon the rotation system, the appointment will be
made by Commissioner Ellis (Seat #1).
K. APPOINTMENTS TO THE POLICE ADVISORY BOARD: Appoint one (1)
youth member to the Police Advisory Board for a two (2) year term and one (1) youth
member for a three (3) year term. Based upon the rotation system, the appointments
will be made by Commissioner Archer (Seat 2) and Commissioner Levinson (Seat 3).
03-21-2006
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10. PUBLIC HEARINGS:
A. ORDINANCE NO. 11-06 (SECOND READING/SECOND PUBLIC
HEARING): City initiated amendment to Land Development Regulations Section
2.4.4(E)(2), "Expiration of Approvals; Conditional Uses, Site Plans, Landscaping Plans,
Architectural Plans, Preliminary Subdivision Plats", to clarify the timeframes for
development approvals.
B. ORDINANCES NO. 16-06, 17-06. 18-06, 19-06. AND 20-06/WORKFORCE
HOUSING: The following ordinances are amending Land Development Regulations
(LDR) pertaining to Workforce Housing:
I. ORDINANCE NO. 16-06 (FIRST READING/FIRST PUBLIC
HEARING): City initiated amendment to the Land Development Regulations
(LDR) regarding Subsection 4.3.40)(4)(b), "Allowances", to provide for
modifications to performance standards and to require workforce housing.
2. ORDINANCE NO. 17-06 (FIRST READING/FIRST PUBLIC
HEARING): City initiated amendment to the Land Development Regulations
(LDR) Section 4.4.6, "Medium Density Residential (RM) District", to include
references to aspects of the Workforce Housing Ordinance for RM zoned
properties that are part of the Workforce Housing Overlay Districts.
3. ORDINANCE NO. 18-06 (FIRST READING/FIRST PUBLIC
HEARING): City initiated amendment to the Land Development Regulations
(LDR) Article 4.7, "Family Workforce Housing", establishing an additional
workforce housing overlay district known as the "Infill Workforce Housing
Area", located east of 1-95 and west of the Intracoastal outside of the coastal
high hazard area for properties predominandy zoned RM (Medium Density
Residential).
4. ORDINANCE NO. 19-06 (FIRST READING/FIRST PUBLIC
HEARING): City initiated amendment to the Land Development Regulations
(LDR) Section 4.4.13(1), "Performance Standards", to provide for inclusion of
workforce housing among other conditions in order to obtain increased density.
5. ORDINANCE NO. 20-06 (FIRST READING/FIRST PUBLIC
HEARING): City initiated amendment to the Land Development Regulations
(LDR) Section 4.1.4, "Use of Lots of Record", to provide for the use of lots of
record of at least 40 feet for the construction of workforce housing units.
C. ORDINANCE NO. 13-06: An ordinance amending Chapter 36, "Finance; City
Property Transactions", Section 36.01, "Compliance with Standard Practice
Instructions", of the Code of Ordinances, to provide that personal services contracts
are exempt from the requirements of Chapter 36.
03-21-2006
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11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE
PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS.
A. City Manager's response to prior public comments and inquiries.
B. From the Public.
12. FIRST READINGS:
A. ORDINANCE NO. 21-06: An ordinance amending Land Development Regulations
(LDR) Section 2.4.3(K)(3), "Permit Fees", to enact a new subsection (s) authorizing the
waiver of building permit fees for the installation of auxiliary power generators and fuel
systems in critical use groups and occupancies.
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: MARCH 17, 2008
03-21-2006
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SPECIAL MEETING/WORKSHOP
MARCH 16, 2006
A Special Meeting/Workshop of the City Commission of the City of Delray Beach, Florida, was
called to order by Mayor Jeff Perlman in the First Floor Conference Room at City Hall at 6:00 p.m.,
on Thursday, March 16,2006.
Roll call showed:
Present - Commissioner Patricia Archer (arrived at 6:07 p.m.)
Commissioner Rita Ellis
Commissioner Jon Levinson
Commissioner Alberta McCarthy
Mayor Jeff Perlman
Also present were - David T. Harden, City Manager
Susan A. Ruby, City Attorney
Chevelle D. Nubin, City Clerk
Robert A, Barcinski, Assistant City Manager
Mayor Perlman called the meeting to order and announced that it had been called for the purpose of
considering the following items:
SPECIAL MEETING AGENDA
1. MUNICIPAL ELECTION RESULTS: Canvass the returns, and declare the results of
the March 14,2006 First Nonpartisan Election.
This item was removed from the agenda.
2. OLD SCHOOL SQUARE GARAGE/BUILDING DEMOLITIONS: Approve the
demolition of two buildings, Love's Drugs and the old Goodwill building, on the site
proposed for the Old School Square Garage.
Richard Hasko, Director of Environmental Services presented the proposed demolition
contract award for removal of the existing former school building, as well as, the Love's
Drug building at the site of the proposed Old School Square garage. Three quotes were
solicited from contractors and the low quote was $76,000 from BG Group, ILC. Staff is
recommending award to BG Group, ILC for the demolition of the buildings only.
Mr. Levinson moved to approve demolition of two buildings, seconded by Ms. McCarthy.
Upon roll call, the Commission voted as follows: Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr.
Levinson - Yes; Ms. McCarthy - Yes; and Mayor Perlman - Yes. Said motion passed 5-0.
3. OLD SCHOOL SOUARE GARAGE/UTILITY RELOCATION: Approve the
relocation of a sanitary sewer to prepare the site for the proposed Old School Square
Garage.
Richard Hasko, Director of Environmental Services presented information on the Old
School Square utility relocation. Staff solicited quotes on the scope of work from three
contractors currendy under contact with the City of Delray Beach. Asphalt Consultants
declined to bid. Of the other two bidders, Chaz Equipment and Rosso Paving and
Drainage, Chaz was the low bidder with a total of $313,147.50. This project would be
funded through a variety of funds in order to accomplish the utility relocation. The primary
work will be relocating the sewer main in the alley away from the new garage area. A small
lift station will have to be installed. The sewer will be relocated in alignment with NE 1 It
Avenue. Staff recommends approval of the contract to Chaz Equipment.
Mr. Levinson moved to approve contract to Chaz Equipment, seconded by Ms. McCarthy.
Upon roll call, the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes;
Ms. McCarthy - Yes; Mayor Perlman - Yes; and Mrs. Ellis - Yes; Said motion passed 5-0.
Mayor Perlman adjourned the Special Meeting at 6:09 p.m.
WORKSHOP AGENDA
1. Overview of the Brickell Foundation - Norman Brickell Mark Hansen
Mr. Mark Hansen, School Board Member, made a presentation requesting Commission
support to establish a program in Palm Beach County Schools to reduce the adolescent
bullying within the school system.
Mr. Norman Brickell from the Rodd D. Brickell Foundation would like to offer a grant for
the prevention of bullying in the school system. The Foundation's mission is to provide
funding for programs, education and research that aid in the prevention of youth suicide.
Mr. Rick Lewis from the SAFE Schools Program gave overview of the program.
The grant would be a matching grant.
It was the consensus of the Commission to proceed with the grant program against bullying
in the schools system.
2. Presentation of the Cultural Plan - Coletta and CompaQy
Carol Coletta and Tom Jones, from Coletta and Company provided an overview of the
proposal to encourage Delray Beach to develop a good cultural and intellectual diversity.
It was the consensus of the Commission the presentation was outstanding.
2
March 16, 2006
3. Presentation in support of a water supply project - Lake Worth Drainage District (LWDD)
Ms. Michelle Diffenderfin from the Special Environmental Council to the Lake Worth
Drainage District, and Danna Ackerman-White Director of Community Affairs for the
District, at Staff's request, provided information on the water supply L-40 Berm
Enhancement Project.
It was the consensus of the Commission to provide a resolution for legislative support of
the project.
4. Discussion of Site Plan for Temple Sinai
Rick Durr from Durr and Associates, Inc. explained the Temple Sinai Neighborhood Park
proposal and encouraged comments and suggestions from the Commission.
Comments and concerns from the audience were presented.
It was the Commission to have issues addressed before Park project proceeds.
Mayor Perlman adjourned the Workshop Meeting at 8:10 p.m.
City Clerk
A ITEST:
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 Thursday,
March 16, 2006, which Minutes were formally approved and adopted by the City Commission on
City Clerk
3
March 16, 2006
NOTE TO READER: If the Minutes you have received are not completed as indicated above,
this means they are not the official Minutes of the City Commission. They will become the official
Minutes only after review and approval, which may involve amendments, additions or deletions to
the Minutes as set forth above.
4
March 16, 2006
SPECIAL MEETING
MARCH 17,2006
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 City Manager's Conference Room at City Hall
at 12:55 p.m., on Friday, March 17,2006.
Roll call showed:
Present - Vice-Mayor Jon Levinson
Commissioner Rita Ellis
Commissioner Alberta McCarthy
Absent - Mayor Jeff Perlman
Commissioner Patricia Archer
Also present were - David T. Harden, City Manager
Terrill Barton, Assistant City Attorney
Chevelle D. Nubin, City Clerk
Vice-Mayor Levinson called the meeting to order and announced that it had been called for
the purpose of considering the following items:
SPECIAL MEETING AGENDA
1. MUNICIPAL ELECTION RESULTS: Canvass the returns, and declare the
results of the March 14,2006 First Nonpartisan Election.
Mrs. Ellis moved to approve the cumulative totals for each candidate for Commission
Member/Seat #2, and Seat #4 including all of the regular, absentee and provisional
votes as presented, and that it is hereby declared, based upon the above and foregoing
results, that Fred B. Fetzer is elected as Commission Member/Seat #2, and Brenda B.
Montague is elected as Commission Member/Seat #4 each for a two year term
commencing on the 301b day of March, 2006, and ending in accordance with the City
Charter, seconded by Ms. McCarthy. Upon roll call, the Commission voted as follows:
Mrs. Ellis - Yes; Ms. McCarthy - Yes; Mr. Levinson - Yes. Said motion passed 3-0
There being no further business Mrs. Ellis moved to adjourn the meeting, seconded by
Ms. McCarthy. Vice Mayor Levinson adjourned the meeting at 12:57 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
Friday, March 17, 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
March 17, 2006
WHEREAS, Law Day is a celebration of our nation's great heritage of
liberty, justice, and equality under the law; and
WHEREAS, our nation's Founders created a doctrine of separation of
powers among the three branches of government - executive, legislative,
and judicial; and
WHEREAS, in an effort to balance any accumulation of power, our
nation's Founders included a system of checks and balances in the
Constitution, and this system ensures that each branch serves as a
constraint on, and is constrained by, the powers of the other branches; and
WHEREAS, our system of separation of powers and checks and
balances stands as model for other nations of the world.
NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray
Beach, Florida, on behalf of the City Commission, do hereby proclaim
Monday, May 1, 2006, as
"LAW DAY"
and urge all citizens, schools, businesses, and media to use this occasion
to preserve and strengthen the rule of law.
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 21st
day of March, 2006.
JEFF PERLMAN
MAYOR
01<
m1
191\
PUBLICITY I proclamation
Law Day Proclamation
Securing a proclamation from an elected official, such as a mayor or
governor, gives Law Day weight and credibility.
A SAMPLE LAW DAY 2006 PROCLAMATION
Whereas, Law Day is a celebration of our nation's great heritage
of liberty, justice, and equality under law; and
Whereas, our nation's Founders created a doctrine of separation
of powers among the three branches of government-executive,
legislative, and judicial; and
Whereas, in an effort to balance any accumulation of power, our
nation's Founders included a system of checks and balances in
the Constitution, and this system ensures that each branch
serves as a constraint on, and is constrained by, the powers of the
other branches; and
Whereas, our system of separation of powers and checks and bal-
ances stands as a model for other nations of the world.
NOW THEREFORE, I . (Mayor, Governor, etc.) of
. do hereby proclaim Monday, May 1, 2006, as Law Day.
I urge the citizens, schools, businesses, and media of
to use this occasion to preserve and strengthen the rule of law.
IN WITNESS WHEREOF, I have hereunto set my hand this
day of , in the year of our Lord two thousand
and six, and of the Independence of the United States of
America, the two hundred and thirtieth.
For a customizable proclamation
access: www.lawday.org
click on: Proclamation
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Order onUne www.lawday.org I Order by phone 800.285.2221 13
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Alvin S. Goldstein
ALSO MEMBER OF NEW YORK BAR
BOARD CERTIFIED
BUSINESS BANKRUPTCY LAW.
ONE BOCA PLACE, SUITE 337W
2 255 GLADES ROAD
BOCA RATON, FLORIDA 3343 I
C. William Berger
OF COUNSEL
ALSO MEMBER OF PENNSYLVANIA BAR
February 15,2006
~. 0 . r-"'.... ~'~@-j -U__.\Y!. ,..,;--', ~';..~I.
ji \ :
\ 1 : i
f'\ \ : FEB I "7 2[itl, .
\"l,
i ,__0-
C\-;l""! ce" < ; ,
..'. ,~ '.~,._...,_.....,--
._-,,~,-
Mark S. Roher
VIA FACSIMILE - 243-7199
Mayor Jeffrey Perlman
City of Delray Beach
100 Northwest First Avenue
Delray Beach. Florida 33444
RE: South Palm Beach County Bar Association
2006 Law Week "Speakers in Schools" Proiect
I have volunteered to Chair the South Palm Beach County Bar Association's annual Law Day
program.
We will be celebrating Law Day on Monday, May 1, 2006. On that day (and throughout that week)
we will be providing our local schools with the opportunity to participate in our "Speakers in Schools"
project. It is my hope that on May 1 we can make available to one or more classrooms in each and every
school in South Palm Beach County an attorney who will speak on a subject related to either the United
States Constitution, the practice of law or the American legal system.
We hereby respectfully request that the City of Del ray Beach and you support the SPBCBA Law Day
program by issuing a special "Law Week" Proclamation. If this is acceptable to you and you are willing to
issue such a Proclamation, we would like to request a special photo session with you, at your convenience,
during the last week of March. As I am sure you can appreciate, this much lead time is necessary so that
press releases can be prepared and provided to the local media.
If you have any questions about our project or about these special requests, please do not hesitate
to call me. In the meantime, I hope you can favorably reply to our request and look forward to hearing from
you soon.
Very truly yours,
FUJ~HEN~
V(~~
Marc P. Barmat
E-Mail: mbarmat@furrcohen.com
MPB/dfw
H:\LIBRAR Y\ST AFF DIRECTOR Y\Marc\LA W DAY 2006\Letter to Mayor Perlman.wpd
Date: 3/3/06
AGENDA ITEM NUMBER: ~1ft
o
VI
AGENDA REOUEST
Request to be placed on:
_ Consent Agenda --X- Regular Agenda (Presentation) _ Workshop Agenda _ Special Agenda
When: March 21. 2006
Description of agenda item (who, what, where, how much):
Presentation of Certificates of Appreciation to the Commissioners by Youth from
one of the Weed & Seed Programs (Carver Kids of Character- Karate) and brief
demonstration. Sharon L'Herrou eed ed Pro am Mana er will introduce the
group (5-10 minutes). '\;
Department Head
Signature:
City Attorney Review/Recommendation (if
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: N/ A (if applicable)
City Manager Review:
Approved for Agenda: @ / No Initials: tJZ1
Hold Until:
Agenda Coordinator Review:
Received:
MEMORANDUM
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGE~
AGENDA ITEM # <6A - REGULAR MEETING OF MARCH 21,2006
RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD ACTION
TO:
FROM:
DATE:
MARCH 17, 2006
This is before the Commission to ratify the following action taken by the South Central Regional
Wastewater Treatment and Disposal Board at their Quarter Annual Meeting on January 18, 2006.
By a vote of 6 to 0, the SCRWTD Board approved the following:
. Authorize an agreement with the lowest responsible bidder in aggregate amount not to exceed
$700,000.00 for Bid Package to furnish pipe, fittings, valves, slide gates, and chlorine contact
tank covers from various vendors in accordance with bid documents for Reclaimed Water
System Expansion. Cost to be split 50/50 from each City's Capital Fund.
At the bid opening on March 8, 2006, McDade Waterworks, Inc. was the lowest responsible
bidder with a price not to exceed $311,953.00 for Bid Package Number 5 to furnish pipe fittings,
valves, slide gates, and fiberglass covers in accordance with the contract documents for
Reclaimed Water system Expansion. The cost of $311,953.00 will be split 50/50 from each
City's Capital Fund.
Recommend ratification of the action approved by the SCRWTD Board on January 18, 2006.
S:\City Clerk\agenda mernos\SCRWID Board Action of 011806 2
t~
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF JANUARY 18, 2006
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on January 18, 2006, by a vote of 6-0, authorize an agreement with the lowest
responsible bidder in aggregate amount not to exceed $700,000 for Bid Package
to furnish pipe, fittings, valves, slide gates, chlorine contact tank covers from
various vendors in accordance with bid documents for Reclaimed Water System
Expansion. Cost to be split SO/50 from each City's Capital Fund.
At the bid opening on March 8, 2006, McDade Waterworks, Inc., was the lowest
responsible bidder with a price not to exceed $311,953 for Bid Package Number 5
to furnish pipe fittings, valves, slide gates and fiberglass covers in accordance
with the Contract Documents for Reclaimed Water System Expansion. The cost
of $311,953 will be split SO/50 from each City's Capital Fund.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and the
City of Delray Beach.
NOW, THEREFORE, the City of Delray hereby ratifies said Board action independently.
The above action is hereby ratified in open session by the City of Delray Beach this _
day of , by a vote.
CITY OF DELRA Y BEACH
By:
Mayor
Attest:
City Clerk
Approved as to form:
City Attorney
TO:
THRU:
FROM:
SUBJECT:
D VI ~~ANAGER
PAUL.: DORLlNG, DIRE R OF PLANNING A~ONING
NGUYEN TRAN, SENIO PLANNER ~t4 -d7~
MEETING OF MARCH 21, 2006 ! I' * * * CONSENT AGENDA * * *
APPROVAL OF A FINAL SUBDIVISION PLAT FOR GULF STREAM VILLAS, A 14-
LOT FEE-SIMPLE TOWNHOUSE DEVELOPMENT, LOCATED ON THE SOUTHWEST
CORNER OF GULF STREAM BOULEVARD AND WEBB AVENUE.
The subject property consists of Blocks C and D of the Replat of Blocks 2-5 Inclusive of Gulf Stream Estates
(PB 23, PG 46) together with the east half of the north-south alley right of way adjacent to Blocks C and D.
Block C presently contains two (2) one-story apartment buildings while Block D contains one (1) one-story
apartment building. At their meeting of July 18, 2005, the Planning and Zoning Board recommended approval
of the request to abandon the two north-south alley rights-of-ways adjacent to Blocks C and D. At their
meeting of September 14, 2005, the Site Plan Review and Appearance Board (SPRAB) granted site plan
approval for the construction of fourteen (14) fee simple townhouse units in three (3) two story buildings on the
subject property. 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 Gulf Stream Villas. The
abandonment request is being considered in conjunction with this final plat. For additional background and a
complete analysis of this request, please refer to the attached Planning and Zoning Board report.
The proposed development consists of 14 dwelling units contained in three townhouse structures. The
townhouse units will be constructed on lots ranging from 19.87' to 32.33' wide by 90.14' to 145.18' deep and
vehicular access will be taken directly from Gulf Stream Boulevard or Webb Avenue. Tracts "A" and "B" have
been dedicated to the Gulf Stream Villas Homeowner's Association for common area/open space and
pedestrian access to the site is accommodated with the proposed construction of a 5' wide concrete sidewalk
along Gulf Stream Boulevard, Webb Avenue and along both sides of Gulf Stream Drive. In addition, a 5' wide
sidewalk easement has been dedicated along Gulf Stream Boulevard. A 14.5' general utility easement has
been provided along the entire west side of the plat to accommodate existing utilities along the alley right-of-
way (to be abandoned) and a 10' wide easement has been dedicated across the front of Lots 101-104 to
provide utility service to these lots. Please refer to the attached reduced plat for a detailed layout.
The Planning and Zoning Board considered the proposed plat at their meeting of October 17, 2005. Atter
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 Gulf Stream Villas. All technical items have
been satisfactorily addressed.
Move approval of the request for final plat approval for Gulf Stream Villas 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. Gulf Stream Villas Plat. Planning and Zoning Board staff report of October 17. 2005
~s
GULF STREAM BOULEVARD
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PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
October 17, 2005
V.A.
Combined Preliminary/Final Plat for Gulfstream Villas, a proposed 14-unit
townhouse development located on the west side of Webb Avenue, south of Gulf
Stream Boulevard. (Quasi-Judicial Hearing)
GENERAL DATA:
Owner........... ........................... Gerald & Elizabeth Feblowitz
Applicant. . ... .. . .. .. .. ... .. . ... .. ... ... Kelton Project Management,
Inc.
Agent.......................................... Edward Ploski, AICP
Craven Thompson & Assoc.
Location...................................... Southwest corner of Webb
Avenue and Gulf Stream
Boulevard.
1.312 Acres
Transitional
RM (Medium Density
Residential)
Adjacent Zoning................North: Palm Beach County RS
(Residential Single Family)
East: MIC (Mixed Industrial &
Commercial)
South: RM
West: R-1-M (Single Family
Residential)
Existing Land Use...................... 2 one story C.B.S. apartment
buildings containing 10 units
total.
Proposed Land Use.................... Construction of a 14 unit
townhouse development.
Water Service............................. Available via connections to
an existing 8" water main
located in Gulf Stream
Boulevard and an existing 8"
water main in Webb Avenue.
Sewer Service........................... .. Available via service lateral
connections to an existing 8"
sewer main in Gulf Stream
Boulevard and an existing 8"
sewer main in Webb Avenue.
Property Size......... .....................
Future Land Use Map...............
Current Zoning............................
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V. A.
The item before the Board is that of approval of a combined preliminary/final plat for a
14-unit fee simple townhouse development known as Gulf Stream Villas. The
subject property is located at the southwest corner of Gulf Stream Boulevard and
Webb Avenue.
This plat is being processed pursuant to LOR Section 2.4.5(J), Major Subdivisions.
The subject property consists of Blocks C and 0 of the Replat of Blocks 2-5 Inclusive
of Gulf Stream Estates (PB 23, PG 46) together with the east half of the north-south
alley right of way adjacent to Blocks C and D. Block C presently contains two (2) one-
story apartment buildings while Block 0 contains one (1) one-story apartment building.
At their meeting of July 18, 2005, the Planning and Zoning Board recommended
approval of the request to abandon the two north-south alley rights-of-ways adjacent
to Blocks C and 0 of the Replat of Blocks 2-5 of Gulf Stream Estates. The
abandonment will be scheduled for consideration by the City Commission in
conjunction with Final Plat approval.
At their meeting of September 14, 2005, the Site Plan Review and Appearance Board
(SPRAB) granted site plan approval for the construction of fourteen (14) fee simple
townhouse units in three (3) two story buildings on the subject property.
The proposed development consists of 14 dwelling units contained in three townhouse
structures. Buildings #1 and #2, located on the north portion of the property, will
contain nine (9) three bedroom town homes with two-car garages per unit. Building
#3, located on the south portion of the property contains five (5) two bedroom town
homes with one-car garages for each unit. The townhouse units will be constructed
on lots ranging from 19.87' to 32.33' wide by 90.14' to 145.18' deep.
Vehicular access to this project will be taken directly from Gulf Stream Boulevard or
Webb Avenue. No additional ingress-egress easements will be required for access.
Tract "A" and Tract "B" has been dedicated to the Gulf Stream Villas Homeowner's
Association, Inc. for common area/open space, drainage, landscaping and private
parking purposes. Pedestrian access to the site is accommodated with the proposed
construction of a 5' wide concrete sidewalk along Webb Avenue, Gulf Stream
Boulevard and along both sides of Gulf Stream Drive. A 5' wide sidewalk easement
has been dedicated along Gulf Stream Boulevard.
A 14.5' wide General Utility Easement has been provided along the entire west side of
the plat to accommodate existing utilities along the alley right-of-way (to be
abandoned). A Notification of Utility Providers form was received from Florida Power
P&Z Board Staff Report
Meeting of September 19, 2005
Gulf Stream Villas Plat
Page 2
and Light (FP&L) indicating that a 10' wide Utility Easement will be required along the
rear of Lots 101-104 to provide utility service to these lots. Only a 5' wide General
Utility Easement is being shown along the rear of these lots. An additional 5' of
easement area will be required or provide a signed letter from FP&L, Adelphia and
BellSouth stating that a 5' wide easement will be sufficient to provide service to these
lots. This will be a condition of approval.
Drainage is accommodated via a privately dedicated drainage easement to the
Homeowners Association.
Pursuant to Section 3.1.1 of the Land Development Regulations, prior to
approval of development applications, certain findings must be made in a form
which is part of the official record. This may be achieved through information in
the application, the staff report, or minutes. Findings shall be made by the
Board to approve or deny the development application. These findings relate to
Future Land Use Map Consistency, Concurrency, Consistency with the
Comprehensive Plan, and Compliance with the Land Development Regulations.
Section 3.1.1 (A) - Future Land Use Mac: 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 Transitional and is
zoned Medium Density Residential (RM). Pursuant to LOR Section 4.4.6(B)(3), within
the RM zoning district multiple family structures of 6 -12 units per acre or less are
allowed as a permitted use subject to compliance with the performance standards of
LOR Section 4.4.6(1) if a density greater than 6 units per acre is sought. The
proposed 14 units represent a density calculation of 10.67 units per acre (14 units I
1.312 acres = 10.67 units/ac). Based upon the above, it is appropriate to make a
positive finding with respect to consistency with the Future Land Use Map designation.
Section 3.1.1 @ - 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:
Water and Sewer:
. Water service to will be provided via connections to an existing 8" water main
located within Gulf Stream Boulevard right-of-way (for Building 1) and via
connections to an existing 8" water main in Webb Avenue right-of-way (for
Buildings 2 & 3).
P&Z Board Staff Report
Meeting of September 19, 2005
Gulf Stream Villas Plat
Page 3
. Sewer service will be provided via service lateral connections to an existing 8"
sewer main located within Gulf Stream Boulevard right-of-way (for Building 1) and
via connections to an existing 8" sewer main within Webb Avenue right-of-way (for
Buildings 2 & 3).
. Adequate fire suppression will be provided by one fire hydrant located on the
northeast corner of Building #1 and one fire hydrant located on the northeast
corner of Building #3.
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 this level of service standard.
Streets and Traffic:
The applicant has not submitted a traffic statement indicating the peak hour trips that
will be generated by the development or the impact that the development would have
on the Average Daily Trips (ADT). Due to the size of the proposed development (14
townhouse units) only 98 average daily trips will be generated and no problems are
anticipated with traffic concurrency. However, a condition of approval is being
attached that a letter from Palm Beach County Traffic Division indicating that the
project meets the traffic performance standards of Palm Beach County shall be
provided. Once this condition of approval is addressed positive findings with respect
to this level of service standard can be made.
Parks and Recreation Facilities:
The proposed fourteen (14) residential units will not have a significant impact with
respect to level of service standards for parks and recreation facilities. Pursuant to
LOR Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected
prior to issuance of a building permit for each unit. A total fee of $7,000 will be
required of this development for parks and recreation purposes.
Solid Waste:
The fourteen (14) units will generate 7.28 tons of solid waste annually (14 units x 0.52
tons of solid waste per year = 7.28 tons). The trash generated by this proposal can be
accommodated by existing facilities; therefore, a positive finding with respect to this
level of service standard can be made.
Drainaae:
Drainage will be accommodated on site via an exfiltration trench system with an
outflow into the City's system. There should be no impact on drainage as it relates to
this level of service standard.
P&z Board Staff Report
Meeting of September 19, 2005
Gulf Stream Villas Plat
Page 4
Schools:
The applicant has submitted the required letter of Concurrency Determination to the
Palm Beach County School District and the City has received a letter of Concurrency
Approval from the School District.
Section 3.1.1 cg - Consistency: Pursuant to Section 3.2.1 (Basis for
Determining Consistency), the performance standards set forth in Section 3.2.3
(Standards for Site Plan and/or Plat Actions) shall be the basis upon which a
finding of overall consistency is to be made.
As described in Appendix "A", a positive finding for consistency can be made as it
relates to Standards for Plat Actions.
Section 3.1.1 (Q) - Compliance with the Land Development Reaulations:
. Section 5.1.3(A) Plat ReQuired:
A plat is required for the subdivision of any lot, tract or parcel of land; and for the
dedication, layout, opening or construction of any street, storm sewer, sanitary
sewer, water main, or other facility for public use or for the common use of building
occupants. The provisions of this section shall apply to all lands within the
incorporated area of the City except as specifically exempted.
Each unit has been shown on the plat as a separate lot and common area/open
space has been dedicated as a separate tract. The submitted plat meets all other
requirements.
. LOR Section 6.1.3(B)(1)(Sidewalks):
Pursuant to LOR Section 6.1.3(8)(1), a five-foot wide sidewalk is required along
both sides of the streets throughout the development and a 5' sidewalk has been
provided along Webb Avenue, Gulf Stream Boulevard rights-of-ways and on both
sides of Gulf Stream Drive right-of-way.
. LOR Section 5.3.1 (Riaht-of-Wav Dedication):
Per LOR Section 5.3.1 (A), streets, public or private, shall be shown on all
subdivision plats as tracts dedicated for such purposes.
Primary vehicular access to the development will be taken directly from Webb
Avenue or Gulf Stream Boulevard. Pursuant to LOR Section 5.3.1 (0)(2), and the
Transportation Element of the City's Comprehensive Plan, the required right-of-
way width for Webb Avenue and Gulf Stream Drive is 60'. Currently, 50' of right-
of-way exists for Webb Avenue and Gulf Stream Drive. The City Engineer upon a
favorable recommendation from the Development Services Management Group
(DSMG) supported a right-of-way reduction for Webb Avenue and Gulf Stream
Drive from 60' to 50' at their regularly scheduled meeting of September 15, 2005.
P&Z Board Staff Report
Meeting of September 19. 2005
Gulf Stream Villas Plat
Page 5
According to Table T-1 (Street Network Classification and Improvements) of the
City's Comprehensive Plan, Gulf Stream Boulevard is classified as a County
Collector with an ultimate right-of-way width of 80'. It should be mentioned that the
centerline of Gulf Stream Boulevard coincides with the municipal boundary line
between the City of Boynton Beach and the City of Delray Beach. Currently, Gulf
Stream Boulevard has a right-of-way width of 75' (50' north of and 25' south of the
centerline) with the exception of the dedication of an additional 5' Roadway
Easement along the Seacrest Boulevard Presbyterian Church Plat which makes
Gulf Stream Boulevard 80' wide for this portion of right-of-way. At its meeting of
September 15, 2005, the DSMG (Development Services Management Group)
recommended the dedication of a 5' wide sidewalk easement along the northern
property boundary. This 5' wide sidewalk easement has been shown on the plat
along Gulf Stream Boulevard.
Technical comments from the Planning & Zoning Department and Environmental
Services Department are attached as Appendix "B", and must be addressed prior to
scheduling of the plat for City Commission consideration.
This project proposal is not within the geographical area requIring review by the
Historic Preservation Board (HPB) or the Downtown Development Authority (DDA);
However, it is within the geographical area requiring review by the Community
Redevelopment Agency (CRA).
Community Redevelopment Agency (CRA): The CRA considered the development
proposal at their regularly scheduled meeting of August 11, 2005 and recommended
approval.
Courtesy Notices:
A courtesy notice has been sent to the following associations and civic organizations:
.. PROD - Progressive Residents of Delray
.. Presidents Council
.. Seacrest Homeowner's Association
Letters of objection or support, if any, will be presented at the Planning and Zoning
Board meeting.
The development proposal to construct 14 fee-simple townhouse units is consistent
with the Zoning and Future Land Use Map designations for the subject property.
P&Z Board Staff Report
Meeting of September 19, 2005
Gulf Stream Villas Plat
Page 6
Positive findings can be made with regard to Concurrency and Comprehensive Plan
consistency, as well as LDR Section 3.2.3 (Standards for Plat Actions). The plat and
engineering plans will require several 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. Approve the preliminary plat for Gulf Stream Villas and certify the final plat
based upon positive findings with respect to Section 3.1.1, Section 3.2.3 and
Objectives and Policies of the C.omprehensive Plan, 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.
Approve the preliminary plat for Gulf Stream Villas and certify the final plat based
upon positive findings with respect to Section 3.1.1, Section 3.2.3 and Objectives and
Policies of the Comprehensive Plan, subject to the following conditions:
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,
2. That a letter from Palm Beach County Traffic Division indicating that the project
meets the traffic performance standards of Palm Beach County be received; and,
3. That a total easement area of 10' wide be provided along the rear of lots 101-104
or a signed letter from FP&L, Adelphia Cable and BellSouth stating that a 5' wide
utility easement will be sufficient.
Attachment:
. Appendix" An
. Appendix "sn
. Location Map
. Reduced Survey
. Reduced Plat
. Reduced Site Plan
S:\Planning & Zoning\BOARDS\P&Z BOARD\GulfStream Villas - Plat.doc
P&Z Board Staff Report
Meeting of September 19, 2005
Gulf Stream Villas 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 0-1 and 0-2 of the Transportation Element.
Not applicable X
Meets intent of standard
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. 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.
P&Z Board Staff Report
Meeting of September 19, 2005
Gulf Stream Villas 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 of the Housing Element.
Not applicable
Meets intent of standard X
Does not meet intent
H. The City shall consider the effect that the proposal will have on the stability of
nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and
circulation patterns shall be reviewed in terms of their potential to negatively impact
the safety, habitability and stability of residential areas. If it is determined that a
proposed development will result in a degradation of any neighborhood, the project
shall be modified accordingly or denied.
Not applicable
Meets intent of standard X
Does not meet intent
I. Development shall not be approved if traffic associated with such development would
create a new high accident location, or exacerbate an existing situation causing it to
become a high accident location, without such development taking actions to
remedy the accident situation.
Not applicable
Meets intent of standard X
Does not meet intent
J. Tot lots and recreational areas, serving children from toddler to teens, shall be a
feature of all new housing developments as part of the design to accommodate
households having a range of ages. This requirement may be waived or modified for
residential developments located in the downtown area, and for infill projects having
fewer than 25 units.
Not applicable X
Meets intent of standard
Does not meet intent
P&Z Board Staff Report
Meeting of September 19, 2005
Gulf Stream Villas Plat
Page 9
The following comments must be addressed prior to scheduling the plat for City
Commission:
Planning & Zoning Department Comments
Technical Comments:
1. A Letter from Palm Beach County Traffic Division indicating that the. project meets
the traffic performance standards of Palm Beach County be received.
Plat Comments:
1. A second Notification of Utility Provider form was received from FP&L and a copy is
attached. Please provide a 10' General Utility Easement along the rear of Lots 101-104 to
service these lots. The G.U.E. should extend west to the proposed 14.5' wide north-south
General Utility Easement.
Environmental Services Department Comments
(Note: At the time this report was written, updated comments from The City's
Environmental Services Department has not been received. Some of the
following comments may have been addressed)
Plat Comments:
1. Provide digital copy of approved plat in format per City of Delray Beach Engineering.
2. Water easement language should match City of Delray Beach Standard language.
Show water easement for fire hydrant at NE property corner.
3. Provide drainage easements for all proposed drainage. Show drainage easements
along Webb Avenue.
4. Provide a detailed description of how each of these comments has been
addressed with next submittal.
Technical Comments:
1. Provide 6 inch deep sodded swale along Webb Avenue. No bubble-up structures
are permitted in the right-of-way.
P&Z Board Staff Report
Meeting of September 19, 2005
Gulf Stream Villas Plat
Page 10
2. Paving cross sections show asphalt paving - plans indicate pavers. Clarify which
type of paving will be used.
3. Verify that no swimming pools will be constructed on the property.
4. Driveway approaches on Sheet C-5 should be revised to match Detail RT10.2.
5. Provide sidewalk parallel to property line along Gutfstream Blvd and Gulfstream
Drive. Allow one foot (1') between back of sidewalk and right-of-way line - see City
Standard Details RT 1.1 and RT 1.2. All sidewalks shall be a minimum of 5' wide.
6. Provide 12' water easement for fire hydrants located on private property.
7. Utilize existing water service for irrigation. A RPZ backflow preventor will be
required on the irrigation service. RPZs are not required for residential water
service.
8. Consider combining water services similar to double service Detail RW 2.1, using
two meter boxes.
9. Combine sewer services using Detail WW 4.1. A c1eanout will be required on the
sewer service at the right-of-way line and/or easement line.
1 O.Add typical configuration and location of proposed sewer services with c1eanouts.
11. label proposed and existing property lines in Sections B-B and C-C on Sheet C-6.
12. Provide detail for curb nosedown along Gulfstream Blvd.
13. Clarify handicap ramp locations at all intersections.
14. Engineer is to field verify location, size and depth of existing City of Delray Beach
utilities prior to submitting Final Engineering Plans.
15. Provide on the plans current City of Delray Beach standard construction details as
applicable.
16. All connections to existing water mains shall be made while the water main is
under normal working pressure. If this cannot be accommodated, the design shall
incorporate special provisions such as line-stops to minimize the impact on
existing customers. Provide note on water and sewer plans.
17. Verify that sanitary laterals do not conflict with exfiltration trenches.
18. Show details for exfiltration trenches with proposed elevations of drainage and
sewer lines.
P&Z Board Staff Report
Meeting of September 19, 2005
Gulf Stream Villas Plat
Page 11
19. Provide note on the Landscape plans that there shall be no trees or shrubs placed
within water, sewer or drainage easements.
20. Provide copy of approved Landscape plan.
21. 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.
22.A plat will be required. No building permit will be issued until the plat is recorded.
23. A certified engineer's estimate will be required for improvements to be maintained
by the City. 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.
24. This project is over one (1) acre in size; provide a copy of FDEP Notice of Intent.
25. Developer may be required to contribute to the implementation of FEC "Quiet
Zone" at Gulfstream Blvd and Gulfstream Drive.
26. Provide a detailed description of how each of these comments has been
addressed with next submittal.
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SUBJECT:
DAV ~~EI MANAGER
PAUL: DORLlNG, DIRE OR OF PLANNING AN~ONING
NGUYEN TRAN, SEN R PLANNER ~7? ~~
MEETING OF MARCH 21, 2006 1~* CONSENT AGENDA***
APPROVE RESOLUTION NO. 15-06 ABANDONING TWO 20' WIDE ALLEY
RIGHTS-OF-WAYS ASSOCIATED WITH GULF STREAM VILLAS TOWNHOUSE
DEVELOPMENT, LYING WEST OF BLOCK C AND BLOCK D OF THE REPLAT
OF BLOCKS 2-5, INCLUSIVE OF GULF STREAM ESTATES.
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In March of 1950, Blocks 2 through 5 of the plat of Gulf Stream E;states were replatted to become the
Replat of Blocks 2-5 Inclusive of Gulf Stream Estates and subsequently recorded in Plat Book 23, Page
46. The replat eliminated Sea View Avenue from the original plat of Gulf Stream Estates and dedicated
Webb Avenue right-of-way and two 20' wide north-south alleyways. The current request involves
abandoning the two 20' wide north-south, rectangular shaped alleyways to the west of Block C and
Block O. The alleyway to the west of Block "C" measures 20' wide by 270' long and contains 5,400
square feet (0.124 acre). The alleyway adjacent to the west of Block "0" measures 20' wide by 150'
long and contains 3,000 square feet (0.069 acre). Both alleyways are unimproved and together total
7,400 square feet (0.169 acre). The abandonment request was submitted by Kelton Project
Management, Inc., the applicant and developer of Gulf Stream Villas, a proposed 14-lot townhouse
development. The applicant/developer intends to aggregate their reversionary portion of the alleyways
(once abandoned) to be utilized as additional open space for the proposed townhouse development. At
their meeting of September 14, 2005, the Site Plan Review and Appearance Board (SPRAB) granted
site plan approval for the construction of fourteen (14) fee simple townhouse units in three (3) two story
buildings on the subject property. 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
Gulf Stream Villas. The final plat for Gulf Stream Villas incorporates 10' of the 20' alleys and is being
considered in conjunction with this abandonment request.
The City's Environmental Services Department has reviewed the request and has no objection to the
abandonment. Adelphia Cable and Florida Public Utilities Company have also reviewed the requested
abandonment, and have no objection. Florida Power and Light has identified overhead lines within both
alleyways. BellSouth reviewed the abandonment request and also identified aerial facilities within both
alleyways. BellSouth noted that their aerial cables are located on the same power poles as Florida
Power & Light. Both utility providers (FP&L and BellSouth) stated that they do not object to the
abandonment as long as a 10' wide utility easement is provided to them for their existing facilities prior to
the abandonment taking affect. A 14.5' wide General Utility Easement has been dedicated on the plat of
Gulf Stream Villas to accommodate these existing facilities. Additional background and a complete
analysis of the request are found in the attached Planning and Zoning Board report.
On July 18, 2005, the item was considered by the Planning and Zoning Board. Chairman Pike opened
the public hearing and no one from the public spoke. The Board voted 6-0 to recommend approval of
the abandonment. All conditions have been satisfactorily addressed.
By motion, approve Resolution No. 15-06 to abandon two 20' wide alleyways lying west of Block C and
Block 0 of the Replat of Blocks 2-5 Inclusive, Gulf Stream Estates, 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 2.4.6(M)(5), Abandonment of
Rights-of-Way, of the Land Development Regulations.
Attachments:
Location Map, Survey, Replat of Blocks 2-5 of Gulf Stream Estates, Resolution 15-06, and P&Z Staff Report of July 18, 2005
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PLANNING & ZONING DEPARTMENT
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RESOLUTION NO. 15-06
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING A 20' WIDE NORTH-SOUTH UNIMPROVED
ALLEY RIGHT-OF-WAY LYING WEST OF BLOCK C AND
BLOCK D OF THE REPLA T OF BLOCKS 2-5 INCLUSIVE OF
GULF STREAM ESTATES, LOCATED ON THE SOUTH SIDE
OF GULF STREAM BOULEVARD, WEST OF WEBB
AVENUE, AS MORE PARTICULARLY DESCRIBED IN
EXHIBIT "A".
WHEREAS, the City of Delray Beach, Florida, received an application for
abandonment of a 20' wide north-south unimproved alley right-of-way, lying west of Block C and
Block D of the Replat of Blocks 2-5 Inclusive of Gulf Stream Estates (plat Book 23, Page 46), as
more particularly described in Exhibit "A"; 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 July 18, 2005,
and voted 6-0 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) (5).
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:
ATTEST:
See Exhibit "A"
PASSED AND ADOPTED ill regular seSSlOn on this the _ day of
,2006.
City Clerk
2
MAYOR
Resolution No. 15-06
Exhibit "A"
A 20 FOOT WIDE ALLEYWA Y LYING WEST OF BLOCK C AND BLOCK D OF
"REPLAT OF BLOCKS 2-5 INCLUSIVE OF GULF STREAM ESTATES" ACCORDING
TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 46 OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
SAID LANDS SITUA TE IN THE CITY OF DELRA Y BEACH, PALM BEACH COUNTY,
FLORIDA, CONTAINING 8,400 SQUARE FEET (0.1983 ACRES), MORE OR LESS.
3
Resolution No. 15-06
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PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT ---
MEETING DATE:
AGENDA ITEM:
ITEM:
July 18, 2005
IV.E.
Abandonment of two 20' wide alleyways lying west of Block C and Block 0 of the
Replat of Blocks 2-5 Inclusive of Gulf Stream Estates, located south of Gulf Stream
Boulevard, approximately 120 feet west of Webb Avenue.
(Quasi-Judicial Hearing)
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GENERAL DATA:
Owner............. ..................... General Public
Applicant............................ Kelton Project Management, Inc.
Agent.............................. Craven Thompson & Assoc., Inc.
Ed Ploski, A.I.C.P.
Location............................... 20' wide alleyways lying west of Blocks C & D of the Replat of
Blocks 2-5 Inclusive of Gulf Stream Estates
Property Size........................ 0.169 Acre
Existing FLUM Designation.. Transitional
Current Zoning..................... RM (Medium Density Residential)
Adjacent Zonings........North: Boynton Beach Zoning
East: RM
South: RM
West: R-1-AA (Single Family Residential)
Existing Land Use................ Unimproved rights-of-way
Proposed Land Use............. Incorporation into a proposed 14-unit Townhouse
development to be named Gulf Stream Villas
Water Service...................... n/a
Sewer Service...................... n/a
IV.E.
The item before the Board is that of making a recommendation to the City Commission on the
proposed abandonment of two 20' wide alleyways lying west of Block C and Block 0 of the
Replat of Blocks 2-5 Inclusive of Gulf Stream Estates, located south of Gulf Stream Boulevard,
west of Webb Avenue near the northeast corner of the City.
This right-of-way abandonment is being processed pursuant to LOR Section 2.4.6(M),
Abandonment of Rights-of-Way.
On June 4, 1925, the plat of Gulf Stream Estates was recorded in Plat Book 12, Page 28 of the
Public Records for Palm Beach County, Florida. The plat is bounded on the north by Gulf
Stream Boulevard, on the east by Florida East Coast Railroad (F.E.C.), on the south by Decarie
Subdivision and on the west by Sea crest Boulevard Continuing Presbyterian Church and
Christian School.
In March of 1950, Blocks 2 through 5 of the plat of Gulf Stream Estates was replatted to become
the Replat of Blocks 2-5 Inclusive, Gulf Stream Estates subsequently recorded in Plat Book 23,
Page 46. The replat eliminated Sea View Avenue from the original plat of Gulf Stream Estates
and dedicated Webb Avenue right-of-way and two 20' wide north-south alleyways.
The alleyway to the west of Block "C" measures 20' wide by 270' long and contains 5,400
square feet (0.124 acre). The alleyway adjacent to the west of Block "0" measures 20' wide by
150' long and contains 3,000 square feet (0.069 acre). Both alleyways are unimproved and
together total 7,400 square feet (0.169 acre).
The abandonment request was submitted by Kelton Project Management, Inc., the applicant
and developer of Block C and Block 0, Replat of Blocks 2-5 Inclusive, Gulf Stream Estates.
Block C presently contains two (2) one-story apartment buildings while Block 0 contains one (1)
one-story apartment building. Both properties are currently owned by Gerald and Elizabeth
Feblowitz as Trustees and are under contract with Kelton Project Management, Inc. The
developer intends to aggregate their reversionary portion of the alleyways to be utilized as
additional open space for a proposed townhouse development. The development proposal is to
construct a two-story, 14-unit townhouse development within three (3) separate structures to be
called Gulf Stream Villas. The project was recently submitted and is seeking Site Plan and Final
Plat approval.
Pursuant to LOR Section 2.4.6(M)(1), public right-of-way may be abandoned (returned) to the
adjacent property to the same degree in which it was originally obtained, Le. property dedicated
exclusively from a single parcel shall be returned to that parcel; property dedicated through
subdivision shall be divided at the center line and returned equally to abutting parcels.
As previously stated, the alleyways were dedicated to the public with the recordation of the
Replat of Blocks 2-5 Inclusive, Gulf Stream Estates. The subject areas once abandoned will be
divided at the centerline and returned equally to abutting parcels.
Planning and Zoning Board Meeting of July 18, 2005
Alleyway Abandonment-Replat of Blocks 2-5, Gulf Stream Estates
Page 2
Utilitv Services
"'
The City's Environmental Services Department has reviewed the request and has no objection
to the abandonment. Adelphia Cable and Florida Public Utilities Company have also reviewed
the requested abandonment, and have no objection. Florida Power and Light has identified
overhead lines within both alleyways. BellSouth reviewed the abandonment request and also
identified aerial facilities within both alleyways. BellSouth noted that their aerial cables are
located on the same power poles as Florida Power & Light. Both utility providers (FP&L and
BellSouth) stated that they do not object to the abandonment as long as a 10' wide utility
easement is provided to them for their existing facilities prior to the abandonment taking affect.
Pursuant to LOR Section 2.4.6(M)(5), prior to any right-of-way a~~ndonment being approved,
the following findings must be made:
A) That there is not, nor will there be a need for the use of the right-of-way for any public
purpose.
As previously mentioned, both alleyways are unimproved and are surrounded by residential
structures. The City has no intention to improve these alleyways for any public purpose;
therefore, a positive finding can be made.
B) That the abandonment does not, nor will not, prevent access to a lot of record.
The abandonment will not prevent access to any adjacent parcel, as all affected parcels
take primary access from Gulf Stream Boulevard, Gulf Stream Drive or Webb Avenue. In
addition, the alleyways do not appear to have been utilized for secondary access.
Therefore, a positive finding can be made.
C) That the abandonment will not result in detriment to the provision of access and/or
utility services to adjacent properties or the general area.
As previously stated, access is not an issue with this abandonment since all affected parcels
take access from other improved rights-of-ways. No City Utilities have been located within
the abandonment area; however, overhead electric and telephone cables have been located
within the area proposed for abandonment. The existing utilities will be accommodated
through the reservation of a general utility easement so that the provision of utility services
to adjacent properties or the general area will not be affected.
The development proposal is not within the geographical area requiring review by the CRA
(Community Redevelopment Agency), the HPB (Historic Preservation Board), or the DDA
(Downtown Development Authority).
Courtesy Notices provided to the followina:
.
PROD (Progressive Residents of Delray)
Presidents Council
Seacrest Homeowner's Association
.
.
Planning and Zoning Board Meeting of July 18, 2005
Alleyway Abandonment-Replat of Blocks 2-5, Gulf Stream Estates
Page 3
Public Notice:
~~
Formal public notice has been provided to property owners within a 500' radius of the subject
property. Letters of objection or support, if any, will be provided at the Planning and Zoning
Board meeting.
As the subject right-of-way is unimproved and is not being utilized for primary or secondary
access, its intended use is limited. It is further limited by its location within the middle of a
residential area. The abandonment would not impair the provision of utility services or access
to adjacent lots since a general utility easement will be retained over existing facilities. The
purpose of the abandonment is to incorporate the vacated area into an overall unified
development which will allow for a better development.
1. Continue with direction.
2. Move approval of the request for the abandonment of two 20' wide alleyways lying west of
Block C and Block D of the Replat of Blocks 2-5 Inclusive, Gulf Stream Estates, located
south of Gulf Stream Boulevard, west of Webb Avenue near the northeast corner of the City
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 2.4.6(M)(5), Abandonment of Rights-of-Way, of the Land Development
Regulations.
3. Move denial of the request for abandonment by finding that the request and approval thereof
is not consistent with the Comprehensive Plan and does not meets criteria set forth in
Section 2.4.6(M)(5) of the Land Development Regulations.
Move approval of the request for the abandonment of two 20' wide alleyways lying west of Block
C and Block D of the Replat of Blocks 2-5 Inclusive, Gulf Stream Estates, located south of Gulf
Stream Boulevard, west of Webb Avenue near the northeast corner of the City 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
2.4.6(M)(5), Abandonment of Rights-of-Way, of the Land Development Regulations subject to
the following condition:
1. That prior to City Commission action, a sketch and legal description of a 10' wide general
utility easement to cover existing overhead lines be provided to accompany the
Abandonment Resolution.
Attachments:
Location Map
Reduced Survey
Reduced RePlat of Blocks 2-5 Inc. Gulf Stream Estates
S:\Planning & Zoning\BOARDS\P&Z BOARD\Alleyway Abandonment-Replat of Blocks 2-5, Gulf Stream Estates.doc
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fROM:
DAV~~~ANAGER
PA"- tciRLlNG. DIRtJ"OR OF P~NG AND ,ZONING
JAMES G. CAIN, SENIOR PLANNER/~ ~,4-
MEETING Of MARCH 21, 2006 **CONSENT AGENDA**
ACCEPTANCE Of A RIGHT-Of-WAY DEED ASSOCIATED WITH 738 SE 5TH
AVENUE (JEff fRANC).
TO:
THRU:
SUBJECT:
The subject property is located on the west side of SE 5th Avenue, south of SE 7th Street. The
applicant is proposing to convert an existing non-conforming duplex to a mixed-use
development containing 750 sq. ft. of retail and a residential efficiency.
As a condition of site plan approval, a right-of-way dedication of four feet (4') for the abutting
alley was attached as a condition of approval. The property owners (Jeffrey & Nadine Franc)
have executed a right-of-way deed form dated February 21, 2006 dedicating this right-of-way
and the form has been notarized and signed by the property owners. Exhibit A depicts the four
foot dedication area. It has been reviewed by the City Attorney's office for legal sufficiency and
form, and determined to be acceptable.
By motion, accept the right-of-way deed associated with 738 SE 5th Avenue.
Attachments:
· Right-of-Way Deed
· Location Map/Survey
~C-
Prepared by: RETIJRN:
R. Brian Shutt, Esq.
City Attorney's Office
200N.W.1stAvenue
Delray Beach, Florida 33444
RIGHT-OF-WAY DEED
THIS INDENTURE made this ~ day of Fe... 1.0 . , 20~, between
~~ff~~.-\ M4rL-.o F"'t:"-\."'-c , with a mailing address of 815"0 TW 11\.\
LAke- O~ B~c.A ~Tlll-.::J fl ~~A~),arty of the first part and CITY OF DELRAY
BEACH, FLORIDA, a Florida municipal corporation with a mailing address of lOa N.W. lst
Avenue, Delray Beach, Florida 33444, as party of the second part.
WITNESSETH:
That said party of the first part, for and in consideration of the mutual promises herein
contained and other good and valuable consideration, does hereby grant, remise, release, quit
claim and convey unto the party of the second part, its successors and assigns, all right, title,
interest, claim and demand which the party of the first part has in and to the following-described
land, situate, lying and being in the County of Palm Beach, State of Florida, to-wit:
See Exhibit "AJJ attached hereto.
This Deed is made for the purpose of giving and granting to the party of the second part,
its successors and assigns, a right-of-way and easement in and to said lands for public highway,
street, and public utility purposes; and is made, executed and delivered with the express
understanding and condition that should the same ever be discontinued or abandoned as a public
highway or street, the title to same shall thereupon revert to and revest in the party of the first
part or assigns.
That this right-of-way shall be subject only to those easements, restrictions, and
reservation of record. The party of the first part agrees to provide for the release of any and all
mortgages or liens encumbering this right-of-way. The party of the first part also agrees to erect
no building or effect any other kind of construction or improvements upon the above-described
property.
Party of the first part does hereby fully warrant the title to said land and will defend the
same against the lawful claims of all persons whomsoever claimed by, through or under it, that it
has good right and lawful authority to grant the above-described right-of-way and that the same is
unencumbered. Where the context of this Right-of-Way Deed allows or permits, the same shall
include the successors or assigns of the parties.
TO HA VE AND TO HOLD THE SAME, together with all and singular the
appurtenances thereto belonging or in anywise incident or appertaining, and all the estate, right,
title, interest, and claim whatsoever of the said party of the first part, in law or in equity to the
only proper use, benefit, and behalf of the said party of the second part, its successors and
assigns.
IN WITNESS WHEREOF, said party of the first part has hereunto set their hand and seal
the date first above written.
~SSES:~
'~~r>?~
(Name printed or typed)
~.~
~ ---ec 0
'" r5/l1'1'f7- () r-( f}6 A'Y
(Name printed or typed)
ST ATE OF -y::Zt9e./;i) 4-
COUNTY OF ?NAn ~
~
PARTY OF THE FIRST PART
B~~
_~_~/C
(Name p ed or typed)
~~ ix- F-;n c-
/
-z::. /J The foregoing instrument was acknowle4ged bgore me this~ / day of
Tt:"-I.:J&IJ.I2I/ , 200~, by ,H.<::h<./e....d )(/;iin€7~ t. (name of person
acknowledging).
Signature of Notary Public - State of Florida
/
Personally Known OR Produced Identification
Type of Identification Produced:
Print, T
of No
e
2
Feb.21,2006
Nadine and Jeffrey Franc are the sole owners of738 Southeast Federal ave,
~ ~nomortgage.
~6{/~ ~~~ C.-
---====-
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/
FeL3 2/ .:L(DO t(
,,'~~ri:;;;; ELSA M. PALOMARES
t:r-;K"\~ MY COMMISSION # DD 160365
~,~'s~! EXPIRES: December 2, 2006
~""~iif.;ft-~.' Bonded Thru Notary Public Underwriters
1150 E. ATLANllC BLVD.
POMPANO BEACH
FLORIDA 33060
ACCURATE LAND SURVEYORS, INC.
L.B. #3635
TEL. (954) 782-1441
FAX. (954) 782-1442
LOCATION SKETCH
NOT TO SCALE
o~o~
1. C ~\ <?1. '.
'2>1-~'2>C~
\)~
EXHIBIT -A-
w
SW
NW
s
N
SE
NE
'6' ALLEY
W. UNE OF LOT 20 BLOCK 13
~~~
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L-----------~~~~~~:~:;r---~
1~~0
S.E. 5th AVENUE
GRAPHIC SCALE
1'_10'
4' RIGHT OF WA Y DEDICA TlON:
THE WEST 4.00 FEET OF THE FOLLOWING DESCRIBED PARCEL OF
LAND;
LOT 20. LESS THE EAST 5 FEET THEROF. BLOCK 13 OF OSCEOLA
PARK. ACCORDING TO THE PLAT THEREOF. AS RECORDED IN PLAT
BOOK 3. PAGE 2, OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY. FLORIDA.
RE\1S1ONS
DATE
DATE
02-07-06
DRAWN BY
MLW
CHECKED BY
MLW
BY
FIELD BOOK
FILE
E
CERllFlCA 1l0N:
WE HEREBY CERTIFY lHA T lHE ATTACHED SKETCH Of lHE HEREON
DESCRIBED PROPERTY IS lRUE AND CORRECT TO lHE BEST Of OUR
KNO\\\.EDGE AND BELIEF AS DELINEATED UNDER OUR DIRECTION AND
DOES NOT CONSTITUTE A FIELD SURVEY AS SUCH. I FURlHER CERTIFY
lHA T lHlS SKETCH MEETS lHE MINIMUM TECHNICAl STANDARDS FOR
LAND SURVEYING UNDER RULE 61017-6 FLORIDA ADMINISlRATIVE CODE,
ADOPTED BY lHE FLORIDA BOARD OF LAND SURVEYORS, MAY 1995.
P2~ 52;o.~-o~
ROBERT L. THOMPSON (PRESIDENT)
PROfESSIONAL SURVEYOR AND MAPPER No.J86S - STATE Of FLORIDA
SCALE ,"= 10' ~~~ SU-06-0434
[IT' DF DElRA' IEA[H
DElRAY BEACH
F lOR I [) A
tIaI:II
AII.America City
, 11I1!m
~
100 N.W. 1st AVENUE. DELRAY BEACH, FLORIDA 33444.561/243-7000
MEMORANDUM
David T. Harden, City Manager
19~~ FROM: 2IJRobert A. Barcinski, Assistant City Manager
DATE: March 13,2006
SUBJECT: AGENDA ITEM CITY COMMISSION MEETING
MARCH 21, 2006 APPROVAL SPECIAL EVENT
EASTER SUNRISE SERVICE
ACTION
City Commission is requested to endorse the Easter Sunrise Service to be held on April
16, 2006, to grant a temporary use permit per the LDR's Section 2.3.6(H) for the closure
of South Ocean Boulevard from Atlantic Avenue to Miramar from 6:00 a.m. to 7:30 a.m.,
grant the use of the pavilion, and authorize staff support for traffic control, and
barricading, EMS presence.
BACKEiROUND
Attached is an event permit request and letter received from Reverend William Stokes on
behalf of the Delray Beach Clergy Association along with a site plan, budget, and
schedule for the service. Commission is requested to endorse the Easter Sunrise Service,
to authorize the use of the beach pavilion and closure of South Ocean Boulevard, and to
provide staff support as listed. The service will start at 6:30 a.m. and end approximately
at 7:30 a.m.
No staff overtime costs will be incurred. Police and EMS assistance will be provided
with on-duty personnel. Police officers with the assistance of volunteers will put up and
take down the barricades. Although a minor event, City Commission approval is needed
to obtain an FDOT permit for the closure of South Ocean Boulevard.
RECOMMENDATION
Staff recommends approval of the event, the temporary use permit for the street closure,
use of the pavilion, and provide staff support as requested.
RAB/tas
cc: Joe Weldon
Captain Joe Milenkovic
Fire Inspector Lt. Jim Tabeek
Harold Bellinger
Jim Schmitz
File:u:sweeney/events
Easter Sunrise Service Special Event200tfHE EFFORT ALWAYS MATTERS
@ Printed on Recycled Paper
oD
FROM :ST PAULS EPISCOPAL CHURCH
SIHrinK Cammitt=
(Jf the
DeJr,y 1JfJtIcb Clt:rK)' Aa~ocIlltioD
The Rt'vereod ROil Arflin. (.'/u,pMn
Abbey Delray South
Delra)' Reach
Helen M, A~J\lcy
CJJn:ftilln Scicnre PractJriOTler
Fir~l Church of Christ, Scientist
Delny BlliIch
The Keverend ~l1aron Auslin, p'1.f(f)(
ClIlion Methodi'l CJ\urch
Delruy I3llach
Fred M. Elwnrthy
C."'h,isrillJ1 Science PrsclilioDer
FirKt Church of ChriHt, Scientist
Delruy BelIch
T)le Iolcvcrend Elizabeth L. Hill. ASGOC/,,~
Church of the Palms
United Church of Cllli~t.
Dlllray Reach
The Reverend Philip A. Killle. Ph.D. C./1/1plsin
Hospice of Pillm BelIch (:ounty
The Reverend William Qlljek, Ph.D.
Federation of Christiall MiniKtrit:li
Delray Reach
F:lder Mujur Rollins. P/I,vtor
St. John Primilivc HaptiKI Church
Dclrll y Belich
The keverend William Ii. Slokes. Rec/or
Sl. Pllul Epl.olcopal Church
Delray BCllch
Rahhi Dr. Cbll!m 1. Wender
Temple Sinm
DelTay lkucb
C~\ll!or )elmifer Werby
Temple Sinai
Dt:lnlY BNleh
FAX NO. :5612760304
Feb. 16 2006 03:12PM P2
Febmaty 15. 2006
City of Delray Beach
100 NW First A venue
Delray Beach, FL 33445
Attn: Robert A. Barcinski, Assistant City Manager
Rc: Special Event Easter Sunrise Service
Sunday, Apd116, 2006, from 6:30 8.m. - 7:30 a.m.
Dear Mr. Barcins.ki.:
On behalf of the members of the Delray Beach Clergy Association, I submit the
following informatiun required under Policies and ProcedurclI/Spedal Events.
For many years OUf Association has sponsored the Annual Easter Sunrise Service.
The service has been held at the pavilion on North Ocean Boulevard and Atlantic
A venue. People gather on the sidewalks and the Sl.rcct, as well as on the heach. They
may begin to arrive around 5:30 a.m. The start time of the service is 6:30 un. and
will conclude by 7;30 a.m. It is e.<ltimated that over one thousand people attend lhis
religious historic event.
A collection is invited with the proceeds going to benefit those in need within the
Delray Beach area.
Under ill General Policies, Section T, we submit the following;
Minor Event - Initial. requests must be submitted to the City Manager 01' his designee
at least 45 days prior to the event which, in this year of 2006 falls on Sunday, April
16, 2006.
The pennit(s) and all back up materials will be submitted at least 30 days prior to the
event once they are received.
Site Plan: Pavilion and approximately 50 to 75 feet from the south comer of Atlantic
Avenue 011 North Ocean Boulevard is required for the people, many of whom bring
fheir own chairs, to sit or stand in the street or on the sidewalk.
Parkin, Plan: The people have been parking their vehicles wherever legally
ava.Hahle, including curb parking, and spaces off the street.
Trame Plan: Police barriers would be helpful and (1) a police or other trained
non-sworn personnel presence to direct. traffic off Atlanitc Avenue and NOl1h Ocean
Boulevard a~ well as direct trufflc fol' pedestrian safety.
FROM :ST PAULS EPISCOPAL CHURCH
Stet!ri1Jg Cr>>nmJtr~
oftlJe
Ddn.y lH:8ch CJ~IY A89OCi1ili01l
Thc Revcl'Olld ROil Arl1ill, Chap/ai"
Abbey Delray South
Defray ~eueh
HlllOft M. A~hley
(.'hd'UJI/1 Sci(J1}C8 ITlctiU(Jl/DJ'
Fm-t Churcb of C':llrist, ScjClltist
l>ClrllY BeIleh
'The Revercnd Sharnn Alutin, PA.tr)('
CalCnn Mcthndi.~t Church
Delray Beach
Prod M. Blworthy
Cbri~ti"JI Scienec Pr1IctllinnCl'
f1lrs1 Church of Chrin, Sciantillt
DelrllY Beach
TI1e Reverend Hli7.ahc:th I.. Hill, AKliOCisle
Church ohhe Palms
United Chl1fcb of Christ.
Dclrll y I3euch
The ReveTcnd Philip A. Kiltle. Ph.D. Chap/ain
Hnsflice of Palm Beach CUllnl)'
The Reverend Willil1m Quick, Ph.D.
Federation of L'"hriRtian MiniNtrieI;
f>cII'lIY Reach
Elder ~or RolJi"s, PMnr
St. 10hn Primitive Baptiwt Church
Delray BelIch
The Reverenu William H. Stokes, Rector
51. PUlll Ilpist:llplll CbllTcll
Delray Beuah
Rabbi Dr. Chlllln 1. Wender
Temple Sinai
Delray lleuch
Cantor 1enoifer Worhy
Temple Sinui
Ot!lnty Beach
FAX NO. :5612760304
Feb. 16 2006 03:13PM P3
February 15,2006
City of DeJray Beach
Special Event Easter Sunrise Service
Sunday, April 16, 2006 trom 6:30 a.m. - 7:30 a.m.
Page 2
Maintenance/clean-up Plan: There usually is very little debris following the event.
NOTE: Pavilion: Electric outlet at the pavilion shorts-out, thereby requiring J'epair.
The outlet is necessary for microphones and loud speakers. T ,ocation of the outlet i.s
under the north east corner of the pavilion.
Fee: (C) In as much as we faU under the category of a non~profillcharit.able
organization and the sponsor of this annual historic event, which, for your purposes is
classified as a Minor Event. If con-ect, we believe any costs to the city for a maximum
of two years will be waived. This is our second year of presenting to the city our
proposal based on your requirement".
Should you require further information, please contact me at (561) 276-4541.
Thank you for every consideration.
g
..~
William . Stokes
Rector, St. Paul's Episcopal Church
President, Delray Boach Clergy Association
City of Delray Beach
Special Event Permit
Application
DElRAY BEACH
~
'r
1993
2001
Event Approved/Denied
Approved/Denied by
PLEASE PRINT
Date of Approval/Denial
Title
1.
2.
3.
4.
5.
6.
7.
8.
Event NamelTitle: e- a ~UV1Vt~ rSevvi c.L;
Event Date(s): 5 ria A . Event Time(s):
UK,- j) .f20UCe (?-O()(p 'Ej~(J 7!&.-
9.
Ir-L-r-
(If n ighborhood block party,
question #36)
Sponsor Category: (please check) City D Non-Profit/Charitable ~rivate D
Co- Sponsor - Non-Profit/Private D Chuyd'\€S d: S<jn50:JvJ.-S
(If Non-profit attach proof of 501c(3), c(4), c(6), c(10) or c(19))
Event Location/Address: . .
vnev S. C>
to
10.
.s.()~
. A ft-o:JrG ~~'
12.
Site plan attached:1he.NO M.(
(Site plan required for entire event site)
Event budget attached:
(Required for all events)
Serving or selling alcoholic beverages: yes no ~
(If yes, copy of license and alcohol liability insurance required two (2) weeks prior
to event)
Event certificate of insurance attached: yes tJ I A- no
(Required two (2) weeks prior to event naming the City as additional insured, also
required for vendors)
Playing of amplified music:
(Waiver required)
Requesting Police assistance:
(Traffic control/security)
no
13.
14.
15.
16.
v/
/
no
no
yes
yes
1
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
yes
/
Will supplement with private security:
(If yes, need plan attached)
Requesting Emergency Medical assistance: yes /' c0':.e5t.JttQ......J no
Requesting barricade assistance: yes,/ lM.....~IIAlh1 no
Requesting trash removal/clean up assistance: yes ~~ no ~
Requesting trash boxes and liners: yes no=Z::==
Requesting stage use: yes no~
(If yes, check type)
Large stage covered 0 Large stage no cover 0 Small stage 0 Half small
stage 0
Requesting signage : yes
Type: Event sign (4'x4') Directional signs
Banner hanging Indicate dates required
{Waiver required if more than one (1) week prior to event}
Food and beverage vendors: yes no
If yes, please provide the approximate number, as well as the name,
address, and contact phone number of each vendor which is due no later
than one week prior to the event
no
no
~
~
no
no
no
...../
V
/'
V
Health Department approval: (see attached) yes _
Other vendors: ~ ()...n,~ ~l&+-yes v
lefttg-: ~I,)",,~ ~ co(feL s~( G,M-~e~-L..L-...L
(If yes, tent permits and fire inspections riiayb~cJ)
Will the event include amusement rides? requiring state approval?
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)
~
yes
no
/'
~
33.
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 restroo~
needs) v
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)
/
7
~/
no
no
34.
2
35. Nei hborhood Block Parties Hei hborhood block artiesonl
· Is event sponsored by the Homeowner's Association? yes_ no_
(If not, then individual(s) submitting permit application must also submit a
petition signed by 51% of the homeowners who live on the block)
· Please note the following:1) Approvals will only be given for a one (1)
block area 2) Permit applications must be received in writing by the City
Manager's Office at least thirty (30) days prior to the event. 3)
Consumption or sale of alcohol on City rights-of-way will not be
permitted.4) Structures other than barricades are not allowed in City
rights-of-way.5) Homeowners Association will be required to pay all
overtime costs that may be incurred as a result of City staff involved in the
ev t.
J ' ;20- ()p
Event contract9J/cpordi-,or _ I J, . Date
Pleas~,'print: "J //1 ~ . v/t/rt!'..f A
?/?"Ilg{Irl/ -A/~ ~,4t't "C!t"1~ #~h)CI4~~
Please enclose the appropriate non-refundabfe application fee payable to the City of
Delray Beach, 100 N.W. 1st Avenue, Delray Beach, Florida 33444.
For Staff Use Onl
Date Received
\0
Application fee received $lD'
Site map v::
Budget v
Certificate of insurance
Hold Harmless agreement
Security plan -
Waiver alcoholic beverage
Railroad approval
Coast Guard approval
501 c(3) or (d) certificate or letter
Health Department approval
Fire Inspector approval
Police Department approval
Public Works approval
Parks and Recreation approval
City Commission approval
--
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3
FROM :ST PAULS EPISCOPAL CHURCH
FAX NO. :5612760304
Feb. 16 2006 03:13PM P4
Delray Beach Clergy Association
Easter Sunrise' Service Sunday, April 16, 2006
Event Budget
City Permit
$50.00
Programs
donated by Printing Plus
Sound/Music Equipment
fee rental from Marathon Music
Sound Tech/Set-Up
All Program Participants
$200.00
gratis - churches and organizations
Coffee
Church
complementary - Cason Methodist
Ushering Service
gratis - Boy Scouts and Kiwanis
Van/Equipment Transport
free use from Cason Church parishioner
City Services (Police/Fire/Ambulance) As per city's Special Event Policy
TOTAL KNOWN COSTS
$250.00
Revenue
$5,000
(Collections - Donations)
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kM-h ~ I'" b8Y.. .
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3~IddO S~~VNVH AlI~
66lLCtZl9S YVd ZZ:Ol SOOZ/OZ/lO
FROM :ST PAULS EPISCOPAL CHURCH
Prelude
Call to Worship
Invocation
Welcome
Hymn Medley.1
Scripture Reading
Special Music
Gospel Reading
Special Music
Sermon
FAX NO. :5612760304
EASTER SUNRISE SERVICE
APRIL 16, 2006
6:30 A.M.
. ORDER OF WORSHIP
Offertory Statement and Prayer
Hymn Medley II
Benediction
Feb. 16 2006 03:13PM P5
MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGERt1J1
AGENDA ITEM # SE - REGULAR MEETING OF MARCH 21, 2006
MEMORANDUM OF AGREEMENT (}dOA)/ AREA AGENCY ON AGING
OF PALM BEACH/TREASURE COAST, INC.
TO:
SUBJECT:
DATE:
MARCH 17, 2006
Approve a Memorandum of Agreement (MOA) with the Area Agency on Aging of Palm
Beach/Treasure Coast, Inc. for a three (3) year term for the Senior Immunization Project.
The Senior Immunization Project is a collaborative community partnership, sponsored by the Area
Agency on Aging of Palm Beach/Treasure Coast, Inc., to prevent illness in the senior population in
Palm Beach County. The purpose of the Senior Immunization Project is to reduce mortality and
morbidity among the elderly from vaccine preventable diseases by increasing the number of seniors
aged 60+ who receive influenza, pneumococcal, and tetanus vaccines. The City participated in the
2005 Senior Immunization Project and would like to renew the partnership for another three (3)
years.
Recommend approval of a Memorandum of Agreement (MOA) with the Area Agency on Aging of
Palm Beach/Treasure Coast, Inc. for a three (3) year term for the Senior Immunization Project.
S:\City Clerk\agenda memos\CM Agency on Aging Agmt 032106
f~ ,"
(X:\
aaa
~Vj
~~
:e~r~.~~%:i
Answers onAging. Assistance. Advocacy.
February 22, 2006
EMS Division Chief Robert Moreland
Delray Beach Fire Rescue Department
501 West Atlantic Avenue
Delray Beach, FL 33444
Dear Rob:
On behalf of the seniors in Palm Beach County, we would like to take this opportunity of thanking the
paramedics of the Delray Beach Fire Rescue Department who have participated in the 2005 Senior
Immunization Project. All of us should be extremely proud of our efforts to improve the health of seniors in
Palm Beach County who do not have access to healthcare.
It is now time to renew the partnership between the Area Agency on Aging Palm Beachffreasure Coast, Inc.
and the Delray Beach Fire Rescue Department for another three years commitment to these seniors.
We appreciate your flexibility in scheduling, rescheduling, and finally combining host sites due to forces way
beyond our control, namely Hurricane Wilma and its aftermath. For your edification, we have included a
synopsis of the clinics that were held in Delray Beach during the 2005 Senior Immunization Project
campaign:
Serving Seniors in Palm Beach. Martin . St. Lucie. Indian River. Okeechobee Counties
Palm Beach Office:
1764 N. Congress Avenue. Suite 201
West Palm Beach, Florida 33409
(561) 684-5885. Fax (561) 697-7250
SC 256-7239 . SC Fax 256-7250
DBPUI'MENT OF
Treasure Coast Office:
Orange Blossom Business Center
4160 Okeechobee Road. Suite 55-4
Fort Pierce, FL 34947
(172) 467-0008 . Fax (172) 429-2172
ELDER
AFFAIRS
.........-
Funded in patf by the stBle of Florida Department of Elder Affairs
-- "
..
Date Host Site Influenza Tetanus Pneumonia
Oct 17,2005 Mae V olen Senior 18 6 2
Center Alzheimer
Care Delray Beach
October 18t 2005 The Caring Kitchen 55 18 10
November 7, 2005 Lake Delray 98 11 7
Apartments
November 10, 2005 Mae V olen Senior 39 14 2
Center Alzheimer
Care Delray Beach
November 15,2005 Groves of Delray 25 6 2
Apartments
November 29, 2005 Mt. Olive Church 11 11 1
December 5,2005 St. Paul's Episcopal 101 28 14
Church
Ongoing DBFR homebound 8 0 0
program
Total
355
94
38
Enclosed please find two copies of the Memorandum of Understanding between AAA and the DBFR
department. We would appreciate it very much if you would return an original copy to AAA, attention: Joan De
Vaughn and retain the second copy for your records We look forward to planning and working with you to
improve the health of low-income seniors in the fall of 2006.
If you have any questions or concerns, please do not hesitate to contact either Joan De Vaughn, 561-684-5885
or Anita Hare Goldfeld, 561-236-9629.
Sincerely,
~
Anita Hare Goldfeld
Elder Care Immunization Specialist
~,
aaa
lVJ
~~
:e~r~..?-~~
An.su.oen on Aging. Assistance. Advocacy.
MEMORANDUM OF AGREEMENT
The Senior Immunization Project is a collaborative community partnership, sponsored by the
Area Agency on Aging of Palm Beachffreasure Coast, Inc., to prevent illness in the senior population
in Palm Beach County. The purpose of the Senior Immunization Project is to reduce mortality and
morbidity among the elderly from vaccine preventable diseases by increasing the number of
seniors aged 60+ who receive influenza, pneumococcal, and tetanus vaccines.
This Memorandum of Agreement, dated 2006, is between Area Agency on Aging
of Palm Beachffreasure Coast, Inc. (hereinafter referred to as Agency on Aging) and the City of Delray
Beach, (hereinafter referred to as City).
In consideration of the mutual promises and covenants herein contained, the parties agree as follows:
Term
This Memorandum of Agreement shall be for the period of July 1, 2006 through March 1, 2009.
Services:
1. The City agrees to provide influenza, pneumococcal, and tetanus vaccinations to individuals, who present at
the host sites approved by the Senior Immunization Advisory Committee site selection team that are within
the City's service boundaries. The number of total vaccinations will be based upon mutual agreement with the
EMS Chief and the Agency on Aging, as well as vaccine availability. The Agency on Aging will notify the
City at least four to six weeks in advance of the date, time and location of each site. The immuni7.aUOns will
be given each year starting between October 1 st and October 15th.
2. The City will provide copies to Agency on Aging of the Client Registration Form, with all personal
identifiers removed, on the 15th of each month that immunization are provided, beginning November 15th.
3.The City will pick up vaccinations from the Health Care District (HCD) Pharmacy distribution center in West
Palm Beach, (at no cost to the City) and store any unused vaccine as recommended by the manufacturer.
4.The City will keep a record of the number of dosages checked out each day and the number of dosages used
at each site. This information will be provided to Agency on Aging on the 15th of each month beginning
November 15th.
Serving Seniors in Palm Beach . Martin . St. Lucie. Indian River. Okeechobee Counties
Palm Beach Office:
1764 N. Congress Avenue. Suite 201
West Palm Beach, Florida 33409
(561) 684-5885. Fax (561) 697-7250
SC 256-7239 . SC Fax 256-7250
DUAKI'JOHTOP
Treasure Coast Office:
Orange Blossom Business Center
4160 Okeechobee Road. Suite 55-4
Fort Pierce, FL 34947
(172) 467-0008. Fax (172) 429-2172
ELDER
AFFAIRS
...........-
Funded in patf by the State of Florida Department of Elder Affairs
,
.
Senior Immunization Project
Memorandum of Agreement
Page 2 of3
Compensation
1. A total of $1 00.00 for stipends to Fire Rescue personnel for influenza immunization training
which covers the training up to 10 personnel, based on approval of the Agency on Aging.
2. $200.00 stipend for supplies.
3. Upon execution of the initial Memorandum of Agreement, the Agency on Aging will provide funding
for two coolers with ice packs and thermometers to the City. Cooler will be used in transporting
vaccinations to the host sites. The coolers will become the exclusive property of the City upon
termination of this Memorandum of Agreement, or otherwise, returned to HCD Pharmacy.
4. The City will be issued a check in an amount to be determined by the number of personnel
trained, within thirty days of the execution of this Memorandum of Agreement
TerminationlExtension
This Memorandum of Agreement is subject to termination, prior to its expiration, upon
either party delivering to the other party written notice of intention to terminate this
Memorandum of Agreement, which will become effective immediately thereafter, or, later
upon written mutual agreement of the parties. This Memorandum of Agreement may
be extended beyond the initial period upon written mutual agreement of the parties.
This agreement is further subject to availability of funding to support the project.
Governing Law
This Memorandum of Agreement will be interpreted and construed in accordance with and
governed and enforced by the laws of the State of Florida.
Whole Memorandum of Agreement
This Memorandum of Agreement constitutes the sole and exclusive understanding and
agreement between the parties with respect to the subject matter hereof, and shall not be
modified except in writing by the parties.
Senior Immunization Project
Memorandum of Agreement
Page 3 of3
In Witness thereof, the parties have executed this Memorandum of Agreement.
Signed by:
~ -r;1. D 3!rJ ~(,
City of Delray Beach ~~ ~ Area Agency on Aging of Date
City Manager Palm Beach Treasure Coast, Inc.
Jaime Estremera-Fitzgerald,
Chief Operating Officer
City of Delray Beach Date
City Clerk
J~P0wriJm ~hlOfR
City of Delray Beach ~
M6t. City Attorney
DA
,
[ITY DF DElRAY IEA[H
CITY ATTORNEY'S OFFICE
~\JI) 0:\V hI AVENl'!e.' DELR.AY BEACH, FLORIDA 33444
lLL.LPHONE: :)6]!~'-i-; ;()()O. FACSIMILE: 5611278-4755
Writer's Direct Line: 561/243-7091
DELRAY BEACH
F lOR IDA
t&8.I:II
All-America City
, 1111 ! DATE
TO'
1993 .
MEMORANDUM
March 16, 2006
City Commission
2001
FROM:
Susan A. Ruby, City Attorney
SUBJECT: Auburn Trace - Addendum NO.3 to Contract for Sale and Purchase
and Cross Easement AQreement
Addendum
1. The Addendum provides that the Seller shall be given an extension to
close on the property no later than April 30, 2006 in exchange for giving the
City and the School District a Cross Easement for the use of a portion of
the site for drainage.
2. At closing, the City shall execute a subordination agreement and the Seller
will pay to the City $356,515.84 which will be in full payment of one of the
notes.
3. The City further consents to the sale of a limited partnership interest to Mr.
Hinners.
The Cross Easement AQreement
1. The Cross Easement Agreement gives the School District, Auburn Trace
and the City (subsequently Headstart) the ability to use the drainage
facilities on the land. The volumes are being determined.
2. The School Board will construct the drainage facilities on the site and
replace any facilities if needed for Auburn Trace Drainage including
irrigation facilities and equipment on the site.
~~.
,
3. Auburn Trace will be able to use the drainage and irrigation facilities to the
extent it currently uses its drainage and irrigation facilities.
4. Thereafter, the City will maintain the drainage system on its property and
the School District will maintain the facilities on its lands.
I am hoping to receive finalized agreements as to volumes and other particulars
for your meeting on Tuesday. I do not expect the essential terms of the
agreement, as outlined above, to change.
Please place this memorandum on the City Commission agenda for March 21,
2006 and the agreements themselves will be distributed when all terms are
c~.(?
S~
Cc: David Harden, City Manager,
Doug Smith, Assistant City Manager
Chevelle Nubin, City Clerk
Steve Rubin, Esq.
o/:
P11
TO:
DAV~T. HA EN, ITY MANAGER
y~ '
PAUL DORLlNG, DIR OR OF PLANNING & ZONING
THRU:
FROM:
SUBJECT:
SCOTT ARONSON, PARKING MANAGEMENT SPECIALIST
MEETING OF MARCH 21, 2006 - CONSENT AGENDA
APPROVE A REQUEST FROM SANDOWAY NATURE CENTER TO
RESERVE PARKING SPACES IN THE SANDOWAY PARKING LOT
TO ACCOMMODATE THEIR FOURTH ANNUAL EARTH DAY EVENT
The Sandoway Nature Center will be holding their annual Earth Day Event on
Saturday, April 8, 2006 between the hours of 10:00 AM and 2:00 PM. This year's
attendance for the event is anticipated to be approximately 300 people.
The event itinerary (see attached) includes a beach cleanup, a live animal display
from the Busch Wildlife Sanctuary, Coral Reef Pool Shark Feeding and live
entertainment between 10:00 AM and 2:00 PM as well as other programs throughout
the day.
The request is to reserve the south half of the Sandoway Parking Lot to
accommodate parking for visitors. Similar requests have been supported by the City
Commission in past years.
Staff recommends approval of the applicant's request. Additionally, to avoid
confusion and possible ticketing of event goers using other parking spaces in the lot
staff recommends waiving parking fees for the entire lot for the day.
The Parking Management Advisory Board, at its meeting of February 28, 2006,
recommended approval of the applicant's request.
By motion, approve the request from Sandoway Nature Center to reserve the south
half of the Sandoway Parking Lot and waiving all meter fees in the balance of the
parking lot on Saturday, April 8, 2006 to accommodate the Fourth Annual Earth Day
event.
Attachments:
· Request
· Itinerary
~<3
FROM : SANDOWAY
PHONE NO. : 561 274 9826
Mar. 03 2006 03:19PM P2
C~kbrattt 4
Sartd@)waq'g 2tth elf-rtrtual
. , Earth Baq ..
r-";)'[;':~ in Delray Beach
'--
.... .
~~~~;~:"
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. ... .....t..~..,1I;
-.:-:,~~;~-i., ~~
~~nl
Saturday I April 8
Visit the Nature Center
FREE from
10 am - 2 pm
142 S. Ocean B/vd. just. a block anc:l a half south of Alt/antic Ave. on A 1 A
EY~ltt8/~r Earth Balj
~
'Beach Clean-Up - free t-shirts for those who participate
See reverse side to find out how you can helpl
Live entertainment and prizes with 'RADIO D/SNE:.Y
Live Animals with Special Ouests Busch Wildlife Sanctuary
Sea Turtle Fun with Palm Beach County
Recycled Art Contest, Scavenger Hunts, Nature Crafts, Butterfly
Gardening and so much more..
4
Join Sando way and the City of Velray Beach for a day of family fun, free food
and gifts courtesy of Office Depot in celebration of earth Day!
Call 5' 1-274--7263!
FROM SRNDOWRY
PHONE NO.
561 274 9826
Mar. 03 2006 03:18PM P1
The Friends of Sando way House Nature Center, Inc.
A NON-PROflT OtlGANIZATION
DEDICATED TO SUPPORnNG A NATURE
Cl:NrfR IN A HtsTORtC BEACHFRONT
SETTINC SINCE 1993
President
frcto M.arincola
YJCe-President
Dr. Andr~ l<atz
Sea'etary
Elaine Monis
Treasurer
Carolyn H.R.. Patton
Board of Directors
Paul Gale
Jack Hanis
Ann Hellakka
Mary Higgins
Jean Irwin
Michael Kravit
Anne Marie Kft;icarek
Elizobe1h tevine
Dr. J. scott Mc:Owen
JoAnn Peart
ROD. Jeff Perlman
Alkdc1 Riley
Joyw Slominski
~ne Templeton
Usa 11emcln
William S. weisman. Esq.
Executive Oired:or
N.icole Householder
SANDOWAY HOUSE
NAWRE CEHlEtl
142 South OOlan Blvd.
Delray Beach, Florida
33-48~
P: (S(1) 274-SAND
F: (SCSi) 274-9826
~beIl&outh.net
www..$Ondowayhouse..com
To: ScOtt (Parking for Earth Day at Sandoway House)
Please find attached a flyer for our 4th Annual Earth Day Event. We
project 300 visitors for this day Saturday, April 8 from 10 am - 2 pm.
We would like to request the southsidc of the Sandoway Lot reserved
for our visitors with barricades to park free for our event. Thank you
for consideration of this mat1:et.
Please contact Nicole Householder, Executive Director with any
questions.
P: 561-274-7263
MEMORANDUM
TO:
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER UJ1I\.
AGENDA ITEM # ~\\ - REGULAR MEETING OF MARCH 21. 2006
FLORIDA INLAND NAVIGATION DISTRICT (F.I.N.D.)/RESOLUTION
FOR ASSISTANCE
SUBJECT:
DATE:
MARCH 17, 2006
Approve and adopt a Resolution for Assistance from the Florida Inland Navigation District
(F.I.N.D.) for the application of a grant for funding for the F.I.N.D. Park on the Intracoastal
Waterway.
The estimated cost of the project is $2,376,840.00 and the City is requesting a grant in the amount of
50% or $1,188,420.00.
Recommend approval and adoption of a Resolution for Assistance from the Florida Inland
Navigation District (F.I.N.D.) for the application of a grant for funding for the F.I.N.D. Park on the
Intracoastal Waterway.
S:\City Clerk\agenda memos\CM FIND Res 032106
[ITY DF DELRAY BEA[H
DELRAY BEACH
f I () I< I Il A
---
All-America City
, III I!
100 N.W. 1st AVENUE
DELRAY BEACH. FLORIDA 33444 . 561/243-7000
1993
2001
MEMORANDUM
TO:
David Harden, City Manager
FROM:
Joe Weldon, Director of Parks and Recreation
SUBJECT: Resolution for Assistance - F.I.N.D. Park
DATE:
March 13, 2006
Attached please find a Resolution for Assistance from the Florida Inland
Navigation District for the application of a grant to assist in the
funding of our F.I.N.D. Park on the Intracoastal Waterway. The estimated
cost of the project is $2,376,840 and we are requesting a grant in the
amount of 50% or $1,188,420.
Please place this on the March 21, 2006 agenda for City Commission
consideration.
u~.
Weldon
ector of Parks and Recreation
Attachment
cc: Carolanne Kucmerowski, Agenda Coordinator
Ref:findres
@ Pnnted on Recycled Paper
THE EFFORT ALWAYS MATTERS
ATTACHMENT E-6
RESOLUTION FOR ASSISTANCE
UNDER THE FLORIDA INLAND NAVIGATION DISTRICT
WATERWAYS ASSISTANCE PROGRAM
WHEREAS, THE City of Delray Beach is interested in carrying out the
(Name of Agency)
following described project for the enjoyment of the citizenry of Delray Beach
and the State of Florida:
Project Title
F.I.N.D. Park
Total Estimated Cost $ 2,376, 840
Brief Description of Project: In March of 2000, the City leased 4.3 acres from
the Florida Inland Navigation District for the development of a park. The
park will include two (2) boat ramps, staging docks, rest rooms, site
perimeter wall, fencing, site lighting, landscaping and irrigation.
AND, Florida Inland Navigation District financial assistance is required for the program
mentioned above,
NOW THEREFORE, be it resolved by the
City of Delray Beach
(Name of Agency)
that the project described above be authorized,
AND, be it further resolved that said
City of Delray Beach
(Name of Agency)
make application to the Florida Inland Navigation District in the amount of 50
% ofthe
AND, be it further resolved by the
City of Delray Beach
(Name of Agency)
City of Delray Beach
(Name of Agency)
actual cost of the project in behalf of said
that it certifies to the following:
1. That it will accept the terms and conditions set forth in FIND Rule 66B-2
F .A.C. and which will be a part of the Project Agreement for any assistance awarded under
the attached proposal.
2. That it is in complete accord with the attached proposal and that it will carry out
the Program in the manner described in the proposal and any plans and specifications attached
thereto unless prior approval for any change has been received from the District.
Form No. 90-21 (Effective date 12-17-90, Rev. 10-14-92)
(1)
3. That it has the ability and intention to finance its share of the cost of the project
and that the project will be operated and maintained at the expense of said
City of Delray Beach
(Name of Agency)
for public use.
4. That it will not discriminate against any person on the basis of race, color or
national origin in the use of any property or facility acquired or developed pursuant to this
proposal, and shall comply with the terms and intent of the Title VI of the Civil Rights Act of
1964, P. L. 88-352 (1964) and design and construct all facilities to comply fully with statutes
relating to accessibility by handicapped persons as well as other federal, state and local
laws, rules and requirements.
5. That it will maintain adequate financial records on the proposed project to
substantiate claims for reimbursement.
6. That it will make available to FIND if requested, a post-audit of expenses
incurred on the project prior to, or in conjunction with, request for the final 10% ofthe
funding agreed to by FIND.
This is to certify that the foregoing is a true and correct copy of a resolution duly and
legally adopted by the
at a legal meeting
held on this
day of
20
Attest
Signature
Title
Title
Fonn No. 90-21 (Effective date 12-17-90, Rev. 10-14-92)
(2)
MAR-g-2006 14:44 FROM:CURRIE SOWARDS AGUIL 561-243-8184
TO: 2437268
P.l
CURRIE - SOWARDS - AGUILA - ARCHITECTS
Architecte; Plannere; & Interior Dee;ignere - AA 0002271
154 NE 1&t Avenue. Delray Beach. Florida 33444-
Phone: (561) 276-4951 Fax: (561) 243-ele4 emall: r~cp@culTiearc.com
FACSIMILE
To: Joe Weldon
Company: Delrav Parks Oept
Re: FIND
Date: 3/9/2006
From: Jose Atluila
Fax No: 243-7268
Job No: 021002
# of page5 - including thi5 cover: g
Commentfi: Here ifi the updated opinion of COfit bafied on the planfi we had in late 2004. I did
add the 50uth property wall and the day dock a5 re~uested.
I think now may be a ~ood time to review this again with the current document5 we have.
Let me know Ifvou need anvthin~ el5e.
Copy:
~A~-9-2006 14:44 FROM:CURRIE SOWARDS AGUIL 561-243-8184
TO: 2437268
P.2
OPINION OF PROBABLE CONSTRUCTION COST
INTRACOASTAL (FIND) PARK
CURRIE SOWARDS AGUILA ARCHITECTS
Updated January 2005
No. DESCRIPnON AMOUNT REMARKS
1 Mobilization & MOT 35,000 Assumes sinale mobilization
2 Site Clearinl1 & Grubbing 15,000
3 Fill 68,000 Site will require fill for desh::!n wades
4 Embankment 25,000
5 Drainaae system 110,000 Provides for on-site trench drain system
6 Retainina Wall 36,000
7 Roadway & Pavina 175 000 Includes stODS & stripina
8 Utilities 70,000 Water & sanitary to US1
9 Seawall Repair 65,000 Allowance
10 Boat Ramos 185,000 Assumes two slips
11 Restroom Building 85.000 One each per ADA
12 Site perimeter wall 55,000 As per current desian.
13 Chain link fence 18000 Remainder of site
14 Site Lighting 46,000
15 Site Accessories 4000
16 Landscape and Irrigation 65,000 Allowance
17 South Property line wall 135,000 Estimated at 750 LF x $175/ft
18 Day Dock 20,000 5' wide x 55' long
19 Sub- Total 1 1,212,000
20 Mitigation 350,000 Estimate, see note below
21 Sub-Total 2 1,562,000
22 General Conditions 156,200
23 Sub-Total 3 1.718,200
24- OHD & Profit 343,640
25 Sub-Total" 2.061.840
26 Contlnaencv 175,000
27 Professional fees 140,000
28 Project Total $2.376.840
Notes:
1 . These costs represents the architects best opinion of probable construction costs and where
prepared without the benefit of bid, based on preliminary site plan drawings.
2. Mitigation costs will be determined after fuB agency review. and once impact to existing area is
determined, costs can be formalized.
3. The City Is encouraged to obtain a detaled cost estimate prepared by a certified cost estimator
once the documents are better defined.
Date: March 13, 2006
AGENDA ITEM NUMBER: ~\\
AGENI>A REQUEST
Request to be placed on:
_Consent Agenda ~Regular Agenda _Workshop Agenda _Special Agenda
When: March 21, 2006
Description of Agenda Item (who, what, where, how much): Request approval
of, and signature on, a Resolution for Assistance from the Florida Inland
Navigation District for application of a grant to assist in the funding of our.
F.I.N.D. Park on the Intracoastal Waterway in the amount of 50% or $1,188,420.
City Attorney Revi
~
Department Head
Signature:
econunendation (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: 4
Hold Until:
Agenda Coordinator Review:
Received:
MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER tJ7'l'1
AGENDA ITEM # ~I - REGULAR MEETING OF MARCH 21. 2006
INTERLOCAL AGREEMENT/SCHOOL BOARD OF PALM BEACH
COUNTY / ATLANTIC HIGH SCHOOL
TO:
SUBJECT:
DATE:
MARCH 17, 2006
Approve an Interlocal Agreement with the School Board of Palm Beach County to allow the School
Board the use of the athletic fields next to the new Atlantic High School and the City the use of the
gymnasium at the old Atlantic High School site.
The agreement provides that the School Board will use the athletic fields, constructed by the City,
next to the new Adantic High School; and the City will use the gymnasium at the old Atlantic High
School site. The agreement becomes effective upon the approval of both parties and shall continue to
renew automatically on an annual basis until December 31, 2010.
Funding is available from 001-4121-572-46.90 (General Fund/Other Repair/Maintenance Costs).
Recommend approval of an Interlocal Agreement with the School Board of Palm Beach County to
allow the School Board the use of the athletic fields next to the new Atlantic High School and the City
the use of the gymnasium at the old Atlantic High School site.
S:\City Clerk\agenda memos\lnterlocal PBC Atlantic HS 032106
[ITY DF DELRAY BEA[H
DElRAY BEACH
r l 0 k I [) A
tIa:I:II
All-America City
, III I!
100 N.W. 1st AVENUE
DELRAY BEACH. FLORIDA 33444 . 561/243-7000
1993
2001
MEMORANDUM
TO:
David Harden
City Manager
FROM:
Joe Weldon
Director of Parks and Recreation
SUBJECT: Agreement with School Board for Use of
Athletic Fields and Gymnasium
DATE:
March 15, 2006
Enclosed are three (3) original partially executed agreements for the
joint use of facilities between the City of Delray Beach and the School
Board. Specifically, this refers to the School Board using the athletic
fields constructed by the City next to the new Atlantic High School and
the City using the gymnasium at the old Atlantic High School site. The
Agreement becomes effective upon the approval of both parties and shall
continue to renew automatically on an annual basis until December 31,
2010.
The School Board shall use the athletic fields from August 1st through
November 30th from 3: 00 PM to 6: 00 PM Monday through Saturday for
football, band and Eaglette practices; from November 1st through February
28th from 3:00 PM to 6:00 PM Monday through Saturday for soccer practice;
and May 1st through November 30th from 3: 00 PM to 6: 00 PM Monday through
Saturday for spring football practice. The School Board shall pay for
the maintenance of the fields at a cost not to exceed $10,000 per year.
* PonIed on Recycled Paper
THE EFFORT ALWAYS MATTERS
"
.'
2
The City shall use the gymnasium from 6:00 PM to 10:00 PM Monday through
Friday and 10:00 AM to 2:00 PM on Saturday for youth and adult
basketball. The City will pay $500 per year in utility fees and $1,000
per year toward the refinishing of the basketball courts.
Both parties agree to be responsible for cleanup, vandalism, and adequate
supervision.
Please place this on the March 21, 2006 agenda for City Commission
consideration.
~
Parks and Recreation
cc: Carolanne Kucmerowski
Agenda Coordinator
Enclosures
JW:cp
Ref:jtuseahs
rL t -.3 II /06
February 2006
INTERLOCAL AGREEMENT BETWEEN THE SCHOOL BOARD
OF PALM BEACH COUNTY AND THE CITY OF DELRA Y BEACH
THIS AGREEMENT, entered into this _ day of
.2006,
between the SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA, a corporate
body politic pursuant to the Constitution of the State of Florida, (hereinafter referred to
as "SCHOOL BOARD") and the CITY OF DELRA Y BEACH, a Florida municipal
corporation, (hereinafter referred to as "CITY").
WIT N E SSE T H:
WHEREAS, it is the intent of the SCHOOL BOARD and the CITY to encourage
and ensure cooperation between and among the local governmental entities to provide
for the coordination of development activities of units of local government; and
WHEREAS, the SCHOOL BOARD is the controlling body of the Public Schools
of Palm Beach County, Florida, and owns and operates schools in the City of Delray
Beach; and
WHEREAS, the SCHOOL BOARD and the CITY recognize the needs, on
occasion, to utilize the facilities of the other, thereby minimizing the duplication of
facilities; and
WHEREAS, the CITY under its powers, desires that is residents have reasonable
use of certain parts of the school facilities when not in use for educational or program
purposes established by the SCHOOL BOARD; and
WHEREAS, the SCHOOL BOARD desires that its students have reasonable use
of certain parts of the CITY'S facilities when not in use; and
L:\Planning\Public\INTERGOV\Schools\High Schools\Atlantic\copy lnterlocal Agt with School
District for Use of Temple Sinai Facilities.doc
WHEREAS, the SCHOOL BOARD owns and operates the gymnasium located at
2501 Seacrest Avenue, Delray Beach, Florida. The Seacrest Avenue Facilities shall be
hereinafter referred to as "Facilities"; and
WHEREAS, CITY shall utilize for basketball practices and games the Facilities;
and
WHEREAS, the CITY will contribute up to $1,000 per year for normal wear and
tear of the Facilities; and
WHEREAS, the SCHOOL BOARD shall have the exclusive .use of the practice
field facilities at the City Fields located at 2475 West Atlantic Avenue, Delray Beach,
Florida. The City Field facilities shall be hereinafter referred to as Fields; and
WHEREAS, the CITY will own and operate the Fields; and
WHEREAS, the SCHOOL BOARD will pay for 100% of the maintenance costs of
the Fields, with such maintenance to be performed by the CITY or the CITY'S
designee.
NOW, THEREFORE, In consideration of the promises contained herein, the
parties agree as follows:
I. GENERAL PROVISIONS
A. The above recitals are true and correct and are incorporated herein by
reference.
8. The SCHOOL BOARD agrees to make the Facilities available on the
following priority basis: (1) SCHOOL BOARD activities and programs; (2)
County activities and programs pursuant to the Interlocal Agreement
2
entered into by the School Board and Palm Beach County dated October
15, 2003; and (3) City of Delray Beach Monday through Friday from 6:00
p.m. to 10:00 p.m. and on Saturdays from 10:00 a.m. to 2:00 p.m. for
community use (youth and adult basketball) unless the CITY has
tournament scheduled at a time other than the times specified herein, in
which case the CITY shall provide ten (10) days advance notice to the
SCHOOL BOARD.
C. The CITY agrees to make the Fields available - for the SCHOOL
...
BOARD'S exclusive use as follows: August 1, 2006 through November
30,2010 from 3 p.m. to 6 p.m. Monday through Saturday, the Fields shall
be available for football, band and Eaglettes practice; from November 1,
2005 through February 28, 2010 from 3 p.m. to 6 p.m., the Fields shall be
available for soccer practice; and from May 1, 2006 through November 30,
2010, from 3 p.m. to 6 p.m. the Fields shall be available for spring
football.
II. OWNERSHIP
The Facilities shall remain in the ownership of the SCHOOL BOARD; and
subject to all terms and conditions imposed thereby. The Fields shall remain in
the ownership of the CITY; and subject to all terms and conditions imposed
thereby; provided however. nothinQ contained herein is deemed a modification of
the previous aQreements between the parties as to the purchase bv the City of
3
certain lands on the site referred to as the Facility or the land located on the
west side of Seacrest Avenue.
III. USE OF PROPERTIES
A. Use of Facilities - The SCHOOL BOARD agrees to permit the CITY in
accordance with the prescribed procedure and conditions set forth herein,'
and without prior approval to utilize the Facilities for basketball practices
and games. the City will pay the School Board $500.00 per year for
utilities payable on the effective date hereof and - each sub~equent
anniversary.
Use of Practice Fields - The CITY agrees to permit the SCHOOL
BOARD in accordance with the prescribed procedures and conditions set
forth herein, and without prior approval to utilize its practice Fields. Each
party shall be responsible for utility costs associated herewith.
8. Notice - The CITY and the SCHOOL BOARD agree to provide adequate
notice regarding the use of the Facilities and Fields, if the schedule
deviates from the times of use provided in this agreement. Notice may be
in the form of a schedule of activities; memorandum or other written form,
outlining the date, time and facility needed. Adequate notice is deemed to
be ten (10) days prior to the date needed.
C. Adequate Supervision - Both parties agree to provide adequate
supervision at all times, taking into consideration the type of activities
planned when using the Facilities/Fields.
4
D. Manner of Use; Cleanup - The CITY and the SCHOOL BOARD agree to
utilize the Facilities/Fields in the manner, and to the extent and degree
intended for the particular Facilities/Fields and further agree to leave the
Facilities/Fields in a clean and orderly condition upon leaving the
Facilities/Fields.
E. Vandalism to Facilities/Fields When in Use Pursuant to this
Agreement - The CITY agrees to be responsible for vandalism occurring
to the Facilities during the periods the Facilities are "used by the CITY.
'.
The SCHOOL BOARD agrees to be responsible for vandalism occurring
to the Fields during the periods the Fields are used by the SCHOOL
BOARD. The SCHOOL BOARD shall cause such repairs to be made as
necessary to correct the damage to the Facilities and submit an itemized
invoice to the CITY for damages incurred during the CITY'S use of the
Facilities and the CITY shall cause such repairs to be made to the Fields
for damages incurred during the SCHOOL BOARD'S use of the Fields.
All damages shall be paid within ninety (90) days of receipt of the invoice
for the damages.
IV. MAINTENANCE
The CITY will contribute costs up to one thousand dollars ($1,000) per calendar
year upon completion of refinishing of the basketball courts at the Facilities by
the SCHOOL BOARD. The SCHOOL BOARD will assume 100% of costs of
maintenance in an amount not to exceed $10,000.00 per calendar year for the
5
Fields, with such maintenance to be performed by the CITY or the CITY'S
designee payable on the effective date hereof and each subsequent anniversary.
V. SITE SECURITY
The SCHOOL BOARD will be responsible for securing the Facilities and Fields
on a daily basis by securing all locks and gates.
VI. CITY LIABILITY
The CITY recognizes its liability for certain tortious acts of its agents, officers,
employees and invitees to the extent and limit provided in Chapter 768.28,
"
Florida Statutes, for the period of time the CITY is using the Facilities, provided
however, that this provision shall not be construed as a waiver of any right or
defense which the CITY may possess, and it reserves all such rights against any
and all claims that may be brought against it under this Agreement
VII. BOARD LIABILITY
The BOARD recognizes its liability for certain tortious acts of its agents, officers,
employees and invitees to the extent and limit provided in Chapter 768.28,
Florida Statutes, for the period of time the BOARD is using the Fields, provided,
however, that this provision shall not be construed as a waiver of any right or
defense which the SCHOOL BOARD may possess, and it reserves all such
rights against any and all claims that may be brought against it under this
Agreement.
6
VIII. MODIFICATION
Any modifications to this Agreement shall be in writing and approved by the
parties' respective governing bodies.
IX. TERM
This Agreement shall become effective upon approval of both parties, and shall
continue to renew automatically on a yearly basis until December 31, 2010,
unless one party gives notice of intent not to renew in writing at least thirty (30)
days in advance.
A. All notices herein required, permitted to be given to or served upon either
party shall be in writing. Any such notice shall be deemed sufficiently
given or served, if served personally, sent certified mail by the United
States Mail, or by any nationally recognized overnight carrier or fax with
receipt confirmation to the SCHOOL BOARD or the CITY at the
addresses set forth as follows:
As to the School Board: SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA
Office of General Counsel
3318 Forest Hill Boulevard
West Palm Beach, Florida 33406-5813
With Copies to: Kevin Logan, Athletic Director
Atlantic High School
2455 W. Atlantic Avenue
Delray Beach, FL 33445
As to the City: CITY OF DELRA Y BEACH
Susan A. Ruby, City Attorney
200 N.W. 1st Avenue
Delray Beach, Florida 33444
7
With Copies to:
Joseph Weldon, Director of Parks and Recreation
City of Delray Beach
50 N.W. 1st Avenue
Delray Beach, Florida 33444
David Harden, City Manager
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
B. If any term or provision of this Agreement shall, to any extent, be deemed
invalid or unenforceable, the remainder of this Agreement shall be valid
and shall be enforced to the fullest extent of the law.
C. This Agreement together with any addendum(s) that may now or in the
future be attached and become a part of this Agreement set forth all
covenants, promises, agreements, conditions and understanding between
the parties hereto. There are no covenants, promises, agreements,
conditions and understandings, either oral or written, between the parties
other than those herein set forth. Except as herein provided, no
subsequent alteration, changes, or additions, shall be binding the parties,
unless and until reduced to writing and signed by both parties.
D. This Agreement shall be construed in accordance with the laws of the
State of Florida.
E. This Agreement shall not be construed against the party who drafted the
same as both parties have had experts of their choosing review the
adequacy of the same.
8
F. Should any litigation arise under this Agreement venue shall lie in Palm
Beach County, Florida.
G. This Agreement is made solely and specifically among and for the benefit
of the parties hereto, and no other person shall have any rights, interest,
or claims hereunder or be entitled to any benefits under or on account of
this Agreement as a third party beneficiary or otherwise.
IN WITNESS WHEREOF, this Agreement has been executed by the parties
herein on the day and year first above written.
SCHOOL BOARD OF PALM BEACH
COUN A
~
-
Approved for Form
and Legal Sufficiency:
~~ ~ 2((/d(.
School Board Attorney
STATE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY that on this date before me, an officer duly authorized in the
State and County aforesaid to take acknowledgements personally appeared THOMAS
E. LYNCH and ARTHUR C. JOHNSON, Chairman and Superintendent, respectively, of
the SCHOOL BOARD OF PALM BEACH COUNTY, Florida, and they acknowledged
before me that they executed the foregoing instrument as said officers and that they
9
also affixed thereto the official seal of the SCHOOL BOARD OF PALM BEACH
COUNTY.
SWORN TO and subscribed before me this _ day of
2006.
Notary Public - State of Florida
ATTEST:
CITY OF DELRA Y BEACH, FLORIDA
. Chevelle Nubin, City Clerk
Jeff Perlman, Mayor
Approved for Form and
Legal Sufficiency:
City Attorney
STATE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY that on this date before me, an officer duly authorized in the
State and County aforesaid to take acknowledgements personally appeared JEFF
PERLMAN as Mayor, and CHEVELLE NUBIN, as City Clerk of the CITY OF DELRA Y
BEACH, Florida, and they acknowledged before me that they executed the foregoing
instrument as said officers and that they also affixed thereto the official seal of the CITY
OF DELRA Y BEACH.
SWORN TO and subscribed before me this _ day of
2006.
Notary Public - State of Florida
10
Date: March 15, 2006
AGENDA ITEM NUMBER:
8-:c
AGENDA REQUEST
Request to be placed on:
_Consent Agenda ~Regular Agenda _Workshop Agenda _Special Agenda
When: March 21, 2006
Description of Agenda Item (who, what, where, how much): Request approval
of, and Mayor's signature on, three partially executed agreements for the joint
use of facilities between the City of Delray Beach and the School Board. The.
School Board will use the athletic fields next to the new Atlantic High School
and the City will use the gymnasium at the old Atlantic High School site. This
will renew automatically until December 31, 2010.
City Attorney Re . wlRecornmendation (if applicable):
Department Head
Signature:
Budget Director Review (required on all items involving expenditure of funds):
Funding AVailable@/No Initials: (;tt
Account Number 001- '-1/2,1 -02 . Lj h' 7 ()
Description D#x~r Uj)tJ()r! rJia.fl1k./I-(J/L. eJt (16 sf r
~
Account Balance: 12J 7 Z,(l tf 0
Funding Alternatives:
(if applicable)
City Manager Review:
Approved for Agenda: @I No InitialS:--9--
Hold Until:
Agenda Coordinator Review:
Received:
MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
\
TO:
SUBJECT:
AGENDA ITEM # <6' cT" - REGULAR MEETING OF MARCH 21, 2006
SERVICE AUTHORIZATION NO. 11.1/CH2M HILL. INC.
DATE:
MARCH 17, 2006
This is before the Commission to approve Service Authorization No. 11.1 to CH2M Hill, Inc. in the
amount of $13,600.00 for preparation of a Florida Department of Environmental Protection (FDEP)
construction permit renewal package and follow-up responses for permit acquisition for the
Rehabilitation of the City's Aquifer Storage & Recovery (ASR) Well Project.
The FDEP was notified of the City's intent to begin cycle testing to re-establish the operational
capacities and storage volume of the ASR Well. FDEP advised the City that the construction permit
for the rehabilitation project had expired and must be renewed prior to proceeding with the requisite
cycle testing.
Funding is available from 442-5178-536-31.30 (Water/Sewer Renewal & Replacement Fund/
Engineering/ Architect).
Recommend approval of Service Authorization No. 11.1 to CH2M Hill, Inc. in the amount of
$13,600.00 for preparation of a Florida Department of Environmental Protection (FDEP)
construction permit renewal package and follow-up responses for permit acquisition for the
Rehabilitation of the City's Aquifer Storage & Recovery (ASR) Well Project.
S:\City Clerk\agenda cover memos\SA 11.1 Ch2M Hill ASR WeD 032106
City Of Delray Beach
Department of Environmental Services
M E M 0 RAN
D
u
M
www.mydelraybeach.com
FROM:
David T. Harden, City Manager
Richard C. Hasko, P .E., Environmental Services Director ~
TO:
SUBJECT:
SERVICE AUTHORIZATION 11.1 FOR CH2M HILL
DATE:
March 14,2006
Attached is a copy of Service Authorization 11.1 to CH2M Hill for professional consulting services
regarding completion of the rehabilitation of the City's Aquifer Storage & Recovery (ASR) Well.
Upon completion of the ASR rehabilitation construction activities by the City's contractor, the
Florida Department of Environmental Protection (FDEP) was notified of our intent to begin cycle
testing to reestablish the operational capacities and storage volume of the ASR. FDEP advised the
City that the construction permit for the rehabilitation project had expired and must be renewed prior
to proceeding with the requisite cycle testing.
The scope of this service authorization includes preparation and submittal of the permit renewal
package (Task I) for a lump sum of $5,500, and response to Requests For Information (RFIs) from
FDEP (Task 2) on an hourly basis not to exceed $8,100. The total service authorization is $13,600
with funding available in R&R account #442-5178-536-31.30 after budget transfer.
Please place this item on the agenda for the March 21, 2006 meeting for consideration by City
Commission.
Cc: Victor Majtenyi, Construction Manager
Juan Manzano, Environmental Compliance Director
John Bullard, Water Treatment Plant Manager
File 2003-014
Service Authorization No.1i-1 to the Agreement
to Furnish Professional Services Dated April 28,
2004, Between the City of Delray Beach, Florida
and CH2M Hill, Inc.
City P.O. Number: (I)"20iif1
City Project Number: "2-a:>~-ol4-
Title: Permitting of thI Aquifer Storage and Recovery Well
Category of Work: Professional Engineering Services
General
Thi~ SERVICE AUlHORUATION shall modify the professional service agreement
referenced above and shall become part of that AGKJ:::WJ:NT as if written there in full.
Chmlges in the indkated Scope ofServiC'E"R will he f;uh~ to renegotiation and implem€'nted
llU'ough an amendment to this agreement.
Introduction
In October 2004, the City of Delray Beach (CITY) issued a Notice to Proceed to Integrity
Well and Pump Company (Integrity) for the rehabilitation of the City's Aquifer Storage and
Recov~ (A5R) wen (City Project 2001-014). Integrity perfonned a video survey of the wen,
conductpd 3pp"oximately 50 houn; of development, replaced the pump and motor, and
completed additional above-gI'OWld improvements. A successful start-up was held in
December 2005, and the City will conduct additional pumping of the well to ensure that
sand production is m.inim.izcd. Following shut-up, CH2M HILL contacb.'<.l the Florida
DepartInent of Environmental Protection (FDEP) to notify them that the well ~'ld lx.'Cn
rehabilitated and that opE'rational testing would TPStlme shortly. FnEP notifiPd CH2M HILL
that the City'!> construction permit had expired and that the City would need to re-apply to
renew conc;truction permit prior to beginning continuation of cycle testing. At the
completion of cycle testing, the City will need to seek approval from FDEP to operate the
welL
'This Service Authorization will ilulhQJ"izc CH2M HILL lo pJ"ovidc profcss.iona1 engineering
Com;lUting scrvi('('s rdated Lo lhc preparation imd submiltal of a new construction permit for
the City's ASR well.
DFeJ;810400011SET5Ii.DOC
Scope of Services
Task 1 - Construction Permit
CH2M HILL will prepare a constnlction permit for thE" City's ASR weU. The supporting
material for the application will consist of material pI'E'viously submitted to FDEP for the
origin..11 construction of thp. well and any new information a.c; requested by rouP. The
pl'rm il fee of $750 will be paid by the City.
A new constnJ("tion pennit is required since the City's previous construction permit expired
in March 2005. In a telephone conversation, FDEP indicated that the supporting information
that was submitted with the original application could ~ re-submitted; however the City
would need to expand its are..1 of review, provide currenl baseline dala.tnd updale
monitoring plan, as well as lhe plugging .1nd abandonmr.nl co"l r.sLimalr.. Addilionally,
informaLion on the modifications made to the wen would nppd to be suhmitted, along with
an updaLfld Operation and Maintenance (O&M).
Talk 2 - AFt Response
This task is included to account for possible Request for Information (RFl) question.c; raised
by roEP regarding the City's application. This will be only be utilized if a RFI is received
from fDEP.
Schedule
CH2M T TIT.L will commence work on the Scope of Services described herein upon receipt of
a fu lly pXflCuted copy of this Specific Authorization from the CITY, which will serve as the
notice to proceed. The followinK l:;ummanzes the proposed schedule.
nsk Time of Completion (weeks from date of notice to proceed [NTPD
Start Finl....
Tnk 1 - ConMrUctlon Permh Upon Notl~ 10 Proceed from the 30 days after NTP
AppllClltion City
Task 2 - API Reeponse TBO T80
(Allowance)
Assumptions
'This sc.:opc of services was based on the following assumptions:
1. The application package will COMi,;t primarily of material previowdy [Ilubmitted hy
CH2M HILL for the original con...tmction permit. PerI1[),EP'[Il requ~t, CII2M TDLL
will:
. t?'xpand the area of review;
. update the monitoring plan;
. updale the plugging and abandonment cost E"Stimatt>; and
. proviue as-buill plru.lS rcgardiJ.\g .D1odilkatiolls n'k1dc lo well.
Llf lWll'~llSETS6l nor.
~
2. ASR cycle teRting plan will be submitted after well is back in operation.
:1 Thi.. Service Authorization does not include field work, laboratory testing, or
groundwater modeling. If these are requested by FDEP, an amendment to this
Service Authorization will be n:quircc.l.
Compensation to the CONSULTANT
C01'llpE'nsation for Ta!';k 1 Wll be a lump sum of $5,500. Task 2 (if required) will be
performed on a time and materials basis and will be invoiced in accordance with the hourly
Tate scheduJe attached as ~xhibit "A", not to exceed $S,lUO. 'lhe total estimated cost is not to
exceed $13,600.
This service authorization is approvoo contin~t upon the CITY's acceptance of and
satisfadion with thc completion of lhe services .rendered in the previous phase or as
l'I\compassl:'d by tlU' previou" "ervice aulhorizalion. If lhe CI1Y in ill'; !';Ole di!';('relion is
unsatisfied with the ~rviceFi provided in the previou..; phME' or Rervice authorization, the
CITY may terminate the contract without incurring any further liability. The
CONSULTANT may not commence worle on any service authorization approved by the
CITY to be included as part of the contract without a further noticc to proceed.
Approved by:
CITY OF DELRA Y BEACH:
CH2MM:: ~~~ate Seal)
rmt ....H._
Wendy Nero (date)
.~~~_Manager ~i~f?&r:.-
Witness f ..U / .
------ . ~ rr/-~ ~
Witness ~
Date:
Jcff Perlman
Mayor
~'TATE OF FLORIDA
COUN1Y OF BROW ARD
A~t:
Approved as to Legal Sufficiency and Form
The foregoing instrument was
acknowledged before me this ~ day of
March, 2006, by Wendy Nero, Office
Mana~r, CH2M HILL HILL, Inc., a Florida
corpora . on beh..'ll.C of lhe corporation. He
is onally now t me and (did/ did not)
b> a oat .
Do
Notary Public
State of Honda
(Seal)
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"7~' 6 "'" 1.AIIO Y . n.unm
{.:~~~ Co~iOB IID0274978
~~.. .....I~ Expires: Jam 01. 2008
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:I
CFSI'Il8' CM0007f3L 1!lG woe
Exh Iblt A
Service Authorization No.
Permitting of the Aquifer Stora Ie and Recovery Well
Esllmated Lebor Hours
Coat per Task No. Totel Projeat
EmDlover Cateaory Gracie Hour 1 2 Hours Totals
9 $175.00 0 $0
8 $175.00 0 $0
7 S 1 66.00 , , $165
ProtHllonlll. Engln..rs, Architects, 6 147.39 4 .. 8 $1,179
Planners, Fcnnomlsls, Scienlisls, 5 127.28 0 $0
HydroJogisl&, Hydrogeologists. GeOlogists. 4 106.83 0 $0
etc. 3 $88.41 40 40 80 $7,073
2 $76.56 0 SO
1 $67.32 40 40 52.693
0 $0
5 $95.79 0 $0
Technician. - Drafters, Graphic Artists. 4 $78.60 0 SO
Computer, Surveyors, Cartographies, 3 166.60 0 $0
Construction Inspectors, etc. 1&2 $56.31 0 $0
0 SO
OffIce SuPDOf'l 0 SM.es 10 10 20 $1.131
Lllbor $4,D:IO $7,314 14' .
Relmbul'88ble Expenus
Transoortation SO
Lodaina SO
Communication ChanlC $ 68 $ 113 $179
RoproductionslS $ 285 $ 176 $460
postaae and Handling $ 42 $42
Field EQwoment $0
Computer $ 250 $ 428 $6 78
AulD Tmvel/Milua1J9 (outside PBCl SO
subcontractors. (InclU_ p $0
CXpe".1 5UDlO181. 5643 $718 ~1 ,;"::1'
.
ProjeCl Tolal. P.5OU '1S,100 113.1100
OFBASR Aehab Permitting CHent Budget Form 022706.xIs
AGENDA ITEM NUMBER:
'6cr
AGENDA REQUEST
Date: March 14,2006
Request to be placed on:
~ Regular Agenda
Special Agenda
Workshop Agenda
When:
March 21, 2006
Description of agenda item:
Staff requests Commission approval of Service Authorization #11.1 to CH2M Hill in the amount of $13,600
for preparation of an FDEP construction permit renewal package and follow up responses for permit
acquisition for rehabilitation of the City's ASR well. Renewal of the Construction Permit is necessary to
continue with cycle testing of the City's ASR well prior to putting the facility back into service. Funding is
available in R&R account # 442-5178-536-31.30 after budget transfer.
ORDINANCE/RESOLUTION REQUIRED:
Draft of Resolution Attached:
YES
YES
NO
NO
x
X
Recommendation:
Staff recomme
ion 11.1 to CH2M Hill.
Department Head Signature:
.3 -J'f- o~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review
(required on all items involving expenditure of funds):
({;)
Funding available:
1ft
No
Funding alternatives (if applicable):
Account Balance:
cJ42 - r;; 17$ - S3b. 3/- 3iJ
~5/n~e/l.1'7 ~ I Avd-uk c..-!-
~ /~ ilJ{) O+?-er ~.jJP-GL-
Account Number:
Account Description:
City Manager Review:
Approved for Agenda:
B
-a1
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 K. - REGULAR MEETING OF MARCH 21, 2006
AGREEMENT /IRONWOOD PROPERTIES/MERIDIAN
TO:
SUBJECT:
DATE:
MARCH 17, 2006
Approve an agreement with Ironwood Properties in the amount of $13,950.00 to be paid to the City
in lieu of hardscape/landscape improvements associated with the Meridian.
When the Meridian was reviewed and permitted for redevelopment, hardscape and landscaping
improvements within the US 1 Corridor were part of the permitted site plan. Since this project is
within the limits of the US 1 Corridor Study and the exact typical section of US 1 has not yet been
determined; staff has worked out an agreement with Ironwood Properties in which costs equivalent to
the permitted hardscape and landscaping improvements will be contributed to the City in lieu of
constructing these improvements.
This project was approved and permitted prior to establishing an estimated cost for US 1
improvements; therefore, staff used an equivalent cost of the approved/permitted improvements.
Recommend approval of an agreement with Ironwood Properties in the amount of $13,950.00 to be
paid to the City in lieu of hardscape/landscape improvements associated with the Meridian.
S:\City Clerk\agenda memos\CM Meridian Agmt 032106
City Of Delray Beach
Department of Environmental Services
M E M 0 RAN DUM
FROM:
David T. Harden, City Man~er / /
Randal L. Krejcarek, PE /~
TO:
DATE:
07 Mar 2006
SUBJECT: The Meridian Agreement
The attached agenda request is for Commission approval/authorization for the Mayor to
execute an agreement with Ironwood Properties for the permitted
hardscape/landscaping improvements along northbound US 1. When Meridian was
reviewed and permitted for redevelopment, hardscape and landscaping improvements
within the US 1 corridor were part of the permitted site plan. Since this project is within
the limits of the US 1 corridor study and since the exact typical section of US 1 has not
yet been determined, staff has worked out an agreement with Ironwood Properties in
which the costs equivalent of the permitted hardscaping and landscaping improvements
will be contributed to the City in lieu of constructing these improvements.
Since this project was approved and permitted prior to establishing an estimated cost
for US 1 improvements, staff used an equivalent cost of the approved/permitted
improvements. The attached certified cost estimate is based on the permitted
improvements. This agreement is for $13,950.00.
If this meets with your approval, please place it on the 21 Mar 2006 Commission
Agenda for approval.
Thanks!
enc
cc Richard C. Hasko, P.E.
TAC file
S:\EngAdmin\ T AC\Meridian\2006-03-21 agenda memo. doc
~...
-. -- -.- SHAH
~ - -.-
~DROTOS
Engineering
Surveying
Planning
&ASSOCIATES
Meridian
Offsite Improvement
Project No. 0557 A.05
Engineer's Opinion of Cost
SUMMARY
February 14, 2006
3410 N. IvldrewsAve Ex!
Pompano Beach, Fl 33064
PH: (954) 943-9433
FAX: (954) 783-4754
ITEM DESCRIPTION
SUMMARY:
A. Offsite Improvement
TOTAL:
AMOUNT
$13.950.00
13,950.00
NOTE:
Since the ENGINEER has no control over the cost of labor, materials, equipment or services
furnished by others, or over methods of determining prices, or over competitive bidding, or market
conditions, any and all opinions as to costs rendered hereunder, including, but not limited to, opinions
as to the costs of construction and materials, shall be made on the basis of its experience and
qualifications, and represent its best judgement as an experienced and qualified ENGINEER familiar
with the construction industry. The ENGINEER cannot and does not guarantee that proposals, bids
or actual costs will not vary from opinions of probable cost. If at any time the CLIENT wishes greater
assurance as to the amount of any cost, the CLIENT shall employ an independent cost estimator to
make such determination. Engineering services required to bring costs within any limitation
established by the CLIENT will be paid for as additional services hereunder by the CLIENT.
CERTIFICATION:
I hereby certify that this COST ESTIMATE is true and correct to the best of my knowledge and belief.
~. t2..~,
Bharat R. Shah, P.E.
Florida Registration No. 19702
Cost Estimation - Pool Drainage Improvements
PGA National Resort & Spa
SDA Project No. 0743B.OO
Page 2 of2
Meridian
SDA Project No. 0743B.OO
Cost Estimation - Offsite Improvement
February 14, 2006
A. OFFSITE IMPROVEMENT
1. Remove Existing Pavement 1000 SF
2. 6" Concrete Curb Type 'D' 350 LF
3. Regrade / Resurface Parallel Parking 370 SY
4. Striping / Pavement Marking 1 LS
5. Landscaping 1 LS
2.00
9.00
8.00
Contingency (10%)
TOTAL:
X:\SDAPROJECfS\OSS7B.OI Meridian\Cost Eslimate\Ofl'site ImprovetneDts.wpd
$2,000.00
$3,150.00
$2,960.00
$1,370.00
$3,200.00
$12,680.00
$1,270.00
513,950.00
SUBDMSION IMPROVEMENT AGREEMENT
THIS SUBDIVISION IMPROVEMENT AGREEMENT entered into this _ day
of , 200_, by and between the CITY OF DELRA Y BEACH, a Florida
municipal corporation, (hereinafter referred to as CITY) and
(hereinafter referred to as DEVELOPER), provides as follows:
WHEREAS, a project called The Meridian is being developed along the east side of the
300 block of northbound U.S. 1,just south of Atlantic Avenue in the CITY; and
WHEREAS, the DEVELOPER was required to construct/install landscaping in the
right-of-way of U.S. 1 as a condition of the Development; and
WHEREAS, the CITY is in the process of forming a uniform streetscape plan for
northbound and southbound U.S. 1 in this area; and
WHEREAS, the uniform streetscape plan to be prepared by the CITY will not be
prepared in time to allow DEVELOPER to install the landscaping for its project, therefore,
DEVELOPER agrees to pay the CITY the cost of landscaping and the CITY shall install the
landscaping in accordance with the uniform streets cape plan.
NOW, THEREFORE, in consideration of the mutual covenants and
undertakings set forth herein and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the DEVELOPER and CITY hereby agree as
follows:
1.
INCORPORATION OF RECITALS.
The above-stated recitals are
incorporated as if fully set forth herein.
2. COSTS PAID BY DEVELOPER. The DEVELOPER shall pay, to the CITY,
the amount of$ $13,950.00 within 10 days of the execution of this Agreement. The CITY shall
use the funds to construct/install the landscaping in the area shown/described in Exhibit "A",
attached hereto, in accordance with the uniform streets cape plan.
3. GOVERNING LAWS: VENUE. Any claims, lawsuits or disputes that may
arise under this Agreement shall be governed by the Laws of Florida, with venue in Palm Beach
County, Florida.
4. INTEGRATION: AMENDMENTS. This Agreement constitutes the entire
agreement and understanding of the parties. There are no representations or understandings of
any kind not set forth herein. Any amendments to this Agreement must be in writing and
executed by both parties.
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the
day and year first above written.
ATTEST:
By:
CITY OF DELRA Y BEACH
By:
City Clerk
Mayor, Jeff Perlman
Approved as to Form:
By:
City Attorney
WITNESSES:
By:
(Name Printed or Typed)
(Name Printed or Typed)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this
, 200_, by , as
(name of officer or agent, title of officer or agent), of
day of
, a
2
. ,
(state or place of incorporation) corporation, on behalf of the corporation.
He/She is personally known to me or has produced (type of
identification) as identification.
Signature of Notary Public
3
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~ ~ Q ~ CITY of DELRA Y BEACH MERIOI AN OATE:12-30-0
) LOCATION MAP If F1LENAlAE
a ENVIRONMENTAL SERVICES DEPARTMENT
"- 434 SOUTH 8WM'ON A1IENUE!, CEI.JlA Y BEACH, FI...ON)A 33444 eI<J.I.,&,'f "11
Date:
07 Mar 2006
AGENDA ITEM NUMBER: ~L
AGENDA REQUEST
Request to be placed on:
-X- Consent Agenda _Regular Agenda _Workshop Agenda _Special Agenda
When: 21 Mar 2006
Description of Agenda Item (who, what, where, how much):
Request for Commission approval/authorization for Mayor to execute an agreement
with Ironwood Properties for the permitted hardscapellandscaping improvements on
northbound US 1. This agreement is for $13,950.00.
Staff Recommendation: AuurovalZ ~
Department Head Signature: ( pc .
~ '1/ bb
City Attorney ReviewlRecommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes I No Initials: N.A.
Account Number
Description
Account Balance:
Funding Alternatives:
(if applicable)
City Manager Review:
Approved for Agenda:& No Initials: {.1l1
Hold Until:
Agenda Coordinator Review:
Received:
s: \EngAdmin \ T AC\Meridian \2006-03-21 agenda.doc
[IT' DF DElRA' IEA[H
DELRAY BEACH
F t () It I () A
tdb:JI
AII.AmericaCity
, 1111 ~o:
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MEMORANDUM
100 N.W. 1st AVENUE. DELRAY BEACH, FLORIDA 33444.561/243-7000
David T. Harden, City Manager
~obert A. Barcinski, Assistant City Manager
March 13, 2006
1993
2001 FROM:
DATE:
SUBJECT:
AGENDA ITEM CITY COMMISSION MEETING
MARCH 21, 2006 SPECIAL EVENT REQUEST
RELAY FOR LIFE
ACTION
City Commission is requested to approve for the American Cancer Society's Relay for Life
Fundraiser beginning at 4:00 p.m. March 31 st and ending Saturday April 1 st at 11 :00 a.m., a
temporary use permit per LDR's Section 2.3.6(h) for the closure and use of NE 1 sl Avenue from
Atlantic north to the grass area at Old School Square from 10:00 a.m. on March 31 sl until 10:00
a.m. Aprills1 for event set up, use of the southwest portion of the Old School Square parking lot
from 3 :00 p.m. March 31st to 11 :00 a.m. April 1 st for survivor parking and use of City Hall
parking lots from 4:00 p.m. March 31 sl to 11 :00 a.m. April 1 sl for participant parking.
BACK.aROUND
Attached is a letter received from Melanie London with a site map requesting street closures and
parking lot use on behalf of the American Cancer Society for their Relay for Life event to be held
at Old School Square starting at 4:00 p.m. on March 31 sl and ending at 11 :00 a.m. on April 1 Sl.
Needed times for street closure and reserved parking were verbally communicated to my staff.
The event permit was originally received on October 10, 2005. This is a minor event with staff
costs under $1,000 and as such was approved per policy at the staff level. Street closures and
reserved parking were not part of the original request. Since street closures and reserved parking
are now being requested approval is needed by City Commission. I have revised the site map to
delete the garage construction site area from the event site. Barricades can be set up on Friday
during regular hours and can be removed on Saturday by event volunteers or the Clean and Safe
crew. We have received a copy of the certificate of liability insurance and hold harmless
agreement. This event does have a newspaper sponsor.
RECOMMENDATION
Staff recommends approval of the event, the temporary use permit for the street closure of NE 1 sl
Avenue from Atlantic Avenue to the grass area at Old School Square, use of the southwest
portion of the Old School Square parking lot and use of the City Hall lot on the dates and times
stated above.
RAB/tas
File:u:sweeney/events
Doc: ACS Relay for Life 2006
@ Printed on Recycled Paper
THE EFFORT ALWAYS MATTERS
3L
03/05/2005 02:38
5513'347'30'3
ACS
PAGE 02
March 6, 2006
I All1enc<ln
~13 C<l n-"? r
'f Society
City of Delray Beach
Assistant City Manager
Robert Barcinski
Dear Mr. Barcnski:
I am writing to you regarding the March 31 st Relay for Life at Old School Square.
We must confirm parking areas for our participants and survivors. We are also requesting
the closure of one entrance to the parking area adjacent to OSS .
Our event will begin at 4PM, but setup of teams will begin at :I 0-IIAM on Friday.
Weare requesting the following: H
Exclusive use of the (approximately 8) spaces on 8E 1st 81. al(lug the East side ofOSS.
~
Street closure at the entrance to the parking area on ~ 1 st St. ~1cr.OSS from the venue.
Assigned Survivor parking spots in the lot on the East side ofOSS.
One or More assigned parking lots for our general participants. [believe the Police
Department and Parks have discussed using the Parks and Rec parking area as one lot.
As this is difficult to describe I will also fax a diagram to you.
Please advise as soon as possible.
Thank you for yom continued support on this event.
~Sfii~e ly,
/ ~..
(/./ Melanie .London
. Community Rep ese
561-394-7751 x 1
305-968-5811
~
South Palm Beach Unit
3350 NW Boca Raton Blvd, Suite A~34 Boca Raton. FL 33431-6636
t) 561.394.7751 f) 561.394.7909
Cancer Information 1.800.ACS.2345 INWW.cancer.org
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DELRAY BEACH
F lOR 1 0 "
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All-America City
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100 N.W. 1st AVENUE. DELRAY BEACH, FLORIDA 33444.561[243-7000
MEMORANDUM
1993 TO:
2001
David T. Harden, City Manager
FROM: ~Robert A. Barcinski, Assistant City Manager
SUBJECT: Agenda Item # <6tl\ City Commission Meeting March 21,2006
Approval Special Event - Cinco De Mayo Fiesta
DATE:
March 14, 2006
ACTION
City Commission is requested to endorse the 8th Annual Cinco De Mayo Fiesta to be held
on Saturday, May 6,2006, from 11:00 a.m. - 10:00 p.m. at Old School Square, to grant a
temporary use permit per LDR Section 2.4.6(H) for the use of City parking lots at City
Hall and to authorize staff support for security, trash removal, and signage preparation
and installation. The event sponsor is also requesting use of the South County
Courthouse parking garage and Library lot.
BACKGROUND
Attached is an event permit and letters received from Ms. Janie Rameriz, Chairperson of
the Fiesta. Cinco De Mayo celebrates the date Mexican soldiers defeated the French at
Puebla Mexico. This celebration is a party that represents freedom and liberty. The
committee is composed of Hispanic residents of our City.
The event will be held on the Old School Square site. The event committee will be
responsible for event management, liability insurance, vendor approval, site set up, and
fencing. The estimated overtime cost is $4,250, $125 to man the County Garage from
10:00 a.m. to 5:00 p.m., and $250 for signage for a total estimate of $4,625. Also
attached is a copy of the event budget and site plan and verification of non-profit status.
The event does not at this time have a newspaper sponsor.
Since alcohol beverages will be sold and they will be charging admission, the site will be
secured to contain alcohol consumption on site. We also would require that all alcoholic
beverages be served in paper or plastic cups, no bottles. Per event policies and
procedures there is no charge for the first $1,000 of City costs. The event sponsor will be
required to pay approximately $1,550. Since the Library is open on Saturday afternoons
we will not be able to use their lot.
@ Printed on Recycled Paper
THE EFFORT ALWAYS MATTERS
Cinco De Mayo Fiesta 2006
March 14,2006
Page #2
RECOMMENDATION
Staff recommends endorsement of the event, approval of the temporary use permit for the
use of City parking lots, staff support for traffic control and security, and signage
preparation and installation. Also approve staff to request the use of the South County
Courthouse parking garage with the event sponsor paying the costs to man the garage
from 10:00 a.m. to 5 :00 p.m. Approval to be contingent on the receipt of a hold harmless
agreement and receipt of the certificate of liability insurance and liquor liability insurance
as well as site fencing.
RAB:tas
File:u:sweeney/event
Doc:Agenda Cinco de Mayo 2006
City of Delray Beach
Special Event Permit
Application
PLEASE PRINT
DElRAY BEACH
~
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Event Nameffitle: ~, {II tj) 1 e YnI9 "/ ()
Event Date(S):~ t.,:Ii d)ltfJ ~ b
Event Time(s): /IAQJ 10 /t:' f! dJr
Event Sponsor/Producer: () I cl S~o Q' S {)'Ul~ ~
Event Contact/Coordinator: Ja.. ~ ~ e ~ ~t If'-e ~
Name: ~ "'-~\~ 1Ra.~4 f" ~~
Address: 1111./ S / W. ~ A-tJe;
Telephone Number: ~,./-'}?~-''j.?i. Cellular Number: 5b/'"~,I-z~~
E-mail Address:
Event Description/Purpose:
#- / I
/l d ~l1ed
Sponsor Category (please check) City 0 Non-Profit/Charitable rA. Private 0
Co-Sponsor - Non-Profit/Private 0
(/f Non-profit attach proof of 501c(3) or (d))
Event Location (Describe area boundaries of event/location):
I"J / tl ~ t-t...tJ tit S Y. tJ.t ~ ~ I-f., rNU.. '" J <:.
Site plan attached
(Site plan required for entire event site)
yes~
no
Event budget attached
(Required for all events)
Serving or selling alcoholic beverages yes V no
(If yes, copy of license and a/coho/liability insurance required two (2) weeks prior
to event)
yes
/
I
no
Event certificate of insurance attached yes no ./
(Required two (2) weeks prior to event naming the City as additional insured, also
required for vendors)
Requesting stage use yes
(If yes, check type)
Large stage covered 0 Large stage no cover 0 Small stage 0
Half small stage 0
Requesting signage yes ~ no
Type: Event sign V Directional signs '. /' -lit
Banner hanging Indicate dates required /114 ~ I ;l,,/ -hJ!Ilv rp -2#JI,
(Waiver required if more than one (1) week prior to event) , I.
Playing of amplified music
(Waiver required)
;/
yes
Requesting Police assistance
(traffic control/security)
,/
yes
Will supplement with private security yes
(If yes, need plan attached)
Requesting Emergency Medical assistance yes
Requesting barricade assistance
c/
V
yes V
yes
Requesting trash removal/clean up assistance yes
Requesting trash boxes and liners
V'
yes V'""-
yes ~
Tents yes V-
(If yes, tent permits and fire inspections maybe needed)
Food and beverage vendors
If yes, approximate number
Health Department approval
51
yes
Other vendors
no
no
no /
no V
no
no
no
no ~
no
no
no
no
Will the event include amusement rides yes no ,'~
(If yes, type and location and copy of liability insurance required)
Will the event be gated
(Show on-site map)
~
yes
2
no
Will there be fireworks or other pyrotechnics
(If yes, contact Fire Marshall)
yes
no
~
Will there be cooking with compressed gas
(If yes, contact Fire Marshall)
yes
~
no
Will you be providing port-a-Iets for the event yes no n/'"
(If yes, locate on-site map. If no, indicate how you will handle restroom
needs) q,/1Je-Jy ~ s;+~
Will there be a charge for the event yes V
(If yes, indicate ticket prices) /
Is reserved parking requested yes
(If yes, indicate locations)
no
no
./:-
bee., r ~"S-
Date
vent contractor/coor\dinat~ I
Please print: Ttt n , €. Of.. WI , I"~ Z-...
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 0'1'1
Date Received {I
Application fee received
JW'
Site map ~
Budget /'
Certificate of insurance
Hold Harmless agreement
Security plan
Waiver alcoholic beverage
Railroad approval
Coast Guard approval
501 c(3) or (d) certificate or letter
Health Department approval
Fire Inspector approval
Police Department approval
Public Works approval
Parks and Recreation approval
City Commission approval
./
.;'
3
11:45 AM
12/06/05
Accrual Basis
Hispano-Latino Cultural Alliance, Inc.
Profit & Loss
December 2004 through August 2005
Dec '04 - Aug 05
Budget
2006
Income
4100. Clnco de Mayo
Total Income
22,708.00
22,708.00
30,175.00
30,175.00
Expense
5000 . Event Expenses
5100 . Casual Labor
5200 . Advertising
5300 . Rent
5400 . Prizes
5500 . Food and Beverages
5600 . Decorations
5700 . Insurance
5800' Supplies
5900 . Security
5999 . Petty cash for Event
Total 5000 . Event Expenses
3,166.90 5,000.00
2,118.24 2,700.00
3,762.74 4,175.00
1,614.78 1,750.00
2,907.47 3,500.00
543.86 600.00
2,061.85 2,200.00
969.25 1,000.00
1,077.43 1,250.00
3,000.00 3,000.00
21,222.52 25,175.00
21,222.52 25,175.00
1,485.48 5,000.00
Total Expense
Net Income
Page 1 of 1
t,(~,v;.r 1M? 'i
Hispana- Larina CulruRal -1'~
Alliance, lnc.
255 N.E. 2nd AVENUE, #220 · DELRAY BEACH, FLORIDA 33444
PHONE (561) 276-3396
Rf:"l'FI
.......... \-J' .~_. ~
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March 7,2006
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Mr. Robert A. Barcinski
Assistant City manager
100 N.W. 1st Avenue
Delray Beach, FI. 33444
Dear Mr. Barcinski:
Once again our organization is proud to celebrate Cinco De Mayo. It will be held on Saturday, May 6th,
2006 from 8:00a.m. to 12 midnight on the site of Old School Square.
We are requesting that the City allow us to use the parking garage facility behind the library and also the
City Hall parking lot.
Your consideration of the above request is much appreciated.
Sincerely,
rf~
Janie Ramirez, President
Hispano- Latino Cultural Alliance, Inc.
H The Hispano-Latino Cultural Alliance, Inc. is committed to raising the awareness of and sharing the HispanicjLatino culture
with people of all ages and cultures, serving as an advocate for diversity and education while providing the necessary resources
to effectuate a stronger cultural presence in our communities, schools, and government. "
December 8, 2005
The purpose for the fiesta is Deh-ay Beach Loves to celebrate diverse cultural. Well, it was
time the Hispanic community celebrated one of our favorite holidays: Cinco De Mayo
which will take place on the grounds of Old School Square, Saturday May 6th, 2006 .
A fiesta means music, dances, pifiatas for the kids lots of Mexican food tacos, tamales, rice
and beans, arepas, corn on the cob and of course Hot Dogs and other foods.
This will be an Opportunity for the Hispanics to get better acquainted with all of Delray.
I believe in Unity with all of our friends and neighbors.
Delray's Cinco De Mayo Fiesta will honor the triumph of Mexico over the French military
invaders on May 5, 1862The city of Puebla, in the state of the same name has important
roles in Mexico's history. The celebration of the Cinco De Mayo is the 3rd in importance in
Mexico after the Independence Day on September 16th and the November 20th,Revolution
Day. The Cinco De Mayo, however, is the biggest Mexican celebration in the United States.
Thank ~ou /!: .
~irez ~
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_ consumer's_Certlflcate of Exemption
" I"~ P\lnt",.nt to c~, 212. Florida St8tutH
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"'SPANO l~TlNO ClJL. TuRAi. AU..IANCf lNC
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OELRAY BE"Ck F\. 334&&
:r1-?IA- d-D '\;U 00 I 0
is ..orr.pt lro<n.thO patmenl of Flo,d. SO;os ood uso tax on r8&l p,ope'll" ,onted. trlnsoent n."'" p~ _.,"og"".
ptrsona' property piJreha$ed Of rented. ~f ser/lce, .PlJrcnased.
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Important 'nformatlon for Exempt Organizations
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1. '''ou mU1tt provide a!l v.ndOIs and suppliers with ar. &Xemptioll certifiCate betore mtking tal(-exempe pulchasei
See RUle 12A.' 039. Florida'Administrative CQde (FAC) ,
2 your Con$unNl"s Certificate of Exemption is to bet uad loleiy..by yo,",' OIgalltzation tor yoor oroanlzation's
CUStomery nonprofit ~vitie$;
3 p~rchase$ made by an individual on behalf of tt,e organizatIon are taxaI)Ie. ewn if the in~;viduai will be
reimbursed by the organization
~ Th;S exemption appltes only to purcnue$,"your organization makes. The sal. or lease to otherS by yovr
OfganiZation of \8no:t)l. personal prop&rty, ,leepino acecmmodations or other r.a! propet'tY is taxable. YO\;lr
orga"izatiOt'l rn:Jst register. and collect and remit Illes and use tax on such taxable transactions Note: Churches
are e.xempt from this fequirement exctpt when thay ar. the 18$$0' of real proper1y (Rule '2A-1 010. FAC).
5 It is a criminal otf~ to traudulently p'eMnt this eenifialte to .vad. the paymtnt of calM taX, l,Jr(Mr no
Clrcumstatlees should U'IS certifieate be used for the perscnal benefit of ."y Individual. Vlolator$ Wi\! ~ \tabiG for
payment of lhesales tax ph.;! a penalty of 200% of the tax, and may be subject to conviCtior. ot a tt'lird degree
telon)' Any violation will nece&Sitate the revocat,oo of this certificate.
b It yo~ h.~. ClvellionS regarding your uemptio" certificate. please contact the Exemption U~jt of Cttntral
R&g1$tr8uOn a~ &5004&87-4130. Tne mailing a<XjrHS is 5050 W8$t T.nnessee Street. Tallahassee.
FL 32399-0100. .
MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER M
AGENDA ITEM # KN - REGULAR MEETING OF MARCH 21, 2006
SERVICE AUTHORIZATION NO. 14.1/CURRIE SOWARDS AGUILA
ARCHITECTS
TO:
SUBJECT:
DATE:
MARCH 17, 2006
This is before the Commission to approve Service Authorization No. 14.1 to Currie Sowards Aguila
Architects in the amount of $14,750.00 for additional services provided for the permit submittal
process and site modifications for the Intracoastal Park Project.
Funding is available from 334-4174-572-63.90 (General Construction Fund/Intracoastal Park/ Other
Improvements).
Approval of this service authorization would bring design costs to date to $158,450.00. Current
estimated construction costs for the project is $2,150,000.00; and total consulting fees, including this
proposal, represent 7.4% of estimated construction costs.
Recommend approval of Service Authorization No. 14.1 to Currie Sowards Aguila Architects in the
amount of $14,750.00 for additional services provided for the permit submittal process and site
modifications for the Intracoastal Park Project.
S:\City Clerk\agenda cover memos\SA 14.1 Currie Sowards FIND Park 032106
City Of Delray Beach
Department of Environmental Services
M E M 0 RAN
D
u
M
www.mydelraybeach.com
TO:
David T. Harden, City Manager /7 "X
Richard C. Hasko, P .E., Environmental Services Director ~
FROM:
SUBJECT:
INTRACOASTAL PARK, PIN 2001-007
Agenda Item: Service Authorization #14.1 to Currie-Sowards-Aguila-Architects
DATE:
March 16, 2006
Attached for City Commission approval is Amendment "I" to Service Authorization #14 (Service
Authorization 14.1) to Currie-Sowards-Aguila-Architects for additional services provided during the
ongoing permit submittal process as well as site modifications prompted by both agency reviews and
City requests for the new Intracoastal Park project, PIN 2001-007. Service Authorization #14.1 is in
the net amount of$14,750.00.
Service Authorization #11 to Robert G. Currie for design of the master plan for the referenced project
was approved December 23, 2002, in the net amount of $6,600.00. This encompassed Task 1 of the
authorization which covered all required surveying on the property. City Commission approved on
May 6, 2003, Amendment "I" (Service Authorization #11.1), for conceptual design and permitting
requirement review, as described under Task 2a, in the net amount not to exceed $9,250.00. On
August 19, 2003, Commission approved Service Authorization #11.2, expanding on task on Task 2a,
to include fees for an environmental consultant to coordinate with other review and permitting
agencies for any mitigation requirements associated with the design, for a fixed fee of$6,150.00. On
April 13, 2004, Commission approved Service Authorization #11.3, scope of work under Task 3, for
the preparation of the master site plan in the amount of $14,950.00. On February 1, 2005,
Commission approved Service Authorization #14 for preparation of all permit and construction
documents based on the December 6th, 2004, City Commission approved site plan with a scope of
services including any required soil tests and analysis, mitigation plan, bid review, and construction
observation in the amount of$106,750.
Approval of this service authorization would bring design costs to date at $158,450.00. Current
estimated construction cost for the project is $2,150,000.00, and total consulting fees including this
proposal represent 7.4% of estimate construction costs.
Funding is available from 334-4174-572-63.90, General Construction Fund/Intracoastal Park. Please
place this item on the March 21, 2006 agenda for consideration by Commission.
Cc: Randal Krejcarek, P .E., City Engineer
Victor Majtenyi, Construction Manager
File 2001-007
/ CURRIE. SOWARDS · AGUILA · ARCHITECTS
Robert G. Currie, AlA
Jess M. Sowards, AlA
Jose N. Aguila, AlA
March 10, 2000
Mr. Dick Ha6ko, P.E.
Environmental Service6 Director
400 South Swinton Avenue
Del ray Beach, Florida 33444
Re: Intraaoaetal FIND Park
Project No. 021002
Dear Dick:
Attached plea6e find three original copie6 of Additional Service6 Authorization number 14.1 and
our reque6t for additional fund6 to partially cover the numerOU6 meeting6 and drawing
adJu6tment6 required by the out5ide agencle6 reviewing the project.
A6 you know, we have made 6everal 6ubmi66ion5 to South Florida Water Management Di6trict,
the Army Corp6 of Englneer6, Florida Fi6h and Wildlife Con6ervation Commi6610n, and other
agencie6 that have Juri5dlction on the project. The5e 6ubmittal6 have re6ulted in numerou6
meetlng5 and plan adJu6tment, 60me a5 a con6equence of the reviewer'6 changing their mind6
on their requirement6, and other6 by virtue of internal 6taff change6. In addition, we have had
6everal meeting6 with the City re6ulting In 60me plan change6, including the addition of a day
dock that wa6 not originally anticipated and will require additional engineering.
My con6ulting engineer6 have advi6ed me that between the additional expended time and the
new engineering for the day dock that they anticipate an additional effort repre6enting over
Forty Thou5and Dollar6. After 60me di6cu56ion we agreed to adju6t the reque6t to the
amount indicated of $14,750.00.
Following my di6cu66ion6 with City 6taff, and the need to re-6ubmit the "late6t" round of
comment6 by March 27, 2006, we are proceeding with the work in anticipation of City approval
of thi6 reque5t. Plea5e let me know if you have any que6tion6.
Sincerely,
CURRIE SOWARDS AGUILA ARCHITECTS
J~Ia' AlA
Principal.
FORMERLY ROBERT a. CURRIE PARTNERSHIP, INC.' AlA FLORIDA FIRM OF THE YEAR 2000
1.34 Northeast I'lrsl Avenue 'DelrayBeach, Florlda.3.3444 '561-276-4951' l'a":561.24.3-8184 'AA0002271
www.currlearc.com
II
CURRIE · SOWARDS · AGUILA · ARCHITECTS
<0 _" ~ .....~ ...
Robert G. Currie, AlA
Jess M. Sowards, AlA
Jose N. Aguila, AlA
CURRIE SOWARDS AGUILA ARCHITECTS
CONSULTING SERVICE AUTHORIZATION
DATE: Marah 10. 2006
SERVICE AUTHORIZATION NO. Fourteen (14.1)polnt One FOR CONSULTING SERVICES
CITY P. O. NUMBER: CITY EXPENSE CODE:
TlTI.E: INTRACOASTAL (F.I.N.D.) PARK CSM # 021002
Thi5 Service Authorization. when executed, 6hall be incorporated in and 6hall become an Integral
part of the Agreement dated March 29. 1996, a6 amended, between the City of Delray Beach and
The Robert G. Currie partnel"6hip, Inc., dba Currie Soward5 Aguila ArchitectE;
PROJECT DESCRIPTION
Servlce5 generally con516t of preparation of permit and con6truction document6 for a boat
ramp park a5 detailed on the approved 5ite plan dated July 28. 2004, and approved by the
City Commi55ion. with commentE;, on December 6. 2004. Service5 will include permit and
con5truction document6, 5ubmittal to the City and other agencie5 for permit review,
a65i5tance during the bidding period. and limited con5truction admini5tratlon. Service6 will
generally include civil engineeri~, environmental con5ultl~, Iand5Caping and i~ation
6ervice6. architectural. 5tnJctural. electrical. mechanical, and plumbing 6ervlce6, The 5ite 15
located between the Intracoa5tal Waterway and U.S.#1. 60uth of the Delray Harbor Club.
and con516t6 of approximately 4.4 acre6. Thl6 amsndment provldee for additional funde
to (}()Ver additional esrvlcse coneldersa to "e a"ove what could have "een rB1160na"'e
antlolpated ae the projBCt WIle rmewsa by the varloue out:6lde agenol86 and addsa
projeo1; fsawne rSlfuHted by ths Ownsr and out:6lde agsnole6 having jurlt5dlctlon.
II SCOPE OF SERVICES
Service5 for thi5 project are anticipated to include the following:
1. Additional 5ite and topographic 5urvey5
2. Bathymetric 6urvey
3. Soil5 analY5i5 and percolation te5t
4. Mitigation plan
5. Preparation of water, 5ewer, paving and drainage permit and con6tructlon
document6
6. Preparation of permit and con6tnJction document6 for building. 5ite wall. and 51te
improvement6. to include architectural. electrical. mechanical. plumbing. 6tructural.
land5Caping and irr~ation 5ervice6
7. Preparation of document6 nece55ary for the repair (a5 needed) of the exl6ting 5ea
wall. and the addition of a new two 5lip boat ramp
8. Bidding and permit 5ubmlttal package for required agencle5 (review fee5 not
included) having juri5dlction.
9. Limited con5tructlon ob6ervatlon to Include re5pone;e to contractor'6 que6tion5.
5hop drawing review. and up to two 5ite v161t6 per month.
I"ORMERLY ROBERT G. CURRIE PARTNERSHIP, INC.' AlA FLORIDA FIRM OF THe yeAR 2000
1.:54 Northeast first Avenue' Delray Beach. Florida .:5.:5 44 4 . 561.276.495\ . fax: 561 -24.:5.81 84 . AAO 00227 \
www.currlearc.com
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III &UDGET
ItJdltlorwl ftJlltllWf~ by th. c:oneul'tlng englneere to cover additional rtMtIWfI and
Own.r moellflt:a'tlone af'6 a lump eum fee of Fourteen fhoueand Seven Hundred and Fifty
0011 are ('14,750.00) and No Cenu for a total pro/eet fee of One Hundred Twenty One
fhouellnd Five Hundrsel Dollare ('121.500.00) and No Cente. IncluJlng relmbureab/e
tlKp.ne.e.
IV COMPLETION DATE
Each T a5k will be completed in an expeditiou5 manner, con615tent with a written Notice to
Proceed from the City, and out6lde a!3enCie5 which are required to review and permit.
Thl6 Service Authorization i5 approved contin!3tmt upon the City'6 acceptance of and 6atlsfaction
with the completion of 6ervlce5 rendered in the previou5 phase or a5 encompa55ed by the previou6
Service Authorization. If the City in itt; oole di5Cretlon i5 un5ati5fied with the 5ervlce provided In
the prevlou5 pha5e or Service Authorization, the City may terminate the Contract without Incurrin!3
any further liability. The CONSULTANT may commence work on any Service Authorization approved
by the City to be Included a6 part of the Contract without a further notice to proceed.
Approved by:
CITY OF DELRAY BEACH
CURRIE SOWARDS AGUILA ARCHITECTS
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Date:
Attest:
Witne6s
STATE OF FLORIDA
COU NTY OF PALM BEACH
The followin!3 in5trument wa5 acknowled!3ed Before me this 10 Day of ~~ . 2006, by
J06e N. Aguila, of The Robert G. Currie Partnership, Inc., dba Currie Sowards Aguila Architects, a
Prof...lonal A..oclatlon. H. I. F"'r50nally kn~d did not tak. an oath.
_O~~.~
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Notary Public
My Commi65ion Expires:
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AGENDA ITEM NUMBER: )?0
AGENDA REQUEST
Date: March 16, 2006
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda
When:
March 21, 2006
Description of agenda item:
Staff requests Commission approval of Service Authorization 14.1 for Currie-Sowards-Aguila Architects in
the amount of $14,750, for provision of additional services in conjunction with permit submittals and site
improvement revisions for the proposed Intracoastal Park project. With this approval, total project
consulting fees are $158,450, representing approximately 7.4% of the current estimated construction cost of
$2,150,000. Funding for this request is available in General Construction Fund Account #334-4174-572-
63.90, Intracoastal Park.
ORDINANCEIRESOLUTION REQUIRED:
Draft of Resolution Attached:
YES
YES
NO
NO
x
X
Recommendation: Staff recommends approval of Service Authorization 14.1 to Currie-Sowards-
Aguila ArChitect~
O,partmentHeadSignature: ~ t.-~ ~(tlb(,
Determination of Consistency with Comprehensive Plan:
City Attorney ReviewlRecommendation (if applicable):
Budget Director Review
(required on all items involving expenditure of funds):
Funding available: r9
Funding alternatives (ifapplicable):
fh{
No
Account Number:
33l(,- l/17C(' 572.'3 -;u
(jUC {'Ohdlruc-n ~ /Ilffrttft)a ~/oJ ?OJJ1C I ~r
~//97~3S2/' /mpF{)V~-f
Account Description:
Account Balance:
City Manager Review:
Approved for Agenda:
9
1214
No
Hold Until:
Agenda Coordinator Review:
Received:
Action:
Approved:
Disapproved:
P.O. #
AGENDA ITEM NUMBER:
[ITY DF DElRAY BEA[H
CITY ATTORNEY'S OFFICE
2()() t\W i ,[ /\VEt\1 T" DFLRAY BEACH, FLORIDA 33444
: LLLPI!()NE :ih I '.~7i)')(). E\CSIMILE: 5611278-4755
Writer's Direct Line: 561/243-7091
DELRAY BEACH
F lOll IDA
tdad
AII.America City
, III I! ~;~E:
1993
2001
MEMORANDUM
March 14,2006
City Commission
FROM: Susan A. Ruby, City Attorney
SUBJECT: Block 77 - ih Amendment to Contract
The City is a third party beneficiary of the contract between the CRA and Block 77.
The CRA approved the amendment on March 9, 2006. Please place the
amendment which extends the contract until June 9, 2006 on the City Commission
agenda for approval.
Attachment
cc: Doug Smith, Assistant City Manager
Chevelle Nubin, City Clerk
Diane Colonna, Director of the Community Redevelopment Agency
D.J. Doody, Esq.
Steve Rubin, Esq.
go
Meeting Date:
Agenda Item:
March 9, 2006
~ Summary ~
Seventh Amendment to Contract - Block 77
The attached amendment to the CRA's contract with the Block 77 Group
provides for an extension of the contract date to June 9, 2006. The current
contract expires on March 10, 2006. The amendment would give the developer
additional time to address issues regarding changes in the ownership structure of
the partnership and the provision of a performance bond. Building permits have
been issued for construction of the garage on Block 69 and site work has begun.
Recommended Action:
Approve the Seventh Amendment to the contract with the Block 77 Group as
attached.
Submitted By:
Diane Colonna. Executive Director
SEVENTH AMENDMENT TO CONTRACT FOR SALE, PURCHASE, AND
DEVELOPMENT AGREEMENT
THIS SEVENTH AMENDMENT TO CONTRACT FOR SALE, PURCHASE
AND DEVELOPMENT AGREEMENT ("Seventh Amendment") amending that certain
Contract for Sale and Purchase dated January 11, 2000, by and between DELRA Y
BEACH COMMUNITY REDEVELOPMENT AGENCY, hereinafter referred to as
"Seller", and BLOCK 77 DEVELOPENT GROUP, LC, hereinafter referred to as
"Buyer", is made and entered into as of the date last executed by Buyer and Seller.
WITNESSETH:
WHEREAS, the parties have heretofore entered into that certain Contract for
Sale, Purchase and Development ("Contract"), as amended by that certain Amendment
dated the 12th day of December, 2002 (the "First Amendment") as further amended by
that certain Amendment dated the 27th day of February, 2003 (the "Second Amendment")
as further amended by that certain Amendment dated the 25th day of March, 2004 (the
"Third Amendment") as further amended by that certain Amendment dated the 28th day
of September, 2004 (the "Fourth Amendment") as further amended by that certain
Amendment dated the 10th day of March, 2005 (the "Fifth Amendment"), and as further
amended by that certain Amendment dated the 2nd day of November 2005 (the "Sixth
Amendment"), the Contract and all Addenda thereto being collectively referred to as the
"Contract";
WHEREAS, the Buyer has requested an extension of the Closing Date to June 9,
2006; and
WHEREAS, the parties wish to further amend the Contract in the manner set forth
in this Amendment. All capitalized terms not defined herein shall have the definition or
meaning ascribed to them in the Contract.
NOW, THEREFORE, in consideration of the mutual covenants and promises
herein contained, the parties herby agree as follows:
1. Section XIII, L of the Addendum to Contract, as previously amended in
the Third Amendment and the Fifth Amendment to Contract is further amended in its
entirety to read as follows:
L. The Closing of the herein contemplated transaction shall be held
on or before June 9, 2006, (the "Closing Date"). In the event the
Closing shall not have occurred before June 9, 2006, this Contract
shall automatically terminate, time being of the essence.
Page 1 of2
2. In all other respect, the parties hereto affirm and ratify the Contract and
the subsequent amendments, as hereby amended. All terms of the Contract not amended
herein shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Seventh
Amendment to Contract for Sale, Purchase and Development Agreement this _ day
of March, 2006.
Witnesses:
SELLER:
DELRA Y BEACH COMMUNITY
REDEVELOPMENT AGENCY, a body
corporate and politic
Print Name:
Print Name:
By:
Print Name
Title
BUYER
Print Name:
BLOCK 77 DEVELOPMENT GROUP, L C
By:
Print Name:
Print Name:
Title:
DNT:dnt
H:\2006\060052\06-03-06 Seventh Amendment.doc
Page 2 of2
f
01\
c,~
[ITY DF DElRAY IEA[H
CITY ATTORNEY'S OFFICE
2()1) NW l,t /\VI.:\I i . !'[ F\Y BFACH. FLORIDA 33444
ILLLPH()Nl. .~I,: , . !\CSIMILE: 561/278-4755
Writer's Direct Line: 561/243-7090
DELRAY BEACH
F lOR IDA
lIad
All-America City
, 1111 ! DATE
TO'
1993 .
2001
MEMORANDUM
March 16, 2006
City Commission
David Harden, City Manager
Yh
FROM:
Terrill C. Barton, Assistant City Attorney
SUBJECT: Amendment to Contract for Sale and Purchase of Property for
Carver Square Residents Jean Louis and Josette Saint
Fort
The attached Amendment No. 1 to the Contract for Sale and Purchase of land to
Carver Square residents, Jean Louis Saint Fort and Josette Saint Fort is amending
the original agreement by extending the date of expiration to May 31, 2006 to
allow the Buyers more time to obtain funding for the property.
Please place this item on the consent agenda for the Commission meeting on
Tuesday, March 21, 2006.
TCB:smk
Attachment
cc: Chevelle Nubin, City Clerk
~{)
,.
AMENDMENT NO.1 TO
CONTRACT FOR SALE AND PURCHASE
THIS AMENDMENT NO.1 to the contract dated November 28,2005 ("Agreement"),
between the CITY OF DELRA Y BEACH, FLORIDA, ("Seller") and JEAN LOUIS SAINT
FORT and JOSETTE SAINT FORT, a married couple, ("Buyers"), is hereby entered into this
_ day of
,2006, amends the Agreement as follows:
WIT N E SSE T H:
WHEREAS, the parties previously entered into a contract for the sale and purchase of a
parcel of land in Delray Beach, Florida; and
WHEREAS, the closing date will expire soon; however, the parties wish to extend the
closing date to the date as indicated in this Amendment.
NOW, THEREFORE, in consideration of the mutual promIses and covenants, the
parties agree as follows:
1. The closing date as stated in Paragraph V of the Agreement is extended to May
31,2006.
2. All other terms and conditions of the Agreement not 10 conflict with this
amendment shall remain in full force and effect.
Jean Louis Saint Fort
Josette Saint Fort
Date:
Date:
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this _ day of
, 2006 by Jean Louis Saint Fort, who is personally known to me or who
has produced as identification.
Signature of Notary Public
ST A TE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this _ day of
, 2006 by Josette Saint Fort, who is personally known to me or who has
produced as identification.
Signature of Notary Public
ATTEST:
CITY OF DELRA Y BEACH, FLORIDA
By:
City Clerk
Jeff Perlman, Mayor
Approved as to Form
and Legal Sufficiency:
City Attorney
2
1'''
/)
RESOLUTION NO. 82-05
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRA Y BEACH, FLORIDA, AUTHORIZING THE CITY
TO TRANSFER/SELL REAL PROPERTY IN THE CITY OF
DELRAY BEACH WHICH PROPERTY IS LOCATED AT 802
S.W. 3RD STREET, AS MORE PARTICULARLY DESCRIBED
HEREIN, TO LOUIS SAINT FORT AND JOSETTE SAINT
FORT, HIS WIFE, TO BE UTILIZED AS HOUSING AS PART
OF THE CARVER SQUARE RELOCATION PROJECT.
WHEREAS, the City of Delray Beach, Florida, desires to transfer/sell property located at
802 S.W. 3rd Street, for the purpose of providing housing as part of the Carver Square Relocation
Project; and
WHEREAS, the City acquired the property from the County as the result of unpaid
property taxes; and
WHEREAS, the City Commission has determined that it is in the best interest of the City
ofDelray Beach, Florida, to transfer/sell said property for the purpose described above; and
WHEREAS, the City Commission has determined that the transfer/sale of the property
described above will promote the general welfare of the residents of the Delray Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF TIIE
CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section I. That the City Commission of the City of Delray Beach, Florida, as Seller,
hereby agrees to transfer/sell the West 79 feet of the East 104 feet of the North ~ of the North ~
of the Southeast ~ of the Southeast ~ of the Southwest v.. of Section 17, Township 46 South,
Range 43 East, Delray Beach, Florida, less the N.2S' thereof, to Louis Saint Fort and Josette
Saint Fort, his wife.
Section 2. That the terms and conditions contained in the Contract for Sale and Purchase
and addenda thereto between the City of Delray Beach, Florida, and the Buyer as hereinabove
named are incorporated herein.
('
"',
PASSED AND ADOPTED in regular session on the \~ day of ~.
2005.
ATTEST:
~RZ4.
~ ~ . ~- ~\.~~~}
City Clerk
2
RES. NO. 82-05
"~
[IT' DF DElRAY IEA[H
CITY ATTORNEY'S OFFICE
_'!Ii) \,\\ 1,( .\\1 \:
JIII'Hi( ),\1'01.
'W BEACH, FLORIDA 33444
, i.\CSIl'v1ILE: 561/278-4755
Writer's Direct Line: 561/243-7090
DElRAY BEACH
II.Ie:d
All-America City
, 1111 ! DATE
1993 TO:
2001
MEMORANDUM
March 16, 2006
City Commission
David Harden, City Manager
~
FROM:
Terrill C. Barton, Assistant City Attorney
SUBJECT: Amendment to Contract for Sale and Purchase of Property for
Carver Square Residents Reginald Jonas and Elizabeth
T avlor
The attached Amendment No. 1 to the Contract for Sale and Purchase of land to
Carver Square residents, Reginald B. Jonas and Elizabeth Taylor is amending the
original agreement by extending the date of expiration to May 31, 2006 to allow
the Buyers more time to obtain funding for the property.
Please place this item on the consent agenda for the Commission meeting on
Tuesday, March 21,2006.
TCB:smk
Attachment
cc: Chevelle Nubin, City Clerk
~Q
AMENDMENT NO.1 TO
CONTRACT FOR SALE AND PURCHASE
THIS AMENDMENT NO.1 to the contract dated November 28, 2005 ("Agreement"),
between the CITY OF DELRA Y BEACH, FLORIDA, ("Seller") and REGINALD B.
JONAS, a single man, and ELIZABETH TAYLOR, a single woman ("Buyers"), is hereby
entered into this _ day of
, 2006, amends the Agreement as follows:
WIT N E SSE T H:
WHEREAS, the parties previously entered into a contract for the sale and purchase of a
parcel of land in Delray Beach, Florida; and
WHEREAS, the closing date will expire soon; however, the parties wish to extend the
closing date to the date as indicated in this Amendment.
NOW, THEREFORE, in consideration of the mutual promises and covenants, the
parties agree as follows:
1. The closing date as stated in Paragraph V of the Agreement is extended to May
31, 2006.
2. All other terms and conditions of the Agreement not 10 conflict with this
amendment shall remain in full force and effect.
Elizabeth Taylor
Reginald B. Jonas
Date:
Date:
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this _ day of
, 2006 by Reginald B. Jonas, who is personally known to me or who has
produced as identification.
Signature of Notary Public
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this _ day of
, 2006 by Elizabeth Taylor, who is personally known to me or who has
produced as identification.
Signature of Notary Public
ATTEST:
CITY OF DELRA Y BEACH, FLORIDA
By:
City Clerk
Jeff Perlman, Mayor
Approved as to Form
and Legal Sufficiency:
City Attorney
2
("
/")
RESOLUTION NO. 81-05
A RESOLUTION OF TIlE CITY COMMISSION OF TIlE CITY
OF DELRA Y BEACH, FLORIDA, AUTIlORIZING THE CITY
TO TRANSFER/SElL REAL PROPERlY IN TIlE CllY OF
DELRAY BEACH WHICH PROPERlY IS LOCATED AT 602
S.W. 1st STREET, AS MORE PARTICULARLY DESCRIBED
HEREIN, TO REGINALD B. JONAS, A SINGLE MAN, AND
ELIZABETH TAYLOR, A SINGLE WOMAN, TO BE
UTILIZED AS HOUSING AS PART OF THE CARVER
SQUARE RELOCATION PROJECT.
WHEREAS, the City of Delray Beach, Florida, desires to transfer/sell property located at
602 S.W. 1.t Street for the purpose of providing housing as part of the Carver Square Relocation
Project; and
WHEREAS, the City acquired the property from the County as the result of unpaid
property taxes; and
WHEREAS, the City Commission has determined that it is in the best interest of the City of
Delray Beach, Florida, to transfer/sell said property for the purpose described above; and
WHEREAS, the City Commission has determined that the transfer/sale of the property
described above will promote the general welfare of the residents of the Delray Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray Beach, Florida, as Seller, hereby
agrees to transfer/sell the North 100 feet of the East 135 feet of Block 14. Town of Linton (now
Delray), according to Plat Book I, Page 3, of the Public Records of Palm Beach County. Florida, to
Reginald B. Jonas, a single man, aod Elizabeth Taylor, a single woman.
Section 2. That the terms and conditions cootained in the Contract for Sale and Purchase
and addenda thereto between the City of Delray Beach, Florida, and the Buyer as hereinabove
named are incorporated herein.
("
"",
PASSED AND ADOPTED in regular session on the \~daY of ~
2005.
~f~
AlTEST:
~ 1\ ~\\. \) ~\~J.~
City Clerk
2
RES. NO. 81-05
[IT' DF DELIA' IEA[H
DELRAY BEACH
f l 0 It I () A
b'.ftI:II
AII.America City
, III I!
vA
vJ1
100 N.W. 151 AVENUE, DELRAY BEACH, FLORIDA 33444 ' 561/243-7000
MEMORANDUM
1993
2001
TO: David T. Harden
City Manager
FROM: ~obert A. Barcinski
Assistant City Manager
DATE: March 16, 2006
SUBJECT: AGENDA ITEM CITY COMMISSION MEETING
MARCH 21, 2006 APPROVAL SPECIAL EVENT REQUEST
8th ANNUAL GARLIC FESTIVAL
ACTION
City Commission is requested to endorse the Eighth Annual Garlic Festival to be held on
February 16th through 18th, 2007, to grant a temporary use permit per LDR's Section
2.4.6(H) for use of City rights-of-way to include NE 1st Avenue from Atlantic to the
grass area at Old School Square, Swinton Avenue from Atlantic to NE 1st Street, the
southwest section of the Old School Square parking lot and the City Hall and City
Attorney parking lots from 6:00 a.m. February 15th through 10:00 p.m. February 18th.
The City is also being requested to supply staff support for traffic control and security,
EMS assistance, barricading, banner hanging, signage preparation and installation and
clean up and trash removal. The request also includes a request to waive LDR's Section
4.6.7(D)(3)G)(ii) to allow event signage to be put up three (3) weeks before the event and
a request that the City obtain the use of the South County parking garage and Library
parking lot.
BACKGROUND
Attached is an event permit and letter from Nancy Stewart, Executive Director of Delray
Beach Arts, Inc., requesting City Commission to endorse the Eighth Annual Garlic
Festival, to use City rights-of-way, to place signage and banners up to three (3) weeks
before the event, and to provide staff support for security, barricading, clean up, banner
hanging, and other assistance including parking as outlined in the permit. The event
sponsor will be responsible for liability insurance, event management, and set up. The
overtime cost for this event is approximately $21,000, signage costs $250, and barricades
@ Printed on Recycled Paper
THE EFFORT ALWAYS MATTERS
~R-
Agenda Item
Page 2
$200 for a total estimate of $21,450. Based on Special Events Policies and Procedures
the event sponsor will be required to pay approximately $8,350. Proceeds from the event
will again be shared with volunteer organizations. This year approximately $46,000 was
given to volunteer organizations.
Attached also are an event budget, site plan, private security plan, proof of non-profit
status and information concerning event benefactors. The proposed site plan includes the
use of Swinton Avenue since space is being lost due to the construction of the parking
garage. Per my discussions with Mr. Callahan permission to use the Library parking lot
will not be given due to their needs. I will have to make a separate request to the County
for the use of the parking garage.
RECOMMENDATION
Staff recommends endorsement of the event, granting the temporary use permit, as
requested approval of staff assistance as requested with the following conditions:
. Receipt of event certificate of liability insurance and hold harmless agreement no
later than February 1,2007
. Receipt of certificate of liquor liability insurance no later than February 1, 2007
. Liquor cannot be served prior to noon on Sunday
. Event sponsor be required to provide on-site dumpster service for vendors
. Event sponsor be required to provide grease disposal barrels on-site for vendors
. Installation of event signage and banners to be hung no earlier than February 6'
2007
. Require all vendor equipment and fencing to be removed from City rights-of-way
no later than 7:00 a.m. February 19, 2007
. Require all other items to be removed form Old School Square site by 5:00 p.m.
February 19,2007
. A copy of a rental agreement with Old School Square be provided to the City no
later than 30 days prior to the event
. All trash and garbage to be removed from the event area by 7:00 a.m. February 19,
2007
RAB/tas
File:u:sweeney/eventsiDoc:Garlic Festival 2007
". ,I.,,,,...,,:c~t,l,~!!h,,,,~ ,.....,"",""""'!~,~.<!!!!Ii:\~"~l"I!ll~,!~'~~~l!''!\IiIlli!t''i,,~,,.,,''''J!~II,,~,...." """"J.~",,~L.t~''''''''''I''''"'~'''"''''''''.'''''''''''.'''''I:'''~''''''''''''1'''1'''''~
January 11, 2006
Mr. Bob Barcinski
City of Delray Beach
100 N.W. 1 Avenue
Delray Beach, FL 33444
Dear Bob,
I am submitting our request for approval for the 8th Annual Delray Beach Garlic Fest which
will be held on Feb. 16, 17 & 18, 2007. We are requesting these items to be added to the
City Commission agenda in February 2006 as we are soliciting sponsorship (and sell
space/location which will be a drastically different layout).
As we discussed last year, due to the construction of the Old School Square Parking Garage
we do not foresee having use of the Block 76 (previously CRA lot). We are requesting use of
Swinton Avenue in substitution for the loss of space (from Atlantic Avenue North to NE 1st
Street). This portion of the City would be closed from 6:00 am Thursday, February 15th
through midnight Sunday, February 18th, 2007. (With Old School Square Grounds closed
beginning Wednesday, Feb. 14th to be setup.)
We have redesigned our site plan to insure that all vendors, etc. that would be located on
Swinton could tear down completely after close of the event on Sunday, Feb. 18th. We have
also requested a $5,000 deposit from our food concessionaire to be held until clean-up is
completed, ensuring that the site is cleaned to the city's expectations.
This festival will again be a gated event with an admission fee of $8 per person. This
admission fee is charged in order to guarantee monetary contributions to volunteer and non-
profit organizations working our event. We recorded record attendance and charitable
contributions of $46,000 for the non-profit organizations last year.
Event dates are Friday, February 16, 2007 (5:00 pm -10:00 pm), Saturday, 17th, 2007 (11 :00
am to 10:00 pm) and Sunday, February 1811i (11 :00 am to 7:00 pm). In addition to this year's
event, we are requesting to reserve the following dates:
9th Annual (2008)............................ February 15, 16 & 17, 2008
10th Annual (2009).......................... February 20,21 & 22, 2009 (10th Annual!)
PARKING:
1) Courthouse/Library Parking Garage
2) CRA Parking lots 2, 3 & 4/ Block 60 North side of City Hall
3) City Attorney lot
Should you have any questions, please contact me at 274-4663. Thank you for your
consideration and support!
Sincerely,
"-1CuJe-y ~~
Nancy Stewart
Executive Director
Delray Beach Garlic Fest
PS - I've also induded a Hold Harmless Agreement, Parking Limit Waiver Request and Noise/Alcohol
Waiver Request
City Req Ltr 2007.doc
.
DELR~ BEACH
ARTS, INC.
-?~
./4A~ C ~..
, Y. II/.<:--
0/)Ai., / g <: ^
)." \),~? <-/
I/j'-) '" '~'f
-1,11 '.,
'1, . ;
Z') Z't;>
Delray Beach
Arts, Inc.
10 S.L 1st Avenue
Second Floor
Delray Beach
FL 33444
Sponsor Info
Tel: (561) 274.4663
Vendors &.. General Info
Tel: (561) 279-0907
Fax: (561) 274-6129
www.dbgarlicfest.com
DElRAY BEACH
~
All AJtllbn
'lilt
1993
2001
City of Delray Beach
Special Event Permit
Application
PLEASE PRINT
Event Approved/Denied Date of Approval/Denial
Approved/Denied by Title
1. Event NamelTitle: 8+h A~Y'\\J~\ Df:. \(0.\..\ 6z..0-~ 00., \1. '- ~~r
2. Event Date(s): ~ @;:) \~, \\ \ \ \:\ ~ ~ I Event Time(s):
3.
4.
5.
6.
7.
8.
3~'-i'4 '-{
(If neighborhood
question #36)
Sponsor Category: (please check) City 0 Non-Profit/Charitable ~ Private 0
C9- Sponsor - Non-Profit/Private 0
~f Non-profit attach proof of 501c(3), c(4), c(6), c(10) or c(19))
Event location/Address: Grou"ct.:> 0(:. 0 (d. ~c..hoo' 6G2uo.r-e
9.
10.
no
Site plan attached:
/fSite plan required for entire event site)
Event budget attached:
(Required for all events)
Serving or selling alcoholic beverages: yes)( no
(If yes, copy of license and alcohol liability insurance required two (2) weeks prior
to event)
Event certificate of insurance attached: yes no 'X
(Required two (2) weeks prior to event naming the City as additional insured, also
required for vendors)
Playing of amplified music:
(Waiver required)
Requesting Police assistance:
(Traffic control/security)
12.
13.
14.
15.
16.
1
yes X
yes X
no
yes
)(
no
yes.>( no
(~+(Cc..{ - ~r,~o.k-t:. Slt.c.ue d-~
CQ ~ \"r<^ c. -t"t: d... a...\ ~o ')
yes
x
)(
X
X
'>(
17. 'Dfill supplement with private security:
vf" yes, need plan attached)
Requesting Emergency Medical assistance: yes
Requesting barricade assistance: yes
Requesting trash removal/clean up assistance: yes
Requesting trash boxes and liners: yes
Requesting stage use: yes
(" yes, check type)
Large stage covered 0 Large stage no cover 0 Small stage 0 Half small
stage 0
Requesting signage: yes)( no
Type: Event sign C4'X4; ./ Directional signs )( ~ '
Banner hanging Cff V Indicate dates required ;'eh.l I ~l ~OOI
(Waiver required if more than one (1) week prior to event)
Food and beverage vendors: yes X 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 )'leek prior to thJ, event I 0 ( 00
(--rct {Ju ro Gr~ (Y\ Cl -:584- ICi'd?
Ci rt'. _ a v cJJ/\ o....QJ2 , ":3 0 I I
Health Department approval: see attached) yes no
Other vendors: yes no
Tents: yes "it' no
(" yes, tent permits and fire inspections maybe needed)
Will the event include amusement rides? requiring state approval?
yes X no
(" 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)
IIV ::>u RC<. n '-L .3 vu E.. f-f!.. S p,e, oR..
NF,.' !50{~80(-{&;tl
no
18.
19.
20.
21.
22.
no
no
no
no
no X
23.
24.
25.
26.
27.
28.
29.
x.
no
Will the event be gated?
""'(Show on-site map)
Will there be fireworks or other pyrotechnics? yes
(" yes, contact Fire Marshall)
Will there be cooking with compressed gas? yes)( no
(" yes, contact Fire Marshall)
32. Will you be providing port-a-Iets for the event? yes X no
/(" yes, locate on-site map. "no, indicate how you will handle restroom
needs) ~
Will there be a charge for the event? Byes
(" yes, indicate ticket prices)
Is reserved parking requested?
(" yes, indicate locations)
yes
30.
)(
no
31.
33.
^
J(
l tA.\ cu- J
no
34.
no
yes
(~ COv UZ-
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.
'C2tifJ~/i;;/.jt!:!:!:!-~ I .;l . .;} ( . oS
Event Contr ct ~/Coordinator Date
Please print: NANCAj v. S1-E u....;a..te---!-
Please enclose the appropriate non-refundable application fee payable to the City of
Delray Beach, 100 N.W. 1st Avenue, Delray Beach, Florida 33444.
For Staff Use Only.
Date Received / q Application fee received
Site map
Budget V
Certificate of insurance
Hold Harmless agre~ent V""'"
Security plan v
Waiver alcoholic beverage v.J
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
W
$ rJ(f).
~~J
3
2007 Delray Beach Garlic Fest Proposed Budget
Ordinary BREAKDOWNI 2007
Revenues Jan - Dee 07 DETAIL BUDGET
Admissions (25,000 paid @ $8 ea) 200,000.00
Membership
Contracted Service Revenues
other Revenue 123,200.00
Chair Rental Income 1,000.00
Alcohol Sales 40,000.00
Mercantile Area 2,500.00
TentlTable Rental 2,700.00
Vendor Fee Income 30,000.00
Food Income (25% of oross) 30,000.00
Rides/Children's Area (15% of gross) 17,000.00
Corporate Contributions 56,000.00
SDonsorshiD 56,000.00
Foundation Grants
other Private Support
Government Grants-Federal
Government Grants-State
Government Grants-Local
(not TDC/PBCCC) 6,000.00
Recreation Assistance Grant 5,000.00
Community RedeveloDment Aoencv 500.00
Downtown Development Authoritv 500.00
Category B or C Grant 5,000.00
Applicant Cash
Total Revenue 390,200.00
2007 Delray Beach Garlic Fest Proposed Budget
Ordinary Jan - Dec 07 BREAKDOWN! 2007
Expenses DETAIL BUDGET
Personnel-AdminlTech/Artistic 53,900.00
Office Staff Person-Full Time 30 000.00
Vendor Coordinator 1,400.00
Event Coordination 2,500.00
Executive Director 10,000.00
CFO 10000.00
Personnel-Marketing
Outside Professional Services- 88,000.00
Artistic
Graphic Design 8,000.00
Photographer 1 500.00
Entertainment (National Acts, booking 77,000.00
fee, sound & Iiahts)
Web Desian 1 500.00
Outside Professional Services-
Marketina
Outside Professional Services- 94,350.00
Other
City Services 16,100.00
(Fire, Police, P&R Public Works)
Contract Labor (Operations, Emcee, 19,100.00
Cash Room, Intern, Garlic Chef Stadium,
Bars,)
Private Security 7 500.00
Stage T echs 2,800.00
Professional Fees (Accounting. Leaal) 2 850.00
Volunteer Contributions 46,000.00
Atlantic High Eagle-ettes
Banyan Creek Elementary School
Boy Scout Troop 301
Caring Kitchens
Children, Hope & Horses
Corebridge Educational Academy
Delray Beach Police Explorers
Defray Beach Public Library
Defray Rangers Travel Baseball Assoc.
Morikami Park Elementary School
Project Thanksgiving/United Way
The Miracle League
Delray Business Partners (Chamber
Leads Group)
Space Rental for Program 8,250.00
Rent/Mortaaae 8,520.00
Office Rent 6,600.00
Storage Rent 1,920.00
Marketing/Advertising 18,111.00
Advertisina Fee 4 000.00
Annual Report Filing 61.00
Street Banners 2 000.00
Billboard 500.00
Printina 3 050.00
Signage 500.00
Television Ads 4,250.00
Newspaper/Special Section 3,500.00
Web Hosting 250.00
TravellSupplieslOther 13,794.00
Hotel rooms-National Acts 3 500.00
Hotel rooms-Staff 1,294.00
Office Supplies 7,000.00
Meals-Staff-Meetings 2 000.00
2007 Delray Beach Garlic Fest Proposed Budget
Remalnina Operatina Expenses 105,275.00
Apparel 7,600.00
Nol. shirts, hats, staff, mercantile items)
Automobile eXDense 500.00
Bank Service CharaeslFees 1,025.00
Beer cost 12.000.00
liQuor cost 15,000.00
GeneratorslPower 12,000.00
Fencing 5,000.00
Mailing. deliverv fees 1 850.00
Dues & SubscriPtions 100.00
Education/Seminars 500.00
Equipment Rental (Diesel fuel, port-a- 33,300.00
lets, repairs. tents, tables, chairs, tower
lights, fencing)
Garlic Chef Stadium (aprons, food, 5,950.00
supplies orize monev, troohies\
Ice 1,000.00
Insurance 4 550.00
licenses & Permits 300.00
Cleanina Service 300.00
Repairs (ComDuter, eauiDmentY 1,300.00
T eleDhone 2,500.00
VIP PartY (Entertainment, bartendel) 500.00
Total Expenses 390,200.00
2007 Delray Beach Garlic Fest Proposed Budget
:~~"''''''1"'',.",Il.~~,.,"~ ,Jij.,~~,l""""'> ,.,./,tj.U,..t.IIll'~''I'',,,,,4,.Jl~J,I'''''''''''''''''''>~'~''1'',,,,,",,,,,I~;;.1~''~'''r,.""',..,,,' "'",".l.",~",,,,,.,,,..,,,,,,,,~,,,, .",.".,,J"""f""""'1'C,,,!;1,)1
. .' .' ." - .' ,- : -, "
.
October 12,2005
MR. MICHAEL JOHNSON
MGMT4
19462 SW 68 Street
Pembroke Pines, FL 33332
REF: 7th Annual Delray Beach Garlic Fest
(Nov. 11, 12 & 13, 2005)
Thursdav. Nov. 10. 2005
Night
Fridav. Nov. 11. 2005
Supervisor
Main Gate (Atlantic Ave.)
2nd Ave Gate
2nd Ave Gate (Vol area)
Back Stage
Back Gate (stage)
Cash Room
Patrol 1 (inside event)
Patrol 2 (inside event)
Patrol 3 (inside event)
Night
Satunjav.Nov.12.2005
Supervisor
Main Gate (Atlantic Ave.)
2nd Ave Gate
2nd Ave Gate (Vol area)
Back Stage
Back Gate (stage)
Cash Room
Patrol 1 (inside event)
Patrol 2 (inside event)
Patrol 3 (inside event)
Night
Sundav.Nov.13.2005
Supervisor
Main Gate (Atlantic Ave.)
2nd Ave Gate
2nd Ave Gate (Vol area)
Back Stage
Back Gate (stage)
Patrol 1 (inside event)
Patrol 2 (inside event)
Patrol 3 (inside event)
Cash Room
HOURS
2 armed
1
1
1
1
1
1
1
1
1
1
2 armed
1
1
1
1
1
1
1
1
1
1
2 armed
1
1
1
1
1
1
1
1
1
1
~oo5 5tcurt+j
OU+\\~
7:00 pm - 6:00 am
11 :00 am -10:00 pm
3:00 pm -10:00 pm
3:00 pm - 10:00 pm
3:00 pm - 10:00 pm
11:00 am -10:00 pm
11 :00 am - 10:00 pm
4:00 pm -11:00 pm
3:00 pm - 10:00 pm
3:00 pm - 10:00 pm
3:00 pm - 10:00 pm
9:00 pm - 6:30 am
9:00 am -1:00 am
9:00 am -10:00 pm
9:00 am - 10:00 pm
9:00 am - 10:00 pm
11:00 am -10:00 pm
9:00 am - 10:00 pm
11 :00 am - 1:00 am
9:00 am - 10:00 pm
9:00 am -10:00 pm
9:00 am - 10:00 pm
9:00 pm - 6:30 am
9:00 am - 10:00 pm
10:00 am - 7:00 pm
10:00 am -7:00 pm
9:00 am - 5:00 pm
11:00 am -7:00 pm
9:00 am - 7:00 pm
9:00 am -10:00 pm
9:00 am -10:00 pm
9:00 am -10:00 pm
10:00 am - 10:00 pm
TOTAL
.
DELRA BEACH
ARTS, INC.
22
11
7
7
7
11
11
7
7
7
7
19
16
13
13
13
11
13
14
13
13
13
19
13
9
9
8
8
10
13
13
13
12
383
Delray Beach
Arts, Inc.
10 S.L 1st Avenue
Second Floor
Delray Beach
FL 33444
Sponsor Info
Tel: (561) 274-4663
Vendors &. General Info
Tel: (561) 279-0907
Fax: (561) 274-6129
www.dbgarlicfest.com
> .
'"\
DEPARTMENT OF rHE TREASURY
.INTERNAL REVENUE SERVICE
PHILADELPHiA PA 19255-0023
x
DATE OF THIS NOTICE: 05-05-2003
NUMBER OF THIS NOTICE: CP 575 E
EMPLOYER IDENTIFICATION NUMBER:
FORM: SS-4 NOBOD
81-0609320
5Q( c.(4)
FOR ASSISTANCE CALL US AT:
1-800-829-0115
DELRAY BEACH ARTS INC
Yo NANCY J STEWART
10 SE 1ST AVE 2ND FL
DELRAY BEACH FL 33444
OR WRITE TO THE ADDRESS
SHOWN AT THE TOP LEFT.
IF YOU WRITE, ATTACH THE
STUB OF THIS NOTICE.
WE ASSIGNED YOU AN EMPLOYER IDENTIFICATION NUMBER (EIN)
Thank you fQr your Form SS-4, Application for Employer Identification Number
(EIN). We assigned you EIN 81-0609320. This EIN will identify your business account,
tax returns, and documents even if you have no employees. Please keep this notice in
your permanent records.
Use your complete name and EIN shown above on all federal tax forms, payments and
~related correspondence. If you use any variation of your name or EIN, it may cause
a delay in processing and may result in incorrect information in your account. It also
could cause you to be assigned more than one EIN.
If you want to apply to receive a ruling or a determination letter recognizing
your organization as tax exempt, and have not already done so, you should file Form
1023/1024, Application for Recognition of Exemption, with the IRS Ohio Key District
Office. Publication 557, Tax Exempt Status for Your Organization, is available at
most IRS offices and has details on how you can apply .
Division of Corporations
Page 1 of2
.
Florida Non Profit
DELRA Y BEACH ARTS, INC.
PRINCIPAL ADDRESS
lOSE 1ST AVE.
2ND FLOOR
DELRA Y BCH FL 33444
Changed 01/0512006
MAILING ADDRESS
10 SE 1ST AVE.
2ND FLOOR
DELRA Y BCH FL 33444
Changed 01/0512006
Document Number
N03000001920
FEI Number
810609320
Date Filed
03/04/2003
State
FL
Status
ACTIVE
Effective Date
NONE
egIS ere ..gen
I Name & Address I
NANCY, STEWART
10 SE 1ST AVE
2ND FLOOR
DELRA Y BCH FL 33444
I Name Changed: 01/05/2006 I
I Address Changed: 01/05/2006 I
R . t
dA
t
I Name & Address II Title I
RYAN, BERNARD D
8001 ARLINGTON PL.
w. PALM BCH FL 33405
I STEWART, NANCY II D I
227 S SWINTON AVE
Officer/Director Detail
http://www.sunbiz.org/scripts/cordet.exe?al =DETFIL&nl =N03000001920&n2=NAMFW... 2/8/2006
Division of Corporations
Page 2 of2
II
DELRA Y BCH FL 33444
II
II
nnua epo s
I Report Year II Filed Date I
I 2004 II 07/16/2004 I
I 2005 II 03/14/2005 I
I 2006 II 01/05/2006 I
A
lR
rt
Previous Filing Return to List I
No Events
No Name History Information
Next Filing. I
Document Images
Listed below are the images available for this filing.
01/05/2006 -- ANNUAL REPORT
03/14/2005 -- ANN REPIUNIFORM BUS REP
07/16/2004 -- ANN REPIUNIFORM BUS REP
03/11/2004 -- ANNUAL REPORT
03/04/2003 -- Domestic Non-Profit
THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT
http://www.sunbiz.org/scripts/cordet.exe?al =DETFIL&nl =N0300000 1920&n2=NAMFW... 2/8/2006
ki...~W1
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DELRAV BEACH
ARTS, INC.
2005 DELRAY BEACH GARLIC FEST
BENEFACTORS
(~ indicates tt' Annual Delray Beach Garlic Fest Benefactors)
~Atlantic High School Eagle-ettes
~ Banyan Creek Elementary School
~ Boy Scout Troop 301
~Caring Kitchen/Community Food Pantry
~Children, Hope & Horses
~Corebridge Educational Academy
~ Del ray Beach Police Explorers
~Delray Beach Public Library
~Delray Rangers Travel Baseball Association
~ Morikami Park Elementary School
~ Project Thanksgiving
~ The Miracle League
~ Young Singers of the Palm Beaches
~ Del ray Business Partners Chamber Leads Group
(on behalf of the Community Food Pantry)
2005 Contributions $46,000.00
~ro
BENEFACTORS TO DATE
505 TEEN CENTER - DELRAY BEACH YOUTH COUNCIL
ATLANTIC HIGH FOOTBALL TEAM
ATLANTIC HIGH JUNIOR VARSITY GIRLS BASKETBALL
AVDA (AID TO VICTIMS OF DOMESTIC ASSAULT
BOYNTON BEACH COMMUNITY HIGH SCHOOL TIGERETTES
BOYNTON/DELRAY EXCHANGE CLUB
CARVER MIDDLE SCHOOL
CITY OF DELRAY BEACH
COMMUNITY REDEVELOPMENT AGENCY
DELRAY BEACH CHAMBER OF COMMERCE EDUCATION FOUNDATION
FUTURE BUSINESS LEADERS OF AMERICA
HAVEN FOR ABUSED CHILDREN
HOSPICE OF PALM BEACH COUNTY
MILAGRO CENTER
OLD SCHOOL SQUARE EDUCATION MENTORING PROGRAM
PINE GROVE SCHOOL OF THE ARTS
PINEAPPLE GROVE - DELRAY BEACH
PINEAPPLE GROVE ART WALK
ROSA TUSA SCHOLARSHIP FUND
ST. VINCENT FERRER CATHOLIC CHURCH
UNITY OF ATLANTIC HIGH SCHOOL
X10 DANCE TEAM
Total Contributions to Date = $135,486.67
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100 N.W. 1st AVENUE. DELRAY BEACH, FLORIDA 33444.561/243-7000
MEMORANDUM
1993
2001
TO: David T. Harden, City Manager
FROM: ~bert A. Barcinski, Assistant City Manager
SUBJECT: Agenda Item #~S City Commission Meeting March 21, 2006
Approve Property Lease Amendment - Head Start
DATE:
March 16, 2006
ACTION
City Commission is requested to approve the attached Amendment #1 to the Lease
Agreement between the City and Palm Beach County for property leased at the Catherine
Strong Center for the Head Start Program.
BACKGROUND
Attached is a letter request to extend the property lease between the City of Delray Beach
and Palm Beach County for City property the County leases at Catherine Strong Center
for the Head Start Program. The Amendment requests a five (5) year extension.
Although Mr. Helmich's attached letter indicates that the current lease expires April 30,
2006 the current lease does not expire until July 22, 2006. Mr. Helmich would like to get
approval now from the City to allow him enough time to process this amendment through
the County approval process.
The original lease was dated July 23, 1996 and the County and City agreed to a five (5)
year renewal in 2001.
The reason for the extension is to allow the City and County to have enough time to work
out the proposed land swap.
RECOMMENDATION
Staff recommends approval of Amendment #1 to the Lease Agreement between the City
and Palm Beach County for the property being leased at the Catherine Strong Center for
the Head Start Program.
RAB:tas
File:u:sweeney/agenda
Doc:Agenda Lease Amendment Head Start
@ Printed on Recycled Paper
THE EFFORT ALWAYS MATTERS
Facilities Development &.
Operations Department
Property &. Real Estate
Management Division
3200 Belvedere Road
Building 1169
West Palm Beach. FL 33406-1544
(561) 233-0200
FAX: (561) 233-0210
www.pbcgov.com/fdo
.
Palm Beach County
Board of County
Commissioners
Tony Masilotti. Chairman
Addie L. Greene. Vice Chairperson
Karen T. Marcus
Jeff Koons
Warren H. Newell
Mary McCarty
Burt Aaronson
County Administrator
Robert Weisman
February 27,2003
fr~
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City of Delray Beach
Robert A. Barcinski
Assistant City Manager
lOON. W. 1st Avenue
Delray Beach, FL 33444
RE: Lease Agreement (R96-984D)
Dear Mr. Bob:
Pursuant to our phone call, I am writing you regarding the approximate one
acre of ground fronting on 6th Street the County leases from the City. The
County has placed modular classrooms on the site which serve as the Delray
Beach Head Start Center. The lease expires April 30, 2006. As the lease
contains no additional extension periods, it is necessary to amend the lease in
order to extend the term. Because the County and the City are in discussions
regarding a land swap which involves this parcel, we have simply extended the
term for five years, but allowed for the lease to be cancelled at any time with a
90 day notice. This document has been approved by the County Attorney.
Please find enclosed three copies of the agreement, one for your records and
the remaining two which need to be executed and returned to me. Upon return
of the documents I will present them to the Board of County Commissioners
for approval and return one fully executed copy to you.
I have enclosed a copy of the original lease in order to save time in the
reviewing process on your end. Please keep me apprised as to the time frame I
can expect the return of the two signed documents. I appreciate your effort and
those of your colleagues in this regard.
Please do not hesitate to contact me by telephone at 561-233-0237 or e-mail
Ihelmich@pbcgov.com should you have any questions regarding this matter.
"An Equal Opportunity
Affirmative Action Employer"
@ printed on recycled paper
cc: Richard C. Bogatin, Manager, Property Management
G:\Property Mgmt SectionlOut LeaselDelray Bch Headstart FaclLetter to Delray-Barcinski 2-27-06.doc
AMENDMENT NUMBER ONE TO LEASE AGREEMENT
THIS AMENDMENT NUMBER ONE TO LEASE AGREEMENT (the
"Agreement") made and entered into , 2006 by and between the
CITY of DELRA Y BEACH, FLORIDA, a Florida municipal corporation, hereinafter
referred to as "Lessor" and PALM BEACH COUNTY, a political subdivision of the State
of Florida, on behalf of the Department of Community Services, Head Start and Children
Services Division, hereinafter referred to as "Lessee".
WITNESSETH:
WHEREAS, Lessor and Lessee entered into an Agreement dated July 23, 1996
(R96-984D), for the lease of Premises to be used for the establishment and operation of a
child day care center, business office, meeting room and recreational center in
conjunction with its Head Start child care and development program as described in the
Agreement; and
WHEREAS, the Term of the Agreement, as extended by the Renewal of Lease
Agreement dated April 3, 2001 (R2001-0481), currently expires on July 22,2006; and
WHEREAS, the parties desire to extend the Term of the Agreement for an
additional five (5) year period commencing on July 23,2006 and extending through July
22,2011.
NOW, THEREFORE, in consideration of the Premises as hereinafter defined
and the mutual covenants hereinafter set forth, the Agreement is amended as follows:
1. The recitals set forth herein above are true and correct and incorporated herein
by reference.
2. The Term of this Agreement is hereby extended for a period of five (5) years
commencing on July 23,2006 and expiring on July 22, 2011.
3. Notwithstanding the foregoing or anything in the Agreement to the contrary,
County may cancel this Agreement for any reason upon ninety (90) days prior
written notice to Lessor, whereupon the parties shall be relieved of all further
obligations hereunder.
4. Except as specifically modified by this Amendment Number One, all of the
terms and conditions of the original Agreement remain unmodified, in full force
and effect and are hereby ratified by the parties.
, ,
I' ·
IN WITNESS WHEREOF, the parties hereto have executed this Amendment
Number One To Lease Agreement on the day and year first written above.
ATTEST:
LESSEE:
SHARON R. BOCK
CLERK & COMPTROLLER
PALM BEACH COUNTY, a
political subdivision of the State of Florida
By:
Deputy Clerk
By:
Tony Masilotti, Chairman
Date:
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
APPROVED AS TO TERMS
AND CONDITIONS
By:
Assistant County Attorney
By:
Audrey Wolf, Director
Facilities Development & Operations
LESSOR:
ATTEST:
CITY OF DELRA Y BEACH
By:
City Clerk
By:
Mayor
Date:
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
By:
City Attorney
G:\Property Mgmt Section\Out Lease\Delray Bch Headstart Fac\Amendment One to Lease Agr HF App
02.27.06.doc
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER 1/f./{
SUBJECT: AGENDA ITEM # ~\ - REGULAR MEETING OF MARCH 21, 2006
REPORT OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
DATE:
MARCH 17, 2006
Attached is the Report of Appealable Land Use Items for the period March 6, 2006 through March 17,
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 C1erk\agenda memos\apagmemo 032106
FROM:
DAVI~~ MANAGER
PAUL DORLlNG, DIRE OR O~JPLANNING AND ZONING
JASMIN ALLEN, PLA NER ~/1k1 ~
MEETING OF MARCH 21, ~6 *CONSENT AGENDA *
REPORT OF APPEALABLE LAND USE ITEMS MARCH 6, 2006 THRU MARCH
17,2006
TO:
THRU:
SUBJECT:
The action requested of the City Commission is review of appealable actions which were made
by various Boards during the period of March 6, 2006 through March 17, 2006.
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.
No Regular Meeting of the Planning and Zoning Board was held during this period.
A. Approved (6 to 0, Christina Morrison arrived late), a request for an exception to the master
sign program for Florida Capitol Bank, located within The Plaza at Delray, at the northeast
corner of South Federal Highway and Linton Boulevard (1560 South Federal Highway).
B. Approved (6 to 1, Andrew Youngross dissenting), a request for a free standing sign for
Commerce Bank within the Delray Town Center, located at the northeast corner of Linton
Boulevard and Military Trail (4975 Linton Boulevard). Concurrently, the Board approved with
conditions (7 to 0), a Class I site plan modification associated with architectural elevation
changes.
C. Approved (7 to 0), a Class I site plan modification associated with architectural elevations
changes for Michael's Way (fka Seagate Villas), located at the northeast corner of Seasage
Road and Bucida Road.
City Commission Documentation
Appealable Items Meeting of March 21, 2006
Page 2
D. Approved with conditions (7 to 0), a Class I site plan modification associated with architectural
elevation changes and extensive internal renovations for Tarpon Bend, located on the south
side of East Atlantic Avenue, east of SE 2nd Avenue (290 East Atlantic Avenue).
E. Approved (6 to 0 Andrew Youngross stepped down), a Class I site plan modification of the
architectural elevations associated with the sales trailer within the Gramercy Square
development, located on the west side of Military Trail, south of West Atlantic Avenue (14901
South Military Trail).
F. Approved (6 to 1, Christina Morrison dissenting), a Class II site plan modification associated
with architectural elevation changes and landscape improvements for Palm Terraces, an
existing multiple family residential development located at the southwest corner of Bond Way
and Palm Trail (1000 Palm Trail).
G. Approved (6 to 1, Christina Morrison dissenting), a Class II site plan modification associated
with architectural elevation changes and landscape improvements for Hammock House, an
existing multiple family residential development located on the west side of NE 9th Avenue,
north of George Bush Boulevard (1014 NE 9th Avenue).
H. Approved (5 to 1, Christina Morrison dissenting and Dan Carter stepped down), a twenty-four
(24) month extension (expires April 14, 2008) for Astor (fka Villas in the Grove) a mixed-use
project, located at the northeast corner of Pineapple Grove Way and NE 1st Street.
. Recommended approval (5 to 0, Linda Lake and John Miller absent), of the City initiated
amendment to the Land Development Regulations Sections 2.4.6(E) and 4.6.19 and
Appendix "A" regarding the designation and protection of "historic trees".
· The Board's motion to approve the proposed moratorium as recommended in the staff report
failed on a 1 to 4 vote (Francisco Perez-Azua, Maura Dersch, Randee Schatz and Michelle
Reich dissenting). The Board recommended that the effective date of the moratorium coincide
with second reading of the enacting ordinance (not March 6, 2006) and felt that the penalties
contained in the ordinance were extreme.
The items noted above are not appealable and will be forwarded to the City Commission for
action.
1. Tabled at the request of the applicant (4 to 0, Randee Schatz, left the meeting), a request for
a Certificate of Appropriateness associated with the new construction of a two-story single
family residence for North Del-Ida Estates Lot 2 - 116 NE 7th Street (formerly 106 NE ih
Street).
2. Continued with direction (4 to 0), a request for a Certificate of Appropriateness associated
with the new construction of a two-story single family residence for North Del-Ida Estates
Lot 1 - 112 NE 7th Street (formerly 106 NE ih Street). The Board directed the applicant to
break up the east elevations, reduce the square footage to meet compatibility along the street
and modify the roof line to reduce massing.
City Commission Documentation
Appealable Items Meeting of March 21,2006
Page 3
3. Continued with direction (4 to 0), a request for a Certificate of Appropriateness associated
with the new construction of a two-story single family residence for North Del-Ida Estates
Lot 4 - 111 NE 6th Street (formerly 106 NE ih Street). The Board requested that the
applicant revise the plans to address the staff's recommendations as contained in the staff
report.
By motion, receive and file this report.
Attached: Location Map
MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGERlfJt1
AGENDA ITEM # ~ U - REGULAR MEETING OF MARCH 21, 2006
AWARD OF BIDS AND CONTRACTS
TO:
SUBJECT:
DATE:
MARCH 17, 2006
This is before the City Commission to approve the award of the following bids:
1. Purchase award to Westco Turf Supply, Inc. in the amount of $33,104.92 via
the Florida State Contract #515-630-03-1 for the purchase of two (2) Model
#30344 Toro Groundsmaster 3280-D Rotary Mowers for Parks
Maintenance. Funding is available from 001-4138-572-64.90 (General
Fund/ Other Machinery/Equipment).
2. Bid award to Midnight Sun Tours, in the estimated annual amount of
$73,311.00 for bus rental and driver services for the Parks and Recreation
Department. Funding is available from 001-4127-572-55.30 (General
Fund/Youth Football), 115-4912-572-55.30 (Special Projects Fund/Youth
Football), 001-4105-572-44.90 (General Fund/Out of School Program/
Lease Costs), 001-4121-572-44.90 (General Fund/Athletics & Special
Events/Lease Costs), 001-4127-572-44.90 (General Fund/Pompey Park/
Lease Cost), 001-4119-572-44.90 (General Fund/Teen Center/Lease Cost),
and 001-4111-572-44.90 (General Fund/Parks & Recreation Administration/
Lease Costs).
3. Bid award to Harcross Chemicals for the purchase of hydrofluorosilicic acid
at an estimated annual cost of $31,730.00 for the Water Treatment Plant.
Funding is available from 441-5122-536-52.21 (Water/Sewer Fund/
Chemicals) FY 06/07.
4. Purchase awards via the Florida Sheriffs' Association Contract #04-12-0823
Rollover to Garber Ford in the amount of $20,921.00 for one (1) 3f.t Ton
Pickup Truck for the Parks & Recreation Department; and award to Classic
Chevrolet in the amount of $12,038.00 for one (1) Compact Pickup Truck
for the Community Improvement Department. Funding is available from
001-4138-572-64.20 (General Fund/Automotive) and 001-2741-524-64.20
(General Fund/Automotive).
5. Purchase award to CDWG, Inc. in the amount of $25,777.00 via the State of
Florida Contract for the purchase of the HP MSL6030 Tape Library.
Funding is available from 334-6111-519-64.11 (General Construction
Fund/Computer Equipment).
Recommend approval of the above bids and purchases.
S:\City Clerk\agenda memo\Bid Memo 032106
MEMORANDUM
FROM:
David Harden, City Manager
Jacklyn Rooney, Purchasing Manager ~L_
Joseph Safford, Finance Director U
TO:
THROUGH:
DATE:
March 13,2006
SUBJECT:
DOCUMENT AnON - CITY COMMISSION MEETING
MARCH 21, 2006 - PURCHASE AWARD OF TWO (2)
TORO GROUNDSMASTER ROTARY MOWERS FROM
WESCO TURF SUPPLY VIA FLORIDA STATE CONTRACT
Item Before Commission:
City Commission is requested to approve award to Wesco Turf Supply for the purchase of two
(2) Model #30344, Toro Groundsmaster 3280-D with 72" Recycler Deck via the Florida State
Contract #515-630-03-1 for the total amount of $33,104.92 per the attached requisition #124540
from Parks Maintenance.
Background:
The Parks and Recreation Departments is in need of two (2) mowers for the Cultural Division
which includes Catherine Strong, Boy Scout Hut, Bexley Park and Cornell Park. These Toro
Grounmaster Mowers Model #30344 are available from Wesco Turf Supply via the Florida State
Contract #515-630-03-1 for $16,552.46 each which includes the Florida State Discount of
$4,400.02 each for a grand total price of $33,104.92. The purchase order is to be issued to
Wesco Turf Supply with shipment and service to be provided by Hector Turf who is the local
vendor in South Florida Area and has agreed to extend the Florida State Contract pricing to the
City of Delray Beach as shown on the attached memo and quotation dated March 02, 2006.
A copy of the pricing schedule from the Florida State Contract #515-630-03-1 showing the
awarded contractors with the percent discount and instructions for ordering from the local
authorized servicing dealer is attached.
Recommendation:
Purchasing staff recommends approval for award to Wesco Turf Supply Inc. for the purchase of
two (2) Model #30344, Toro Groundsmaster 3280-D with 72" Recycler Deck via the Florida
State Contract #515-630-03-1 for the total of $33,104.92 after discounts from the Florida State
Contract. The purchase order is to be issued to Wesco Turf Supply Inc. with shipment and
service from the local vendor, Hector Turf. Funding from account code 001-4138-572-64.90.
Attachments
~lA.\
[IT' DF DELIA' IEA[H
DElRAY BEACH
f lOll I 0 "
tI.ezII
;ijjr
100 N.W. 1st AVENUE. DELRAY BEACH, FLORIDA 33444 . 407/243-7000
1993
To: Jackie Rooney, Purchasing Supervisor
~TbroUgh: Joe Weldon)trlrector of Parks and Recreation
~m: Tim Simmons, Parks Maintenance Supervisor
Date: March 7, 2006
Subject: Purchase of Two Toro Groundsmaster Mowers
This memo pertains to the request to purchase two Toro Groundsmaster Mowers for the
City of Delray Beach. They are additional mowers for the Cultural Division which
includes Catherine Strong, Boy Scout Hut, Bexley Park and Cornell Park.
The company that we would like to go with is Wesco Turf Supply, Inc. with shipment
and service via Hector Turf
They have provided pricing for us per Florida State Contract #515-630-03-1.
Effective 6/9/03 - 5/20/06. The quote for two mowers was $41,904.96. We have a
discount of $8,800.00 with the Florida State Contract. The total would be $33,104.92.
The quotation dated March 2,2006 was provided by Chris Fordney, (954) 429-3200
The account code that we would be using is: 001-4138-572-6490
The purchase requisition number is: 124540
@ Printed on Recycled Paper
THE EFFORT ALWAYS MATTERS
Mar 02 06 10:59a
Chris Fordne~
561-337-6568
p.1
1301 NW THIRD STREET I DEERFIELD BEACH. Fl33442
TEL: (954) 429-3200' FAX: (954) 360-7657
March 2, 2006
Mr. Tim Simmons
City of DeJray Beach
320 SW 4th Street
DeJray Beach, FL 33444
Dear Mr. Simmons:
Via Fax # 561-243-7269
We are pleased to offer the enclosed quotation for your consideration.
1he enclosed quotation is based upon your acceptanee wid1in thirty (30) days from the
date of this letter and is subject to manufacturer's availability and Florida State Sales Tax
(if applicable). Our terms of sale are Cash on Delivery or upon credit approval, Net 30
Days.
Thank you for the opporbmity to provide you a quotation. If you bave any questions or
require additional information, please contact me at (954) 429-3200, Extension 310. We
appreciate your interest and look forward to doing business with you.
Sincerely,
HECTOR 1URF
Chris Fordney
Account Representative
Gtwanment and Municipals
CF:jac
Enclosure
Mar 02 06 10:59a
Chris Fordne~
561-337-6568
p.2
1301 N.W. THIRD STREET I DEERFIELO BEACH. Fl33442
TEL: (954) 429-3200 . FAX: (954) 360-7657
Q..'" ProvIded for
City ofDelny Beach
Marclt 2, 2006
Model #
2 ea 30344
2 ea 30379
2 ea 30312
2 ea 30398
2 ea 30707
2 ea 108-9687
2 ea 24-5790
ter Kit
Subtotal
Florida State Contract Diseout
TOTAL
Pricing per Florida State Contrad # 515-630..03-1
Effective 6J9/83 - 5120106
. Note:
>>' Issue purchase order to Waco TurtSupply, lac.
)> SlUplIleBt aDd service via Hedor Turf
Provided by: Chris Fordney
(954) 429-3200
AGENDA ITEM NUMBER: ~~,\
AGENDA REQUEST
Request to be placed on: Tuesday, March 21, 2006
Date: March 13, 2006
1L Consent Agenda _ Special Agenda _ Workshop Agenda
Description of agenda item:
Approve award to Westco Turf Supply for the purchase of two (2) Toro Groundsmaster Rotary
Mowers via the Florida State Contract #515-630-03-1 for the total amount of $33,104.92 for
Parks Maintenance. These mowers to be used for the Cultural Division which includes Catherine
Strong, Boy Scout Hut, Bexley Park and Cornell Park.
ORDINANCE/RESOLUTION REQUIRED:
Draft Attached:
YES
YES
NO
NO
Recommendation:
Approve award to Westco Turf for the purchase of two (2) Toro Groundsmaster Rotary Mowers
via the Florida State Contract #515-630-03-1 for the total amount of $33,104.92. Total amount
includes Florida State Contract Discount of $4,400.02 per tractor.
Funding from account code 001-4138-572-64.90. (Parks & Recreation, Cultural & Facilities
Maint., Other Machinery/Equipment)
Department Head Signature:
?~~
"
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
J. 'J:S
Funding available: Yes ,..~ S'fc. No
,
Funding alternatives:
(if applicable)
Account Number:
Account Description:
Account Balance:
City Manager Review:
Approved for agenda: ~-4 No
Hold Until: .
Agenda Coordinator Review:
Received:
MEMORANDUM
FROM:
David Harden, City Manager
Jacklyn Rooney, Purchasing Manager ~
Joseph Safford,~nce Director
TO:
THROUGH:
DATE:
March 13,2006
SUBJECT:
DOCUMENTATION - CITY COMMISSION MEETING
MARCH 21, 2006 - BID AWARD - BID #2006-11
BUS RENTAL AND DRIVER SERVICE FOR PARKS
AND RECREA nON
Item Before Commission:
City Commission is requested to approve the bid award to low bidder, Midnight Sun Tours, for
Bus Rental and Driver Service for the Parks and Recreation Department for Youth Football
Program, Summer Day Camp, Holiday Day Camp, Special Events, Sport & Dance Competition
and Leadership Delray at an estimated annual cost of $73,311.00 (which will be billed according
to actual usage) from fiscal year 2005-2006 and 2006-2007 Budget.
Back~round:
Bids were received on February 22, 2006 from three (3) contractors all in accordance with City
purchasing procedures. (Bid #2006-11. Documentation on file in the Purchasing Office.) A
tabulation of bids is attached for your review.
As stated on the attached memo dated March 08, 2006, the Director of Parks and Recreation
recommends award to low bidder, Midnight Sun Tours who is our current vendor.
The Parks and Recreation Department has been contracting out bus services for several years for
special events, summer camps, after school, youth football, etc. and have had several problems
arise. Based on the City's current experience working Midnight Sun Tours, staff recommends
this bid award to Midnight Sun Tours.
Funding from Fiscal Year 2005-2006 and 2006-2007 budget for an estimated annual usage of
$73,311.00 (which will be billed according to actual usage). Funding from the account codes as
listed below.
Summer Day Camp
001-4127-572-55.30 - $ 7,000
115-4912-572-55.30 - $ 7,000
001-4105-572-44.90 - $ 24,750
Youth Football
~~:~
Holiday Camp
Special Events
Veteran's Park
Aquatic
Sport & Dance Competition
Leadership Delray
001-4105-572-44.90 - $
001-4121-572-44.90 - $
115-4930-572-56.13 - $
115-4930-572-56.19 - $
001-4127-572-44.90 - $
001-4119-572-44.90 - $
001-4111-572-44.90 - $
Attachments:
Tabulation of Bids
Memo From Director of Parks and Recreation
8,190
5,436
4,680
2,930
4,680
4,680
3,965
03/08/2005 03:49
2437258
PARKS AND RECREATION
PAGE 01
.
MEMORANDUM
~
. , .'
. "
'- ....
FROM:
\'\IIJ
'I\JV
Joe Weldon,\Dircctor ofPuks & Recteation
\
Alberta Gaum-Ricka.td, Project Coordinator
ar-
TO:
SUBJBCT:
DATE:
Bus Bid # 2006-11
Match 8, 2006
I recommend Midnight Sun Tours be awarded the bus rental bid because their service
thus far has been professional. They confirm all reservation.s a day before. buses are
clean. drivers are careful and accountable, payment is not requested within the same
week the service is performed, and because they are the lowest bidder (see attached bid
tabulation).
Please review and advise.
.--. -.
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AGENDA ITEM NUMBER:
<6\A;1
AGENDA REQUEST
Request to be placed on: Tuesday, March 21, 2006
Date: March 13, 2006
~ Consent Agenda _ Special Agenda _ Workshop Agenda
Description of agenda item:
Approve award to low bidder, Midnight Sun Tours, for Bus Rental and Driver Service for the
Parks and Recreation Department for Youth Football Program, Summer Day Camp, Holiday Day
Camp, Special Events, Sport & Dance Competition, and Leadership Delray at an estimated
annual cost of $73,311.
ORDINANCE/RESOLUTION REQUIRED:
Draft Attached:
YES
YES
NO
NO
Recommendation:
Approve award to low bidder, Midnight Sun Tours, for Bus Rental and Driver Service for the
Parks and Recreations Department at an estimated annual cost of $73,311.
Funding from 001-4127-572-55.30 ($7,OOO) & 115-4912-572-55.30 ($7,OOO) for Youth Football,
001-4105-572-44.90 ($24,750- Summer Day Camp), 001-4105-572-44.90 ($8,190 -Holiday
Camp), 001-4121-572- 44.90 ($5,436 - Special Events), 001-4127-572-44.90 ($4,680) and 001-
4119-572-44.90 ($4,680) for Sport and Dance Competition, and 001-4111-572-44.90 ($3,965) for
Leadership Delray . _ 0
Department Head Signature: ~, ~~
Determination of Consistency with Comprehensive Plan: \
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items i1vOIVlng expenditure of funds):
F"f' ").ool> p,.. -z..o...., CUPb~
Funding available: Yes ~ No
Funding alternatives:
(if applicable)
Account Number:
Account Description:
Account Balance:
City Manager Review:
2:\ P.;' r/J.,
Approved for agenda:~ b.-!t'
Hold Until:
No
Agenda Coordinator Review:
Received:
MEMORANDUM
TO:
David T. Harden, City Manager
Jacklyn Rooney, Purchasing Manage~
Joseph Safford, Finance Director
FROM:
THROUGH:
DATE:
March 16, 2006
SUBJECT:
DOCUMENT AnON - CITY COMMISSION MEETING
MARCH 21, 2006 - BID AWARD
BID #2005-35 - HYDROFLUOSILICIC ACID
TO HARCROSS CHEMICALS
Item Before Commission:
The City Commission is requested to approve award to Harcross Chemicals for the purchase of
Hydrofluosilicic Acid for the Water Treatment Plant at an estimated annual cost of $31,730 per
Bid #2006-14.
Background:
The City of Delray Beach is the lead agency for this Co-operative bid with the City of West Palm
Beach. Bids were received from one (1) vendor on February 28,2006 and two (2) "no bid" were
received by the Purchasing Dept. prior to opening of bids. (Bid #2006-14 on file in the
Purchasing Office).
The Manager of the Water Treatment Plant recommends award to Harcross Chemicals at an
estimated annual cost of $31,730 for the City of Delray Beach per attached memo dated March
14, 2006.
The City of West Palm Beach agrees and supports the recommendation for the award as stated on
attached e-mail message dated March 08, 2006.
Recommendation:
Purchasing staff recommends award to Harcross Chemicals for the purchase of Hydrofluosilicic
Acid at an estimated annual cost of$31,730. Funding from account code 441-5122-536-52.21.
Funding from Fiscal year 2005- 2006 and 2006-2007.
Attachments:
Memo to Water Treatment Plant
Tabulation of Bids
Memo from Manager Water Treatment Plant
E-Mail from City of West Palm Beach
Cc: lC. Chandler, City of West Palm Beach
~lA3
~A'i ,- 0
:~>/ ~
0: .......: .t'
ff'. V
<"~ " ..--:: ~
~4};--l!>~~.
City Of Delray Beach
Department of Environmental Services
M E M 0 RAN D
U M
www.delrayesd.com
TO: Jackie Rooney, Purchasing Manager
FROM: John M. Bullard, Manager, W.T.P. fI5
SUBJECT: Hydrofluosilicic Acid Bid.
DATE: March 14,2006
I recommend that Bid # 2006-14, Furnish and Delivery ofHydrofluosilicic Acid, be awarded to
Harcros Chemicals.
JMB/gpi
U: Imemos from J Bu/lardlRooney Hardcross March 06.doc
Page 1 of 1
Rooney, Jackie
From: JC Chandler [JChandler@wpb.org]
Sent: Wednesday, March 08, 20062:02 PM
To: Rooney, Jackie
Subject: 8B#2006-14 Hydrofluosilicic Acid.
Jackie,
The City of West Palm Beach agrees with and supports your recommendation for the award of 8B #2006-14
Furnish and Delivery of Hydrofluosilicic Acid, to Harcross Chemicals.
JC Chandler
Contract Officer
City of West Palm Beach
Procurement Division
3/15/2006
~
~
[IT, DF DElRlIY BEA~
PURCHASING DIVISION
TO:
John Bullard, Manager Water Treatment Plant
Jackie Rooney, Purchasing Manage~
Joseph Safford, Finance Director
FROM:
THROUGH:
DATE:
March 08, 2006
SUBJECT:
Bid #2005-35
Furnish and Delivery of
Hydrofluosilicic Acid - Annual Contract
Attached is the "Tabulation of Bids" and a copy of the bid received on February
28,2006 for the above referenced subject which is a joint bid with the City of
West Palm Beach with the City of Delray Beach as the lead entity for this joint
bid.
One bid was received from Harcros Chemicals. Bids were requested from
DemandStar.com from seven (7) vendors. Bidders list attached.
Two (2) "No Bids" were received in Purchasing (copies attached).
Please review tab sheets and forward to Purchasing your award
recommendation and I will forward to City of West Palm for approval and to City
Commission for approval.
If you have any questions, you may contact me at ext. 7163.
Attachments
Cc: City of West Palm Beach Purchasing
TABULATION OF BIDS
BID #2006-14
"FURNISH AND DELIVERY OF
HYDROFLUOSILICIC ACID - ANNUAL CONTRACT"
JOINT BID WITH CITY OF WEST PALM BEACH
FEBRUARY 28,2006
VENDOR NAME HARCROSS SHRIEVE CHEMICAL
CHEMICALS COMPANY
SOLVAY
CHEMICALS
UNIT PRICE PER
GALLON DELIVERED $1.67 GAL. NO BID
FOR MULTIPLE STOP
DELIVERIES IF LESS
THAN 3500 GALS,
BASED ON A 23%
ANALYSIS
NO BID
ADDITIONAL
CHARGES
$1.47 GAL.
FOR ONE (1)
STOP DELIVERIES
EXCEEDING 3500 GALS.
OR MORE BASED ON A
23% ANALYSIS
DELIVERY
2-5 CALENDAR DAYS
FEB 27 2006 11:13
SHRIEVE CHEMICAL
p. 1
"
STATEMENT OF NO BID
Bid '# 2006-14 Furnish and Dellverv of Hvdrofluoslllclc Acid - Annual Contract
If you are not bidding on this service/commodity, please com.plete aDd return this form to:
at)' of Delray Beach Purchasing omee, 100 NW 1st Avenue, Delray Beach, FL 33444 or tax to (561)
243.7166.
FaUure to rupond may result in deletion of vendor's name from the qualil1ed bidder'. Ust for the City
Gf Delray Beach.
COMPANY NAME: SRRIEVE CHEMICAL COMPANY
AJJDRESS: 1755 WOOD STEAD COURT.THE WOODLANDS. TX 77380
TELEPHONE: (800 ) 367-4226
SIGNATURE: ..:iu:-l...tJvwJ;!(J
DATE:
FEBRUARY 27. 2006
Minority Owned Business:
( ) Black () Hispanic () Woman () Other
(Specity)
We. the undersigned have declined to bid on your Bid '# 2006-14
For: Furnish and Delivery ofHydrofluosilicic Acid - Annual Contract
_ Specifications too ..tight", i.e. L Our product schedule would not permit
seared toward brand or manufacturer us to Perform
only (explain below)
_ Unable to meet specifications
_ Insufticient time to respond
to the Invitation to Bid
_ Unable to meet bond requirements
_ Specifications unclear (explain below)
_ We do not offer this product
or an equivalent
_ Oth.or(spccifybelow)
_Other (specify below)
REMARKS:
21
FEB-24-2006 FRI 02:49 PM SOLVAY CHEMICALS
,,'to .
FAX NO. 713 5257805
P. 02
,,',
. . ..I-
i.
STATEMENT OF NO BID
BId # 2006..14 Furnish and Delivery of Hydrofluosilicic Acid.. Annual Contract
If )'Oll arc not bidding on this service/commodity, lllease complete and return this form to:
City of Delr~y Beach Pun'basing Office, 100 NW 1st Avenue. Delray Beach. FL 33444 or ra~ to (561)
243-1166.
Failure to respond may result in deletion of vendor's name from tbe qualified bidder's list tor the City
of Delray Bcncla.
COMPANYNAMB: ~olvav Chemicals.~_LLC
3333 Richmond Avenue
ADDRESS: Hall stan. IX 77098
Tm_HPHON[;:~~~-~. _
SlGNA1'UREr ~. J~-
DATE: February t[. 2006
Minority Owned Business:
( ) Blnck () Hispanic () Woman () Other __
(Specity)
We, the und<;rsigned have declined to bid on your Bid #2006-14
POl': Furnish and Delivery ofHydrofluoslHclc Acid - Annual Contract
_ SpccHicntions too CCtlght". Le.
geared toward brand or manufacturer
only (explain below)
-L.._ Our product schedulo would not permit
us to perform
~ In.c;umeiclJl time to respond
to 1ho Invitation to Rid
_ Unftble to meet specifications
__ Unable to meet bond requirement:;
_ ._ We do not offer this product
or all equivalent
_ Specification.'3 unclear (explain below)
_ Other (specify below)
_01l1cr (specify below)
REMARKS:
21
AGENDA ITEM NUMBER: 1) ll3
AGENDA REQUEST
Request to be placed on: March 21, 2006
Date: March 16,2006
xx Consent Agenda _ Special Agenda _ WOrkshop Agenda
Description of agenda item:
Approval for award to Harcross Chemicals for the purchase of hydroflourosilicic acid at an
estimated annual cost of $31,730. Pricing per Bid #2006-14.
ORDINANCE/RESOLUTION REQUIRED:
Draft Attached:
YES
YES
NO
NO
Recommendation:
Approve award to Harcross Chemicals for the purchase of hydroflourosilicic acid at an estimated
annual cost of $31,730. Pricing per Bid #2006-14.
Funding from account code 441-5122-536-52.21 for FY 2005 - 2006 and FY 2006 - 2007.
Department Head Signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding available: Yes
No
Funding alternatives:
(if applicable)
Account Number:
Account Description:
Account Balance:
City Manager Review:
Approved for agenda: ~ No
Hold Until: !
Agenda Coordinator Review:
Received:
Action:
Approved
Disapproved
?~.
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
CAROLANNE KUCMEROWSKI
KEVIN RUMELL, FLEET MAINTENANCE SUPERINTENDENT
ADDITIONAL VEHICLES
MARCH 17,2006
Carolanne,
These additional vehicles have been approved by Mr. Harden, and need to be added to the
consent agenda for City Commission meeting on Tuesday, March 21, 2006.
The purchase of one truck from Garber Ford utilizing the Florida Sheriff's Contract 04-12-0823
rollover, in the amount of $20,921.00. This will be an additional vehicle to the fleet for Parks and
Recreation / Cultural & Facilities; funding is available from account #001-4138-572-64.20.
The purchase of one truck from Classic Chevrolet utilizing the Florida Sheriff's Contract 04-12-0823
rollover in the amount of $12,038.00. This will be an additional vehicle to the fleet for Community
Improvement / Rental Housing Inspector; funding is available from account #001-2741-524-64.20.
Vendor Contacts:
Garber Ford - Dan Devries (904) 264-4502 / Fax (904) 284-8717
Classic Chevrolet - Peter Popiel (407) 298-1535 / Fax (407) 298-6170
C: Doug Smith
Richard Hasko
Jim Schmitz
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MEMORANDUM
FROM:
David T. Harden, CY.{ Manager
Guy Buzzelli, CIO (j)
TO:
THROUGH:
Joe M. Safford, Director of Finance
SUBJECT:
Tape Library Upgrade - HP MSL6030 Tape Library
DATE:
March 15, 2006
ACTION
We are requesting City Commission approval to purchase the following from CDW-G:
o HP StorageWorks Tape Library
o HP Care Pack 24x7 Same Day Hardware Support
o HP Dual Channel Ultra320 (Connect Server to Library)
o HP SCSI External Cable
o Quantum L TO Ultrium 400 GB Storage Media (Tapes)
The hardware and installation are outlined in the attached proposal.
Funding for this purchase is as follows:
Account Code
334-6111-519-64.11
Amount Total
$ 25,477
INFORMATION
Currently the City is using a Spectra logic 10K Tape Library with (2) internal AIT3 tape drives. Each AIT3
tape holds 100 GB of data "native", not compressed. Our current tape library uses nine tapes during the
daily backups, which is an increase from five tapes less than two years ago. Our tape backup has more
than doubled since January 2005.
The current tape library connects to the backup server using an Adaptec 29160 SCSI card. This card and
configuration is not supported by HP and when we experience problems related to the SCSI card we
cannot get server support. The proposed tape library connects to the backup server using a HP approved
SCSI card that is supported by HP.
The new proposed tape drive is a HP MSL6030 Tape Library using (2) internal L T03 tape drives. Each
L T03 tape holds 400GB of data "native". It quadruples the amount of data that we can backup per tape
thus greatly reducing the number of tapes used. Also, we currently transfer 12MB of data per second
using the AIT3 tapes. With the L T03 tapes we will be transferring 80MB of data per second. We will be
able to transfer more than six times the data per second with the new tapes, which will result in faster
backup time.
RECOMMENDATION
IT recommends purchasing the HP MSL6030 Tape Library from CDW-G. Compared to the quotes from
other vendors (Attached), CDW-G offers the best rates.
Please forward this information to the City Commission for their review and approval.
Encl: Vendor Quotes
cc: Candice Ewing, Administrative Assistant
~l\.S
Quotes
Page 1 of2
~ " '1
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Tracker
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liPY'"J
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6
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Find Your Quotes
Barbara Flynn
Your Quotes !, Quote Details
Quote # r
Quote Information
I. Send Quote to an associate
Quote #: ZV59420
Need Help?
Status:
Quote Date:
Contact:
Description:
Open
1/17/2006
BARBARA FLYNN
HP
CA
u,Jj,
Contact
Mike Zorica
Phone: (866) 339-3535
Fax: (312) 705-8218
E-Mail Quote to Mike
Billed From Address
CDWG Ine.
200 N. Milwaukee Ave
Vernon Hills, IL 60061
Billing Address
BARBARA FLYNN
BARBARA FLYNN
AlTN: CITY OF DELRAY BEACH
100 NW 1ST AVE
DELRAY BEACH I FL 33444-2612
(800) 594-4239
(561) 243-7191
Shipping Address
CITY OF DELRAY BEACH
AlTN: BARBARA FLYNN
100 NW 1ST AVE
DELRAY BEACH, FL 33444-2612
Payment Method
Select payment method durinq checkout.
Shipping Method
Select shipping carrier during checkout.
Product Contract CDW Mfg Part # Qty Price Ext. Price
HP
StorageWorks
MSL6030 - Standard 768887 AD607A $13 ,680.00 $13,680.00
tape library - Pricing
LTO Ultrium -
SCSI
Hewlett
Packard ESP
Only HP Care Standard
Pack 4-Hour Pricing 790416 UC6S0E 1 $597.00 $597.00
24x7 Same
Day Hardware
Support
HP Dual Standard
Channel 458139 268351.821 1 $242.00 $242.00
Ultra320 Pricing
HP SCSI 173546 341174-821 1 $46.00 $46.00
external cable Standard
https://www.cdwg.comlshop/ quotes/QuoteDetails.aspx?qn=ZV 59420
1/27/2006
Quotes
- 6 ft
Pricing
'Tax may change if this Quote is amended.
Sub-Total
Shipping:
Grand Total
Page 2 of2
$14,565.00
$0.00
$14,565.00
Copyright 2006 CDW Government, Inc.
Terms and Conditions of Use I Terms and Conditions of Sale I Privacy Policy
https://www.cdwg.comlshop/quotes/QuoteDetails.aspx?qn=ZV 59420
1/27/2006
Quotes
Page 1 of 1
~.
:t~f~(~'''!::/l~ .
c:':J':n (t/:. ....Y\'i1jf}.""- /' ((i,Jv'). --
/i {QA J /o1-tc~.fG.f1 /! - (J, I 1("-:(" Ul'n
800.581.4239jr r7~( ,
Find Your Quotes
Barbara Flynn
Your Quotes Quote Details
Quote # ,-
( T:' ",~)
i;~}-<:<{.:;"_,-,_,.,,>
Quote Information
I. Send quote to an associate
Quote #: BBL0651
Need Help?
Status:
Open
Contact
Mike Zorica
Phone: (866) 339-3535
Fax: (312) 705-8218
t E-Mail Quote to Mike
Quote Date: 1/26/2006
Contact: BARBARA FLYNN
Description: QUANTUM TAPES QUOTE
Billed From Address
CDWG Inc.
200 N. Milwaukee Ave
Vernon Hills, IL 60061
Billing Address
BARBARA FLYNN
BARBARA FLYNN
ATTN: CITY OF DELRAY BEACH
100 NW 1ST AVE
DELRAY BEACH, FL 33444-2612
(800) 594-4239
(561) 243-7191
Shipping Address
CITY OF DELRAY BEACH
ATTN: BARBARA FLYNN
100 NW 1ST AVE
DELRAY BEACH, FL 33444-2612
Payment Method
Seiect payment method during checkout.
Shipping Method
UPS Ground
:;j'
~}-~
Product
Contract
CDW Mfg Part # Qty Price Ext. Price
753331 MR-L3MQN-Ol 124 $88.00 $10,912.00
Sub-Total $10,912.00
Shipping: $0.00
Grand Total $10,912.00
Quantum l TO Ultrium 400 GB
Storage Media
Standard
Pricing
N)
K.:)"
t'::
.---J
'Tax may change if this quote is amended.
1Dfl..{ ~bVv& QuOLL
~ '::>-'17 7 . 0 0
I
https:/ /www.cdwg.com/shop/quotes/QuoteDetails.aspx?qn=BBL0651 &printable= 1
1/27/2006
Storsoft Technology
2120 Bahia Lane
Fort Lauderdale, FL 33327
USA
QUOTATION
Quote Number: RFQ (HP Tape)
Quote Date: Jan 27, 2006
Page: 1
Voice: 954-659-3081
Fax: 954-206-0885
.-.'to:
City of Delray Beach
100 N.W. 1st Ave
Delray Beach, FL 33444
USA
Customer ID
City of Delray Beach
GoocIThru
1/31106
~f""'tI
Net 15 Days, Purchase by 1f31/06
Sates Rap
evansjohn
Quantly It8m De_pion untt.... .AMOUrit ...
1.00 AD607A HP StorageWorks MSL6030 - Tape library 15,689.00 15,689.00
rack-mountable - 2 xL TO Ultrium ( Ultrium
3) - 12 TB /24 TB - s1015: 30 x 400 GB /
800 GB - SCSI- LVD - 5 U
1.00 UC650E HP Care Pack 4-Hour 24x7 Same Day 765.00 765.00
Hardware Support - Extended service
agreement - parts and labor - 1 year-
on-site - 24x7 - 4 h
1.00 268351-B21 HP 64-bit/133MHz Dual Channel Ultra320 329.00 329.00
SCSI host bus adapter - Storage controller
- 2 Channel - Ultra320 SCSI - 320 MBps -
PCI-X
1.00 34117 4-B21 HP - SCSI extemal cable - 68 pin VHDCI 57.00 57.00
(M) - 68 pin VHDCI (M) - 6 ft
124.00 MR-L3MQN-01 Quantum data cartridge, L TO-3 88.00 10,912.00
Subtotal 27,752.00
Sales Tax
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AGENDA REQUEST
AGENDA ITEM NUMBER:
'iSl\.b'
Request to be placed on:
Date:
March 15, 2006
X Consent Agenda
Special Agenda
Workshop Agenda
When:
3/21/2006
Description of agenda item: Approval to purchase the HP MSL6030 Tape Library to include
the HP Care Pack. HP Dual Channel Ultra320 , HP SCSI External Cable and the Quantum L TO
Ultrium 400 GB Storage Media (Tapes), in the amount of $25, 277 coming from account number
334-6111-519-64.11.
ORDINANCE/RESOLUTION REQUIRED:
Draft of Resolution Attached:
YES
YES
NO
NO
x
Recommendation: Approval is recommended by Finance Director and CIO.
Department Head Signature:
Determination of Consistency with Comprehensive Plan: N/A
City Attorney Review/Recommendation (if applicable): N/A
Budget Director Review
(required on all items involving expenditure of funds):
Funding available: Yes ~~
No
Funding alternatives (if applicable):
Account Number:
.3 3l( -h /1/ - ~ 9. (, '/ r I (
(J tJ IlL ,f? it. /-R r' Ej Wp rnLl-i-
-$ 27, 000 Cc!f1.ttv ~E -4r Ho )
Account Description:
Account Balance:
City Manager Review: (~A J1
Approved fOr,~gen~a:". _ & tyv I
Hold Until:c~.J~ /lA__ {Ov~,- 'I.f.J.-C~~....rs::
No
&f?~i ~r~~
Agenda Coordinator Review:
Received:
H~\R 1ctiPrv.nOfi
Approved:
Disapproved:
P.O. #
/
o/<
~
TO:
DA~JRD N,
PAUL DORLlNG, 01
FROM:
THRU:
SUBJECT: MEETING OF MARCH 21, 2006
CONSIDERATION OF SEVERAL WAIVERS RELATING TO THE MINIMUM
STACKING DISTANCE AND REDUCTION OF SIGHT VISIBILITY TRIANGLES
FOR 5TH AVENUE FLATS, LOCATED AT THE NORTHWEST CORNER OF
NE 5TH AVENUE AND NE 2ND STREET.
At its meeting of February 8, 2006, the Site Plan Review and Appearance Board approved the
Class V Site Plan Application, Landscape Plan, Architectural Elevations, and landscape waivers
for a four-story mixed-use building containing 1,048 square feet of retail floor area and 2,509
square feet of office floor area on the first floor; and 12 residential condominium units (one, two,
and three-bedroom) on floors 2-4. The development proposal includes waivers to reduce the
minimum parking lot stacking distances from 20 feet to 17 feet at the east entrance (NE 5th
Avenue) and from 20 feet to 15 feet at the south entrance (NE 2nd Street); and to allow for the
building columns to encroach into the required 20 foot sight visibility triangle, at the east and
south garage entries; and to allow a 5 foot reduction (35' total provided) in the required 40' sight
visibility triangle at the intersection of N.E. 2nd Street and N.E. 5th Avenue.
The Site Plan Review and Appearance Board considered these waivers and recommended
approval of each to the City Commission. The following is the waiver analysis for each of these
three waivers, which are now before the City Commission for consideration:
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.
Pursuant to LDR Section 4.6.9 (D)(3)(c)(1) a parking lot stacking distance of 20 feet is required.
The proposed stacking distances to the first parking space is 15 feet for the south entrance (NE
2nd Street) and 17 feet for the east entrance (NE 5th Avenue). In support of the proposed
stacking distance reduction by 5 and 3 feet the applicant notes that there is an area 10 feet wide
for on-street parking and a 5' sidewalk beyond the travel lane on 5th Avenue which
accommodates 33 feet of stacking from the actual point of egress along NE 5th Avenue. Along
NE 2nd Street there is a 5' sidewalk and traffic signalization in place which will provide 20' of
9A
City Commission Documentation
March 21, 2006
5th Avenue Flats Site Plan Waivers
stacking from the point of egress/ingress along with a measure of safety and control of off-site
traffic flows. Given these circumstances Staff can support the waiver requests.
Pursuant to LOR Section 4.6.14(a)(1) a 20 foot sight visibility triangle is required at both the NE
5th Avenue and NE 2nd Street ingress/egress points. A reduction is requested to accommodate
the building column encroachment. It is noted that from a driver's line of sight at the exit stop bar
at each entry the encroachment does not impede the driver's view of oncoming traffic. The City
Engineer will support the waivers to allow the encroachments subject to the following condition:
(1) No landscaping is to be permitted on the left (North) side of the egress onto 5th Avenue
which has the ability to grow taller than 3 feet in height. Therefore, as similar relief has been
granted under similar circumstances these waivers can also be supported.
Pursuant to LOR Section 4.6.14(A)(2), a 40' sight triangle is required at the intersection of N.E.
2nd Street with NE 5th Avenue. There is a 45' sight visibility triangle shown on the site plan
however the triangle is measured incorrectly from the curb lines rather than the property lines. If
properly measured this would reduce the sight visibility triangle to 35 feet and relief to 35 feet is
requested. Staff notes that this intersection has traffic signalization in place which would provide
a measure of vehicle safety. As similar adjustments have been approved staff would support a
five (5) foot reduction to this sight visibility triangle. Further, if measured from the actual travel
lanes the 40 foot visibility would be provided.
By separate motion:
1. Approve the waiver requests to LOR Section 4.6.9(O)(3)(c)(1), to reduce the minimum
stacking distances from 20 feet to 17 feet at the east entrance (NE 5th Avenue) and from 20
feet to 15 feet at the south entrance (NE 2nd Street).
2. Approve the waiver request to allow for a building column encroachment into the required 20
foot sight visibility triangle along both NE 5th Avenue and NE 2nd Street (LDR Section
4.6.14(a)(1 ).
3. Approve the request for a waiver to LDR Section 4.6.14(A)(2), for a reduction in the sight
visibility triangle from 40' to 35' at the intersection of NE 2nd Street and NE 5th Avenue.
Attachments:
Site Plan, Landscape Plan, and Elevations
Staff Report dated February 8, 2006
2
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SITE PLAN REVIEW AND APPEARANCE BOARD
CITY OF DELRAY; BEACH ---STAFF REPORT ---
February 8, 2006
IV.-C.
5th Avenue Flats- Class V Site Plan, Landscape Plan, Architectural
Elevation, and Waivers associated with the construction of a 54.5 foot high,
27,017 square foot four story mixed use building consisting of 1,048 square
feet of retail and 2,509 square feet of office on the first floor, and 12
residential condominium units on floors 2, 3, & 4 with a pool area and tenant
lounge on the fourth floor.
MEETING DATE:
AGENDA ITEM:
ITEM:
GENERAL DATA:
Owner/Applicant........... 200 NE 5th Avenue LLC
Agent............................ Terry Lessard, George Brewer
Architecture .
Location........................ 200 NE 5th Avenue
Property Size................ 0.43 Acres (18,715 square feet)
Future Land Use Map... CC, Commercial Core
Current Zoning.............. CBD, (Central Business District)
Adjacent Zoning..North: CBD (Central Business District)
East: CBD (Central Business District)
South: CBD (Central Business District)
West: CBD-RC (Central Business District-
Rail Corridor)
Existing Land Use......... Vacant
Proposed Land Use...... Mixed Use Residential, Office, &
Retail Commercial
Water Service............... 6" water main existing on site
Sewer Service............... 15" sewer main along N E 2nd Street
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Site Plan Review and Appearance Board Staff Report: Meeting 02/08/2006
5th Avenue Flats-Class V Site Plan, Landscape Plan, Waivers, and Architectural Elevations
Page1
The item before the Board is the approval of the following aspects of a Class V site plan request for 5th
Avenue Flats, pursuant to Land Development Regulations (LDR) Section 2.4.5(F):
D Site Plan;
D Landscape Plan
D Landscape Waivers
D Stacking Distance Waiver
D Site Visibility Triangle Waiver
D Architectural Elevations
The property is located at 200 NE 5th Avenue (Southbound Federal Highway) and is situated at the
northwest corner of NE 5th Avenue and NE 2nd Street. The frontage and primary access to the site is
from NE 5th Avenue. The property contains 0.43 acres, and is currently undeveloped. The proposed
residential density of this development is 27.9 units per acre, which is less than the maximum
allowable density of 30 dwelling units per acre allowed in the CBD Zoning District.
At its meeting of February 14, 2001, the Site Plan Review and Appearance Board approved a site plan
for the construction of an 11,084 sq. ft. 3-story office building on this site. The project was never
constructed and the project approval has since expired.
At its meeting of October 17, 2005, the Planning and Zoning Board held a public hearing concerning a
conditional use request to allow a building height of 54.5 feet for the subject proposal in the Central
Business District (CBD). These requests were submitted to accommodate the construction of a mixed-
use development containing ground floor retail floor area and condominium residences above. After
discussing the proposal, the Board voted 5-1 to recommend approval with conditions to the City
Commission.
At its meeting of November 15, 2005, the City Commission approved by a vote of 4-0 the conditional
use request for an increase in building height to 54.5 feet, subject to the conditions listed in the
Planning and Zoning Board staff report (See Appendix B). The associated Class V Site Plan,
Landscape Plan, Architectural Elevations, and waiver requests for 5th Avenue Flats are now before
the Board for action.
The development proposal consists of the following:
· A four-story mixed-use building, containing 1,048 square feet of retail floor area and 2,509 square
feet of office floor area on the first floor; and 12 residential condominium units (one, two, and three-
bedroom) on floors 2-4;
· A total of twenty-nine (29) parking spaces are proposed for the development. Eleven (11) spaces
are located within the structure, on the first floor. The remaining eighteen (18) spaces, including
the two handicapped spaces are located behind the building to the west and north;
· Recreational facilities, including a pool & deck area, lounge, and exercise room, are proposed
on the fourth floor.
Site Plan Review and Appearance Board Staff Report: Meeting 02/08/2006
5th Avenue Flats-Class V Site Plan, Landscape Plan, Waivers, and Architectural Elevations
Page2
Items identified in the Land Development Regulations shall specifically be addressed by the body
taking final action on the site and development application/request.
LDR SECTION 4.3.4(Kl - DEVELOPMENT STANDARDS MATRIX:
Buildina Setbacks:
The following table indicates that the development proposal complies with one minor exception with
the required building setbacks along NE 5th Avenue and NE 2nd Street for a 4-story building in the
Central Business District (CBD) according to LDR Section 4.4.13(F)(3)[Table 4.4.13-2]
Roadl Building
Building
Side Height (minImax)
70% min. 98' min.
10' min. 1126' 126' *
Finished 190% max.
Grade to max.
25' Remaining
NE5th 22' min. 22' min 14' *
Ave. length
70% max 10'min. 98' max. 98' *
140' Lot 25' to
Frontage 37' Remaining 27' min. 27' min 42' *
length
50% max 34' min. 70' max. 58' *
37' and
above Remaining 39' min. 70' min. 82' *
length
70% min. 35'
Finished 10' min. min.l45' 36' *
NE 2nd grade to 190% max.
max.
51. 25'
Remaining 22' min. 22' min 14' *
50' Lot length
Frontage 70% max 10'min. 35' max. 31' *
25' to
37' Remaining 27' min. 27' min 26' 4" *
length
Corner 50% max 34' min. 25' max. 13' *
Pel' NE 37'and
5th Ave. above Remaining 39' min. 13' *
length
Site Plan Review and Appearance Board Staff Report: Meeting 02/08/2006
Sth Avenue Flats-Class V Site Plan, Landscape Plan, Waivers, and Architectural Elevations
Page3
2S'to
48'
70% S'min./ 38.S'min
min./90% 10' max. 49.S'max 49.S'
max.
Remaining 17' 17' S.S'
length min./22' min./22'
SO% max. 17' min. 27.S' 27.S'
Remaining 29' min. 29 27.S'
len th
*
Other
. R-O-W
Finished
grade to
2S'
*
*
*
It will be required that the applicant adjust the proposed lot frontage of 26 feet, 4 inches by 8 inches to
comply with the 27 foot minimum required setback based on lot frontage for NE 2nd Street between 25
and 37 feet. This is attached as a condition of site plan approval.
Heiaht:
Structures in the CBD may generally be no more than 48' high, unless conditional use approval is
granted to exceed this standard to a maximum of 60'. Height is measured from the crown of the road
to the top of a flat roof, or to the midpoint of a pitched roof. The proposed mixed-use structure has flat
roofs with the maximum height measuring 54.5'. Pursuant to LOR Section 4.3.4(J)(4)(b)(i)(9), (Area I)
this increase in height to 54.5' was approved by the City Commission as a conditional use for this
project.
OFF-STREET PARKING REQUIREMENTS:
Pursuant to LOR Section 4.6.9(C)(8)(a), the required shared parking calculation for the proposed
development is a minimum of 29 parking spaces with no reservations, or 33 parking spaces if
reserving one (1) parking space for each residential unit.
The applicant has chosen to provide 29 spaces with the understanding that no parking spaces can be
specifically reserved or assigned to anyone residence or business. The applicant has indicated this is
necessary to allow the architectural design of the building to comply with the Land Development
Regulations due to the very small size and scale of this mixed use project. Staff normally requires
reserving one parking space for each residential unit. However, in lieu of this requirement, staff would
allow the applicant to file a specific restrictive covenant in the Condominium Documents, that no
parking spaces are to be reserved for either residents or business uses, now or in the future without
the provision of additional parking. This has been attached as a condition of site plan approval.
The applicant will need to reduce by one (9 to 8) the number of compact parking spaces to comply
with the 30% maximum number of compact spaces. This is also attached as a condition of site plan
approval.
Site Plan Review and Appearance Board Staff Report: Meeting 02/08/2006
5th Avenue Flats-Class V Site Plan, Landscape Plan, Waivers, and Architectural Elevations
Page4
Shared Parking Calculations Table Fifth Ave Flats
1/10/06 No Reserved
Office
Commercial/Retail
Hotel
Restaurant
8.78 5% 0.439 100% 8.78 10% 0.878 10% 0.878 5% 0.439
4.71 5% 0.2355 70% 3.297 90% 4.239 100% 4.71 70% 3.297
0 80% 0 80% 0 100% 0 80% 0 100% 0
0 10% 0 50% 0 100% 0 50% 0 100% 0
0 10% 0 40% 0 100% 0 80% 0 100% 0
0 100% 0 100% 0 100% 0 100% 0 100% 0
0 27 28 29 27 28
TOTALS
The minimum number of parking spaces is the highest time period total at the bottom of the table.
Handicapped Accessible Parkina:
Pursuant to LOR Section 4.6.9(C) (1) (b), special parking spaces designed for use by the handicapped
shall be provided pursuant to the provisions of Florida Accessibility Code for Building Construction.
Accessibility for residential structures is covered by the Federal Fair Housing Act. Pursuant to this act,
two percent (2%) ot the parking spaces serving the development must be handicapped accessible and
accessible visitor spaces should be provided at a rate in accordance with the local code. Based upon
the 29 parking spaces provided, a minimum of one (1) parking space must be handicap accessible,
and a total of two (2) handicap accessible parking spaces have been provided.
LOR ARTICLE 4.6 - SUPPLEMENTAL DISTRICT REGULATIONS:
Refuse Enclosure:
Pursuant to LOR Section 4.6.6(C) (1), dumpsters, recycling containers and similar service areas must
be enclosed on three sides, with vision obscuring gates on the fourth side, unless such areas are not
visible from any adjacent public right-ot-way. The development proposal provides one (1) screened
and enclosed dumpster. The dumpster is 11' high by 11.5' wide and will be securely gated by a
tension wire with turnbuckle and cane bolts and screened by chain link awning fabric. Thus, this LOR
requirement has been met.
Minimum Residential Floor Area:
The following table indicates that the proposal complies with LOR Section 4.3.4(K) [Minimum
residential floor area]:
1,101 s . ft.
1,355 s . ft.
1,560 s . ft.
Liahtina:
A photometric plan has been submitted which provides lighting coverage for the first floor parking
garage levels, garage entry, exterior sidewalks parking, and outside parking areas. The photometric
Site Plan Review and Appearance Board Staff Report: Meeting 02/08/2006
5th Avenue Flats-Class V Site Plan, Landscape Plan, Waivers, and Architectural Elevations
Page5
plan does not meet the minimum requirements of illumination and uniformity levels established by the
City and is not in compliance with LOR Section 4.6.8. The reduction of the average foot-candles to 1.0
and maximum foot-candles to 4.0 is a requirement for the outdoor parking areas and is attached as a
condition of approval.
Bicycle Parkina:
Pursuant to LOR Section 4.6.9(C) (1) (c) and Transportation Element Policy 0-2.2 of the
Comprehensive Plan, bicycle parking facilities (Bike Racks) have been provided in close proximity to
the south lobby entrance of the facility. Placing the bicycle parking facility at this location is also near
to the area reserved for office space uses. It is anticipated that the occupants of the residential
dwelling units will utilize their individual storage areas or units for storage of their bicycles. Thus, this
LOR requirement has been met.
Stackina Distance
Pursuant to LOR Section 4.6.9(0)(3)(c)(1), the minimum stacking distance between a right-of-way and
the first parking space or aisle way in a parking lot that has 21-50 parking spaces shall be 20 feet. This
is required during the transition of incoming traffic from a public street, such that traffic does not
backup into the public street system. The proposed stacking distances for the car parking at the south
entrances (NE 2nd Street) are 15' and for the east entrance (NE 5th Avenue) is 17'. Thus, these LOR
requirements have not been met. The applicant has submitted a request for a 3 foot waiver for the
stacking distance of 17 feet at the east entrance (NE 5th Avenue) and a 5 foot waiver for the stacking
distance of 15 feet at the south entrance (NE 2nd Street). LOR Section 4.6.9(0)(3)(c)(3) does have
provisions which allow the length of the stacking distance to be reduced.
Siaht Visibility Trianales
Pursuant to LOR Section 4.6.14(A)(1), a 20 foot sight visibility triangle is required at the intersection of
the garage driveways and the public right-of-way. Specifically, the triangle is defined as the area on
both sides of an accessway formed by the intersection of each side of the accessway and the public
right-of-way line with two (2) sides of each triangle being twenty (20) feet in length from the point of
intersection and the third side being a line connecting the ends of the other two (2) sides.
The applicant shows the required 20 foot sight visibility triangles but has had issues with the cross-
visibility due to the proposed building column obstructions, landscaping, and bike racks shown in the
sight triangle. The applicant has recently revised the site plan to show a reduction in width of the
column at the 5th Avenue parking entrance from 6.5 feet to 4 feet and has relocated the bike racks.
The applicant requests a waiver to allow these obstructions in the site visibility triangle.
The proposed stacking distances for the south entrance parking garage is (NE 2nd Street) 15 feet and
for the east entrance (NE 5th Avenue) is 17 feet. Thus, these LOR requirements have not been met.
The applicant has submitted a request for a 3 foot waiver to the stacking distance of 17 feet at the east
entrance (NE 5th Avenue) and a 5 foot waiver to the stacking distance of 15 feet at the south entrance
(NE 2nd Street). The applicant in the waiver request maintains that there is an area 10 feet wide for on-
street parking beyond the right-of-way as a car is exiting from the 5th Avenue access. This is provided
as a rationale for considering that stacking requirements be measured from the actual point of egress,
rather than from the property line. LOR Section 4.6.9(0)(3)(c)(3) contains provisions which allow the
length of the stacking distance to be reduced if supported by a traffic study. Staff can support the
waivers requested to reduce the stacking distance.
Site Plan Review and Appearance Board Staff Report: Meeting 02/08/2006
5th Avenue Flats-Class V Site Plan, Landscape Plan, Waivers, and Architectural Elevations
Page6
Regarding the sight visibility triangle issues, the site plan depicts the 20 foot sight visibility triangles but
they are measured incorrectly from the street curb line rather than the property line. There are some
issues with cross-visibility due to the proposed building columns and trees which are shown to be
located in the sight visibility triangle at the NE 5th Avenue access. The column of primary concern is
located at the NE 5th Avenue entrance and was originally depicted as 6.5 foot in height by 2 foot in
width. The applicant has since redesigned the column to show a height of 4 foot by 2 foot width which
does reduce the degree of sight obstruction.
In analyzing this specific sight visibility triangle Staff notes that the egress onto 5th Avenue would have
traffic traveling in a one-way southbound direction which would not be as critical to the visibility of this
sight distance triangle as if the traffic was coming from two directions. In addition, the site plan
revisions submitted propose to improve the situation in the sight visibility triangle by scaling down the
size of the columns to 4 foot high by 2 foot wide.
Planning staff coordinated with the City Engineer regarding the most recent modifications to the site
plan for a determination of whether the waiver requests to the obstructions in the site visibility triangle
could be supported. The City Engineer can support the waivers subject to the following conditions: (1)
No landscaping is to be permitted on the left (North) side of the egress onto 5th Avenue which has the
ability to grow taller than 3 feet in height. (2) The applicant must provide a copy of the Florida
Department of Transportation pre-application letter to Engineering.
Based on the City Engineer's comments Staff will support the waiver requests to the sight visibility
triangles for the egress onto NE 5th Avenue and for the ingress-egress on NE 2nd Street.
Pursuant to LDR Section 4.6.14(A)(2), a 40' sight triangle is required at the street intersection of:
. N.E. 2nd Street with N.E. 5th Avenue for the south building;
There is a 45' sight visibility trian~le shown on the site plan at this intersection. The triangle is
measured incorrectly from the NE 5 h Avenue and NE 2nd curb lines rather than the property lines so
this would adjust this triangle into the proposed building footprint. Staff would note that this corner
intersection has traffic signalization in place which would provide a measure of traffic safety at this
intersection. Staff would therefore support a waiver to this sight visibility triangle with a slight building
encroachment of five (5) feet.
OTHER ITEMS:
Underaroundina of Utilities:
Pursuant to LDR Section 6.1.8, utility facilities serving the development shall be located underground
throughout the development. A note needs to be provided on the site plan to this effect and it is
attached as a condition of approval.
Plat:
This development proposal will require a survey plat to be prepared, processed, and recorded prior to
issuance of a building permit and is attached as a condition of approval.
The landscaping to be planted along the southeast corner of the building consists of three Coconut
Palms (3), and one (1) Holly Tree, combined with Red Leaf Crinum Lily, Lily of the Nile, and Dwarf
Firebush Shrubbery. The groundcover is proposed to be under planted with Dwarf Youpon.
Along the south side of the building, flanking the entrance/exit driveway access to the parking garage
area the proposed plantings are two (2) Black Magic trees, one (1) Holly tree, Fishtail Fern, and Blue
Site Plan Review and Appearance Board Staff Report: Meeting 02/08/2006
5th Avenue Flats-Class V Site Plan, Landscape Plan, Waivers, and Architectural Elevations
Page?
Pacific Juniper. At the east side of the building are to be planted numerous Dwarf Youpons, Dwarf
Firebush, Red Leaf Crinum Lily, Fishtail Fern, and three (3) East Palatka Holly Trees. At the Northwest
corner landscaped area buffering the parking areas there will be one (1) Yellow Poinciana tree, two (2)
Holly Trees, and Myrsine groundcover. Finally, along the perimeter of the north and west outside
parking areas there will be a combination of Travelers and Washingtonian Palms with Awbukii Vib.
making up the groundcover. The landscaped parking islands are proposed to be either Red Crepe
Myrtle Trees or Song of Jamaica. The east entrance into the outside portion of the parking area will
have one (1) Holly Tree and Fishtail Fern and Blue Pacific Juniper Shrubbery.
As recommended by the City Landscape Inspector, this site is proposing the use of drought resistant
xeriscape plants (grasses and Junipers) which will not require extensive maintenance.
Per a January 10, 2006 letter the applicant has submitted two waiver requests to Section 4.6.16,
Landscaping Regulations for Multiple Family & Commercial Development. The first waiver is in regard
to the minimum perimeter landscaping requirements for abutting properties (Section 4.6.16(H)(3)(d)
and the second is a requirement for landscaped islands for each row of parking spaces (Section
4.6.16(H)(3)U).
Pursuant to LOR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a
finding that the granting of the waiver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of public facilities;
(c) Shall not create an unsafe situation; or,
(d) Does not result in the grant of a special privilege in that the same waiver would be
granted under similar circumstances on other property for another applicant or owner.
The applicant has provided the following information concerning the two requested waivers:
1. "Per Section 4.6. 16(H)(3)(d) this section requires that a five foot strip of landscape to be provided
between the off-street parking and the abutting property line. The current site plan provides a ve/y
adequate 21 '-4" buffer starting at the most western point along the North property line and then
proceeding east, tapers to 3'-4" at the beginning of the parking area and then tapers to 2'-2" at the
eastern most point along the North property line. The client has requested a waiver for this item. "
2. Per Section 4.6. 16(H)(3)(j) This section requires that at the end of a row of parking spaces, the row
of spaces shall be terminated by a five foot landscaped island. However, according to Section
4.6. 16(H)(3)(i) a row of ten regular spaces are permitted before a landscape island is required. The
current site plan provides a row of ten spaces along the North Property line which is terminated by
landscape areas. Furthermore, all rows of parking are terminated by landscape areas, and therefore,
no landscape islands between parking are required. It should be noted that even though no islands are
required, the client has, for the good of the project, placed several throughout the site. The client has
requested a waiver for this item."
In analyzing the first waiver request, Section 4.6.16(H)(3)(d) concerns perimeter landscaping
requirements relating to abutting properties and states:
A landscaped barrier shall be provided between the off-street parking area or 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 vehicular use area
and such abutting property. This landscape barrier shall be located between the common lot
line and the off-street parking area or other vehicular use area in a planting strip of not less
than five (5) feet in width. Duplexes may be permitted to reduce the perimeter planting strip to
Site Plan Review and Appearance Board Staff Report: Meeting 02/08/2006
5th Avenue Flats-Class V Site Plan, Landscape Plan, Waivers, and Architectural Elevations
Page8
two and one-half (2 1/2) feet in width in cases where lot frontage is less than fifty-five (55) feet.
In addition, one (1) tree shall be provided for every thirty (30) linear feet of such landscaped
barrier or fraction thereof.
The applicant indicates that the buffer (landscape strip) tapers down to a minimum of 2'-2" at the
eastern most point along the North property line. Given the minimum requirement of a 5' planting strip
this would represent a 2'-10" waiver request.
In support of this waiver request staff would note that given the small lot size of the proposed
development project that the five foot width requirements of the landscaping strips may be difficult to
achieve. The applicant has proposed the use of trees (Palms) which utilize height more so than width
to screen the off-street parking areas from the abutting properties. Also, as a point of information it
should be noted that the project location within the CBD (Central Business District) does not require a
minimum open space requirement but that the applicant proposes an overall total of 24.3%
landscaped open space.
In analyzing the second waiver request Section 4.6.16(H)(3)(i) & G) concern the requirements that
each row of parking spaces be terminated by landscape islands.
(i) Landscape islands which contain a minimum of seventy-five (75) square feet of plantable
area, with a minimum dimension of five (5) feet, exclusive of the required curb, shall be placed
at intervals of no less than one landscaped island for every ten (10) parking spaces. One
shade tree or equivalent number of palm trees shall be planted in every interior island. Where
approval for the use of compact parking has be approved, islands may be placed at intervals of
no less than one (1) island for every thirteen (13) parking spaces.
(j) Each row of parking spaces shall be terminated by landscape islands with dimensions as
indicated above, an exception to this requirement is when a landscaped area exists at the end
of the parking row.
Staff can also support the landscape waiver to eliminate the two five foot landscaping islands which are
located just outside of the indoor parking garage at the north and west rows of parking spaces. There is
a landscape island after the ninth parking space at the north row of parking spaces and no additional
landscape islands are needed. At the west row of parking spaces the smaller landscape island just
outside the indoor parking area can be eliminated and the main landscape island can be shifted one
space south to be located after the tenth parking space per requirements
LOR Section 4.6.18(E) - Criteria for Board Action: The following criteria shall be considered, by the
Site Plan Review and Appearance Board (SPRAB), in the review of plans for building permits. If the
following criteria are not met, the application shall be disapproved:
1. The plan or the proposed structure is in conformity with good taste, good design, and in general
contributes to the image of the City as a place of beauty, spaciousness, harmony, taste, fitness,
broad vistas and high quality.
2. The proposed structure, or project, is in its exterior design and appearance of quality such as not
to cause the nature of the local environment or evolving environment to materially depreciate in
appearance and value.
3. The proposed structure, or project, is in harmony with the proposed developments in the general
area, with the Comprehensive Plan, and with the supplemental criteria which may be set forth for
the Board from time to time.
The proposed development has been designed with a Modern architectural style and character. The
upper levels (second through fourth) of the structure are proposed to be stepped-back. The buildings
Site Plan Review and Appearance Board Staff Report: Meeting 01/25/2006
5th Avenue Flats - Class V Site Plan, Landscape Plan, Waivers, and Architectural Elevations
Page 9
have been designed to provide a significant relief in the perception of mass by using a diversity of roof
levels with different height intervals. The various roof lines are well articulated by stepping back as
much as 34' feet from the front facades of the building. This reduces the perception of mass, provides
a variation in design and adds significant visual interest to the elevations. In addition to the step backs
and offsets provided, the architectural elevations of the structure also incorporate diversity in light green
colors, window and door shapes, parapets, and varying the locations. The fascia is depicted as a mint
green color with a light beige color as separators between floor levels. The trim around the windows are
shown as an olive green color. The black aluminum decorative guardrails, Bahama shutters and black
awnings act to compliment the predominant green shading of the building. Texture variations in the
fayade include raised stucco banding along the roof parapets and % inch vinyl stucco reveals near the
first floor office and retail windows. French balcony windows are featured for several of the residential
units.
The ground floor parking structure proposed incorporates design elements of the main building such as
color, vertical and horizontal elements, and architectural style. The ground floor areas adjacent to the
street right-of-ways are devoted to display windows and entrances for office and commercial retail uses
which provide a visually attractive streetscape.
A change in roof design, doors, window rhythm and articulation, building materials and textures are
present at the front (east) elevation along NE 5th Avenue and the south elevation along NE 2nd Street.
The west and north elevations, while having less architectural diversity than the building elevations
facing the streets, do provide some variation in the windows, balconies and fa~ade reveals.
The proposed structure is in conformity with good taste; good design, and in general contributes to the
image of the City with a high quality architectural design product. Thus, positive finding can be made
with respect to LDR Section 4.6.18 (E).
REQUIRED FINDINGS (Chapter 3):
Pursuant to LOR Section 3.1.1 (Required Findings), prior to the approval of development
applications, certain findings must be made in a form which is part of the official record. This
may be achieved through information on the application, the staff report, or minutes. Findings
shall be made by the body, which has the authority to approve or deny the development
application. These findings relate to Future Land Use Map Consistency, Concurrency,
Comprehensive Plan Consistency and Compliance with the LDRs as noted below.
FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and the
zoning district must be consistent with the land use designation.
The subject property has a Future Land Use Map designation of CC (Commercial Core) and is zoned
CBD (Central Business District). The CBD zoning district is consistent with the (CC) Future Land Use
Map designation. Pursuant to LDR Section 4.4.13(B)(4), multi-family dwelling units, excluding
duplexes, are allowed in the Central Core area of the Central Business District up to a density of 30
dwelling units per acre as permitted uses. Also, pursuant to LDR Section 4.4.13(B)(1) & (2), General
Retail and Office uses are allowed as permitted uses. Based upon the above, positive findings can be
made with respect to consistency with the Future Land Use Map.
CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new
development concurrent with issuance of a Certificate of Occupancy. These facilities shall be
provided pursuant to levels of service established within the Comprehensive Plan.
Site Plan Review and Appearance Board Staff Report: Meeting 01/25/2006
5th Avenue Flats - Class V Site Plan, Landscape Plan, Waivers, and Architectural Elevations
Page 10
Water and Sewer: Water service is accessible via service lateral connections extensions from an
existing 6 inch water main along NE 2nd Street and existing 12 inch water main along NE 5th Avenue.
Sewer service will be provided via a lateral connection to a 15 inch sewer line along NE 2nd Street.
Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment
Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Based upon
the above, positive findings can be made with respect to this level of service standard.
Drainaae: The site plan indicates that an exfiltration trench system will be placed under the parking lot
(both inside and outside the building) for drainage. There are no problems anticipated in
accommodating on-site drainage; however, additional engineering details, regarding drainage will need
to be addressed at the time of site plan approval. Based upon the above, positive findings with respect
to this level of service standard can be made.
Streets and Traffic: A traffic study was submitted by Gerald B. Church, P.E. which indicates the
proposed development will generate 14 peak a.m. and 18 peak p.m. vehicle trips onto the surrounding
roadway network. A letter has been received from the Palm Beach County Engineering Department
indicating that the proposed mixed-use project meets the Traffic Performance Standards for
concurrency subject to the project aggregation rules. Based upon the above, a positive finding can be
made with respect to traffic concurrency.
Parks and Recreation Facilities: The proposed 12 residential units will not have a major impact with
respect to the level of service standards for parks and recreation facilities. However, pursuant to LOR
Section 5.3.2(C), whenever a development is proposed upon land which is not designated for park
purposes in the Comprehensive Plan, an impact fee of $500.00 per dwelling unit will be collected prior
to issuance of building permits for each unit. This will require that an impact fee of $6,000.00 will be
paid for this development.
Solid Waste: Trash generated each year by the proposed 12 dwelling units is 6.24 tons; 4.63 tons for
the 908 square feet of retail floor area; and 6.14 tons for the 2,275 square feet of office area. The
combined total of the proposed mixed use project is 17.01 tons per year. The Solid Waste Authority has
indicated that its facilities have sufficient capacity to handle all development proposals until the year
2024. Therefore, a positive finding with respect to this level of service standard can be made.
Schools: The applicant has submitted a School Concurrency Application to the School District of Palm
Beach County, which has responded back to Planning & Zoning that the development proposal is in
compliance with the adopted Level of Service for School Concurrency.
CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required
findings in LOR Section 2.4.5(E) (5) for the Conditional Use request shall be the basis upon
which a finding of overall consistency is to be made. Other objectives and policies found in the
adopted Comprehensive Plan may be used in making a finding of overall consistency.
A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the
following applicable objectives and policie.s that are relevant to the Conditional Use application are
noted:
Future Land Use Element Obiective A-1: Property shall be developed or redeveloped in a
manner so that the future use and intensity is appropriate and complies in terms of soil,
topographic, and other applicable physical considerations, is complimentary to adjacent land
uses, and fulfills remaining land use needs.
Site Plan Review and Appearance Board Staff Report: Meeting 01/25/2006
5th Avenue Flats - Class V Site Plan, Landscape Plan, Waivers, and Architectural Elevations
Page 11
There are no special physical or environmental characteristics of the land that would be negatively
impacted by the proposed mixed use (residential, retail and office) development. The development will
be complimentary with the surrounding commercial developments and provide a customer base for the
businesses on a year-round basis, which in turn will provide economic stability and growth for the
downtown area.
In terms of fulfilling remaining land use needs, the Housing Element of the Comprehensive Plan states
the following:
"One of the most important objectives of the City's overall housing policy is the establishment of
housing in the downtown area. In the years since adoption of the 1989 Comprehensive Plan the
downtown has changed from a somewhat sleepy, seasonally oriented shopping district to a vibrant
year-round retail, service, and entertainment area with an active nightlife. A critical missing element
is a significant housing development. The City recognizes the importance of providing housing in
close proximity to shopping, employment, and transportation, and the need to have a residential
base to support the businesses in the downtown area".
The proposed Fifth Avenue Flats development will help to fulfill this stated land use need by providing
12 additional dwelling units to the downtown area in close proximity to shopping and place of work, and
is therefore consistent with this policy.
Future land Use Element Obiective C-4: The Central Business District (CBD) represents the
essence of what is Delray Beach i.e. a "village like, community by the sea". The continued
revitalization of the CBD is essential to achieving the overall theme of the City's Comprehensive
Plan of "A City Set Apart In South Florida". The following policies and activities shall be
pursued in the achievement of this objective:
Policy C-4.1: The CBD zoning district regulations shall facilitate and encourage rehabilitation
and revitalization and shall, at a minimum, address the following:
o Deletion of inappropriate uses;
o Incentives for locating retail on the ground floor with office and residential use on
upper floors;
o Accommodating parking needs through innovative actions;
o Incentives for dinner theaters, playhouses, and other family oriented activities;
o Allowing and facilitating outdoor cafes;
o Incentives for mixed use development and rehabilitation;
o Elimination of side yard setback requirements; and
o Allow structural overhang encroachments into required yard areas.
The development proposal will locate 12 residential dwelling units of various floor plans and sizes within
the downtown area. The residents of these dwellings will be able to walk to shops, restaurants, cultural
areas and parks. They will interact on a regular basis with the storekeepers and employees, and their
neighbors. They will get to know the downtown much more intimately than the majority of Oelray
residents. They will play a major role as participants in and contributors to, the downtown area
community. The Fifth Avenue Flats development proposal is consistent with Future Land Use Element
Policy C-4.1 as it will facilitate the continued rehabilitation and dynamic revitalization of the CBO zoning
district.
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.
Site Plan Review and Appearance Board Staff Report: Meeting 01/25/2006
5th Avenue Flats - Class V Site Plan, Landscape Plan, Waivers, and Architectural Elevations
Page 12
The development proposal does propose a bicycle parking facility (i.e. bike rack) on site which is
adjacent to the entrance/lobby area of the building. The bike rack has been re-Iocated outside of the
site visibility triangle. With this modification to the location of the bike racks this development will now
comply with Transportation Element Policy D-2.2.
Open Space and Recreation Element Policy A-3.1 : Tot lots and recreation areas serving children
from toddlers to teens, shall be a feature of all new housing developments as part of the design
to accommodate households having a range of ages. This requirement may be waived or
modified for residential developments located in the downtown area and for infill projects
having fewer than 25 units.
This requirement may be waived or modified for projects in the downtown, because the City recognizes
that households located in the downtown are likely to have fewer children than those located in
suburban settings. Further, land in the downtown is at a premium and it can be cost prohibitive to
provide recreational features such as tennis courts, volleyball courts, etc. However, the proposed
development does provide some recreational facilities to its residents, such as a swimming pool, lounge
and exercise room.
Some of the recreational, cultural and open space opportunities located in proximity to the Fifth Avenue
Flats development include: Veteran's Park, which includes a large playground and recreational area;
the Municipal Beach, the Osceola Park Currie Commons which includes a baseball field and
playground, the City's Tennis Center, and Old School Square Cultural Center. As playground areas are
located close by (Veteran's Park and Osceola Park Currie Commons) and other facilities that can be
utilized by children, such as the pool, the intent of this policy will be met. Based on the above it is
appropriate to waive in part (tot lot) this requirement to provide these services entirely on site.
Housina Element Obiective B-2: Redevelopment and the development of new land shall result in
the provision of a variety of housing types which shall continue to accommodate the diverse
makeup of the City's demographic profile, and meet the housing needs identified in this
Element. Policies, which will implement this objective, include:
Housina Element Policy B-2.2: The development of new adult oriented communities within the
City is discouraged. New housing developments shall be designed to accommodate households
having a range of ages, especially families with children, and shall be required to provide three
(3) and four (4) bedroom units and activity areas for children ranging from toddlers to teens.
This requirement may be waived or modified for residential development located in the
downtown area and for infill projects having fewer than 25 units.
This development will not be restricted to occupancy by adults only. However, it is acknowledged that
downtown dwellings are not typically occupied by families with children. The proposed development
will primarily accommodate young and middle-age professionals. The development will provide a mix
of one (1) and two (2) bedroom units. As allowed by this policy, it is appropriate that there not be a
requirement to provide three (3) and four (4) bedroom units and specific activity areas for children for
those residential development located in the downtown area.
Housina Element Policy B-2.6: Housing in and near the downtown area, in close proximity to
employment opportunities and services, is a critical need. In order to help stimulate demand for
new housing in and around the Central Business District, the development of new rental
housing projects outside of the TCEA and North Federal Highway area is discouraged.
The development proposal is consistent with Housing Element Policy B-2.6 as it provides the desired
type of residential development within the CBD.
Site Plan Review and Appearance Board Staff Report: Meeting 01/25/2006
5th Avenue Flats - Class V Site Plan, Landscape Plan, Waivers, and Architectural Elevations
Page 13
Housina Obiective A-12: To assist residents of the City in maintaining and enhancing their
neighborhood environment, the City shall take steps to ensure that modifications in and around
the neighborhood do not lead to its decline, such as those described in the following policies.
Housina Policy A-12.3: In evaluating proposals for new development or redevelopment, the City
shall consider the effect that the proposal will have on the stability of nearby neighborhoods.
Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in
terms of their potential to negatively impact the safety, habitability and stability of residential
areas. If it is determined that a proposed development will result in a degradation of any
neighborhood, the project shall be modified accordingly or denied.
As noted previously, the residents of this development will aid in the revitalization and economic
stability of the downtown area. Moreover, the introduction of additional residential dwelling units will
increase safety of the area by introducing more night time activity and more "eyes on the street" as a
deterrent to criminal behavior. The proposed increase in height should not have a significant impact on
the area as the design guideline requirements for the CBO help to minimize negative impacts. Based
upon the above, the development proposal will be consistent with Housing Policy A-12.3.
Pursuant to LOR Section 2.4.5{E} (5), in addition to provisions of Chapter 3, 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 following table identifies the zoning designations and uses adjacent to the subject property:
North:
South:
East:
West:
The development proposal will significantly enhance the aesthetics of the subject property unifying the
majority of the parcels under a single development. Further, the neighborhood and the downtown as a
whole will benefit by the inclusion of new residential dwelling units.
Community Redevelopment Aaency (CRA):
At its meeting of September 22, 2005, the CRA reviewed the conditional use request for a building
height increase and the project site plan recommending approval subject to staff conditions.
Downtown Development Authority:
At its meeting of August 10, 2005, the OOA reviewed the conditional use request for a building height
increase and site plan recommending approval subject to staff conditions.
Courtesy Notices:
Courtesy notices have been provided to the following homeowner's associations and interested parties,
which have requested notice of developments in their areas:
).> Neighborhood Advisory Council
Site Plan Review and Appearance Board Staff Report: Meeting 01/25/2006
5th Avenue Flats - Class V Site Plan, Landscape Plan, Waivers, and Architectural Elevations
Page 14
);> President's Council
);> Delray Beach Chamber of Commerce
);> Progressive Residents of Delray Beach
Letters of objection or support, if any, will be presented at the Site Plan Review and Appearance Board
meeting.
The development proposal includes the construction of a four-story mixed-use building, containing
1,048 square feet of retail floor area and 2,509 square feet of office floor area on the first floor; and 12
residential condominium units (one, two, three-bedroom) on floors 2-4. In addition, a total of twenty-nine
(29) parking spaces are proposed for the development. Eleven (11) spaces are to be located within the
structure, on the first floor. The remaining eighteen (18) spaces, including the two handicapped spaces
are to be located behind the building to the west and north. Also, recreational facilities, including a pool
& deck area, lounge, and exercise room are proposed on the fourth floor.
The provision of these additional residential dwelling units and convenient retail and office services
within the downtown area will further the long term revitalization and stabilization of the CBD. The
proposed use will be consistent with the objectives and policies of the Comprehensive Plan and
Chapter 3 of the LOR, provided the attached conditions of approval are addressed.
A. Continue with direction.
B. Move approval of the Class V site plan, landscape plan, landscape waivers, sight visibility triangle
waivers, stacking distance waivers, and architectural elevations for Fifth Avenue Flats, by adopting
the findings of fact and law contained in the staff report, and finding that the request and approval
thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(F),
2.4.7(B) (5), and Chapter 3 of the Land Development Regulations, subject to conditions.
C. Move denial of the Class V site plan, landscape plan, landscape waivers, sight visibility triangle
waivers, stacking distance waivers, and architectural elevations for Fifth Avenue Flats, by adopting
the findings of fact and law contained in the staff report, and finding that the request is inconsistent
with the Comprehensive Plan and does not meet criteria set forth in Sections 2.4.5(F), 2.4.7(8) (5),
and Chapter 3 of the Land Development Regulations.
By Separate Motions:
Waivers:
1. Move a recommendation of approval of the request for a waiver to LOR Section 4.6.16(H)(3)(d)
Perimeter Landscapinq Requirements relatinq to abuttinq properties, to reduce the minimum
requirement for a five foot (5') landscape strip between the off-street parking area and abutting property
line to two feet, ten inches (2', 10"), by adopting the findings of fact and law contained in the staff report,
and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in
Section 2.4.7(8)(5) of the Land Development Regulations.
2. Move a recommendation of approval, of the request for a waiver to LOR Section 4.6.16(H)(3) (i)
& 0), that each row of parkinq spaces be terminated bv landscape islands, to remove the two five foot
Site Plan Review and Appearance Board Staff Report: Meeting 01/25/2006
5th Avenue Flats - Class V Site Plan, Landscape Plan, Waivers, and Architectural Elevations
Page 15
(5') landscaped islands at the end of the parking space rows which are located just outside of the
indoor parking garage at the north and west rows of parking spaces based on the supporting findings of
the landscape analysis waiver 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 meets criteria set forth in
Section 2.4.7(8)(5) of the Land Development Regulations.
3. Move a recommendation of approval, of the request for a waiver to LDR Section
4.6.9(D)(3)(c)(1), to reduce the minimum stackina distance between a rioht-of-way and the first parkina
space or aisle way in a parkina lot that has 21-50 parkina spaces from 20 feet to 17 feet at the east
entrance (NE 5th Avenue) parking and 15 feet at the south entrance (NE 2nd Street).
4. Move a recommendation of approval, of the request for a waiver to LDR Section 4.6.14(A)(1), to
allow for a 4 foot by 2 foot column obstruction in the reauired 20 foot site visibility trianale at the
intersection of the aaraae driveways and the public riaht-of-way for the NE 5th Avenue aaraae entrance.
5. Move a recommendation of approval, of the request for a waiver to LDR Section 4.6.14(A)(2),
which reauires a 40' siaht trianale at the street intersection of N.E. 2nd Street and N.E. 5th Avenue for
the south elevation by allowina the buildina to encroach by 5 feet.
Site Plan:
Move approval of the Class V site plan for 5th Avenue Flats, by adopting the findings of fact and law
contained in the staff report, and finding that the request and approval thereof is consistent with the
Comprehensive Plan and meets criteria set forth in Sections 2.4.5(F) and Chapter 3 of the Land
Development Regulations, subject to the following conditions:
1. That revised plans are submitted prior to the issuance of a building permit addressing all of the
Site and Engineering Plan Technical Items and the listed conditions as indicated in the staff report.
2. That the facilities serving the development shall be located underground throughout the
development and a note be provided on the site plan to this effect.
3. That a plat is processed and recorded prior to issuance of a building permit.
4. Revise site plan site data to indicate the correct residential density is 27.9 units per acre.
5. Revise site plan to correct the stacking distance label for NE 5th Avenue from 22 feet to 17
feet.
6. That the applicant executes a restrictive covenant in the Condominium Documents, stating
that no individual parking spaces shall be reserved for residents or business uses now or
in the future without the provision of additional parking.
7. Reduce the number of compact parking spaces from 9 to 8 spaces to comply with the 30%
maximum.
8. Reduce the average foot-candles to 1.0 and maximum foot-candles to 4.0 for the outdoor
parking areas per LDR Section 4.6.8.
9. Per City Engineer: for the approval of the 4 foot by 2 foot column obstruction in the sight
visibility triangle at the Northeast property exit revise site plan to remove all landscaping
on the left (North) side of the egress onto NE 5th Avenue which has the ability to grow taller
than 3 feet.
Site Plan Review and Appearance Board Staff Report: Meeting 01/25/2006
5th Avenue Flats - Class V Site Plan, Landscape Plan, Waivers, and Architectural Elevations
Page 16
10. Remove all other proposed landscaping (Trees) in the 20 foot NE 2nd Street sight distance triangles
which have the ability to grow in excess of three feet.
11. Provide copy of the Florida Department of Transportation (FOOT) pre-application letter to
Engineering.
12. Adjust the proposed lot frontage of 26' 4", bv 8 inches. to comply with the 27 foot minimum
required setback based on lot frontage for NE 2nd Street between 25 and 37 feet.
LandscaDe Plan:
Move approval of the landscape plan for 5th Avenue Flats, 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
Section 4.6.16 of the Land Development Regulations, subject to the following conditions:
1. Address all landscaping technical comments (except those pertaining to the landscape waivers)
and requirements per LOR, Section 4.6.16 prior to the issuance of a building permit.
Architectural Elevations:
Move approval of the architectural elevations for 5th Avenue Flats, by adopting the findings of fact and
law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan
and meets criteria set forth in Section 4.6.18(E) of the Land Development Regulations.
Attachments: Appendix "A"; Appendix "B"; Site Plan; Landscape Plan and Architectural Elevations, Waiver Request Letters
Staff Report Prepared by: James G. Cain, Senior Planner
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.
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.
x
C. Open space enhancements as described in Policies found under Objective B-1 of the Open
Space and Recreation Element are appropriately addressed.
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.
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.
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.
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 a Iicable
Meets intent of standard
Does not meet intent
H. The City shall consider the effect that the proposal will have on the stability of nearby
neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns
shall be reviewed in terms of their potential to negatively impact the safety, habitability and
stability of residential areas. If it is determined that a proposed development will result in a
degradation of any neighborhood, the project shall be modified accordingly or denied.
x
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.
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.
1 . Approval of a site plan by SPRAB that is in general conformance to the submitted sketch
plan and addresses the deficiencies contained in this report;
2. That the proposed development be revised to comply with LDR Section 4.4.13(F)(3)
[Table4.4.13-2] as six (6) building frontage and setback requirements are not in
compliance with development standards;
3. That the applicant executes a restrictive covenant in the Condominium Documents,
stating that no individual parking spaces shall be reserved for residents or business uses
now or in the future without the provision of additional parking;
4. That the parking area be reconfigured to reduce the number of compact parking spaces
from 10 to 9 spaces to meet the maximum of 30% compact parking spaces;
5. That the site plan be revised to convert the open space area next to the east garage
entrance/exit area into a Faux (false storefront window); and that the remainder of the
open areas adjacent to the garage entrances on the south garage entrance/exit area be
enclosed; and
6. That a written finding of concurrency approval from the School District of Palm Beach
County be provided;
.
l"~tlt1:t
aI'~
111111
ARCHITECTURE
85 S.E. 4TH AVENUE
DELRA Y BeACH. Fl 33483
PHONE: 561.272.7301
fAX: 561.272.3722
8REWERARCHlTECTURE .COM
January 31, 2006
James Cain
Planning and zoning
City of DeI'W Beach
100 N.W. 1 Ave.
Delray Beach, FL 33444
RE: S.P.R.A.B. comments
Dear Jim:
We have revised our plans for the above referenced project and hereby offer the following responses to additional
comments of January 29 2006:
Auaust 29. 2005
1. Per Section 4.6.9 (0) (3) (c) (1), this section requires the stacking distance of 20 feet. The current site plan,
along S.E. 5th Ave. allows a stacking distance of 17' as measured from the property line to the first space,
however, taking into account the sidewalk, and on-street parking along S.E. 5th Ave., the distance from the
actual point of egress to the site to the first parking space provides a stacking distance of 33'-8". The current
site plan, along N.E. 2nd St. allows a stacking distance of 16'-4" as measured from the property line to the
first space, however, taking into account the sidewalk, and on-street parking along N.E. 2nd St., the stacking
distance from the actual point of egress to the site to the first parking space is 28'-5". It is our position that the
stacking distance is adequate based upon the actual conditions that exist pertaining to this site. The client
has requested a waiver for this item.
2. Per Section 4.6.14 (A) (1) This section requires a 20 foot visibility triangle clear of all landscaping
obstructions, but it also allows for vertical elements to exist such as trees, and makes no mention of
prohibiting any building elements in the site triangle. As stated in the stacking distances response, the actual
distances to the traffic lanes along S.E. 5th Ave is 33'-8" and along N.E. 2nd St. is 28'-5", which allows a clear
and unencumbered site triangle in excess of 20 feet for access to both streets. The building design further
takes the importance of the site visibility into account with the placement of large view windows which exist at
both sides of both openings to the building garage. Additionally, the main column along S.E. 5th Ave has been
narrowed from the original design in response to staffs concerns. It is our position that the site visibility is
adequate based upon the actual conditions that exist pertaining to this site. The client has requested a waiver
for this item.
Please feel free to contact me if any additional information is required.
Thank you for your assistance.
Respectfully:
Terry L. Lessard
Project Architect
Cc: Morrison Properties
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRA Y BEACH, FLORIDA
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. These waiver requests came before the City Commission on March 6,
2006.
2. The City staff, applicant, and other persons have presented documentary
evidence and testimony to the City Commission pertaining to the waiver requests of 5th
Avenue Flats. All of the evidence is part of the record in this case. Required findings
are made in Paragraphs 4 through 6 below.
3. Waivers: Pursuant to LOR Section 2.4.7(B)(5), prior to granting a waiver,
the approving body shall make a finding that the granting of the waiver:
(a) shall not adversely affect the neighboring area;
(b) shall not significantly diminish the provision of public facilities;
(c) shall not create an unsafe situation; and
(d) does not result in the grant of a special privilege in that the same
waiver would be granted under similar circumstances on other
property for another applicant or owner.
4. Stackinq Distance: Per LOR Section 4.6.9(D)(3)(c)(I), the minimum
stacking distance between a right-of-way and the first parking space or aisle way in a
parking lot that has 21-50 parking spaces shall be 20 feet. The proposed stacking
distances for the car parking at the south entrances (NE 2nd Street) are 15' and for the
east entrance (NE 5th Avenue) is 17'.
Should the waiver be granted for the stacking distance?
Yes No
5. Siqht Visibility Trianale at the Intersection of the Garaae Driveways and
the Riqht-of-Way for the NE 5th Avenue Garaae Entrance: Pursuant to LOR Section
4.6.14(A)(1), a 20 foot sight visibility triangle is required at the intersection of the garage
driveways and the public right-of-way. The applicant shows the required 20 foot sight
(3~\0\I
Acld~~' a:~ ~ ~ 9-A
visibility triangles but has a 4 foot by 2 foot column and landscaping obstructing the
view on NE 5th Avenue. The applicant requests the waiver to allow these obstructions
in the sight visibility triangle for the NE 5th Avenue garage entrance.
Should the waiver be granted?
Yes No
6. Siqht Visibility Trianale at the Street Intersection of NE 2nd Street and NE
5th Avenue: Pursuant to LOR Section 4.6.14(A)(2), a 40 foot sight triangle is required at
the intersection of NE 2nd Street and NE 5th Avenue. There is a 45 foot visibility triangle
shown but the triangle was measured incorrectly from the curb lines for NE 2nd and NE
5th instead of from the property lines, thus, the triangle is actually encroaching five (5)
feet into the proposed building footprint.
Should the waiver be granted?
Yes No
7. The City Commission has applied the Comprehensive Plan and LOR
requirements in existence at the time the original site plan 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 which supports the findings set forth in this Order.
9.
Based on the entire record before it, the City Commission approves
denies
the waiver requests and hereby adopts this Order this _ day of March,
2006, by a vote of
in favor and
opposed.
Jeff Perlman, Mayor
ATTEST:
Chevelle Nubin
City Clerk
2
WEINER & ARONSON, P.A.
ATTORNEYS AT LAW
The Clark House
102 North Swinton Avenue
Delray Beach, Florida 33444
Telephone: (561) 265-2666
Telecopier: (561) 272-6831
E-mail:jmankoff@zonelaw.com
MICHAEL S. WEINER
CAROLE J. ARONSON
JASON S. MANKOFF
KERRY D. SAFIER
PAM I R. MAUGHAM
March 17, 2006
Via Hand-Delivery
City Clerk
Delray B.each City Hall
100 NW 1st Avenue
Delray B.each, Florida 33444
Re: Conditional Use RequestlMaroone Ford
Our File No.: AUNA002
Dear Sir/Madam:
v*
l>>(
OF COUNSEL:
ROBERT MARC SCHWARTZ, PA
Florida Bar Board Certified
Real Estate Lawyer
~. :\ ~ECEIVED
~\\\~ ~. i\
CITY CL~
We respectfully request that Regular Agenda Item No. 9.B. on the City Commission Agenda
of Tuesday, March 21,2006 be postponed until the next City Commission hearing. The reason for
this request is that our firm has just been hired in this matter.
Thank you very much for your consideration in this matter.
Iy yours
son S. Mankoff
JSM:vf
Cc: Mr. Paul Dorling, Director of Planning and Zoning
Mr. Harry Brumley
Michael Archey, Esquire (via telecopier)
Mr. Rene Betancur
Michael S. Weiner, Esquire
O:\AUNA002\Letter to City Clerk.March17.doc
C16
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FROM:
MANAGER
"-
OF PLnG AND ZONING
JAMES G. CAIN, SENI PLANNEY"",- ~__ ~
MEETING OF MARCH 21, 2006
CONDITIONAL USE REQUEST TO ESTABLISH A PARKING AND STORAGE LOT
FOR VEHICLES WITHIN THE MIC (MIXED INDUSTRIAL AND COMMERCIAL)
DISTRICT FOR MAROONE FORD. LOCATED ON THE WEST SIDE OF WALLACE
DRIVE. BETWEEN GEORGIA STREET AND MILFRED STREET.
TO:
SUBJECT:
BACKGRO
The 1.923 acres of property consists of Lots 6, 7, & 8 of Platt's Acres Subdivision and is recorded in
Plat Book 21, Page 47 of the public records of Palm Beach County.
The proposed 246 space parking and storage lot is to be utilized in association with the Maroone Ford
car dealership to the south and east. The parcel will serve as an overflow bullpen parking lot for the
existing dealership for its new and used dealer stock. The applicant has submitted the following
project description;
'The lot will be used for outdoor storage of new and used vehicles for Maroone Ford which is located
just south of this project. This lot will help alleviate a shortage of storage space for existing inventory.
There will be no additional employees or additional structures associated with it. The vehicles will be
stored in "Bullpen" parking configuration and the hours of operation will coincide with the existing
dealership. "
Outdoor storage of new and used vehicles is allowed as a conditional use within the MIC Zone District
and that request is before you for approval.
~
PLANNING AND ZONING BOARD CONSIDERATION
1
The Planning and Zoning Board held a public hearing on this request on February 27, 2006. After
presentations from Planning Staff and the applicant the Board voted 7-0 to recommend to the City
Commission approval of the conditional use request, based upon positive findings with respect to the
Comprehensive Plan and Section 2.4.5(E) (5), and Chapter 3 of the Land Development Regulations
subject to eight conditions of approval identified in the Planning & Zoning Staff report of February 27,
2006.
By motion, approve the conditional use request to allow for the utilization of lots for the parking and
storage of vehicles within the MIC (Mixed Industrial and Commercial) District for Maroone Ford, by
adopting the findings of fact and law contained in the staff report, and finding that the request is
consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(E)(5) and
Chapter 3 of the Land Development Regulations, subject to the eight conditions of approval identified
in the Planning and Zoning Staff report of February 27,2006.
Attachments: P & Z Staff Report of February 27,2006
9&
PLAN"lING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
February 27. 2006
IV-B.
Conditional Use Request to allow for the parking and storage of new and used
vehicles for Maroone Ford Outdoor Vehicle Storage, on a 1.923 acre parcel. The
subject property is located at 1320 Wallace Drive which is bounded by Gwenzell
Avenue on the west and Wallace Drive on the east. As a further point of reference
this is north of Milford Street and south of Georgia Street. (Quasi-Judicial Hearing).
GENERAL DATA:
Ownerl Applicant.........................
Location... ....... .................... ........
Property Size..............................
Future Land Use Map................
Current Zoning.... ................... .....
Adjacent Zoning...............North:
South:
East:
West:
Existing Land Use......................
Proposed Land Use....................
Water Service.............. ... ............
Sewer Service.. ........................ ...
S.W.
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Maroone Ford
(Harry Brumley)
1320 Wallace Drive
1.923 Acres
CMR (Commerce)
MIC (Mixed Industrial-
Commercial District)
MIC
MIC & AC
AC
IND
Vacant
Parking lot for new & used
vehicles
Existing 10" & 8"water lines
along Wallace Drive &
Gwenzell Avenue
Existing 8" sewer line along
Gwenzell Avenue
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Planning and Zoning Board Staff Report: Meeting 02/27/06
Maroone Ford Outdoor Vehicle Storage-Conditional Use
.
The action before the Board is making a recommendation to the City Commission on a
Conditional Use request to allow for the parking and storage of new and used vehicles for
Maroone Ford Outdoor Vehicle Storage. The parking and storage of vehicles is allowed as a
conditional use per Land Development Regulation Section 4.4.19(D)(2)(b) in the MIC (Mixed
Industrial & Commercial District) The property is addressed as 1320 Wallace Drive and is
bounded by Gwenzell Avenue on the west boundary of the property and Wallace Drive on the
east boundary. For a point of reference this is north of Milford Street and south of Georgia
Street.
The 1.923 acres of property consists of Lots 6, 7, & 8 of Platt's Acres Subdivision and is
recorded in Plat Book 21, Page 47 of the public records of Palm Beach County.
The proposed car lot is to be associated with the Maroone Ford car dealership to the south and
east. The parcel to the south is seeking to use the site as overflow bullpen parking for its new
and used dealer stock.
A conditional use application has been submitted to establish a parking lot for new and used
vehicles for Maroone Ford in the MIC (Mixed Industrial-Commercial zoning district). This
conditional use application is now before the Board for consideration and recommendation to
the City Commission.
The request is for a conditional use to allow for the outdoor storage of new and used vehicles in
a 246 space parking lot. There is to be no building construction associated with the project so
building setbacks are not an issue. The applicant has submitted the following project
description:
"The lot will be used for outdoor storage of new and used vehicles for Maroone Ford which is
located just south of this project. This lot will help alleviate a shortage of storage space for
existing inventory. There will be no additional employees or additional structures associated with
it. The vehicles will be stored in "Bullpen" parking configuration and the hours of operation will
coincide with the existing dealership. "
REQUIRED FINDINGS: (Chapter 3):
Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development
applications, certain findings must be made in a form which is part of the official record.
This may be achieved through information on the application, the staff report, or
minutes. Findings shall be made by the body which has the authority to approve or deny
the development application. These findings relate to the following four areas.
Planning and Zoning Board Staff Report: Meeting 02/27/06
Maroone Ford Outdoor Vehicle Storage-Conditional Use
FUTURE LAND USE~MAP: The use or structures must be allowed in the zone district and
the zoning district must be consistent with the land use designation.
The subject property has a CMR (Commerce) Future Land Use Map (FLUM) designation and is
zoned MIC (Mixed-Industrial-Commercial). The MIC zoning is consistent with the CMR land use
designation. The proposal is to construct a parking lot for new and used car storage for
Maroone Ford. This is allowed as a conditional use in the MIC zone pursuant to LDR Section
4.4.19(D)(2)(b). Based upon the above, a positive finding can be made with respect to
consistency with the Future Land Use Map designation.
CONCURRENCY: Facilities which are provided by, or through, the City shall be provided
to new development concurrent with issuance of a Certificate of Occupancy. These
facilities shall be provided pursuant to levels of service established within the
Comprehensive Plan.
The development proposal is to establish a bullpen type overflow parking lot for new and used
vehicles. The development of the property for use as a parking area will not have a negative
impact with respect to concurrency as it relates to traffic, parks and recreation, solid waste,
drainage or schools.
Water and Sewer:
. There are 10" water lines along Wallace Drive and 8" along Gwenzell Avenue which are in
place. These are readily available and would require only minor extensions to bring water
service to the site for the irrigation of landscaping and cleaning of vehicles.
. There is an 8" sewer line which extends the length of Gwenzell Avenue at the west portion
of the property. With no buildings planned there would be no need for sewer/sanitation
facilities.
. Adequate fire suppression can be provided to the site from two existing fire hydrants
located to the west across Wallace Drive.
The Comprehensive Plan states that adequate water and sewer treatment capacity exists to
meet the adopted Level of Service standards at the City's build-out population based on the
current FLUM. The establishment of a new and used car parking lot for overflow storage will not
increase the demand on water compared to other Commerce (Industrial, Commercial, Service)
uses. Further, similar car related uses existed to the south and east of the property. Based on
the above a positive finding can be made that concurrency with the adopted LOS standards will
be achieved with the proposed conditional use request.
Streets and Traffic:
According to the submitted traffic statement, the proposed vehicle storage parking lot would not
have an impact or increase A.M. and P.M. peak hour trips. The traffic statement has been
transmitted to the Palm Beach County Traffic Division for review. A letter from the Palm Beach
County Traffic Division stating that the proposal complies with the Palm Beach County Traffic
Performance Standards Ordinance must be provided by the applicant and it is attached as a
condition of approval. It is anticipated that the proposal will meet traffic concurrency standards.
Based upon the above condition of approval being addressed, a positive finding with respect to
traffic concurrency can be made.
2
Planning and Zoning Board Staff Report: Meeting 02/27/06
Maroone Ford Outdoor Vehicle Storage-Conditional Use
CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and
required findings in Section 2.4.5(E)(5) for the Conditional Use request shall be the basis
upon which a finding of overall consistency is to be made. Other objectives and policies
found in the adopted Comprehensive Plan may be used in making a finding of overall
consistency.
A review of the objectives and policies of the adopted Comprehensive Plan was conducted and
the following applicable policy was found:
Policy A-2.4 Automobile uses are a significant land use within the City and as such they
have presented unique concerns. In order to properly control these uses and guide them
to locations which best suit the community's future development, the following shall
apply:
- - 4) Automobile dealerships shall be directed to the following areas:
· North of George Bush Boulevard, between Federal and Dixie Highways;
· East side of Federal Highway north of the north property line of the Delray Swap
Shop/Flea Market;
· South of Linton Boulevard, between Federal and Dixie Highways;
· Between the one-way pairs (Federal Highway), from SE 4th Street to SE 10th
Street; and from N.E. 5th Street to George Bush Boulevard;
· On the north side of Linton Boulevard, between 1-95 and SW 10th Avenue, and
along Wallace Drive.
The subject property is located along Wallace Drive to the west and north of existing car
dealerships. The requested use is appropriate as it is located in a designated area and will not
increase the intensity of the existing similar auto-related uses.
SECTION 2.4.5(E) REQUIRED FINDINGS: (Conditional Use)
Pursuant to Section 2.4.5(E)(5) (Findings), in addition to provisions of Chapter 3, the City
Commission must make findings that establishing the conditional use will not:
A. Have a significantly detrimental effect upon the stability of the neighborhood within
which it will be located;
B. Nor that it will hinder development or redevelopment of nearby properties.
The following zoning designations and land uses abut the subject property:
Zonina Desianation: Land Use:
North: MIC (Mixed Industrial-Commercial) Residential-Sunny Acres Subdivision
South: MIC & AC Maroone Ford
East: (AC) Automotive Commercial Maroone Dodqe, Maroone Nissan
West: IND (Industrial) GeorQia Street Industrial Park
3
Planning and Zoning Board Staff Report: Meeting 02/27/06
Maroone Ford Outdoor Vehicle Storage-Conditional Use
The proposed new aAd used vehicle parking for Maroone Ford is compatible with the existing
adjoining zoning and with the adjoining existing land uses except for the residential land uses to
the north (Sunny Acres). Adequate perimeter buffering and landscaping requirements to screen
the property will be required. To mitigate any potential impact to the residential land uses to the
north, alonq the north property line one tree shall be planted for every 25 feet to form a solid
tree line (LDR Section 4.6.16(H) (3) (e). This is attached as a condition of approval for the
conditional use request that this requirement be met with the site plan submittal to the Site Plan
Review and Appearance Board (SPRAB). In addition, a perimeter landscape buffer or wall with
a heiqht equal to or exceedinq the heiqht of all vehicles stored in the parkinq lot will be required
for screeninq. This is also attached as a condition of approval for the conditional use that this
requirement be met with the site plan submittal to SPRAB. Provided these conditions will be met
a positive finding can be made that the proposed conditional use will not have a detrimental
effect on the stability of the neighborhood nor that it will hinder development or redevelopment
of nearby properties.
COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS:
Items identified in the Land Development Regulations shall specifically be addressed by
the body taking final action on the site and development application/request.
LDR Section 4.4.19(D)(2)(b)
Pursuant to LDR Section 4.4. 19(D)(2)(b), garages and lots for the parking and storage of
vehicles are allowed a conditional uses provided any outside storage associated with such uses
may not be located within one hundred and fifty feet (150') of any property adjacent to an
arterial roadway. There are no arterial roadways within 150 feet of this site and this requirement
has been met.
LOR Section 4.4.19(H)(2)
Pursuant to LDR Section 4.4.19(H)(2), within the front yard setback, the first ten feet (10')
abutting the Wallace Drive right-of-way shall be a landscaped berm area within which no paving
shall be allowed except for driveways and walkways leading to the vehicle parking area. Such
driveways and walkways shall be generally perpendicular to the property line. This is provided
on the site plan.
LOR Section 4.3.4(H)(6)(b)(1) Special Landscape Setback:
Pursuant to Section 4.3.4(k), 25% of non-vehicular open space is required. The proposed
parking lot site is deficient with regard to the required total open space in the MIC as the
proposed plan provides 23.7% open space, primarily as a perimeter buffer (18,414 out of
21,250 square feet of landscaping) within the interior of the site. This is attached as a condition
of the conditional use approval that the landscape plan and site plan submitted to SPRAB
provide a minimum of 25% open space.
LDR Section 4.6.6(C)(2) Outside StoraQe:
Pursuant to LDR Section 4.6.6 (C)(2): (1) Materials and equipment stored outside must be
screened from view from adjacent public rights-of-way in a manner approved by the Site Plan
Review and Appearance Board. (2) It is not intended that sales or customer service be
conducted in an area designated for storage areas. These are attached as conditions for the
conditional use approval.
4
Planning and Zoning Board Staff Report: Meeting 02/27/06
Maroone Ford Outdoor Vehicle Storage-Conditional Use
LDR Section 4.6.16(l;I)(3)(i) Minimum Landscape ReQuirements:
Pursuant to LDR Section 4.6.16(H)(3)0), each row of parking spaces shall be terminated by
landscape islands which contain a minimum of seventy-five (75) square feet of plantable area,
with a minimum dimension of five feet, exclusive of the required curb, and shall be placed at
intervals of no less than one landscape island for every ten (10) parking spaces. The site plan
does not meet this requirement and will need to be satisfied for site plan approval. This is
attached as a condition of the conditional use approval that this requirement be met with the site
plan submittal to SPRAB.
LDR Section 4.6.8 Liahtina
The issues arise with the requirement for the lighting of the overall site in which the maximum
averaqe illumination cannot exceed 4.0 foot-candles. The photometric plan submitted shows a
maximum of 5.82. The revision of the photometric plan to reduce the uniform lighting to a
maximum of 4.0 foot-candles is required and attached as a condition of the conditional use
approval. The photometric plan also does not scale the concrete pole detail to determine if the
light pole and light fixture combined meet the 25 foot requirement. The concrete pole detail must
be modified to include a scale to determine compliance and is also attached as a condition of
the conditional use approval.
LDR Section 5.3.1 (D) Riaht-of-Wav Dimensions:
Gwenzell Drive is considered a Local Commercialllndustrial street requiring a 60 foot wide right-
of-way. The applicant had asked the Development Services Management Group to consider a
reduction in the required right-of-way dedication from 60 to 50 feet per LDR Section 5.3.1 (D)(4)
STREET TYPE WIDTH IN FEET
County Collector 80
City Collector 80
Local Commercial! 60
Industrial Street
Local Residential Street
. Without Curb and Gutter 60
. With Curb and Gutter 50
(4) Reduction in Width: A reduction in the required right-of-way width established in
Subsection (0)(2), above, may be granted by the body having the approval authority of the
associated development application in developments in which new streets are created. For
existing streets, reductions in right-of-way width may be granted by the City Engineer upon a
favorable recommendation from the Development Management Services Group (DSMG).
Reductions in the required right-of-way width may be granted pursuant to the following: [Amd.
Ord. 29-98 8/18/98J
(a) The reduction is supported by the City Engineer. Nonsupport by the City Engineer may be
appealed to the City Commission. [Amd. Ord. 9-02 3/5/02J
5
Planning and Zoning Board Staff Report: Meeting 02/27/06
Maroone Ford Outdoor Vehicle Storage-Conditional Use
(b) That requiring full dedication would constitute a hardship in a particular instance and that
all required improvements will be provided in a manner which will not endanger public
safety and welfare
(c) That acceptable, alternative provisions are made to accommodate features which would
otherwise be accommodated within the right-of-way e.g. alternative drainage systems,
alternative pedestrian walkways, alternative on-street parking, et
The Development Services Management Group met on 2-16-06 and approved the right-of-way
reduction from 60 to 50 feet for Gwenzell Drive.
The development proposal is not located within a geographical area requiring review by. the
CRA (Community Redevelopment Agency) or the DDA (Downtown Development Authority).
Public Notice:
Formal public notice has been provided to property owners within a 500-foot radius of the
subject property. Letters of objection, if any, will be presented at the Planning and Zoning
Board meeting.
Courtesy Notice:
Courtesy notices have been provided to the following homeowner's associations, which have
requested notice of developments in their areas:
1. President's Council
2. Southridge HOA
3. Woods of Southridge HOA
4. Progressive Residents of Delray
5. Neighborhood Advisory Council
The proposal requests a Conditional Use approval for the parking and outdoor vehicle storage
of new and used vehicles at 1320 Wallace Drive for Maroone Ford. The 1.923 acre site is to be
used in conjunction with the Maroone Ford dealership to the south as a bullpen overflow parking
area. No building construction is proposed. Provided the conditions of approval are addressed,
the proposed use will be consistent with the policies of the Comprehensive Plan and Chapter 3
of the Land Development Regulations. Subject to meeting the required conditions of approval,
positive findings can also be made with respect to Section 2.4.5(E)(5) that it will not have a
significantly detrimental effect upon the stability of the neighborhood not will it hinder
development or redevelopment of nearby properties.
A. Continue with direction.
6
Planning and Zoning Board Staff Report: Meeting 02/27/06
Maroone Ford Outdoor Vehicle Storage-Conditional Use
B. Move a recommendation of approval of the request for the Conditional Uses to provide a
253 space parking lot for new and used vehicles for Maroone Ford., by adopting the
findings of fact and law contained in the staff report, and finding that the request and
approval thereof is consistent with the Comprehensive Plan and meets criteria set forth
in Sections 2.4.5(E) (5), and Chapter 3 of the Land Development Regulations, subject to
conditions.
C. Move a recommendation of denial of the request for the Conditional Uses to provide a
253 space parking lot for new and used vehicles for Maroone Ford., by adopting the
findings of fact and law contained in the staff report, and finding that the request and
approval thereof is inconsistent with the Comprehensive Plan and does not meet criteria
set forth in Sections 2.4.5(E) (5), and Chapter 3 of the Land Development Regulations
Move a recommendation of approval of the request for the Conditional Use to provide a 253
space parking lot for new and used vehicles for Maroone Ford., by adopting the findings of fact
and law contained in the staff report, and finding that the request and approval thereof is
consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E) (5),
and Chapter 3 of the Land Development Regulations, subject to the following conditions.
1. That a letter from the Palm Beach County Traffic Division stating that the proposal complies
with the Palm Beach County Traffic Performance Standards Ordinance must be provided
by the applicant.
2. Provide site lighting photometric plan in compliance with the 4.0 Foot-candles maximum
illumination level per LDR Section 4.6.8(c) and scaled detail showing compliance with
the maximum height requirement of 25 feet.
3. A perimeter landscape buffer or wall with a height equal to or exceeding the height of all
vehicles stored in the parking lot will be required for screening. Provide buffer or wall
details and statement of the specific height of the buffer or wall and the vehicles stored
in the parking lot.
4. Require one tree to be planted for every 25 feet to form a solid tree line along the perimeter
of the north property line per LDR Section 4.6.16(H)(3)(e)
5. Provide a minimum of 25% non-vehicular open space.
6. Materials and equipment stored outside must be screened from view from adjacent public
rights-of-way in a manner approved by the Site Plan Review and Appearance Board.
7. Sales and customer service will not be conducted in the vehicle parking lot.
8. Revise site plan for interior landscaping to be compliant with LDR Section 4.6.16(H)(3)(i)
& 0), requiring each row of parking spaces to be terminated by landscape islands.
Attachments:
. location Map
. Site Plan
Report Prepared By: James G. Cain, AICPSenior Planner
7
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IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
CONDITIONAL USE REQUEST FOR MAROONE FORD
ORDER OF THE CITY COMMISSION
OF THE CITY OF DElRA Y BEACH, FLORIDA
1. This conditional use request has come before the City Commission on
March 6, 2006.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the conditional use request for Maroone
Ford. All of the evidence is a part of the record in this case. Required findings are
made in accordance with Subsections I and II.
I. COMPREHENSIVE PLAN
a. Comprehensive Plan - Future land Use Element Obiective A-1/Future
land Use Map: Is the property developed/redeveloped so that the future use and
intensity is appropriate in terms of soil, topographic, and other applicable physical
considerations, is complementary to adjacent land uses, and fulfills remaining land use
needs and is consistent with the Land Use Map?
Yes No
b Concurrency: Objective B-2 of the Land Use Element of the
Comprehensive Plan requires that development not exceed the ability of the City to
fund and provide, or to require the provision of, needed capital improvements for the
following areas:
Are the concurrency requirements met as respect to water, sewer,
drainage, streets and traffic, parks, open space, solid waste and
schools?
Yes
No
@~\()'Q
A~d~,\~~\ ~~ 0/ ~~ 96
c. Consistency: Will the granting of the conditional use be consistent
with and further the goals and policies of the Comprehensive Plan?
Yes
No
II. lOR REQUIREMENTS:
a. lOR Section 2.4.5(E) ReQuired Findinas: (Conditional Use): Pursuant
to Section 2.4.5(E)(5), in addition to provisions of Chapter 3, the conditional use will not:
i. Have a significantly detrimental effect upon the stability of the
neighborhood within which it will be located;
ii. Nor that it will hinder development or redevelopment of nearby
properties.
Will Section 2.4.5(E)(5) be met?
Yes No
b. REQUIRED FINDINGS RELATING TO PARKING AND STORAGE OF
VEHICLES:
Pursuant to LDR Section 4.4.19(D)(2)(b), garages and lots for the parking and
storage of vehicles are allowed as conditional uses provided any outside storage
associated with such uses may not be located within one hundred and fifty feet (150') of
any property adjacent to an arterial roadway.
Does the Applicant meet the requirements set forth in Section
4.4.19(D)(2)(b) to allow parking and outside storage of vehicles?
Yes
No
3. The comments and notes set forth in the staff report are hereby
incorporated herein
4. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the development application request was
submitted and finds that its determinations as herein set forth are consistent with the
Comprehensive Plan.
2
5. 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.
6. Based on the entire record before it, the City Commission approves _
denies _ the conditional use request subject to the conditions stated in the staff
report and hereby adopts this Order this _ day of March, 2006, by a vote of
in favor and
opposed.
Jeff Perlman, Mayor
ATTEST:
Chevelle Nubin
City Clerk
3
City of Delray Beach
MEMO
TO: City Commission
From: City Manager ~(
Date: March 17,2006
Re: Valet Parking Queue Space Fees
In reviewing this agenda item it occurred to me that not all our valet queues operate on the
same schedule. All of the valet queues west of the Intracoastal Waterway operate from
5:00 PM until 2:00 AM. The queue on Atlantic at AlA, however, operates from 11:00
AM until 2:00 AM. Since they operate for 15 hours per day while the others operate for 9
hours per day, and they operate in an area where all on street spaces are metered, so we are
actually losing revenue, I recommend that they be charged a higher fee.
Based on lost meter revenue the appropriate fee would be $140 per month. Based on the
additional hours of operation the fee should be $125 per month (15 hours is 1 2/3 times 9
hours). If the Commission feels that an increase from $60 to $125 or $140 is too great an
increase all at once, then I would recommend a fee of $100 per month for these spaces.
<=te,
A
FROM:
SUBJECT:
ECTOR OF PLANNING & ZONING
TO:
THRU:
ARKING MANAGEMENT SPECIALIST
There are currently six (6) Valet Parking License Agreements containing a total of
24 valet queue parking spaces. In April, 2004, fees for the parking spaces for Valet
Parking queues were increased from $50.00 to $60.00 per space per month (prior to
that date the $50.00 fee had been in place since 1999).
In reviewing the appropriateness of a fee increase the monetary value for each
parking space was researched using revenue generated at the parking meters in
front of the Marriott Hotel, on Atlantic Avenue. Currently, these parking spaces
generate approximately $30.00 to $40.00 per week per space. Using an average of
$35.00, the resulting revenue generated per space is $140.00 per month. Although it
is anticipated that metered spaces west of the Intracoastal Waterway would
generate even higher revenue, based on greater turnover ratios, staff has not
increased total revenue projections.
The Valet Parking License Agreements are up for renewal and staff is
recommending a $15.00 increase per space, per month. This would increase the
fees from $60.00 to $75.00 per space, per month, resulting in an annual total
revenue increase from $17,280.00 to $21,600.00 equaling $4,320.00.
The Parking Management Advisory Board, at its meeting of February 28, 2006,
recommended no increase at this time and a reevaluation of the fees for the next
contract year (April 1 ,2007 through March 31,2008)
By motion, approve an increase in the monthly valet queue parking space fees from
$60.00 to $75.00 per space per month.
o~
...~1
[ITY DF DELRAY BEA[H
CITY ATTORNEY'S OFFICE
2()() I'\W 1st AVENUF' DELRAY BEACH. FLORIDA 33444
lTLEPHONE: 561/24j.7()<)()' FACSIMILE: 561/278-4755
DELRAY BEACH
f lOR I D A
tIr*.d
All-America City
, III J! DATE
1993
2001
TO:
FROM:
Writer's Direct Line: 561/243-7091
MEMORANDUM
March 17, 2006
City Commission
David Harde~, Ci~ Manager
}\-----
Brian Shutt, Assistant City Attorney
SUBJECT: AQreement with ImaQe Sports ManaQement. Inc.
The attached agreement is with Image Sports Management, Inc. (Image)
regarding the use of the City's tennis stadium and community center for
approximately 7 home games for the Palm Beach Phantoms of the National Indoor
Football League. The major points of the Agreement are as follows:
the term shall be for the 2006 NIFL season, which would result in 7 home
games ( starting April 8 and concluding on July 1) plus possible playoff
games (one of the dates has not been determined as of this time)
Image shall provide the players, all personnel needed for the games and
private security personnel as well as installing the material needed for the
playing surface
Image shall pay the City $15,000.00 rent per game, a facility fee depending
on ticket price and City's police and fire personnel cost
City shall provide parking, up to 800 spaces (in which the City would
receive any revenue), use of the tennis center and clubhouse and certain
Community Center rooms and box office on the day of the games
City shall be responsible for the clean up of the site, signage, dumpsters
and an electrician
alcohol will be allowed but must not be sold atter the 3rd quarter and no
glass bottles will be allowed on site
qD
Certain consents must also be obtained from other entities that the City has
existing contracts with regarding the use of the tennis stadium. If these consents
are not obtained prior to Image's proposed use of the tennis stadium then this
Agreement shall be null and void. We are in the process of obtaining the consent
of the other entities, however, at the time of this writing these consents had not
been obtained.
Changes might also be brought forward prior to Tuesday's Commission meeting
regarding this Agreement as the other party, while agreeing in principle, has not
had a chance to fully review this Agreement.
Our Office requests that this item be placed on the March 21, 2006 City
Commission agenda. Please call if you have any questions.
Attachment
cc: Chevelle Nubin, City Clerk
Robert Barcinski, Asst. City Manager
Doug Smith, Asst. City Manager
AGREEMENT
THIS AGREEMENT, made and entered into this _ day of ,200_
by and between the CITY OF DELRAY BEACH, FLORIDA, a municipal corporation
(hereinafter referred to as "CITY"), and IMAGE SPORTS MANAGEMENT, INC"
(hereinafter referred to as "IMAGE").
WIT N E SSE T H:
WHEREAS, the CITY owns and controls certain property upon which is located the
City of Delray Beach Municipal Tennis Center; and,
WHEREAS, IMAGE is the owner of a football team, Palm Beach Phantoms, which is
part of the National Indoor Football League (NIFL); and,
WHEREAS, IMAGE, is desirous of using a portion of the Municipal Tennis Center for
the purpose of holding its home football games ("Games") at the Tennis Center; and,
WHEREAS, the CITY believes that holding the Games at the Municipal Tennis Center
will grant the citizenry of Delray Beach many tangible and intangible benefits; and,
WHEREAS, IMAGE understands that Coca-Cola Enterprises, Inc. (Coca-Cola) has
exclusive pouring rights at the Tennis Center and IMAGE shall not enter into any agreements
that would be counter to Coca-Cola's pouring rights in the City unless otherwise agreed to by
CITY, Coca-Cola Enterprises, Inc. and IMAGE; and,
WHEREAS, IMAGE understands that the CITY has an exclusive contract with
America's City Entertainment, LLC regarding the hosting of sporting events and that consent
must be obtained from that entity prior to the CITY entering into this Agreement; and
WHEREAS, IMAGE understands that the CITY has an agreement with Match Point,
Inc. for the use of the box office and consent must be obtained from Match Point regarding the
use of the box office for ticket sales; and
WHEREAS, IMAGE also understands that the CITY has an exclusive agreement with
Ticketmaster of Florida for the sale of tickets for events.
NOW, THEREFORE, in consideration of the mutual premIses, covenants and
agreements contained herein, the parties hereby covenant and agree as follows:
1. LICENSE: TERM.
The CITY hereby grants to IMAGE the right and privilege to use the tennis stadium,
portions of the Community Center and necessary surrounding property (hereinafter referred to as
the "Site") for 7 home Games plus possible playoff games, as shown on Exhibit "A", for the
period oftime from the execution of this Agreement through the last home game and any playoff
games that comprise the 2006 NIFL season.
The term ofthis Agreement may be extended upon mutual consent of both parties.
2, LICENSE AGREEMENT ONLY.
This agreement between the CITY and IMAGE is a license agreement, not a lease or
purchase agreement, and should be construed by a court of competent jurisdiction to be a license
agreement only. Furthermore, this License Agreement does not grant nor is IMAGE receiving
hereunder any rights to any real property of the CITY nor any property interests except as set
forth in this agreement.
3. FACILITIES AND SERVICES PROVIDED BY CITY.
Unless otherwise herein specified, CITY shall be responsible for, or agrees to provide, at
no charge to IMAGE the following facilities and assistance in connection with the conduct of
and staging of the Games:
(a) use of the 8200 seat stadium in which set up shall be allowed 48 hours prior to
game time and the tear down (removal of all material placed on the Site) must be
completed within 48 hours of the conclusion of the game, unless otherwise agreed
to by the CITY;
(b) bathrooms, Mahogany room, gym (including floor cover), locker rooms, Banyan
room, Orchid room and Magnolia room in the Community Center from 12:00
noon of the day of each game until 12:00 midnight;
(c) ticket office starting at noon on the day of the game and concluding by midnight
(d) Tennis Center clubhouse from noon on the day of the game and concluding by
midnight and providing office space in the upstairs portion of the clubhouse from
9:00 a.m. on the Wednesday prior to the game and ending by 5:00 p.m. on the
Sunday after the Game;
(e) television tower and platform and all necessary electricity to provide power to the
tower and platform throughout the Games;
2
(f) parking for players, sponsors, ticketholders, press, staff, and volunteers (up to 800
parking spaces after 2:00 p.m. on the day of the game) (CITY to implement,
manage and staff parking, including reserved areas and is allowed to charge for
parking for ticket holders, excluding VIP's);
(g) all electrical power and one on-site electrician (all costs and expenses are CITY'S
responsibility) for the duration of the Games (hook-ups not included);
(h) adequate space, as determined by the CITY, for and operation of concessions,
retail booths, etc. (IMAGE shall place and operate the concessions and retain all
revenues from its concessions and retail booths, location and method of
installation shall be at CITY'S sole discretion);
(i) restroom facilities and supplies;
G) on and off-site directional signage;
(k) adequate police, fire support and traffic control (costs will be paid by IMAGE);
(1) access to utilities to include but not be limited to water/sewer, electric/lighting;
(m) use of existing dumpsters and arrange to have the dumpsters emptied at CITY'S
expense;
(n) clean-up of the Tennis Center area, Stadium, and Community Center area before,
during and upon conclusion of the game.
4, RESPONSIBILITIES OF IMAGE,
The organization, staging, and conduct of each Game will be the responsibility of
IMAGE, which responsibilities shall include the following:
(a) handling of ticket and box office sales for all Games;
(b) Obtaining a director for all football games and operations, all personnel required
for each Game, to include but not be limited to officials, chair personnel, team
staff and the Games participants;
(c) Administration for all Game operations;
(d) Set-up, and tear down for each Game on-site and handling all activities of the
Games;
(e) Provide private security as required by the Delray Beach Police Department for
the Games and provide a medical staff, which would include a doctor, to be the
first responders to any injuries sustained by the players;
3
(t) Handling promotions, advertising, sales, public relations, and program production
for each Game;
(g) IMAGE is responsible for covering courts as set forth in Paragraph 6;
(h) provide 20 (preferred seating) tickets to the CITY at no charge to the CITY;
(i) IMAGE shall pay for all expenses relating to phone usage by IMAGE, including,
but not limited to, hook-up, dial tone, usage charges and provide the phones
needed;
(j) IMAGE shall provide and install any and all material that is needed for the
playing field and concession stands.
(k) IMAGE shall not allow any glass bottles or containers on the Site;
(1) IMAGE shall not allow any alcohol to be served after the third quarter of the
Game;
(m) IMAGE must obtain all permits, approvals or licenses as required by the CITY
or any other governmental entity regarding its use of the Site;
(n) IMAGE shall not open the gate for spectators until 2:00 p.m. of the day of the
game and all games must start no later than approximately 7:00 p.m., except in
circumstances beyond the control of IMAGE,
5, RENT AND FACILITY FEES,
IMAGE shall pay to City for the rights and privileges granted herein Fifteen Thousand
Dollars ($15,000.00) plus state sales tax and any other taxes imposed against the CITY for the
use of the Tennis Center for each Game. Payment is due, 5 days prior to each Game, in the form
of a cashiers check. This fee is in addition to any other fees or reimbursements of whatever
nature required or provided under this Agreement. This fee paid to CITY shall be forfeited if the
Game is cancelled by IMAGE and such cancellation is not excused by any other portion of this
Agreement.
IMAGE shall pay to the CITY a facility fee as follows:
Tickets under $10.00 $.50 per ticket
Tickets between $10.00 and $19.99 $1.00 per ticket
Tickets between $20.00 and $34.99 $1.50 per ticket
Tickets $35.00 or above $3.00 per ticket
4
IMAGE shall pay all amounts due to the City for the facility fee within 72 hours upon the
conclusion of each Game. IMAGE shall provide evidence of accounting of tickets sold and the
pricing ofthe tickets.
Subject to Paragraph 43 hereof, IMAGE shall be responsible for collecting all revenues
generated by, and paying all expenses incurred for, the Games, except for those expenses
associated with CITY'S obligations set forth herein.
6. INST ALLA TION OF FLOORING,
The CITY shall provide, at IMAGE'S option, up to 8,500 square feet of temporary
flooring for the Games at a cost of $.50 per square foot.
7, FORCE MAJEURE,
If IMAGE or the CITY is prevented from or interfered with in any manner whatsoever in
fully performing its agreements (including its ability to conduct the Games(s)) hereunder, for any
reason beyond its reasonable control such as any law, regulation, act of God, earthquake, flood,
fire, accident, labor controversy, act or threat of terrorism or delay of a common carrier (the
foregoing all being examples of an "event of force majeure"), then IMAGE'S and the CITY'S
obligations hereunder will be suspended as often as any such event of force majeure occurs and
during such occurrences, IMAGE'S and CITY'S nonperformance will not be deemed a breach
of this Agreement
8. AUTHORIZED AGENT.
IMAGE hereby designates , as IMAGE's authorized agent for
all purposes hereunder. All notices or submissions to be made or delivered by CITY to IMAGE
pursuant to this Agreement shall be delivered to said address free of all charges, such as, for
example, shipping charges and customs charges.
9. TAXES.
5
IMAGE shall be liable for any and all taxes which are or may be imposed as a result of
this agreement. Taxes shall be paid to the appropriate authority and including, but not limited to,
sales and use tax.
10. PROOF OF INSURANCE.
IMAGE shall provide the CITY with proof of insurance being in force. The type and
quantity of insurance is more particularly set forth in Exhibit "B" to this agreement. Proof of
such insurance shall be due 1 0 days prior to the first day of the event. The insurance shall name
the CITY and its designee as additional insured.
11. FINANCIAL RESPONSIBILITY.
IMAGE agrees, subject to the provisions of this Agreement, to accept all financial
responsibilities for the Games including, but not limited to, all accounting and reporting as may
be required by law. IMAGE further agrees to accept sole responsibility for any financial
commitments or obligations it incurs as a result of the Games, and which are not provided for in
this Agreement.
12. OTHER SERVICES AND SUPPLIES.
IMAGE further agrees that all services and supplies not specifically identified herein
shall be provided by or through IMAGE.
13. CONCESSION RIGHTS OF IMAGE.
IMAGE may sell food, beverages, confections, refreshments and novelties or may,
subject to approval by CITY, contract with another to provide such service except that IMAGE
will not offer for sale items that are prohibited by the CITY'S agreement with Coca-Cola of
Florida, unless otherwise agreed to in writing by CITY, Coca-Cola Enterprises, Inc. and
IMAGE.
In providing the concession service, IMAGE or any person, firm, or corporation with
whom it contracts for such purpose (hereinafter referred to as "concessionaire") shall comply
with the following provisions provided, however, that IMAGE shall remain ultimately
responsible to CITY for all obligations required of the concessionaire:
6
a. Concessionaire shall, prior to commencing any activities, obtain any and
all permits, licenses and insurance that may be required in connection with the operation
of this concession.
b. All food, drinks, beverages, confections, refreshments, etc. sold or kept for
sale shall be first class and quality, in accordance with the Department of Health
requirements, shall conform to all federal, state, county, and municipal laws, ordinances
and regulations in all respects.
c. Concessionaire may have the option to sell alcoholic beverages at the
Tennis Center. Sale of alcoholic beverages must comply with all federal, state, county,
and municipal laws, ordinances and regulations and must be properly licensed by the
State of Florida.
d. Concessionaire may, at its expense, furnish additional equipment and
fixtures to be utilized in the concession. Concessionaire shall submit plans and speci-
fications concerning fixtures and equipment to CITY for approval prior to installation of
any items. For the purpose of this Agreement, "fixture" shall be defined as anything
annexed or affixed to a building or structure or which appears to be so affixed or
annexed, regardless of whether it is capable of being removed.
e. The Concessionaire shall provide all maintenance, repaIr and servIce
required on all equipment used on the concession.
f. Concessionaire shall keep all fixtures, equipment and personal property,
whether owned by Concessionaire or CITY, in a clean and sanitary condition and shall
cleanse, fumigate, disinfect and deodorize as required and whenever directed to do so by
CITY. All state health laws and state health department regulations must be strictly
complied with. All janitorial services necessary in concession area shall be provided by
Concessionaire at Concessionaire's expense.
g. Concessionaire agrees to dispose of all refuse and garbage, in compliance
with all applicable laws, ordinances and health codes, at Concessionaire's expense, and to
keep outside container areas cleaned at all times.
h. If the concession is operated by a person, firm or corporation other than
IMAGE, such person, firm, or corporation shall at all times maintain workers' compensa-
tion insurance coverage for all employees which it employs within the areas and facilities
covered by this Agreement, together with the policy or policies of public liability and
products liability insurance and provides limits of at least One Million ($1,000,000.00)
Dollars for combined single limit coverage; provide liquor liability insurance with limits
of at least One Million ($1,000,000.00) Dollars and provide fire legal liability in the
amount of Five Hundred Thousand ($500,000.00) Dollars. Such policies shall provide
that they will not be cancelled or amended without at least ten (10) days written notice to
7
the Risk Manager of CITY and shall name CITY, its officers, agents and employees as
additional insured.
14, TOURNAMENT SITE.
(a) IMAGE assumes full responsibility and liability for all damages, losses and
liability caused by conditions on the Site, which arise once it commences use and occupancy of
the Site, and which conditions are caused by or result from the actions of or failure to act by
IMAGE, its employees, agents or representatives, or by the actions of or failure to act by
exhibitors, independent contractors, workers or invitees of IMAGE while on the Site. IMAGE
indemnifies, defends and holds CITY, and its designee, harmless for any such claims unless such
damage, loss or liability was caused by conditions on the Site which are inherent in the structures
involved, or the direct result of CITY'S (including its employees and agents), negligence or
misconduct.
(b) CITY, and its designee, shall not be responsible for any damage or injury to, or
personal conduct, safety and welfare of IMAGE, its employees, agents or representatives, or
game participants, exhibitors, independent contractors, workers, and invitees while on the
premises and IMAGE expressly indemnifies, holds harmless and releases CITY from any and
all such claims, damages, losses or liability associated therewith, unless such claim, damage, or
liability is the result of CITY'S (including employees and agents) negligence or misconduct.
(c) CITY is not required to modify any portion of the Tennis Center or Community
Center for the Games.
15. REPAIR AND REPLACEMENT.
IMAGE shall pay all costs for repair and replacement and all damages of whatever origin
or nature, for which it is responsible, ordinary wear and use thereof only excepted, which may
occur during the term of this Agreement in order to restore the Site to a condition equal to the
condition at the time IMAGE occupies the Site.
16. TICKET SALES.
All tickets for admission shall contain language approved by IMAGE and CITY
establishing that the tickets create a revocable license. Prior to the sale of any admission ticket,
8
IMAGE shall provide City Manager or his designee with the established selling price of each
type and kind of ticket for his review and approval.
17, DEPOSIT.
IMAGE shall deposit with the CITY a security deposit in the amount of Ten Thousand
dollars ($10,000.00) in the form of a certified or cashier's check payable to CITY. The certified
or cashier's check shall be delivered to the CITY 5 days prior to the date of the first home game.
The security shall be conditioned upon the faithful performance by IMAGE of all of the terms of
this Agreement and may also be used to refund ticket sales for the event which did not occur, and
such portion as may be due shall be returned to IMAGE at the termination of this Agreement, so
long as IMAGE was not responsible for damages to the Tennis Center, normal wear and tear
excepted.
18, OTHER CONTRACTS.
IMAGE is aware of and acknowledges that the CITY has entered into agreements with
Ticketmaster-Florida, Inc., Match Point, Inc., America's City Entertainment, LLC, and Coca
Cola of Florida regarding the Tennis Center. IMAGE agrees that no provision ofthis Agreement
shall conflict with any provision of the agreements provided above and in the event that a
conflict arises or exists, IMAGE agrees to waive any provision of this Agreement so as to
resolve the conflict. IMAGE is also aware that certain waivers will be needed from Match
Point, Inc., America's City Entertainment, LLC, and Coca Cola of Florida regarding IMAGE'S
use of the Stadium. If the waivers that are needed, as determined by the CITY in its sole
discretion, are not obtained prior to IMAGE'S proposed use of the Site, then this Agreement
shall be null and void and IMAGE shall not be allowed to use the Site and any fees paid to the
CITY prior to the Agreement becoming null and void shall be refunded to IMAGE.
19. POLICE. PRIVATE SECURITY AND EMERGENCY PERSONNEL.
IMAGE agrees to make arrangements with the CITY designated representative to
provide for CITY police personnel and private security, which, the CITY determines, in its sole
discretion, is necessary for the Games. Also, IMAGE shall contact the CITY designated
representative to make arrangements for Fire Department Paramedics, if necessary, to be present
at the Games.
9
IMAGE shall pay to the CITY, 72 hours prior to each game, 100% of the estimated
charge of police and fire personnel working the Game. The private security personnel shall be
paid directly by IMAGE. If the estimated cost is less than or more than the actual cost, any
refund or extra payment shall be made within 5 days of the determination of the actual cost.
20, CITY'S RIGHT TO CONTROL PREMISES.
CITY at all times reserves the right to eject or cause to be ejected from the premises any
person or persons violating or to keep persons from violating any of the rules or regulations of
the Tennis Center or any city, county, state or federal laws, and neither CITY nor of any its
officers, agents or employees shall be liable in any manner to IMAGE or its officers, agents or
employees for any damages which may be sustained by IMAGE through the exercise of this
right by CITY.
21. ALCOHOLIC BEVERAGE LICENSE.
In the event an alcoholic beverage license is required, IMAGE or its agents shall apply
for and obtain a temporary alcoholic beverage license from the State of Florida Department of
Business Regulations, Division of Alcoholic Beverages and Tobacco for the sale of alcoholic
beverages at the Site for the Games. IMAGE, or its agents, shall display said license in a
conspicuous place at the Site of the sale and/or distribution of the alcoholic beverages. IMAGE
shall be solely responsible for timely reporting and remitting the appropriate retail surcharge on
the alcoholic beverages sold for consumption to the Division of Alcoholic Beverages and
Tobacco. IMAGE, or its agents, shall strictly comply with all rules and regulations established
by the Division of Alcoholic Beverages and Tobacco of the State of Florida and any other
applicable statutory and regulatory regulations.
All alcohol sales, and the providing of any alcohol will cease by the end of the third
quarter of each game. IMAGE must provide a copy of its license to sale alcohol products to the
CITY at least 5 days prior to the start of the first home game.
22, NON-DISCRIMINATION.
10
A. That IMAGE for itself, its personal representatives, successors in interest,
assigns, subcontractors, and sublicensees, as a part of the consideration hereof, does hereby
covenant and agree that:
1. No person on the ground of race, color, national origin, age, or sex shall be
excluded from participation in, denied the benefits of, or be otherwise
subjected to discrimination in the use of said facilities.
2. That in the construction of any improvements on, over, or under such land
and the furnishing of services thereon, no person on the ground of race,
color, national origin, age, or sex shall be excluded from participation in,
be denied the benefits of, or otherwise be subject to discrimination.
3. That IMAGE shall use the premises in compliance with all other
requirements imposed or pursuant to Title 45, Code of Federal
Regulations, Article 80, Non-discrimination under programs receiving
Federal Assistance through the Department of Health, Education and
Welfare - Effectuation of Title VI of the Civil Rights Act of 1964, and as
said Regulations may be amended.
B. That in the event of a proven breach of any of the above non-discrimination
covenants, the CITY shall have the right to terminate the license and to take possession of said
facilities and hold the same as if said license had never been made or issued. This provision shall
not be effective until the procedures of Title 45, Code of Federal Regulations, Part 80, are
followed and completed including exercise or expiration of appeal rights.
C. IMAGE shall not discriminate against any employee or applicant for employment
to be employed in the performance of the contract with respect to hiring, tenure, terms,
conditions or privileges of employment, or any matter directly or indirectly related to
employment because of age, sex, physical handicap (except where based on a bona fide
occupational qualification); or because of marital status, race, color, religion, national origin or
ancestry.
23, CHANGE IN LAW.
During the term, the CITY reserves the right to restate and/or renegotiate with IMAGE
such additions, deletions or changes to the license as may be necessitated by changes in county,
11
state or federal laws relating to the operation of the downtown site. In the event that the CITY
and IMAGE are unable to reach a mutual agreement on any such addition, deletion or change,
that portion of the contract concerning the services involved in the addition, deletion or change
shall be terminated or eliminated.
24. CANCELLATION BY CITY,
The occurrence of any of the following cause this Agreement to be automatically
terminated:
A. Institution of proceedings in voluntary bankruptcy by IMAGE.
B. Institution of proceedings in involuntary bankruptcy against IMAGE if such
proceedings lead to adjudication of bankruptcy and the IMAGE fails within ninety (90) days to
have such adjudication reversed.
The CITY shall have the right, after fourteen (14) calendar days written notice sent by
registered or certified mail to IMAGE specifying the amount of payment(s) in default, to
terminate this Agreement whenever the non-payment of any sum or sums due hereunder
continues for a period of ten (10) calendar days after the due date for such payments; provided,
however, that such termination shall not be effective if IMAGE makes the required payment(s)
during the fourteen (14) calendar day period following receipt of the written notice.
25. DEFAULT BY IMAGE,
The CITY may terminate this Agreement for cause upon IMAGE'S failure to perform
any of the terms and conditions of this Agreement and such failure in performance not remedied
by IMAGE within thirty (30) days after receiving notice in writing of such default or in cases
where remedial measures may take longer than thirty (30) days, satisfactory remedial action must
begin and be consistently undertaken within thirty (30) days after receiving notice in writing
stating the nature of the failure of performance and the CITY'S intention to terminate if not
corrected and which remedial measures must be completed within a reasonable time set forth in
the notice from the CITY.
26. DEFAULT BY CITY.
IMAGE may terminate this Agreement for cause upon CITY'S failure to perform any of
the terms and conditions of this Agreement if such failure in performance was not remedied by
12
CITY within thirty (30) days after receiving notice in writing of such default, or in cases where
remedial measures may take longer than thirty (30) days, satisfactory remedial action must begin
and be consistently undertaken within thirty (30) days after receiving notice in writing stating the
nature of the failure of performance and IMAGE'S intention to terminate if not corrected and
which remedial measures must be completed within a reasonable time set forth in the notice from
IMAGE.
27, NOTICES.
Any notices submitted or required by this Agreement shall be sent by registered or
certified mail and addressed to the parties as follows:
To the City:
David Harden, City Manager
City ofDelray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
To Image:
or to such other addresses as either party may designate in writing.
28, INTERPRETATION,
This Agreement constitutes the entire Agreement between the parties with respect to
subject matter hereof and supersedes all prior verbal or written agreements between the parties
with respect thereto. This Agreement may be amended only by written document, properly
authorized, executed and delivered by both parties hereto. This Agreement shall be interpreted as
a whole unit and section headings are for convenience only. All interpretations shall be governed
by laws of the State of Florida. Waiver of any breach shall not constitute waiver of any other
breach. Invalidation of any portion of this Agreement shall not automatically invalidate the
entire Agreement.
29. INDEMNIFICATION.
(a) To the fullest extent permitted by laws and regulations, IMAGE agrees to
indemnify, defend, save and hold CITY, its officers, agents, employees and assigns and Dubin &
13
Associates, Inc., harmless from any and all claims, damages, liabilities, losses, causes of action,
liens or judgments of any kind or nature whatsoever which may arise out of, in connection with,
or because of the use, maintenance, or operation of the licensed facilities, including but not
limited, to the exterior facilities and grounds, parking areas, pedestrian walkways, vehicular paths
and grassy areas, by IMAGE or its officers, agents, employees, or independent contractors, and
invitees including but not limited to those resulting from or arising out of (a) by any act done or
words spoken by IMAGE, its players, agents or employees; (b) any damage done to the premises
or any part thereof caused by the act or omission of either IMAGE or any player, agent or
employee of IMAGE: (c) the breach by IMAGE of any term of this Agreement; or (d) any
breach or alleged breach of any warranty or obligation undertaken by IMAGE in this Agreement.
IMAGE shall pay all claims, losses, liens, settlements or judgments of any nature whatsoever in
connection therewith, including but not limited to reasonable attorney's fees and costs to defend
all claims or suits, in the name of CITY when applicable.
(b) IMAGE agrees to defend all actions to which this Paragraph 29 applies, in the
name of CITY provided, however, that CITY reserves the right to select its own legal counsel to
conduct any defense in any such proceeding which selection shall be reasonable under the
circumstances. All costs and fees associated therewith shall be the responsibility of IMAGE
under this indemnification agreement.
(c) Nothing contained herein is intended nor shall be construed to waive CITY'S
rights and immunities under the common law or Section 768.28, Florida Statutes, as amended
from time to time. The provisions of this Paragraph 29 shall survive the execution, delivery and
performance of this Agreement.
30. PERSONAL PROPERTY.
CITY assumes no responsibility whatsoever for any property placed on the Site by
IMAGE, its agents, employees, representatives, independent contractors or invitees. CITY is
hereby expressly released and discharged from any and all liabilities for any loss, injury or
damage to such property that may be sustained by reason of the use and occupancy of the Site
under this Agreement. IMAGE shall defend any such action in the name of CITY provided,
however, that CITY reserves the right to select its own legal counsel to conduct any defense in
14
any such proceeding which selection shall be reasonable under the circumstances. All costs and
fees associated therewith shall be the responsibility oflMAGE under this agreement.
31. INDEPENDENT CONTRACTOR STATUS.
IMAGE and its employees, volunteers and agents shall be and remain independent
contractors and not agents or employees of CITY with respect to all of the acts and services
performed by and under the terms of this Agreement or for any other reason whatsoever. This
Agreement shall not in any way be construed to create a partnership, association or any other
kind of joint undertaking or venture between the parties hereto.
32, ASSIGNMENT.
This Agreement shall bind and inure to the benefit of IMAGE and the successors and
assigns of IMAGE. The rights granted IMAGE hereunder shall be exclusive to it and shall not,
without the prior written consent of CITY, be transferred or assigned to any other.
33. RESERVATION OF RIGHTS,
All rights not herein specifically granted to IMAGE with respect to the Games shall be
and remain the property of CITY.
34, ENTIRE AGREEMENT.
This Agreement constitutes the entire Agreement between CITY and IMAGE in respect
to the subject matter ofthis Agreement and supersedes all prior agreements.
35, EXECUTION AND DELIVERY REQUIRED,
This instrument shall not be considered to be an agreement or contract, nor shall it create
any obligation, whatsoever, on the part oflMAGE or CITY, or either of them, unless and until it
has been signed by representatives of IMAGE and CITY and delivery has been made of a fully-
signed originaL
36. THIRD PARTIES.
Nothing in this Agreement, whether express or implied, is intended to confer any rights or
remedies under or by reason of this Agreement upon any person other than the parties hereto and
their respective heirs, successors, legal representatives, and permitted assigns, nor is anything in
this Agreement intended to relieve or discharge the obligation or liability of any third persons to
15
any party to this Agreement, nor shall any provision thereof give any third person any right of
subrogation or action over or against any party to this Agreement.
37. VENUE.
Any action brought to enforce the provisions of this Agreement shall be brought in a
court of competent jurisdiction in Palm Beach County, Florida.
38. TICKETMASTER.
(a) CITY or its designee shall provide the servIces of a box office through
Ticketmaster only for those tickets elected by IMAGE to utilize such services in connection with
the Games. These services will be provided in a timely, professional and diligent manner and in
accordance with IMAGE reasonable ticket specifications. IMAGE agrees that it will provide
facility and box office services for those tickets for which IMAGE does not elect to utilize the
services through Ticketmaster. IMAGE agrees that all payments from Ticketmaster shall be
made solely to the CITY.
(b) In full payment for the ticket services, IMAGE agrees to CITY imposing a two
and one half percent (2.5%) charge against ticket proceeds where such proceeds are generated
through credit card sales and five cents ($.05) per ticket for ticket stock. CITY acknowledges
that no other amounts will be charged to IMAGE (other than payment of state sales tax) for
ticketing for the Games.
(c) CITY shall pay all amounts due to IMAGE within 5 days of the CITY receiving
the funds from Ticketmaster. If IMAGE fails to hold the event as scheduled, IMAGE shall be
responsible to Ticketmaster-Florida, Inc. for all refunds incurred as a result of the cancellation or
rescheduling, up to the face amount of the ticket price per ticket purchased and refunded plus any
additional credit card fees that may be imposed.
39. APPROVALS. All approvals to be given by a party under this Agreement shall not be
unreasonably withheld or delayed.
IN WITNESS WHEREOF, the parties have caused this agreement and one counterpart,
both of which shall constitute originals, to be executed by its proper officers hereto duly
authorized on the year and date first above written.
16
CITY OF DELRAY BEACH, FLORIDA
ATTEST:
By:
Jeff Perlman, Mayor
City Clerk
Approved as to Form:
City Attorney
WITNESSES:
IMAGE SPORTS MANAGEMENT, INC,
By:
Name Printed:
Title:
(print or type name)
STATE OF
COUNTY OF
instrument was acknowledged before me this _ day of
of IMAGE SPORTS
on behalf of the corporation.
(as identi-
The foregoing
, 200_ by
MANAGEMENT, INC., a corporation,
He/She is personally known to me/or has produced
fication).
Signature of Notary Public
17
Home Games
April 8, 2006
April 15, 2006
May 27, 2006
June 3, 2006
June 17,2006
July 1, 2006
Playoffs commence on July 8,2006
EXHIBIT" A"
18
EXHIBIT B
INSURANCE REQUIREMENTS OF THE CITY OF DELRAY BEACH
FOR
AGREEMENT WITH IMAGE SPORTS MANAGEMENT. INC.
Image shall not commence operations under the terms of this Agreement until certification or
proof of insurance, detailing terms and provisions of coverage, has been received and approved
by the City of Delray Beach Risk Manager. If you have any questions call (561) 243-7150.
The following coverage and/or provisions shall be required:
Commercial General Liability Insurance: Shall be written on the most current ISO Occurrence
Form, or equivalent, to cover legal liabilities arising from premises and operations, independent
Images, contractual (indemnification) agreement, products and completed operations, liquor
liability, personal injury and XCD exposures as required by the work to be performed under this
Contract, unless waived by the City. The combined bodily injury and property damage limit
shall not be less than $1,000,000 per occurrence with an annual aggregate of $2,000,000.
Automobile Liabilitv Insurance: Shall be maintained in accordance with the laws of the State of
Florida to cover the ownership, maintenance and/or use of all owned, non-owned, or hired
vehicles as required by the work to be performed under this Contract. The combined bodily
injury and property damage limit shall not be less than $500,000 per occurrence.
Workers' Compensation Insurance: Shall be provided and maintained in accordance with
Statutory Requirements of the State of Florida. Included shall be Employee's Liability Insurance
to protect against on-the-job injury or illness which may not fall within the provisions of the
Florida State's Workers' Compensation Law. The limits shall be no less than $500,000 each
accident, and an occupational disease limit of $500,000 per employee/$500,000 aggregate.
Additional Insured: The City of Delray Beach shall be included as an additional insured by way
of the most current ISO endorsement, or its equivalent, on the Image's liability insurance policies
required under this contract.
Legal Defense: The Image will provide to the City any legal defense, and will pay all related
expenses, as required by this Contract for legal actions, actual and alleged, brought against the
Image and/or the City for Image activities related to his Contract. This City will not be
prohibited from using its own independent legal counsel, independent of legal actions taken by
the Image, and will be entitled to all documents and information as developed by the Image, its
insurer(s) and their legal council(s). The City will not be obligated to pay any premium or
contribution for such services and/or claim settlements.
Claims-Made Policies: If any liability insurance is issued on a claims-made form, the Image
agrees to maintain uninterrupted coverage for a minimum of one (1) year following conclusion of
the Agreement either through the purchase of an extended reporting provision, or through the
19
purchase of successive renewals with a retroactive date not later than the beginning of
performance of work under the Contract.
Subcontractor Provision: The Image will assure that all subcontracted work essentially requires
the subcontractor(s) to adhere to the same insurance, safety and indemnity provision as in this
Contract, or otherwise the Image will assume the legal liabilities of such subcontractor(s) as
provided for elsewhere in this Contract.
Evidence of Insurance: Prior to the commencement of the use of its Tennis Center by Image or
subcontractor, the City must receive and approve Certificates of Insurance evidencing the
insurance coverages and requirements as required by this Contract. Certified copies of the
policies will be provided if requested by the City. Renewal Certificates shall be provided to the
City at least ten (10) days prior to the expiration of any policy.
Cancellation/ChangeslRenewal: At least thirty (30) days written notice must be given to the City
of any cancellation, intent to non-renew, or material reduction or change in insurance coverages.
Primary Policies: Image's insurance will be primary to the City' insurances or self-insurance
programs.
Waiver of Subrogation: Image and it's insurer(s) waives all rights of subrogation against the
City, its employees, officers, directors and agents for the recovery of damages to the extent such
damages are covered under any of the City's general liability, automobile liability, excess
liability or property insurance and self-insurance programs.
Insurance Ratings: All insurers of Image shall be authorized to do business in Florida, and shall
have an A.M. Best rating of A-NIl, or equivalent.
Deductibles and Self-Insured Retentions: Image is responsible for all deductibles and self-
insured retentions. In the event of loss which would have been covered but for the deductible or
self-insured retention, the City may withhold from payment to Image an amount equal to the
deductible or self-insured retention should the full loss recovery not be obtained under the
Images insurance as a result.
Fire Legal Liability Insurance: Shall be maintained by Image during its use of the Tennis Center
in an amount of at least $75,000 per occurrence.
Mail to: City of Delray Beach, Attn. Risk Manager, 100 N.W. 1st Avenue, Delray Beach, Florida
33444.
20
MEMORANDUM
TO:
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER M
AGENDA ITEM # q"E:. - REGULAR MEETING OF MARCH 21.2006
TREASURE COAST REGIONAL PLANNING COUNCIL/TOWN
PLANNING SERVICES
SUBJECT:
DATE:
MARCH 17, 2006
Consider a proposal from the Treasure Coast Regional Planning Council for Town Planning
Services associated with the Atlantic Plaza, Hotel Vista Del Mar, and South Swinton Avenue
Projects.
The Treasure Coast Regional Planning Council is proposing a three (3) day public planning process
to be scheduled within a 30-day time period. Additional information can be found in the attached
letter from Michael J. Busha.
Recommend approval of the proposal from the Treasure Coast Regional Planning Council for Town
Planning Services associated with the Atlantic Plaza, Hotel Vista Del Mar, and South Swinton
Avenue Projects.
S:\City Clerk\agenda memos\CM TCRPC Proposal 032106
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February 24, 2006
RECEIVED
Mr. Paul Dorling
Planning and Zoning Director
City of Delray Beach
100 N.W. First Avenue
Delray Beach, FL 33444
FEB28 _
PLANNING & ZONING
Subject: Town Planning Services
Dear Paul:
After giving more thought to the situation in Delray Beach, Council would like to suggest
an approach that would include a significant element of public involvement. It would
begin with a one-day town planning workshop open to the public. The first half of the
workshop would be for education of the citizens, covering the urban design and town
planning principles directly related to the three projects. The second half of the
workshop would be for a citizens' design session in an appropriate format where they
would apply the lessons learned in the morning to define design parameters for each of
the three projects.
Over the next two weeks that follow, Council would work with the City and landowners
to create plans for each of the three projects, incorporating the citizens' ideas. Council
would then come back to the City at a public workshop to present professionally rendered
drafts of each plan.
The purpose of the public workshop is to get feedback from the citizens on the work-in-
progress. From the. workshop, Council would consider any concerns raised by the
citizens and make any necessary modifications in finalizing the plans.
These final plans would be brought to the City Council for conceptual approval. Any
final site plan approvals would follow the City's normal processes.
"'Bringing Communities Together" · Est. 1976
1.1 East Ocean Boulevard - Suite 1.. - Stuart, Florida 14"4
Phone (772) 221-4'" - SC 2"-4'" - Fax (772) 221-4"7 - E-. ail - ad.intiltcrpc.orr'
Mr. Paul Dorling
February 24, 2006
Page Two
What this boils down to is a three day public planning process:
Day One: Education and Public Planning
Day Two: Public Workshop on the Work-in-Progress
Day Three: City Council Workshop on Final Draft Plans
These three days could be scheduled within a 30-day time period.
Please let me know what you think about moving forward in this fashion. Cost estimates
for performing the work under this approach are attached.
Sincerely,
Michael J. Busha, AICP
Executive Director
MJBIMC:lg
Attachment
ATTACHMENT A
De/iverables and payment Schedule
A. Deliverables: TCRPC shall provide the City of Delray Beach with the following
deliverables as final work products:
1. Conceptual master plan for each one of the three sites, rendered in color at an
appropriate scale. Perspective sketches or diagrams (as many as needed)
illustrating significant plan features or explaining design ideas consistent with
the respective plans. Each sketch or diagram will be rendered in color or black
and white, at an appropriate size. Project Report (booklet) containing the
above mentioned items, with descriptive text and a project summary. It will
also suggest conceptual design ideas consistent with the City's Downtown
Master Plan, traditional urban form, as well as all recommendations suggested
by our staff. The report shall be in color and suitable for publication and
reproduction.
B. Format of Deliverables: TCRPC shall provide the City of Delray Beach with
final work products in the following format:
1. TCRPC shall print written documents (1 copy only) on paper, as appropriate,
and shall also provide digital copy of such documents in an appropriate format
(pdt).
2. TCRPC shall provide graphic documents, including drawings, diagrams,
maps, perspective renderings, or other comparable materials (1 copy only) on
paper, as appropriate, and in a digital format suitable for reproduction.
3. TCRPC shall all PowerPoint presentations used for this project.
4. The client may request additional copies of deliverables upon payment to
TCRPC of the actual reproduction cost.
C. Fees and Reimbursable Expenses
Professional services described in this proposal will be performed for a fixed fee
in the amount of $ 42,500.00. This includes travel, out of pocket expenses
(printing and reproduction costs), mail, couriers, and other costs related to the
professional services we are providing, payable according to the following
schedule.
$ 21,250.00 Fifty percent (50%) of the professional fees one week prior to
commencement.
$ 21,250.00 Fifty percent (50%) of the professional fees upon completion of
Day 3 - Presentation to City Commission.
0;\
P1
MEMORANDUM
TO:
David T. Harden, City Manager
Douglas E. Smith, Assistant City Manag[J);)-
March 17, 2006
FROM:
DATE:
SUBJECT:
AGENDA ITEM CITY COMMISSION MEETING
March 21, 2006 Agreement -CGI Communications, Inc,
Additional Information
ACTION
The City Commission is requested to consider an agreement with CGI Communications Inc. to
provide an online community video program.
BACKGROUND
The Commission discussed an agreement with CGI for an online community video program at the
March 6, 2006 Commission meeting (copy of agenda backup attached).
Staff contacted the IT department at the League of Cities to discuss concerns regarding business
sponsorship. The League IT Director was not aware of problems such as only one bank being able
to advertise on the site while others were excluded. He also had not heard of concerns regarding
businesses or groups advertising on the site that, although not adult-oriented, may still be
concerning to the City, but he felt this is a legitimate concern. In addition, the League will no
longer be partnering/sponsoring vendors (including CGI) which, he indicated, was not a reflection
on CGI, but it was an organizational change that they wanted to make.
RECOMMENDATION
Staff recommends Commission consideration of the agreement with CGI Communications, Inc. to
provide an online community video program for the City.
~~
oA
0i<1
MEMORANDUM
TO: David T. Harden, City Manager
FROM: Douglas E. Smith, Assistant City Manag~
DATE: March 2, 2006
SUBJECT: AGENDA ITEM CITY COMMISSION MEETING
March 6, 2006 Agreement -CGI Communications, Inc.
ACTION
The City Commission is requested to consider an agreement with CGr Communications Inc. to
provide an online community video program for the City.
BACKGROUND
Under the attached agreement, CGr Communications (through their eLocalLink division) will
produce an online video program to be linked to the City's website that will highlight various
aspects of our community such as businesses, education, recreation and housing. The agreement
also allows the City to submit additional videos produced by the City which would be made
available on the web. CGr has partnered with the Florida League of Cities (see letter attached).
There is no cost to the City for the program. Under the agreement, eLocalLink is able to place
business sponsors on the video program page (which is not on the City web site, but is linked to it).
The program includes the ability to email video clips which can be used to send video information
about the City to prospective businesses and to residents. As part of the agreement, the City agrees
to provide an introduction letter to the program (draft attached). Other communities in Florida that
currently have this video program on their web sites include the City of Melbourne and the City of
Palm Coast.
Staffhas received proposals from three other companies for video programs.
· Scripted Irnprov Media, Inc. provided a proposal (copy attached) for producing and
streaming videos about the City. The production cost for their services is $34,000, and they
charge a $250 monthly fee.
· CoMatrix provided a video production proposal for $22,500 with an additional charge for
web streaming ($75/$125 quarterly).
· Dorsia provided a proposal for producing and distributing a seven (7) to ten (10) minute
video (verbally indicated that shorter segments could be created) at a cost of$14,900.
Both Scripted rmprov and CoMatrix provide very professional productions, but there is a substantial
cost~ The Dorsia website (TravelSushLcom) is still under development. CGI provides the ability tochost additional streaming video that we create without any additional cost while Scripted Improv
charges a fee to add additional videos.
~F
Concern has been raised about the business sponsorship aspect of the program. Following the
January 17 meeting, the City Attorney's Office prepared an agreement for review by CGI. The
agreement included the opportunity for the City to terminate the contract ''with or without cause",
cor did not accept this provision due to commitments that they will need to make to their business
sponsors. CGr provided letters explaining their position and their advertising policy (attached).
The agreement before Commission includes a provision for termination "for cause" (rather than
''with or without cause").
RECOMMENDATION
Staff recommends Commission consideration of the agreement with CGr Communications, Inc. to
provide an online community video program for the City.
c: Bob Barcinski
Ivan Ladizinsky
rr-... /"
FLORIDA LEAGUE OF CITIES, INC.
301 South Bronough Street. Suite 300 . P.O. Box 1757 . Tallahassee, FL 32302-1757
(850) 222-9684 . Suncom 278-5331 . Fax (850) 222-3806 . Web site: www.flcities.com
November 24, 2004
Dear Key Officials:
We are pleased to announce our exclusive partnership with .e-LocalLink and CGI
Communications. Ine on "Streaming Video Application!" and ~Decorati"e Banner Programs. n
The FLC has negotiated a superb program for aU Florida cities.
Our partnership with e-LocaJLink and CGI Communications will provide your city with both
Streaming Video Applications ancVor Decorative Banners, which will identify and promote
your web site address. {
Streaming Video wiU add impact to your web site as few other presentations can! Through our
agreement, e-LocalLink and COI Communications will provide you with a Streaming sruleo
program at no cost to your city. This multimedia application will showcase and educate your
online audience about your city. Want "to see an example? Go to this web site:
http://WWW.2fCeI1Wic.hct.organdclick on "see movies about our town".
e.LocalLinklCGI has allocated resources: for establishing pilot programs to build and unveil
prototypes for their national market. Through our 'partnership with them. resources have 'been
allocated to assist Florida municipalities. By enhancing municipal web sites with their
superJative Streaming Yldeo technology. e.LocaJLink wm assist Florida cities while establishing
a portfolio faT their national market. They use these city sites to demonstrate the value of such
technology for sales to the business sector. This is a win/win situation for Florida municipalities,
your local businesseS, the FLC. and c-LocalLinklCGI. This does not require the city to promote
CGI or its services.
This is a great opportunity to market your municipality in this highly technological era. This is
an opportunity for every municipality in our slate to demonstrate their assets and attributcs in a
way like never before. Want to leam more about this opportunity. Contact Frank Hagy. CIO for
the League at 800445-6248 Ext. 137 or email himat.fha~(iiUlcities.com.
. chaol Sittig 9t/;;-
Executive Directo~ J
. .
Attachment
President Clay Ford, Mayor Pro Tern, Gulf Breeze
FIrst VIce President Julio RobaIna, Council President, Hialeah. Second VICe President Rene FIo\vers, CouncDwoman. St. Petersburg
ExecutWeDirector Michaef Sittig. Genera/Counsel Harry Morrison. Jr.
DATE
Dear Dekay Beach Area Business Owner:
The City of Delray Beach, FL was recently introduced to a new internet project. When
completed, this project will provide Delray Beach area businesses with another way to
communicate with potential customers.
The City of Delray Beach has accepted the services of Rochester, New York-based CGr
Communications, Inc. (www.cgicommunications.com).eLocalLink.adivision of CGr
Communications will produce an online video program that will highlight topics such as
the Delray Beach area's business/industry, education, health care, recreation, and housing
assets and attributes.
It will now be possible for a limited number of Delray Beach businesses to share their
story with visitors to the Delray Beach web site by using video streaming. When the
project is completed, Delray Beach's website (www.mydelraybeach.com) will serve as
the entrance for Delray Beach's story on eLocalLink.
The City of Delray Beach certainly wishes eLocalLink, a division of CGr
Communications, Inc., well in this endeavor and looks forward to the final product.
Sincerely,
David T. Harden
City Manager
AGREEMENT
THIS AGREEMENT is made and entered into this _ day of , 2006, by
and between the CITY OF DELRAY BEACH, a Florida municipal corporation (City), and
CGI COMMUNICATIONS, INC, (CGI).
WIT N E SSE T H:
WHEREAS, CGI desires to produce an online video program to be linked to the City's
website that will highlight various aspects of the City.
NOW THEREFORE, this Agreement is made and accepted upon the following terms,
covenants and conditions:
1. Recitals. The recitals set forth above are incorporated as if fully set forth herein.
2. Term. The term shall commence upon the date provided above and shall extend
for a 3 year period.
3. Services provided bv CGI-CGI will:
Provide a Web site Welcome video from your Mayor or other civic leader (approx. 1 minute).
Provide a Community Video that will highlight any aspect of the City on the Community Movie
(up to 10 chapter heading videos with a combined minimum length of 15 minutes).
Consult with City to write scripts for the City.
Come to the city to film videos about the City.
Provide professional voice-overs, script writing and background music. Provide video editing
consisting of all aspects of post-production from raw footage to final video. Provide a final draft
of all content of the Community Movie for City's approval.
Encode final video into multiple streaming digital formats to play on various computer systems,
browsers and internet connection speeds, including both Windows Media™ and QuickTime™.
Include patent pending One-Click™ technology.
Provide marketing, production, printing, and distribution as the sole responsibility of CGI.
Store and stream all videos on CGI's dedicated video server.
Provide HTML source code for graphic link to be prominently displayed on City's website
homepage.
1
Provide a graphic link for the City website designed to coordinate with existing website color
theme.
Provide encoding, hosting, and streaming of additional 5 minutes of finished video per month for
finished videos provided by the City.
Provide Vmail and Desktop Video Communication (DVC) System to include
camera/microphone and software.
Provide a DVC System that will encode the City's videos into multiple streaming digital formats
to play on various computer systems, browsers, and connection speeds, including both Windows
Media™ and QuicktimeTM with our patent-pending One-Click Technology.
Provide a DVC library with capacity for 20 minutes of video and allowance for unlimited Vmail
sends per month.
4. Services Drovided bv Citv. The City shall:
Provide a letter of introduction for the program on the City's letterhead.
Assist with the content and script for the Community Movie.
Agree to give COI the right to use city's name in connection with the preparation and production
of the program set forth herein only upon approval from the city for each such use, provided that
the city may revoke this approval at any time without prior notice.
Agree to put a graphic link on the City's web site homepage to CGI's video server.
5. BusineSs SDonsors. Business sponsors shall only be allowed on the perimeter of
video panels.
6. Maintenance of Equioment and/or Software. COI shall be responsible for the
cost and maintenance of all equipment or software used to execute the terms of this Agreement.
The City shall not be responsible for any other cost or expense regarding this Agreement.
7. Interference. In the event the City determines, in its sole discretion, that the
link or any interface action taken in reference to this Agreement interferes with or creates a
problem with the City's website, CGI must take immediate action to cease such interference. In
the event such interference does not immediately cease. the City may take whatever action is
necessary to stop such interference.
2
8. Annroval bv City. The City shall have the final authority over what is
displayed, broadcast or produced in reference to any video, movie, material or data that is
produced for the City as it pertains to the City or any businesses.
9. CGI Rie:hts. CGr shall have the exclusive streaming video rights during the
term of this Agreement for videos created. by CGI.
10. Insurance. CGr shall carry and pay for all insurance including, but not limited.
to, liability regarding the terms of this Agreement and shall name the City as an additional
insured.. The insurance shall be in such an amount and form acceptable to the City.
11. Indemnification. CGr shall indemnify, hold harmless and defend the City, its
officers, agents and employees from and against all loss, liability or expense that may be
incurred. as a result of this Agreement, including, but not limited to, attorney's fees and costs at
trial and appellate levels.
12. Taxes. CGr shall pay all taxes and assessments, if any, of whatsoever kind
imposed on either party as a result of this Agreement.
13. Termination. Either party may terminate this Agreement, for cause, upon 30
days written notice to the other party. Upon termination by either party, CGI shall remove all of
its equipment, software and any reference to the City's web site or City from City property within
30 days of the notice of termination. If CGr fails to remove its equipment, software and any
references to the City, the City may remove it and CGr shall be responsible for all costs incurred.
by the City.
14. Assi2Dment. This Agreement may not be assigned by CGr, unless first obtaining
the written consent of the City.
15. Adherence to Laws. The parties to this Agreement shall adhere to all laws,
ordinances, rules and regulations applicable to this Agreement.
16. Venue. In the event of any claim or dispute arising from this Agreement, the
dispute shall be resolved in a court of competent jurisdiction with venue in Palm Beach County,
Florida.
17. Waiver. Failure to enforce any provision, condition, or term of this Agreement
shall not be deemed a waiver of any provision, condition or term of this lease.
3
18. Entire A2I'eement. This Agreement supersedes any previous agreement and
amendments, and is substituted therefore in its entirety. No other promisees) condition(s) or
term(s) not set forth in this Agreement are binding on either party.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be
executed by their proper officials on the day and year first above written.
ATTEST:
CITY OF DELRAY BEACH, FLORIDA
By:
By:
City Clerk
Jeff Perlman, Mayor
Approved as to Form:
By:
City Attorney
WITNESSES:
CGI COMMUNICATIONS, INC.
By:
Print Name:
Title:
Print Name:
Print Name:
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of ,
200_, by , as (name of officer or agent,
title of officer or agent), of (name of corporation
acknowledging), a (state or place of incorporation) corporation, on behalf
of the corporation. He/She is personally known to me or has produced
(type of identification) as identification.
Notary Public - State of Florida
4
February 13, 2006
City of Delray Beach
100 N.W. 1st Ave.
Delray Beach, FL 33444
To all parties concerned:
After reviewing the revised agreement submitted to CGI Communications, we have one
issue with the proposal. In section 13 (Termination), it states, "Either party may
terminate this Agreement, with or without cause, upon 10 days written notice to
other party, While both CGI and the city agree on the section of termination with
cause. CGI defmes cause as failure of either party to perform any of the provisions of
this Agreement or failure to make sufficient progress so as to endanger the performance
of this Agreement. In order for CGI to agree completely with section 13, the term
without cause must be removed.
In section 5 (Business Sponsors), it states, "Business sponsors shall only be allowed on
the perimeter of video panels". Now, CGI is not only partnering with the city, we are
also working with your local businesses to provide them a new avenue to market and
promote themselves. If either party had the right to terminate the agreement without
cause, this would be detrimental for the businesses and the services that we are providing
to them.
CGI is aware of the cities concern about who is able to participate with the sponsorship
program. CGI understands that the city has an image to up hold and CGI does not want
to tarnish that in any way. Being a private sector company, CGI has the right to approve
or disapprove any potential sponsors. It is the policy of CGI not to solicit or otherwise
provide sponsorship opportunities to any business or organization that may be perceived
as "offensive". These types of establishments include, but are not limited to adult
bookstores/entertainment, pawnshops, and tattoo/piercing parlors.
Additionally, the participating community may advise CGI of specific businesses to be
disallowed as sponsors. The participating community must advise CGI of this
information in writing PRIOR to the begirming of the sponsorship solicitation campaign.
Now, ifthe community agrees to make the removal of the term "without cause, CGI will
sign off on your revised proposal and begin our partnership program. If you have any
questions, please, contact me anytime.
Thank you,
Michael McDonald
Marketing Executive
e.LocalLink
e.LocaILink
Granite Bldg, 8th Floor
130 E, Main St
Rochester, NY 14604
800-398-3029
585-292-0602 fax
It is the policy of e-LocalLink/CGI Communications not to solicit or othelWise provide sponsorship
opportunities to any business or organization that may be perceived as "offensive". These types of
establishments include, but are not limited to adult bookstores/entertainment, pawnshops, and
tattoo/piercing parlors.
Addi tionally, the participating community may advise e- LocalLink/CGI of specific businesses to be
disallowed as sponsors. The participating community must advise e-LocalLink/CGI of this information in
writing PRIOR to the beginning ofthe sponsorship solicitation campaign.
Thank you,
~/~A-
Prank Buono
Executive Vice President
"Hastings On De/ray Beach"
A Video Media Solution Proposed by Scripted Improv Media Inc.
For the City of Delray Beach
January 10,2006
MISSION: Produce and distribute online videos that present Delray Beach in an entertaining way that
compels website viewers to make the trip, plan more activities, stay longer, and spend more money.
Content emphasizes destination attributes that make Dekay Beach an appealing place to live, work and
visit.
PREMISE: Search engines are the most popular way to search for travel information among affluent
consumers in the US. More than three-fourths of consumers with annual incomes of $100,000 or greater
use Internet search engines in the process of gathering travel information, a significantly higher
percentage than travel magazines, referrals from other people, travel agents and e-mail newsletters. This
is in line with the standard shift among most consumers who have gone online - the Internet has
become the default place to go for information gathering.
High-speed Internet connections are expected to reach 60 million U.S. Households - or 50% of total U.S,
Households - by 2007. And research shows online consumers prefer to view, rather than read text, to get
desired information.
SOLUTION: Hastings eVideos capitalize on this shift in media consumption and satisfy consumer hunger
for visual content. The videos are viral because they are fun to watch, and spread to other online
audiences from word-of-mouth promotion. A "Send to Friend" button in the viewer window makes it easy
for viewers to tell friends and family about the destination, compounding the impact of the videos.
Because they are visual, the videos cross language barriers, appealing to international travelers.
Translation is currently available for Spanish, French, German, Japanese, and Arabic languages.
RESULTS: Travelers who view a travel-related video are 70% more likely to visit the destination. Studies
show that websites that incorporate video into their overall experience attract 29% more visitors than non-
video websites and have a 26% greater likelihood of generating a transaction (Arbitron/North Star New
Media).
HASTINGS FORMULA FOR SUCCESS:
. Make it Entertainina
Video host Erik Hastings is knowledgeable, trustworthy, likeable, and funny. Erik thrives on unscripted
interaction with destination visitors and residents, the real stars of Hastings videos.
. Make it Real
Scripted Improv has perfected the run & gun filming style. This style helps establish realistic expectations
of the destination. Hastings eVideos convey the real thing.
. Keeo it Brief
Videos are brief- 1 to 4 minutes- in order to hold the attention of online consumers who are
characteristically impatient.
. Make it Relevant
Video titles are determined by consumer interest categories and destination branding objectives. This
makes it easy for online consumers to view topics of unique interest to them. Examples of topics are
cultural attractions, sports, and entertainment.
. Make it Funnv
People say interesting things (this is code for funny) when they are relaxed and sincere. Scripted Improv
capitalizes on this rich talent base found in every destination. Make people laugh, and they'll tell their
friends about it!
Viral Video Project:
While the City of Delray Beach will specify video titles, locations, and content scripting objectives,
Scripted lmprov recommends the following subjects/topics for consideration:
. Overview (interview with Mayor Jeff Perlman)
. Getting Around (air and ground transportationllogistic orientation)
. History and Culture (Morikami Museum and Japanese Gardens, American Orchid Society
International Headquarters, Old School Square Cultural Arts Center, the Comell Museum)
. Downtown (dining, shopping, entertainment)
. Parks and Recreation (golf, tennis, parks, beach)
Each video to be one (1) to four (4) minutes in duration based upon the attention span of consumers
using the Internet to research and plan trips. Additional content may be added to the viewer window as
additional videos are produced, whether by SIM or other production sources, provided they meet the
format and resolution quality standards.
Technology:
The videos are played in a viewer window that launches with one click of the mouse and plays high
quality, wide-screen, high-resolution streaming videos using the latest Flash technology platform. The
viewer window also allows the consumer to click-through to text links providing measurable call to action
results. Flash Player, installed on 98% of desktop PCs globally, allows you to reach the widest possible
audience.
Can to Action:
In addition to the -Send to Friend- button, the viewer window has positions for three (3) text links that may
be used to invite the viewer (in a non-intrusive way) to click through to a designated landing page. Text
links may be changed every quarter, to facilitate seasonal promotions or emphasize new attractions,
events, or other destination attributes.
Ownership and Licensing Rights: The City of Delray Beach will own rights to promote video viewing on
its website, www.mydelravbeach.com. other designated websites of organizations with a vested interest
in Delray Beach tourism economic development, and email campaigns of those organizations. The City of
Oelray Beach will also have unlimited non-broadcast rights to promote viewing at trade shows and kiosks.
Expanded Distribution: Scripted Improv Media Inc. co-owns the content and retains unlimited rights for
purposes of reaching other online audiences on websites that meet the company's quality and distribution
standards. An example of a website meeting SIM's criteria is www.video.aooale.com. These types of
websites provide access to literally millions of website visitors who go online for travel information.
Project Timing: Tentatively scheduled for Spring 2006, The City of Delray Beach and Scripted Improv
Media will jointly determine shooting dates. Finished video content will be done within 30 days of the last
day of shooting. Videos go online within 30 days of delivery of the finished video content.
Delray Beach Responsibilities:
1. Provide content recommendations for Scripted Improv Media (SIM) scriptwriting
2. Review and comment on scripts
3. Assist with contacts and on-location logistics for film crew
4. Invite local media to on-location film sites
5. Review and comment on videos
6. Provide three (3) call-ta-action prompts/text links for video viewer window (optional)
7. Integrate -Hastings on Delray Beach" icon and text links throughout website(s)
8. Distribute pre-launch and post-launch press releases
9. Plan and implement video launch event (mayor, tourism leaders, media)
10. Provide website viewing statistics to SIM
For additional Information:
Contact Gary Hendrickson, VP, Tourism Economic Development, at 248-538-7810,
Or email gary@scriptedimprov.com
Production
Widescreen, High Resolution Display Utilizing Flash Technology
Up to 12 minutes finished video content
Each Video 1 to 4 Minutes in Duration
Scriptwriting, Talent, Producer, Director, Camera, Sound, Editing, Post-audio
Sweetening, Music license, & Production Insurance
Airfare, Ground Trans ortation, Lod in ,& Meals 3 to 4 da
Custom Viewer Window
Includes "Send to Friend" button
Includes Three (3) Text Links For Measurable Call to Action
Links ma be chan ed once r uarter
Streaming Video and Content Management Fee - up to 1,000 views/month
Incremental, exceed in 1,000 video views er month
Est. Price
HastingsTU On Delray Beach Videos
Produced by Scripted Improv Media Inc.
Price Estimate Dated January 10, 2006
City of Delray Beach, FL
Valid for contracting until January 30, 2006
$24,000
$8,500
$1.500
$250/month
$.06/view
Additional Content:
Additional videos may be added to the Delray Beach viewer window for a one-time setup fee of $500.
Terms:
50% of Production Costs Due Upon Contract Acceptance; Balance Due Upon Delivery
Streaming Video and Content Management Fee due at the first of each month
Ownership and Licensing Rights:
The City of Delray Beach owns the rights to use the videos on its website and email campaigns, and for
unlimited non-broadcast purposes such as trade shows and kiosk displays. Scripted Improv Media Inc. co-
owns the content and retains unlimited rights for purposes of distribution to other travel-related websites
and search engines, such as www.video.Qooole.com. that meet quality and distribution standards.
Translation - Dubbing - Foreign Language Production
This optional service for foreign language voice-overs and translation costs $21,360 based on four (4)
videos @ 4 minutes each, produced in five (5) foreign languages of Spanish, German, French, Italian, and
Japanese. ($18,510 for translation and voice-over and $2,850 for post audio sweetening.)
HastlnasTU On Oelrav Beach Advantaaes:
Viral Performance: Entertaining content compels viewers to tell friends and family, producing significant
viral activity, reaching new audiences and compounding the City's return on investment.
Consistent Quality: Scripted Improv Media produces the highest quality visual content in the industry.
Tight quality control of production and flash technology is key to protecting and building Delray Beach's
brand equity.
High Value: Scripted Improv's production experience and economies of scale translate to the highest
possible quality of visual content at the lowest possible cost.
Longevity: Script writing and visual content is based on a three-year life for each video.
Publicity: Hastings™ destination eVideos are a fresh and innovative approach to promoting tourism. On-
location filming provokes media attention resulting in free publicity for the City of Delray Beach
Measurable Results: Scripted Improv Media will track and report results of video viewing behavior, click-
throughs to text links, and Send to Friend viral activity. Measurable results guide decision-making regarding
development of future videos, such as different seasons or topics.
NMI RubIn
2A The Detroit News Sunday, August 28, 2005
Flip tour guide knows how to sell Detroit
YEOnl1netourgWde!sin the
Rivera Courtyard at the DlA,
holding a eonveraat:lon with
one of the ma,jattcaDy stoic factol)'
handl from Diqo Rivera~ famous
mural.
Erik Haatings,smart aleck for
hlre, llleaniDg apinlt thewall with
his Irma folded &Ct'O$8 his pea green
&Dlf shirt ''So,'' he sa,ys, "working
bud, or lwd1y WorldDg?"
Same I'JIlrnpaigJ'\, di1ferent video.
Nowhe's at Ford Field, and the cam.
e.ra tluhes on afootbaJl helmet with
the logo of SUper Bowl XL. "Detroit
also happens to be the proud host of
Super Bowl Extra La.rge,M Hutinp
says. "What? Forty? Why don't they
just "'rite tbat?-
This II not )'Our fat:her's trav.
elogue, assuming of llOurse that
yow-father had a tI'aV8Iogue. This Is
fut and tlip, a sales pitcl:l for a new
era. By early September, three sepa-
rate me11qe8 will be screening at
vlaitdetzolt.com, the Web lite otthe
DetroJ.t Metro Coovent1on ~ VIs--
!toll Bureau.
lbroUlh the latest flash tecbDol-
DIY, IS barDesIed by a ma.rketlDg
guy from PanniDgton HiJ].s aDd hie
balf-brother-the-actor, Detroit will
take a fresh and innovative ap-
proacll to delivering an age-old
11leS8I&e to pot:enttal tourists:
Come lee us.
BrlQgmoney.
Gluy Hendrickaon, the market-
Jq ~ wu transferred here from
Iowa ~ years ago by IlD incentive
eom~ ODe of those outftts tbal
BZ'I'aDlPlI rewuds for employees. He
eouldhave cone to Chica&o instead,
but he chose Detroit, on the theory
that people who lived here would
need btger carrots.
Evmtuall)' he drifted into the
tourIam bu1Deu, on the database
end at tbiDp. and then into free.
IalIce ~, on the acram-
bUq-and-perpetuaUy-iD8ecure end
of thiIlp. 'l\vo years 1180, he asked
his vezy fImny IibI1ni to see If he
could tb1nk of any audio punch
lfne$ tor a tourism Web site in Ft01'-
"I was completely and
pleasantly surprised. I was
laughing in my office. I
didn't know (the videos)
would be that good."
Renee Monforton,
Communications Director,
Detroit Metro Convention
& Visitors Bureau
Scrlpf.s Jrr.-.....
Erik HutInp of ScrIpted Improv Media delvers his Metro Detroit travel Spots In a fUp, funny styfe. On a
cempalln about next year'. Super Bowl XL. he says, "What? Forty? Why don't they just WI118 that?"
Ida.
"You don't need audioCUpl.. saki
HlLItiDgs, wbo D'l<lIt1y makes a liv-
ing seI1iDgcomedyroutiDeSto radio
stations. "You need to 1bt it so when
someone clicks on a picture of a
family on a beach, it comes to life."
Tbal was the eureka! moment
for"Hastlnp on LocatI.on," the trav-
el video branch of the company he
calls Scripted Improv Media. Hen-
drickson, 46, quickly started pitch-
ing the concept to his many con-
tacta at civic tourism boards. most
of whom responded with bridled
enthusiasm.
"They kept saying. 'Sounds
great. Can )'OushoW me one?''' he
says. So the weekend Wore tbeAll-
Star game, he, Hastinp and the
smallest possible crew hit p~ as
htlh u the top of the RenCen, u
highbrow u the DIA and u hfIb-
powered u the car collection atTbe
Henry Ford.
The conveoUon bureau provid-
ed the basic 8Uldects - DowntowD,
Sports &: Enterta.inmeDt and Cul.
ture - along with some tal1dng
points and some help gettin&'
through various doors. It did not
provide money. wbkh Is why"execu-
t1veproducer Heodrickson was&ble
to get by with $15.000 ona.job"bud-
getedfor'S7,OOO. "
Eventually, be Iafa. wium Hasti-
ngs becomes the Martha Stewart of
1'wmy, interactive travel spots,
they'll charge tor their service and
then 11'lllkI: more money from links
on the Web sites. For what it's worth
at this point, their only customer ls
weIl-satlsfted.
From aStart:lng pointof"healthy
skepticism," says convention bu-
reau communications director
Renee Nonforton, "I was com-
pletely and pleasantly surprlsed.
I was laughinc in my office. I
didn't know they would be that
good."
The best pan about them is
that they don't try to make De-
troit look like Disneyland. Hasti-
ngs bounces ad lib! off a rapper
on the step5 of St. Andrews HaJJ
and a man on a motoI'C)'tle on
Monroe Street who cans himself
the mayorofGreekt:own.
"I'm Erik Hasting&," he says at
one point, "and haDgIng out in D.
troit ls wa,y more fun than 1Vbat
you're doing rlgbt now."
He's working bald, but it looks
like he's having a great:tlme - right
.here, in thehomeofSuperBowllz-
tra. Large.
Neal Rubin appearlSlmdDtl em
Page 2A. and 1lusdav, W<<lnadcq,
andPridayon the COfJt/f' qfF<<z.
tures. You can rtczch him tzl(318)
222.1874, nnlbin.~or
615 w: La,faytJtte, Detroit. J4l
48226.
..~~-~-
CO!':l~~~~X
Ph: (S61) 496-3004 Fax: (S61) 4964767
VIDEO PRODUCTION QUOTE
'1.19/06
Project: Up to 10 (1- 2 min) videos highlighting different features ofDelray
Description: Video features will include Mayor Perlman greeting, business, culture,
education, social and others. B-roll, voice-over, music and logos will make up the
content of each video to be streamed on the mydelraybeach.com website.
PRODUCTION SERVICES
o Scripting for up to I 0 short videos
o Shoot Coordination
o (5) 8-10 hour day shoots to capture all b-roll/interviews/greeting, etc...
o Lighting and Audio
o Logging F ootagelPreparation for Edit
o Talent Voice-Over Secured
o Estimated 7 Days Editing
o DVD Review copies
o Beta or DV Master created with all videos
o Streaming Clips Created - Windows Media Format
PRODUCTION FIELD CREW
An estimated 5 days will be needed to capture all the footage for up to 10
videos at an average of2 videos per day. Weather permitting.
Crew will consist of:
ProducerlDirector
Camera
Audio TecblGrip
Production Coordinatorl Asst.
Review & Support: City of Delray Beach will approve all scripts, voice-over talent
and completed videos. They will provide any literature/support material for scripting
and city logos for editing. A representative for the city will also be present during all
shooting.
(cont'd)
2
PRODUCTION COSTS... ... ... ... ... ... ... ... ... ... ... $22,500
Includes all the services noted above.
Payment Terms: 1/3 deposit up front, 1/3 upon shoot completion, 1/3 on delivery of videos
WEB STREAMING COSTS
OptioD 1
CoMatrix Media encodes all videos in Windows Media, sets up server account,
uploads all compressed videos, maintains account monthly.
100 MB disk space......... ......$125 quarterly.
OptiOD 2
CoMatrix Media supplies encoded videos on disk and provides contact info for
streaming company. City of Del ray responsible for setting up account, uploading files
and maintaining.
100 MB disk space............ ...$75 quarterly.
.Costs based on a 4 GB file transfer limit. This equates to about 790 times each
videocan be viewed every month. If you feel each video might be viewed more than
800 times each month, then a bigger streaming plan would need to chosen.
City of Del ray Beach responsible for web programming/embedding links
CoMatrix Media Partners
(561) 496-3004
www.comatrixmedia.com
82/12/2886 19:58
5616553288
WTLN
PAGE 82
dorsia'
PARTICIPATION AGREEMENT
This agreement is entered on Tuesday, February 21, 2006 by and between Dorsia
Corporation (Dorsia), 224 Datura Street Suite #815, West Palm Beach, FL 33401 and
City of Delray Beach.
I. DorsiaITravelSushi.com to provide:
1. Production of video segment(s) totaling 7-10 minutes for the TravelSushLcom site.
2. International internet distribution through TravelSushl.com and our video distribution
partners.
3. Inclusion in co-op advertising, press releases, articles and otl1er material including
TravelSushLcom's "Latest updated destinations" area.
4. Broadcast quality master of feature with non-exclusive dIstribution and reproduction
rights.
5. Technical specifications form outlining direct linking to video from your site, downloading
and other information for utilizing the video for other distribution outlets,
II. City of Delray Beach to provide:
1. $14,900 due In the following increments, $9,500 due upon receipt of invoice, $5,400 due
upon completion of principle photography in order to start post-production.
2. Literature and information for our scripting, layout and pre-production use including
artwork (I,e. logos) requested to be Included in the segment.
3. Completed saipting and pre-production questionnaire.
III. General:
1. The approval rights of the clent not withstandIng, n 18 expressly agreed and understOOd that DorsI. and
TravelSushl.com maintain final edltorlaJ oontraland that the leg m.nt ia :subject to the standards and
practices of the network(s) whloh may eause or require variation from the final script. tarent, and/or ffNlI
edited version as $ubmitted by Oorsla.
2, In the event of default in payment pursuant to the terms hereof, City of Oefrl.Y Beach hereby agrees to pay
Darsla any and all expenses of eolleclion, includIng but not limiwd to court ClOst and attorney fees. and any
oth.,- CO$t and/or fees r.lative to an appeal or other appellate proceedings. This agrlement shall be
governed by the laws of the State 01 Florida. Any litIgation concerning this agreement shall be brought in
Palm Beach County, Florld.l.
3. ThIs egrt.ment contalrno the enUre understanding between the partie..
City of Delray Beach
By:
Titl e:
Date:
Dorsia Corporation
By:
TItle:
Date:
224 Oatura Street. Suite 81S I West Palm Beach, Florida 33401
(561) 838.5"07 Ph. , (561) 838.5409 Fx. lover@dorsia.com
[IT' DF DELIA' BEA[H
~
cm AnORNEY'S OFFICE
~ POLICE lEGAL ADVISOR
, III I!
_)00 xx'. ATLANTIC A VENUE. DELRA Y BEACH, FLORIDA 33444
TELEPHONE '56U2c!:\-7H2) . FACSI1\I1LE '561/243-7H15
1993
POLICE LEGAL ADVISOR
MEMORANDUM
From:
The City Commission
Mr. David Harden, City Manager
Catherine M. Kozol, IlL-
Police Legal Advisor "
To:
Date:
March 6, 2006
Re:
Peters v. City of Delray Beach
This case arises out of an incident which occurred on August 29, 1999 at
the Blue Anchor Pub in Delray Beach. The Delray Beach Police Department
officers responded to a fight in progress call at the scene and made contact with
the plaintiffs Jesse and John Peters who were already located outside of the bar.
Noticing Jesse Peters was injured, Lt. Goss called for paramedics. Upon arrival of
the paramedics, John Peters would not "stand clear" which led to his arrest. Upon
seeing his father arrested, Jesse Peters approached the officers. Lt. Goss told
Jesse Peters to step back; Jesse Peters did not move back. Jesse Peters was
then sprayed with pepper spray to achieve compliance and arrested.
The plaintiffs have agreed to settle this case for the sum of $7,500.00 each.
The City Attorney's Office, Gene Montfort of Gallagher Bassett and the Police
Department recommends settling this case for the total sum of $15,000.00.
Our office requests that this item be placed on the March 21, 2006 City
Commission agenda. Please call if you have any questions.
cc: Chevelle Nubin, City Clerk
Susan Ruby, City Attorney
Chief L. Schroeder
qG
[ITY
f
ELRRY
CITY ATTORNEY'S OFFICE
200 NW I st AVENUE. DELRAY BEACH, FLORIDA 33444
TELEPHONE: 561/243-7090' FACSIMILE: 561/278-4755
DELRAY BEACH
~
A11.America City
Writer's Direct Line: 561/243-7091
" III! DATE:
MEMORANDUM
March 15, 2006
1993
2001
TO:
FROM:
City Commission
David Harden, City Manager
D--;- ~
Brian Shutt, Assistant City Attorney
SUBJECT: Settlement Offer in Daphne Lu Claim
This claim arose from an auto accident that occurred on April 19, 2004 at the
intersection of US 1 and N.E. 1st Street. A City police officer driving a police car
struck Ms. Lu's car. Ms. Lu's car was totaled as a result of this accident. Ms. Lu
suffered cervical injuries and was taken by ambulance from the scene. Ms. Lu has
continued to have neck pain since the accident.
Ms. Lu has incurred medical expenses and lost wages in the amount of $8889.00.
The Plaintiffs attorney, on behalf of his client, has offered to settle this case for
$20,000.00, inclusive of attorney's fees and costs. The City adjuster and the City
Attorney's Office recommends acceptance of this offer subject to receipt of
appropriate releases.
Our office requests that this item be placed on the April 4, 2006 City Commission
agenda. If you should have any questions, do not hesitate to call.
cc: Chevelle Nubin, City Clerk
Doug Smith, Assistant City Manager
i;:-:
11-..
!"1AR 1 5 2~05
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MEMORANDUM
TO:
MAYOR AND CITY COMMISSIONERS
FROM:
CITY MANAGER
AGENDA ITEM # cp: - REGULAR MEETING OF MARCH 21, 2006
APPOINTMENTS TO THE NEIGHBORHOOD ADVISORY COUNCIL
SUBJECT:
DATE:
MARCH 20, 2006
Attached please find a revised Exhibit "A" for Agenda Item 9.1, Appointments to the Neighborhood
Advisory Council, which includes an additional applicant for Zone 6. The revised Zone 6 applicants
are as follows:
Zone 6
Applicant
Subdivision
John Eaton Jr.
Gerald Franciosa
Linda Prior
John Spaulding, II
Barr Terrace
Tropic Isle
Lavers
Tropic Isle
S:\City Clerk\agenda mernos\CM Neighborhood Advisory Board 032106
MEMORANDUM
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER M
AGENDA ITEM # ~ - REGULAR MEETING OF MARCH 21. 2006
APPOINTMENTS TO THE NEIGHBORHOOD ADVISORY COUNCIL
TO:
FROM:
DATE:
MARCH 17, 2006
Regular member Mr. Fred Fetzer submitted his resignation from the Neighborhood Advisory
Council effective March 1, 2006, due to his running for City Commission. His resignation letter is
attached for your review. This creates a vacancy for a regular member from Zone 6 to serve an
unexpired term ending October 31, 2008.
Additionally, Ms. Marilyn Kennedy has verbally resigned from the Neighborhood Advisory Council.
This creates a vacancy for an At Large Representative to serve an unexpired term ending October
31,2007.
On September 9, 2003, Ordinance No. 27-03 was passed and adopted establishing the
Neighborhood Advisory Council for the purpose of maintaining broad-based community
involvement with the residents, creating neighborhood outreach initiatives, enhancing
communication, improving the aesthetics of the neighborhoods and identifying any potential threats
to the stability of the neighborhoods.
The Neighborhood Advisory Council consists of fifteen (15) members and two (2) student
members. Twelve (12) members are residents with two (2) residents selected from each of the six
neighborhood zones, and three (3) at large representatives, who may be selected from a community
civic organization or business owner located within a neighborhood zone interested in the
enhancement of its surrounding neighborhoods.
The following individuals have submitted applications and would like to be considered for
appointment: (Applicants are listed by zones; however, the applications are in alphabetical order.)
(See Exhibit "A" attached)
A check for code violations and/or municipal liens was conducted. None were found. Voter
registration verification was done and all are registered.
Based on the rotation system, the appointments will be made by Commissioner Archer (Seat #2) for
a regular member from Zone 6 to serve an unexpired term ending October 31, 2008 and
Commissioner Levinson (Seat #3) for an At Large Representative to serve an unexpired term ending
October 31, 2007.
Recommend appointment of one (1) regular member from Zone 6 to serve an unexpired term
ending October 31, 2008, and one (1) At Large Representative to serve an unexpired term ending
October 31, 2007.
Neighborhood Advisory Council
Page 2
Applicant
John Eaton Jr.
Gerald Franciosa
Linda Prior
John Spaulding, II
Mark Behar
Hansford Higginbotham
Francis Chassen
Shirl Fields
Alice Finst
Matthew Hartley
Lynn Klein
Linda Laurence Leib
Bryce Newell
Mel Pollack
Samuel Resnick
Pamela Williams
NEIGHBORHOOD ADVISORY COUNCIL
"REVISED" EXHIBIT "A"
Zone 6
Citizen at Large
Subdivision
Barr Terrace
Tropic Isle
Lavers
Tropic Isle
Lees Crossing
Lake Forest South
Highpoint
Andover
Chatalaine
Southridge
Lees Crossing
Del-Air Golf Club
N/A
N/A
N/A
N/A
MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER tJt.f\
AGENDA ITEM # ~ I - REGULAR MEETING OF MARCH 21. 2006
APPOINTMENTS TO THE NEIGHBORHOOD ADVISORY COUNCIL
TO:
SUBJECT:
DATE:
MARCH 17, 2006
Regular member Mr. Fred Fetzer submitted his resignation from the Neighborhood Advisory
Council effective March 1, 2006, due to his running for City Commission. His resignation letter is
attached for your review. This creates a vacancy for a regular member from Zone 6 to serve an
unexpired term ending October 31, 2008.
Additionally, Ms. Marilyn Kennedy has verbally resigned from the Neighborhood Advisory Council.
This creates a vacancy for an At Large Representative to serve an unexpired term ending October
31,2007.
On September 9, 2003, Ordinance No. 27-03 was passed and adopted establishing the
Neighborhood Advisory Council for the purpose of maintaining broad-based community
involvement with the residents, creating neighborhood outreach initiatives, enhancing
communication, improving the aesthetics of the neighborhoods and identifying any potential threats
to the stability of the neighborhoods.
The Neighborhood Advisory Council consists of fifteen (15) members and two (2) student
members. Twelve (12) members are residents with two (2) residents selected from each of the six
neighborhood zones, and three (3) at large representatives, who may be selected from a community
civic organization or business owner located within a neighborhood zone interested in the
enhancement of its surrounding neighborhoods.
The following individuals have submitted applications and would like to be considered for
appointment: (Applicants are listed by zones; however, the applications are in alphabetical order.)
(See Exhibit "A" attached)
A check for code violations and/or municipal liens was conducted. None were found. Voter
registration verification was done and all are registered.
Based on the rotation system, the appointments will be made by Commissioner Archer (Seat #2) for
a regular member from Zone 6 to serve an unexpired term ending October 31, 2008 and
Commissioner Levinson (Seat #3) for an At Large Representative to serve an unexpired term ending
October 31, 2007.
Recommend appointment of one (1) regular member from Zone 6 to serve an unexpired term
ending October 31, 2008, and one (1) At Large Representative to serve an unexpired term ending
October 31, 2007.
Neighborhood Advisory Council
Page 2
Applicant
John Eaton Jr.
Gerald Franciosa
Linda Prior
Mark Behar
Hansford Higginbotham
Francis Chassen
Shirl Fields
Alice Finst
Matthew Hartley
Lynn Klein
Linda Laurence Leib
Bryce Newell
Mel Pollack
Samuel Resnick
Pamela Williams
NEIGHBORHOOD ADVISORY COUNCIL
EXHIBIT "A"
Zone 6
Subdivision
Barr Terrace
Tropic Isle
Lavers
Citizen at Large
Lees Crossing
Lake Forest South
Highpoint
Andover
Chatalaine
Southridge
Lees Crossing
Del-Air Golf Club
N/A
N/A
N/A
N/A
.
CITY OF DELRAY BEACH, FLORIDA
Neighborhood Advisory Council
- Appointment Zones -
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ONE MIlE
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CITY OF DaRAYBEACH. R.
I'tANNING & ZONING DEPNlTIIENT
JUt. Y 2003
DRI<FJED BY, S.It ZUBEJ\; ASS.I'LWNER
..DlGlTAL._ _SmEll..
_ilEF.IIMAIS
Fred B. Fetzer
932 Evergreen Drive
Delray Beach, FL 33483-4803
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January 4, 2006
Honorable Mayor Jeff Perlman
Delray Beach City Commissioners
100N.W.1 Avenue
Delray Beach, FL 33444
Re: Resignation from City Boards (as required by F.S. 99.012)
Honorable Mayor and Commissioners:
Due to my candidacy for Seat #2 on the Delray Beach City Commission in
the March 14, 2006 election, I am resigning my seats on the City of Del ray
Beach Neighborhood Advisory Council (NAC) and the Board of
Construction Appeals effective March 1, 2006.
I sincerely appreciate the opportunity to serve on these City Boards and I
look forward to serving the City of De/ray Beach in the future.
Yours truly,
cJ~ /3.d~
Fred B. Fetzer
cc: Mr. David Harden, Delray Beach City Manager
Ms. Susan A. Ruby, De/ray Beach City Attorney
Ms. Chevelle Nubin, Delray Beach City Clerk
Governor-State of Florida
Florida Department of State
11/05
NEIGHBORHOOD ADVISORY COUNCIL
TERM EXPIRES DISTRICt NAME & ADDRESS TELEPHONE
10/31/07 Zone 1 Bernard Federgreen Home: 561-265-3339
Appt 12/14/04 1260 NW 24th Avenue Work:
Delray Beach, FL 33445 Fax:
10/31/07 Zone 2 Stephen Lampe! Home: 276-9292
Unexpired Appt 06/21/05 2745 N. Clearbrook Circle Work: 832-4271
Delray Beach, FL 33445 Fax: 832-3555
10/31/07 Zone 3 Karen Lustgarten Home: 266-9084
Appt 11/04/03 1850 Homewood Blvd #408 Work: 202277-2522
Reappt 12/04/04 Delray Beach, FL 33445 Fax:
10/31/07 Zone 4 Cory (Caroline) Cassidy Home: 278-0150
Appt 11/04/03 424 Palm Trail Work: 266-6760
Reappt 12/14/04 Delray Beach, FL 33483 Fax: 265-0616
10/31/08 Zone 5 L'Tanya Allen Home: 699-1957
Appt 10/25/05 1014 Mango Drive Work: 688-4394
Delray Beach, FL 33444 Fax: 688-3559
10/31/08 Zone 6 Fred Fetzer Home: 276-6712
Appt 11/04/03 932 Evergreen Drive Work: 715-9030
Reappt 10/25/05 Delray Beach, FL 33483 Fax:
10/31/08 Zone 1 Arthur Brown Home: 496-0264
Appt Unexp 01/13/04 4255 Northwest 10th Street Work: 862-2361
Reapptll/15/05 Delray Beach, FL 33445 Fax:
10/31/08 Zone 2 Bonnie Raycroft Home: 499-6798
Appt 11/15/05 213 Sherwood Forest Drive Cell: 445-6793
Delray Beach, FL 33445 Fax: 499-6798
10/31/06 Zone 3 Susan Kay Home: 495-7848
Appt 11/04/03 2571 Hampton Circle North Work:
Delray Beach, FL 33445 Fax:
10/31/06 Zone 4 Mike Cruz Home: 274-4856
Appt 11/04/03 1510 North Swinton Avenue Work: 954 427-0404 X230
Delray Beach, FL 33444 Cell: 350-7360
10/31/06 Zone 5 Gail Lee McDermott Home: 279-2551
Appt 11/04/03 721 Southeast 3rd Avenue Work: 276-8763
Delray Beach, FL 33483 Fax: 279-4331
10/31/06 Zone 6 Jeremy Office Home: 330-2713
Unexp Appt 10/05/04 2837 Cormorant Road Work: 276-1641
Delray Beach, FL 33444 Fax: 330-2317
Cell: 670-7130
10/31/07 At Large Marilyn Kennedy Home: 278-3096
Unexp Appt 03/08/05 Representative 31 NW 14th Avenue Fax: 265-3295
Delray Beach, FL 33444
10/31/08 At Large Patricia Westall Home: 243-7959
Unexp Appt 04/19/05 Representative 1102 Seaspray Avenue Work: 274-3215
Reappt 10/25/05 Delray Beach, FL 33483 Fax: 274-3201
10/31/06 At Large Charles Stravino Home: 495-5375
Appt 11/04/03 Representative 3631 Lowson Boulevard Work: 243-7412
Delray Beach, FL 33445 Fax: 243-7461
10/31/08 Home:
Vacant Work:
Student Cell:
10/31/08 Vacant Home:
Student Work:
Fax:
S/City Clerk/Board O4/Neighborhood Advisory Council
03/31/05 TBU 10:28 FAX 561 243 3774
DB.RAY IfActi
.~
1993
2001
jolJU ;:ropc,4'/jO/-lj'-lf.
CITY OF DELRAY BEACH;pe*:~te05,~/&
BOARD MEMBER APPLICATION . E...
CITY CLERK
APR 0 1 2005
CIT\{
lC;::1K
~iL....:,;; i. '~
. information:
, 1.
2. HQfJ1e Address#-/ J/q --"w, U6 /lJ>,.
3. Legal ResidenCe:
4.
8.
9.
l t. ~ your presen~ or most te<<nt eoiplo~ and position:
- -
e $tA.temd1ts ate tme. and I t.gtee lUld undc:t:Stmd that an miss
. 0lU . On my put of any appointnu:UtI y r. e.
Note: This application will t:em:dn on file in the City Oedc's Office fot a period of 2 yeats from the date it was
submitted. It will be the applicant's responsibility to ensuie th.t a cuuent application is OD file.
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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
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 Washington,
and is expected to receive a special thank you picture of the President.
####
10
PAID FOR BY THE NATtONAL REPUBLICAN CONGRESSIONAL COMMITTEE NOT PRUIITED AT GOVERNMENT EXPENSE
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"t their renl this Il'lonlh and neX1 monltl he wlIl give each at hill wnanta $SO In cash. , '" " ' , .
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MAl't~il " " "'" -AlWIUc Avea4le.... <<fveR' 001- ~ In DelrllY 8eacll. "It
T ,~onIs Uft DeYer bad tbe;1day turkeyalo ,dIt'~ " ,t'lotBes In Randy,"
::.Lft))UUltlon .}ur',':J.lelnc \lie ':dl!68 tamlltea daafltre IB hts1le1tar aaldtbatdolng SOI1'
. ,,'~ or __ ~ or people. ,,~J ap&rUltelllol - ~,ta,,', *0& Ute tills. especially wi
- ~l'Dlnc IOIIle Ute dubious .:betray ~ and &yntoo, ,",,:Ule "'rmolllll the world 1.00
Utle of IlIlRDloi'l1.~~1or ~ " Beach. TIlls ~.~, lie'>:. hRportaol for a oouple of
'Beach te&ldeftt.'Mark .Bebar.,'W8nted to do ~" ',.,.. 1'e88ODS.
..mllUaCsuch .rd_ace lsllOt 'Vr1tb tile poor eclOOdIt Jeav- :' , ,"'''I lite 111)' &eBaa&8 and I
'. desire or 4ria. Ju8leadbel8<< IDaII)' abort 011 CMb. 'ftspect them: 8ebar
prders to be the 1&dIord tbatlilcl-dtac Illmselr. lIIe :W-yea~ 'explatned. "Basically wIdIOI
CIWl8 alldpmablnut. "' """c:'~ bualoeaeman deddedfo ",' ,.*~.IIIaYe DO IIwJl
hUIIe 1l88L RMsraI ~,~~ .l1AUeeonJ ate)'ear. " ~~. Md wfUl ew:ryt.blng t
,)eMr. ~,~~r8ead1,<~ot::.r~~~+~hM'aIIeone Uuvup 81
and IIeXt IIlOIItb be MU 8ive condnue to go tbl'Ollch tn &t
each of bl8 IeBanI8 $50 In , 'MlrId. we aU need to come
" " ',' ,j.'jeasb.~ &he n~ ' t.ecetber and do our own sp
may not eeem etaggertng _ a CUll part to relieve eome of
I.ot8I of 52.100 OOmJOI from 1Itre88 aad pain tbat many 0
8ehar's pocket - for 8renda 08 are going thl'OU8h this h<
~ea.a tenant 0( 8ebar's for ,lIay season,
Ukee'J18ars. &be IMJdIUoftal -. bope and cbalIenge otl:u
'.onty 11M al~ her to rental property owners and
.pend a tluJe extra on her ~o oUter busfne88 owners In g<
"dlifdi'eft'll~~llnC8'~.1riI totoUowfDf lead-lJydo
'als )UI'. . . illtctr pm for ~.. lie
,',::tIeJa'\laCJ~.':Mad .~. .
"~ Lport R.MlI Why ~'o..'t Make',
La- ~~CHES Go Aw.yI .
.' ~ ~ IilIIaay Dn& Ce..,.ma Dea't
, . ^ " W...t mu To lC..,,! 'J .', " "';; ;.'
Boca Raton - ^ -lJ reIcuc.l frtt report -'s what 1eading1lldoil ~has 'prvwn llIt.be die most
i/frctiw ttcatrIleBt or hcalachcs...EVERJ To ~ the trum .boutwbat rcaIIy aIUCS most headat:hC5
Aftd'.,. aspirin aad othet ~ Ca4t hdp ,DcL CAlI...... l:aa.u2-I115.iiac1listeD' ~ dlit 24, .
~ ~to.oft6u)'UUT CIIJ2r of~is .--"'.....;..! Rae &qlOrt. . " ~ .
Boynton Beach
City Commission
Project Updates
Below are notes from the Aug. 20
meeting of the Boynton Beach City
Commission:
· Bethesda Memorial Hospital's Physician
Pari<ing Lot: Following a lengthy discussion
between parties. a land use amendment
and two requests for rezoning land parcels
were approved by the Commission;
· Demolition of the Mangrove Pari< High
School Building was discussed and it was
decided to ask the CRA to solve the
dilemma. This item will appear on the CRA
meeting agenda in the near future;
. Phase II of the downtown Marina Village
Project including Rezoning and site plan
approval was passed by the Commission:
. Issue of lJW8rding the bid for intracoastal
pari< Improvements was tabled;
· City Commission &ranted economic
incentives to Bob KlItz for two projects:
Shl~k Restaurant - $30,344.72 and
Booker 1's Restaurant - $8.669.75:
. Awarded a $48,000 engineering contract
to Hazen & Sawyer to study the
opportunities for obtaining grant funding for
expansion of the wastewater re-use
system;
· Authorized purchase of seven parcels of
land for the Northeast 7th to 10th
stormwater improvement project:
. Approved the spending of $1.512.50 in
City funds in support of the Sister Cities
International program;
· Adopted on second reading the
modification to the water rates to
encourage conservation,
Stonnw.t8r Improvements Ptofec;t
Upd.te:
. Costa Bella stormwater - complete
($344,595);
. Industrial Avenue/Lake Boynton Estates
stormwater - under construction
($3,OOB.390);
. Sand Castle water improvements _
Construction begins Sept. 3;
. Seacrest Estates water and stormwater
improvements - construction is 85
percent complete:
. Northeast 12th Avenue stormwater
drainage and seawall- complete:
. Northeast 7th to 10th storm water
improvements - drawings 90 percent
complete; attempting to obtain remaining
eight parcels,
8 AOYERllSlNG SUPPlfMENT TO THE PAlM 8EACH POST THURSDAY. SEPlIM8ER 12. 2002
Boynton Beach Businessma~
Starts Mentoring Program
Behar Beach Properties & Investments owner
Mark Behar, enjoys being a mentor to people in the
community who seek to get into the investment and
rental properties field, and learn to manage daily duties
of running their own business as a smaD.business
owner.
On their own time and at their own expense they
follow their mentor 011 a daily basis until his day is
finished five to seven days a week. They do aD the
computer work, phone calls, faxing, banking,
bookkeeping, accounts receivable and payable, trips to
Home Depot, Office Depot, the post office, etc., as well
as aD legal aspects, including filing all necessary
documents and papers for legal matters at the Pahn
Beach County Courthouses in Delray Beach and West
Palm Beach, and of course anything else that might
happen. arise. and/or breakdown throughout the day.
"It's the real world, reality, hands-on, one-on-one
basic training", said Behar.
Behar wants to teach the next generation of
entrepreneurs the "the school of hard knocks" wa:
starting and running their own business.
"Even if they don't want or like the Property G;
the skills and attitude that I can teach them regarc'
running a business can benefit them in most any
business they choose for themselves," he said. "It
the meat and potatoes of owning your own smaD
business, I want to teach and train individuals whc
have been told by others that they couldn't do
something and/or can't succeed. I tell them 'Hey.
prove them wrong.'"
Mark considers himself a self-made businessII'
who sincerely wants to help others succeed in the
estate investment business. For more infonnation.
Mark Behar at (561) 737-9605, or (561) 279-2335.
Lobby
VolunteeJ
Needed
The Greater Boyn'
Beach Chamber of
Commerce is recruitir
volunteers from the
community to assist ir
day-to-day operations.
the Chamber's Visitor
Infonnation Center.
The Visitor's
Infonnation Center is
open from 9 a.m. to 3 I
Monday through Frid;
and caters to visitors.
residents and busines'
loo.king for infonnatio'
the Boynton Beach
community and
surrounding area
attractions.
Volunteers have th
choice of working tim,
mornings. afternoons.
day or more. Primary
responsibilities are c1e
in nature with heavy
customer interaction c
the telephones and in
person. A good know!,
of the Boynton Beach
community is helpful;
a pleasant. and a
courteous phone man!
is a must.
For more infonnaf
call Enid or Connie at
Chamber at (561)
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National Republican Con~ressional 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
Washinlrton. 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".
IJ/-/""U'/
11../:1//;/.
.. . ..,......
Press Release
FOR IMMF,DIAT'R RJi:J.J:ASF.
MR l\1ARK J. BEHAR APPOINTED TO
CONGRESSIONAL BUSINESS COMl\tIISSION
\Vashington D.C. - Congressman Jim Ryun of Kansas announced today that
Mr Mark 1. Behar of Delray Beach. Florida has been selected to serve au the new
Congressional Business Commission.
The CO:SGRESSIONAL BUSI~ESS COM.l'\nSSION (CBC) is an elite
group ofleading business people and political stIategists who will be advising the
Republican Leadership on h.aYl to protect the Republican 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 CBC, Mr Behar is
expected to playa key role in helping the Party craft their campaign strategy for the
2002 elections. The eBe is committed to supporting and recruiting fiscally
conservative candidates who are committed to tax reduction and relief.
Commenting 011 Mr Behar's selection, Congressman Ryun 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 "ill also be listed on the Congressional Business Honor Roll,
which will be displayed in the Republican Headquarters Building in Washington.
########
"
,I
"',,.."',&.""..,- -...--
BuSINESS AIlVISORY CouNCIL
An Exclusive Chairman7s Nominatio~ For:
Mark J. Behar
As an Honormy Chairman nom Florida you have been selected for inclusion in the Business
Advisory Council's
2003 REPUBliCAN CHA1RMA~jlS HONOR ROLL
We'd like to add your name to this Who's Who of American Business as a service and thankyou
for playing an instrumental role in keeping the White House md Congress in RepubJican hands and
helping us pass OUf mSTORIC 2003 TAX CUTS. Your name will be permanently on display at the
Dwight D. Eisenhower Repoblicau Headquarten building here in Washington-aIongwith
historical photos of President Bush and other top RepaIb/icans.
In addition, as a member of the Chairman's Honor Roll-you qualify to receive OUT prestigious
2003 REPUBLICAN GOLD MEDAL. Medal recipients will be recognized and presented at
a special ceremony in the Fall. The Republican Gold Medal is our highest honor feCognizing the
contribution of OUT nation's TOP Business Leaders. It's really quite an exclusive presentation and
valuable publicity for your business.
Look forward to hearing from you.
#MA:
~;114 f<&.A/oU)s
:Z:'..,E. ALSo ~Ls~~ Fotl "mt A CD"~D~AT1IJE. eEPUcA. ot=' ",E. I'E..., ~t.s'pU/r Bv.sN ..,s~p n;
S/~ .",t. H,STQ~/CAl.. Z003 ~ & I~ L.AI.r. :Z:r wtLL U. s€A/r To roll IN AAI'
,,,I'~LsSIVE. NoLDI...,6- ~ Foe I'eoTE.a'1DP AAl'P PISI't..AJ'. ::t::;rs A tH!E.Ar CDu.LcTb~'s /TE.",.
Paid foe by t.he Nat.ional. Repub1icaR Congressional eo-it;tee and ROt. authorized by any candidate or
candidat.e's committee.
__nrcc.orq
Not priatc.i at ~apma.
'~u u'r tl"f4LUKl U A
itate panel hears public co~ents on condo boards
Y JOE KOU.IN
~'FFW'RITER,
. ViE ., From the condo-
unium board that forced a
7~year-old woman out of the
partment she owned because
he owed the aSsociation 4 "
entsto those thatspendown-
rs' money with impunity. a
tate task force heard hun-
!reds of reasons Tuesday why
tate condo laws nee4 to be I"e-'
nitten. '
Although the noisiest in the
Ludience of about400were de-
Ilanding the House Select
:Ommittee.on Condominium
iovemance change the laws,
be public hearing at Bailey
IaIl at the Broward Communi-
yCollege.Campus'in'Davie,,'
ilsO indudedveterancondo die-
ectors who argued they aren't
leeded. What is needed, they
nSist, is condoownersWUling
o serve~as c:!lr~cto~ andf!top
:oinplairiingabOirt everything
beirboardsdo.>" "
ComDiitteeCbai.b:tl:~Julio "
lobaina. ;R-Mi~~$:lUd the'
light members WiUpl,oot else-
mere inth~ state;bicluding ,
mdQ.Ja~~n.:vil1e and Na-
,.$, reV'iev.\(co'mtnentsfroIp.
9Jldo residents With state law-
'ers, and decide' what should
Ie' changed.Itwill,report to
louse SjYealt~r Jo.hm1ie Byrd.
ID.d recommendations will go
o the' full'li~us~' early 'next
rear. "
. House committeetnemben;. '
vbo metforthefirsttimein Mh
tinilastiIlO,'nth. said they have
JeeR h~'~otJll.ng but "hor-
'Or.storie$~ ab9'u:tC9ndomini.,
1DlS. Mei.J:1bersptomised ac-
ion.' ,::',' "." ,
'"We'U)makeswe,tl1e(con- '
10] own~-~~e!9~~teon
heir side:iUidnothaye to seek
heir,oWfii~gai cotthsel. "said'
kp. Juan Zapata, R-Miami.
Condo residents asked the
:oinmittee to outlaw condo as- "
, .
AG~E:Keith Taylor, from left, and Karen AUgustuSi both of Pembroke Islesi and Philip Castronova and
Jeah~nters of Boca Raton attend the hearing on Tuesday. Photo/Ginny Dixon .
sessments based on the size of
the' 'aPwtment rather than"
equal cost for each owner; ,
, askedforalawto make com- ,,',
munity asso~iation managers~
" more acc,ountable to owners; ,
and asked to give the state Bu-
,reau of Condominiums more
authority to resolve disputes
withoutm~ all owners in
an 8$Soci~tion pay for the mis-
take$ofthefr directors.
, ..
, ,
J~Kolliricpn ~ reached at
jkoUin@SUii..Sentinelcomor
954-38$o;'l913~ '
" Th" 0' .":". al
':,',e ngm , " " "
'Liq..idS,idirig™ 'Liquid Stuc~oTM
,UquidSiding'" is a revolu1iOlllll)' altc:ma,.paint. Liquid Siding'" wOD't mold ocperce:Qt~~I1~,
live to painting or Ymyl1iidiJ!g. ThU: !pO- Diilcfew. fade, split, cock, bUster or c:hip. Liqu.id s~~:.coii1es in ~ of '
~~=::f=m:~~~~~ ::=~~re:::spaco-:~~;~~~~~~~~;
. ~; which dry to the fbk:kness of a 'tecIIUolOgy. Liquid Siding'" was ori -_ paint aDd woib like maglj:.1bose 'who,~
credit card~ provide, .n,;..SllClbte atelgy '~~opcd as an ClIlerlor ~ : ~ lhis actkJe will ~vc a,lS% "
,sa~ Todar. ~ ofl!omcs have, coaslal iig/rthouses. As a resu1tofthe, cliscounL ' ' ." ' ,
been JQ:\PCOyed with this pl'Oduct. Unlike ........~.. ' . ..._La..... the " .
" ,-,,' " , ..._5.supenor .........0:-.;0.. . warranty 'Call..for _
$~~~..",.~~$......
','~thc~fouixgeDellllolsto " (954}c973L8181
mainlahi,a "'_..tw.c or6S degrees prior. _
Is ped8Ct for WllOIt dapboaid. to inslallation or the product and only two www.procraftcoll/Ulgs.com
~ stua:o. masonry. lJridr. block and geaemtms atbward. The product is Ucense F03000Q007.co
=-:, ~tJame. . ~lled by JocalconlractolS with a 100- Class A
;a- ~71iM #~aM'+~~'
~U#~
Mr. MclkJ.1ehar '
#17001.0ceanIlvd.ftl' , - '. " ~ #<JJ
.....=:=n~~~5~~~ ~~ - {1,vj;>o VW~
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CITY OF DELRAYBEACH ;ZtJA-Je-j
BOARD MEMBER APPLICATIO~ECFfVED
FEB 0 7 2006
CITY CLERK
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, 1993
2001
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Cell Phone:
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9. EdUCltional qualifiCltions:
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11. Give your present, or most recent eniployer, and position:
. 12 Describe experiences, skills or knowledge 'which qualify you to serve on this hoard: (please attach a brief resume)
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I hereby certify that all the above statements are tme, an agree and understand that any misstatement of mateffitl facts
contained in,' this applica~on ma"Y Cluse forfeiture upon my P:u:t of any apPoin~tment ' y r: Ce1V,', e.
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SIGNAlURE ' , D.A:
Note: This application will remain on file in the.City Clerk's Office for a period of 2 yea.rs from the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
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BOARD MEMBER ~PLICATION
OCT 1 3 2005
CITY CLERK
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Resume'
Alice Finst
707Place Tavant
Delray Beac~ 33445
Application for Neighborhood AdVisory Council
#12 Describe experiences skills or knowledge which qualify you to serve on this board
Listed below are some of my civic experiences since moving to Delray Beach in 1971.
Please note that dates are approximate and may extend several years.
Memberships
Homeowners' League of Chatelaine 1970's to present
Chairman Architectural Control Committee, Editor, "The Chatterlines"
Member Board of Directors, City Commission observer for Homeowners League
Progressive Residents of Delray Beach Board of Directors, SPRAB monitor
Delray Beach President Council, Pride in Neighborhood Committee
Mounts Botanical Garden
League of Women Voters of South Palm Beach County since 1975, Delray Beach
Good Government Committee
) Lobbying Activities
Acquisition of land for Barwick Park, (also served on play ground committee).
Land acquisition for Fire Station at Barwick and Lake Ida Roads
Sidewalks on Barwick Road
Fencing at Veterans' Park Playground
Bright Park
Service on City Boards and City Related Committees
Pineapple Grove Pre Main Street 1993-1995 Beautification Committee
Community Appearance Board 1985
Historic Preservation Board 1987
Education Board 1990
NorthWest/SouthWest Neighborhood 2002- Sidewalk/Beautification Committee
Cultural Loop Walking Committee visited 80 sites .June 2003/ History Committee
School Advisory Committees
A.D. Henderson 1986-1996
S.D. Spady 1978-80, 1999-present
Atlantic High School 1987-present
Other
City Commission Watcher since 1979
Oft..AAY IlI:AOi
~
'firr
1993
201J1
AU9. 04 200~7~!~Y
qf '1n/'f' ~I <::.-.Jf):
CITY OF DELRAY BEACH gE.CE.\\}EO /ONb (p
BOARD MEMBER APPLICATION b it\\\'i
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FH:><: t 10.
: 5612660746
u n: C LE}{1\'
<'(1(.\ : CER-SAt I
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3. ~ Residc.c.ce; S ~
4. P.cincipal.Businc.:ss Address:
City
Ci1y
city
State
ZIp Co&.
I.
j- ~QlUe Phone: ,
~ bl ~tb 0607'
6. .ALe you lI. ~to:.ted VOI::eci'
'Ruoiuess 'Phone:
7. lXIhat BOu:d(ll) 4UC you interes( in scniog? Plosc list in o~e.r <)~ pcd'er~ce:
"" (r1Vt/ C Vlr7rn; cJ .
8. lis;: all City Boards <:10 wb.kh you Ue euttcudy s~g Of hs.v~ pcc..jQusIy 3CCV'ed; ~ .iodw:k <h~) ;/0 W
\ EdUC3.~ '1~.::alions; t3
10. J.]rt any .Idated profl!!llslowU ce.ttifica.ci.oos anc;i li<<:CIl5ClS -which you hold:
u::- G.i:\?e youe ptesent, Or m.O$t recent eaiployer. and posicion:
12. D~ctibe aper:le:lCe$. skills or kno~edgc whi& qualifY' you to save 01.1 this ho.u:d: (Ple:uc :un.ch 11. bcid'l'c::!lIUIlC)
J:Oof
. appl1:acioo. will r~ 00. file in tb.e Ciq a~s Office. for;t peaod oi 2 years from the ~tc it ~
bmilll:ed.. l( will be the applicant\,; respo.osibility to cUsuic' d)~t a. cw:rent :.pplkation is on file. .
~a..JlaJl::Ibg~t'tUC<>.:I!<>H
m~
1993
2001
CITY OF DELRA Y BEACH
BOARD MEMBER APPLICATIO~~ }21o;!(A9~
2ff~rCLER\<. ,
:z~~
MI.W
Zip Code
-7'~
Zip Code
j!7;0r?
RECE\\fED
OH.RAY B'EACH
. .. 0 .. . . A'
*****
3. Leg.tl Residence:
1.
Name
2.
4. Principal Business Address:
City
State
~ Code
5. Home Phone:
Business Phone:
E-Mail Address:
Cell Phone:
Fax:
, ~(PI-J,.Ji3-'iP08
6. he you a registered voter? If so, where are you registered? fcJ~
7. What Board(s) are yo';1 interes ed in serving? Please list in ordef o! prefere~ce:
I
,.'
I. bov"",+Ow~ beveA'fP'e/'l..J Auh ).) 5,& terCd-,e5 Co~, #'t"~ j) Coole..
8. list all City Boards on which you are currendy serving or have previously served: (please include dates)
9.
v;.~ reJu>-e..-
11. Give yow; present, or most recent employer, and position.:
gO~1 Consre5J A-v-(f Boo-- ~~-11 Pt-- .?)Lji-)
'12 Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach abnef resume)
see.. <::.. it~C,..( rc--.h/i>e.. _ __ :J:("\ <jel1e...f'c:A. \ L "'-~ fA.. ro h:..fJ,g~ ( ,
('es\'dv,,j ,;.. 'OeJ~ P>~4./t.. c.rJ t..JCA./IJ t/L f,., -e,! l/}c/rll~A LJ .j4
I hereby certify that all the above statements are troe, and I agree and understand that any misstatement of material facts c. ( .
contain . this p'licationm ca orfeiture upon my part of any appointment I may receive.' ;t
. . . DAV-11 /HJ()~
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 ensuiethat a current application is on file.
..t/Y} l/sd I~f( S\CfIYa.BRK\BOARD\APPUCAnON
Matthew W. Hartley
2522 Ella Street. Delray Beach, FL 33444
Home: (561) 243-4808. Cell: (603) 674-3067
m_wade_hartley@hotmail.com
QUALIFICATIONS PROFILE
Information Technology Specialist with a diverse background in customer interfacing, technical writing, project
management, and software engineering (specifically in speech and web technologies). Exceptional
interpersonal communication, leadership, analytical, and organizational skills.
CONSULTING ENGAGEMENTS
Genesys Labs, San Jose, CA. (Noy 2004)
Enabled Genesys Labs system test group with installing, configuring and troubleshooting
WebSphere Voice Server S.1.x.
Cisco Systems, Boxborough, MA. (Feb 2005)
Presented WebSphere Voice Server 5.1.x product and enabled Cisco Systems system test
group with installing, configuring and troubleshooting WebSphere Voice Server S.l.x.
Bank of China, Beijing, China (Feb 2005)
Presented WebSphere Voice Server 5.1.x product to senior technical staff at Bank of China.
Call Design Ply ltd, Sydney, Australia (March 2005)
Presented WebSphere Voice Server 5.l.x product, enabled for installing, configuring, and
troubleshooting WebSphere Voice Server 5.l.x, and helped develop a voice application for a
Call Center conference in Sydney, Australia that used WebSphere Voice Server 5.l.x.
Holly, Sydney, Australia (March 2005)
Presented WebSphere Voice Server 5.l.x product to senior technical staff at Holly.
Genesys Labs, Sydney, Australia (March 2005)
Installed WebSphere Voice Server 5.l.x for their use in product demos.
Gold Systems Inc., Boulder, CO (April 2005)
Presented WebSphere Voice Server 5.1.x product and enabled Gold Systems technical
staff with installing, configuring and troubleshooting WebSphere Voice Server 5.1.x.
AAA Auto Club of Southern California, Costa Mesa, CA (June 2005)
Installed WebSphere Voice Server 5.l.x product at customer site for production deployment of
customer IVR
AAA Auto Club of Southern California, Irving, TX (NoY 2005)
Provided on-site customer support for the WebSphere Voice Server 5.1.x.
PROFESSIONAL EXPERIENCE
May 2002 - present, International Business Machines Corp., Boca Raton, FL
STAFF SOFTWARE ENGINEER
Projects and Highlights:
Co-designed and co-developed the IBM WVS (WebSphere Voice Server) 5.1.x MRCP Server
. Designed and developed components of the WVS 5.1.x MRCP Server, specifically the
functions that dealt with RTSP and DTMF processing.
. Worked with BP (Business Partners) IVR (Interactive Voice Response) systems (i.e. Cisco
5400/5300 gateways, Genesys Voice Platform). Set up development lab with respective
BP IVR solutions for interoperability testing. Helped to drive defect resolution with BP IVR's
on issues found during interoperability testing.
. Presented WVS 5.1.x solution to numerous executives at IBM and at IBM sponsored
sales/technical conferences.
Co-designed and co-developed a VoiceXML 2.0 compliant web browser
. Designed and developed the part of the VoiceXML 2.0 compliant web browser that
managed the fetching of resources and implemented VoiceXML caching policy.
. Presented VoiceXML 2.0 compliant web browser to worldwide Business Partners and IBM
colleagues.
Matthew ~ Hartley cant...
November 1999 - May 2002, International Business Machines Corp., Boca Raton, FL,
SOFTWARE ENGINEER
Projects and Highlights:
Co-designed and co-developed a set of voice application development tools used to create VoiceXML
applications.
. Team Lead for the design and development of IBM's Reusable Dialog Components 1.0
release. Managed the entire design and development cycle, wrote a detailed design
specification, and performed project management duties which included (but is not limited
to) identifying project tasks (and milestones) and assigning resources to those tasks.
. Designed and developed a graphical user interface for importing and customizing IBM's
Reusable Dialog Components within IBM's WebSphere Voice Toolkit IDE.
. Co-developed the VoiceXML Editor within IBM's WebSphere Voice Toolkit IDE.
August 1996 - October 1999, State Street Corp., Quincy, MA,
FINANCIAL ANALYST
Projects and Highlights:
Senior level position providing customer interface, project management and developmental analysis
for Securities Operation Division.
. Project Manager for a proprietary client-server application called "Global Tax System".
Designed to automate Global Tax Department processes and deliver reporting
requirements to sub custodians. Coordinated customer engagements and user
requirement proposals, technical planning and design, UAT (User Authorization Testing)
testing, and installation/deployment.
. Co-developed a proprietary client-server application called "Securities Lending". Designed
to track and bill Brokers on dividendlinterest payments outstanding.
. Co-developed a proprietary client-server application called "Sommis". Designed to forecast
budgets for all departments and cost centers under the Securities Operation Division.
TECHNICAL SUMMARY
Programming Languages:
Grammar Languages:
Markup Languages:
Scripting Languages:
Development Software:
Web Server Administration:
Protocols:
Java (J2SE and J2EE)
Augmented Backus-Naur Form (ABNF), Speech Recognition Grammar
Specification (SRGS), Java Speech Grammar Format (JSGF), Speech
Recognition Control Language (SRCL
Extensible Markup Language (XML), Voice Extensible Markup Language
(VoiceXML), Speech Synthesis Markup Language (SSML), Call Control
Extensible Markup Language (CCXML
Java Script, ECMA Script
IBM Rational Application Developer, Eclipse. MS Visual Studio, Visual Slick Edit
IBM WebSphere Application Server, Apache Tomcat Server, IBM HTTP Server,
HTTP (Hyper Text Transfer Protocol), SIP (Session Initiation Protocol), RTSP
(Real Time Streaming Protocol), MRCP (Media Resource Control Protocol), RTP
(Real-time Transfer Protocol), SDP (Session Description Protocol)
EDUCATION
University of Miami, Miami, FL (Dec 2004)
M.S., Management of Technology - Magna Cum Laude
University Of New Hampshire, Durham, NH (May 1996)
B.S., Business Administration - minor in Finance, Cum Laude
B.S., Psychology, Cum Laude
REFERENCES
References are furnished upon request.
OBJtAl' 8EACH
~
1993
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RECEIVED
CITY OF DELRAY BEACH OCT 1
BOARD MEMBER APPLICATION 3 2005
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State
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8. Litif 4lU City Boards on whi h you arc cunelldy 5€cvillg '-'f ha"'e, pre"lQu~l:v :5ef'\red: (Pleas€: include dates) ~~
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Note: This applic:a(\oo ",;Il ~main on file in tho:: City Cltrk'5 OHio,; for :<I period of 2 years from the date it was
submitted. II: will be he appJicanr'$ responsibility w r;:I1SUI:t: lh<\[ a CIl~Tcnt applic3uon i5 on file.
$\("a-r..,' (LfflK\BO"JtD\APP L.I<'~ T10N
HANSFORD N. mGGINBOTHAM
920 SUNFLOWER AVENUE
DELRAYBEACH,FL 33445
(561) 499-8331
CORPORATE FINANCE & INVESTMENT
MANAGEMENT EXECUTIVE 1990-Present
Independent consultant to private and public companies, advising on matters including
capital structure, debt and equity financing, management dynamics, mergers and
acquisitions, strategic planning and marketing. Record of achievement introducing new
concepts and services to clients, turning money-losers into money-makers and capital
creation approximating $70 million.
Concurrently have held contractual relationships with NASDINYSE member .firms for
providing securities brokerage and financial plaiming services for my individual and
business investment clients. Member firms include Old Dominion Securities, Questar
Capital, Round Hill Securities, Northeast Securities and 1. W. Genesis. Client assets
under management have exceeded $36 million.
ACfRADE CAPITAL, INC.
Regional Manager 2000-2001
Responsible for management and sales growth of this public, international company's
Southern Region. I was credited with building the Region's annual sales volume to
over $23 million prior to the Company's decision to consolidate its operations and
close this office.
PIONEER PRODUcrS 1988-1990
, Marketing Manager
Assumed marketing and P & L responsibility for the 150+ consumer and institutional
products of this General Mills manufacturer. Credited with the creation and introduc-
tion oftive new brands (11 sku's) during an aggressive line expansion. My efforts
, contributed to two years of record company revenues achieved within protitguidelines.
EXECUNETCOMPANlES 1984-1988
Partner/General Manager
Created and developed unique enterprises providing consumer and business services
through these successful companies: Execunet, Home Office and Memorybanc
Inventory.
HANSFORD N. IDOOINBOTHAM, Page 2
DEL MONTElR.J. REYNOLDS FOODS 1980-1984
Region Manager and Division Manager ultimately responsible for $50 million in
annual sales of a 500+ item product line through direct and food broker sales forces.
Wrote and implemented operating budgets which included personnel, operations,
local advertising and marketing, trade shows and trade promotion. Managed the
regional merger ofRJR Foods with Del Monte.
PROCl'ER & GAMBLE 1973-1980
District Field Representative and Unit Manager in the food products division.
Managed sales of up to $15 million through direct representatives and account
managers. Recognized as my district's Top Unit Manager in 1977 and 1979.
Consistently ranked among the company's top managers in introducing new items
and brands. Developed successful college recruiting programs at South Carolina,
Clemson and FUfIIUin Universities.
MERRll..L LYNCH, PIERCE, FENNER & SMITH 1970-1973
Account Executive
Sold investment securities including equities, fixed income, options, mutual funds
and commodities. Branch office leader in opening new accounts.
EDUCATION/CERTIFICATION
B.A, Liberal Arts, UNIVERSITY OF lENNESSEE, Knoxville, Tennessee
Series 7, General Securities License
Series 63, Uniform Securities Agent State License
DEl RAY BEACH
~
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1993
2001
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BOARD MEMBER APPLICATION (I C;~~~_ II .
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information:
1. /{l-&I t/ Name W~ M.I~
2. HomeAddress:/II C?t t. ifo~ CiD t..c.L- .tI&1cA1 ~ ~So, y;:
3. Legal Residence: City State Zip Code
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4. Principal Business Address: City State Zip Code
E-Mail Address: Cell Phone: Fax:
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6. Are you a registered voter? i u If so, where ~~~i;;:j} ru,,<.-1'J>A 'iX-ff<v"./if ~7
7. What Board(s) are y~ interested in servin~ Pleasdist jQ. Qrder of pr~ere~c.e="
/V't:1 l-H3o/f /!oOJ} /f-VV/,J -0 ~~/7' ~JL
5. Home Phone:
/~38 35/7
Business Phone:
8. List all City Boards on which you are currently serving or have previously served: (please include dates) . / )
/YON 8
9. Educational qualifications:~..r /k'!(!25v,../77,v
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10. List any related professional certifications and licenses which you hold:
11. Give your t'~~Jr5)IR~~~er, and position:--JIk J?J<!:. 77k.rL- y. 'tJA.S"
~ 1,;:HYCl./Ft-z- ..soo?u~ 1-1 '.LL
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12. Describe experiences, skills or knowledge which qualify you to serve on this board: lease attach a brief resume)
~a
certify that all the above statements are tme, and I agree and understand that any misstatement of material facts
's application may cause forfeiture upon my part of any appointment I may receive.
J'1:vw
DATE
Note: This application will remain on [de in the City Clerk's Office for a period of 2 years from the dateit was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
#tJ / /3/J jtJ 0 S\CITYClERK\IlOARDlAPPLlCATION
~h1 VIJ'il / 6 /cJ
*****
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CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION i26Ll~ .:3 /
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DELRAY BEACH
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Al-AmericaCity
" III!
1993
2001
information:
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,2.
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3.
4.
City
State
Zip c.k
"
Business Phone:
Fax:
11.
I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts
con . d in this applic . on may cause forD' e upon my part of any appointment I may receive.
RECEIVED
DA
DEe
Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was
submitted. Ith be the applicant's respoCi}Jlh't el~at a current application is on file.
/ / ., ~ ~ s\cITYCLERICIlOARDIAPPUCATION
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1993
2001
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
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4. Principal Business Addr~s:
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Name {], ML
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Citv IA State Zip Code
. elF. ,(5ea4h r/ ,3 J C( Y
City Stare Zip Code
City State Zip Code
Please e or rint the follo infonnauon:
L Last Name: IV e LV ell
2. Home Address:
;}"8Q ,(/.c;J.,.)/ A Ue.
3. Legal Residence:
S. Home Phone~
Business Phone:
J6r J 73-1otF
6. Are you a registered voter?
eJ
E-Mail Address: Cell Phone;
bne(J) ef(1 e k+IV1a:!u, !Jt!/<ttt]-33f1
If so, where a.re you registered?
Fax;
7. What B03rd(s) llre you interested in serving? Please list in order of preference:
~A
,,-P/aP1'l/'/1 ~Aj 2crJ/"/!o ;(;041/ AJeiq(/;)(Jr(tJ(JJ /Jjll;~.r CC'</Jc/I S;1E. /!.:r"1/':ellt'e
8~ . ~~ ~..." ry ,~~a::.~ ,!,D; ::rl:.ich y arc cun:e,~~Y Se1-vmg 0 ave pr~viously served: lea~~ include ,~(es)
9. Educational qualifications:
A.A.
/4..
10. List a.ny related professional certifications a.nd licenses which you hold:
11. Give your present:, or mOSt recent employer, and position:./" /. f .
, -UG ,J re/,.r
kealtG!
12. Descnbe experiences, skills or knowledge which qualify yon to s.erve on this bOllrd: (please attach II. brief resume)
;(,(>0.((<
I hereby certify that all the. above sbtements are rme, and I agree andundc.rstand that any misst~ttmcnc of material faces
contain~d in this 2.pplicationffY cause forfeiture upon my part of any appointment I ~2.y re:ce:.l"t"e.
.....~..... A/~ RECEIVED ;,/<(j;s
GNA . DATE:'"
JAN 0 5 2005
Note: TIlls application will remain on file in me City S:l~:s. Office for a period of 2 years from the date it was
submitted. Ie will be the applicant's 1@pl~i~~1rJ1~U1:e that a cun:ent application is on file.
/1, /JC>t sm~BQAIlD'.Al'rLoc..'llIOI'
~11 '
Bryce NeweR
280 NE 2M Ave.
Delray Beach. FL 33444
Home. (561) 278-3068
Cell (561) &43-3311
E-mail bnewelll@hotmail.com
PROFILE
Marketing and sales executive with 6 years of high level outside sales experience, with a proven track
record in developing new business &nd driving revenue in leading edge technologies. Strong anal)'tical,
creative. and communication skIlls developed through assignments in strategic planning,. marketing
cOmID.lmicarions., product launchcs, and naiDing. Excellent leadership abilities demonstraled by delivering
results through highly motivaIed and imaginative teams.
Profl!SSional Expuie1U:e
FDN CommunieatiolU; West Palm Beach., FL
Senior Ae<;OWlt ExeQItivc
4/04-Present
Provjde daza productS and services to business ttJrougbout Florida and Geot'gia_ Pliromy focus on
lnternational multiple location corporations relying on high use data transport. In the top running
for rookie of the 2114 half of the year award.
MeLeodUSA:; 0aJ.:br00k, IL
Smior Account E.xeeunve
3/0:>-2104
Mid-Market telecommunicatious sales position in greater Chicago land area. My responsibility is
to acquire new Business only. Services consist of. PRI's, n'S, VPN"s. Frame Relay and
Wireless. Typical month includes running approximarely 15 new appointments, resulting in 4 to
6 orders nmging from $500 to $3000.
OearOne Communiutions; Westmont. IL
Senior Accol.D1t Manager
7/02-12102
Videoconferencing Specialist position. brought on TO esT3blish marlcet share in. Chicago.
Company provides end-to-end solutions for video, audio and web confer-eneing services.
Primary customer focus is F orttine 1000 Wld Higher Education market.
T8Qdberg, LLC; Chicago, II..
Ree:ional Manaeer
8/01-6/02
Responsible for seUing TANDBERG Videoconferencing equipment to Education and Medical
Agencies. Partnered with consultants and system integnttOr& to provide the customer with a
complete solution. Current territory consiStS of Illinois, lndiana and Wisconsin.
luView; Chicago, II..
Business Development Manae;er
10/91.1/01
Woded. with equipment dealers. system integratotS and telecommunication companies to develop
new accounts. Increased company revenue by 20% by creating a partnenbip program.. Developed
wodcing relationships with sysrem integratofS. equipment manufacrures and telecommunication
companies. Consulted"\'Iith. IT and Telecom Directors on Videoconferencing services.
CSC Office Automation; RoUing Meadows, IL
Malor Account Manasrer
2196-9/97
'EDUCATION
1991-1993
1993-1995
A.A., Business Management,. College ofDupage, Glen Ellyn, IL
BS, Business Administration, Loyola University~ Chicago. II..
Jan 28 06 09:55a Mel Pollack
01/30/06 nu~ l~;OG rAA ~&i~q~~114
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2001
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
2. HOOle Add.ress:
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3. Leg:al ~dence:
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4. PrincipalBus.in.css Address:
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9. Eduo.aon:al quaufiouions, ~_.,I _ ., _
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10. List any [wto:d. pI:ofCSliionu c~ca.tiOD5 :;w.~ licenses which~ y?U bold: _ "'
.~ . _' D L, <L(.) ~ ~
11. Give yollt presc:c.t, or m.ost I:ec~t cmployCJ:, and p~si~o.::. , '
!C"-_~.~~....T ~v yVl<....Jo'S -r "" t. u'\ r-(".:o..:...:\.a .;'
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~::tPIiC1~ forfcinnc ~ponm.y part of any :LPPOio.;: I ~;.:~ 0 (,
SIGNATURE' ' . DATE
Note.:: This ~ppli..ca1:ion uoill.r~ on file IA the G;- Clerlc":; Offic.c for ~ {JGriod of2 y= &001 the date it~
submitted. It win be the :appli=(s r=pon.s..ihimy to eo.suie' that: ~ cu.o:c.Qt :J.ppliOLcion i:! on .6le.
" ~UCA.nar<
/!;JA
REGEf\!ED
JAN 30 2006
e\l'! CLERK
Jan 28 06 09:~~a
Mel Pollack
561-272-7618
p.2
MELVIN POLLACK
800 N_ Ocean Blvd. #1
Delray Beach, Fl.: 33483
Phone: (561) 213-1990
E-Mail: melsy@bellsouth.net
OBJECTIVE: MANAGEMENT, MARKETING, AND PLANNING - To utilize my
experience as an International/National Business Person, Program Manager, Director of
Business Development. Aviation Professional. Pilot and Safety Specialist in a corporate
environment.
EXPERIENCE:
Director, International Business Development/Operations, Wackenhut Services,
Inc. (WSI)
Provided contract services to federal, state and municipal agencies and foreign
governments. WSI is the largest provider of security-related services to the U.S. Federal
Government. and is responsible for key elements of the Government's role in national
defense. homeland security, space exploration, the safeguarding of nuclear materials and
public safety_ Due to the foreign ownership of the Company. my role was to be the
Senior Executive/Business DeveloprnentlMarketingJCommunications conduit between
WSI and our parent, Group4Securicor. This allowed us to work together within the Proxy
Agreement and protect national secrets. Marketed, wrote the Department of State
proposal for the Eastern Europe Civilian Police Force Contract Subsequently phased-in
400 person portion of that contract in Kosovo. Expanded WSI's participation on the
NASA Kennedy Space Center Contract for which I was the Capture Manager for
Northrop Grumman. (Sep 2003-Present)
Director, Operations & Services, Northrop Grumman Corp. Identified and researched
business development opportunities in high tech, O&M. and operational areas which
would benefit from Northrop Grumman's expertise and experience base. Responsible for
overall client development. executive leadership. community communications. and
continually evaluating and improving business processes. Captur"e manager, proposal
writer, phase-in and transition team member on successful 10 year $2.2 Billion NASA J-
BOSC Contract. (Dec 1996-Jun 2003)
Vice-President, AAROTEC, Inc. Responsible for overall business development and
project management for one of the oldest ArchitecturallEngineering firms in the United
States. Managed operations and projects in 34 countries. Responsible for dealing with
foreign governments and U, S. representation at the highest levels. (April-Oct 1996)
Deputy Manager of Johnston Atoll, Raytheon Corporation. Provided overall
management. supervision. and direction to a staff of more than 500 people ($50 million
budget) encompassing all the functions of a medium size city, Ensured compliance with
ES&H, quality. industrial safety, OSHA, and EPA rules and reporting requirements.
Participated in budget preparation, operational plans, forecasts, and ensured ethical
practices. Represented the company to the client. outside firms. and govemmental and
DOD agencies. Operations of the airport and port were part of the overall responsibilities.
(April-Dee 1994)
.Jan 28 06 09:55a
Mel Pollack
561-272-7618
p.3
Senior Program Manager, Greiner Inc. Responsible for aviation business
development. BRAC Commission Representative, and corporate office manager.
Project Manager for,the development of a reuse plan for England AFB. LA. for conversion
into a civil airport, the related economic redevelopment of Central Louisiana, and the
industrial redevelopment of the old civil airport. Project Manager for a number of
feasibility studies in preparation for the closure of MacDiII AFB. FL., and a Federal
Aviation Administration reuse study of Homestead Air Force Base, FL after Hurricane
Andrew, During preparation of the Environmental Impact Statement for the Lambert-St.
Louis International Airport expansion, managed corporate St. Louis office and was
responsible for public information and city/state coordination. (1991-94)
Director, Business Development for an established ArchitecturaVEngineering firm.
instituted formal marketing plan which resulted in opening three new offices and
branching out into new areas of business. Maintained contact with State/County/City
Officials throughout Florida and the southeast, the Department of Transportation, and
numerous governmental agencies. Instituted corporate quality control program.
(1984-91)
Wrote. Negotiated and Managed $750 Million Eastern Test Range O&M Contract
which encompassed operations and management on two continents and sovereign
governments' coordination at the highest 'evels. Directly responsible for saving over $150
million on this contract. As contract administrator, responsible for 13%) reduction on multi-
million dollar facility supply contract at Patrick AFB. (1981-83)
Operated and Managed Safety and Flying Program at Patrick Air Force Base in
Central Florida; Coordinated with 64 civilian airports and many cities in the Florida area
on approach and departure routes. noise abatement, mid-air collision avoidance, and low
level routing. Responsible for all military and civilian flight operations in the southern half
of Florida. Developed instrument approach procedures and worked daily with the FAA.
Achieved zero aircraft accident rate. (1978-84)
Supervised and Managed the Safety Pl"ogram at Homestead AFB, Florida:
responsible for over 30.000 people. Developed programs and procedures which reduced
ground accidents by 35% in one year and received National Safety Council Award.
Instituted U.S. Air Force/FAA Mid Air Collision Avoidance program in State of Florida.
Worked continually with airport managers and FAA. especially concerning noise
abatement and traffic into the South Florida area. Coordinated all security procedures
with both military and civilian agencies. (1974-78)
Jan 28 06 09:55a
EDUCATION:
PROFESSIONAL
AND CIVIC:
Mel Pollack
561-272-7618
p."
B.S. Economics, New York University
UCLA, Anderson Graduate School; Executive Marketing
University of Southern California; Safety Management
. Department of Defense Computer Institute
Armed Forces Staff College; Strategic Planning
U.S. Air Force Pilot Training
United States Space Foundation
Space Commerce Partnership
National Association of Installation Developers
American Association of Airport Executives
National Management Association
Florida Airport Managers Association
Southeastern Airport Managers Association
Greater Miami Aviation Association
National Contract Management Association
Society for Marketing Professional Services
Society of American Military Engineers
SECURITY CLEARANCE: Top Secret. S81 (Current)
OTHER FACTS:
A former Prisoner of War in Vietnam, and the recipient of many
military and civilian awards.
Commercial Pilot Certificate with Instrument Rating
EMPLOYMENT HISTORY:
. DIRECTOR, INTERNATIONAL DEVELOPMENT
Wackenhut Services, Inc.. Palm Beach Gardens, FL
. DIRECTOR, OPERATIONS & SERVICES
Northrop Grumman Corp., Titusville, FL
. VICE PRESIDENT, ASIA DIVISION
AAROTEC, Inc., Fairfax, VA.
. MANAGEMENT/CONTRACT WRITING CONSULTANT.
Delray Beach, FL.
. DEPUTY MANAGER. JOHNSTON ISLAND
Raytheon Services Nevada, Las Vegas. NV.
. SENIOR PROGRAM MANAGER
Greiner Inc., Tampa. FL.
. DIRECTOR. BUSINESS DEVELOPMENT
Williams. Hatfield and Stoner, Inc., Ft. Lauderdale, FL.
. U.S. Air Force
9/03-Present
12/96-7/03
4/96-1 0/96
1/95-3/96
4/94 - 12/94
10/91 - 3/94
10/84 - 7/91
11/64 - 12/84
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:~ ~. 2,-,,"f J:."f B-1 FF-.{,~M: Lirt.i?t f"(i"-,( TO: 2..j:';-~"'77.:J I"AGE: (1l~'2 OF (1t~..;:J
Linda A. Pri,or
2455 Lindell Blvd. #3510
Delray Beach, FL 33444
Home: 561-330-0245
Cell: 561-702-0245
Linda _Prior(~hotmail. com
Work Experience:
IBM in Westchester County, NY - 20 years
Software Engineer
T e1 econullunicat ions & Data
Quality and Process Management
Skills:
Organizational
Management
Attention to Detail
Conullunication
Background:
Homeowll.er in Westchester Countv NY tor 30 vears
.' .'
Year Round resident of Del ray Racquet Club - 8 years
Past President of Association
Graduate of the Delray Residents Academy - 2004
Umass Ahu1Uli VP
Boca Raton Group Counseling - volunteer - 1998 - 200 I
Leader in Delray Church
Chair of Adult Educational Opportunities and Programs
Chair of assimilating NeVI'" Members into active participants
Leader and trainer of care giving organization
Library Volunteer - computer area
Committee Goals:
Maintain the value of property by keeping it aesthetically pleasing
Maintain an open relationship between City and residents
Conduct business in an honest, unbiased manner
Establish an involved network of conullunity interaction
Maintain security within the conullunity.
~~ ~'. Lt'l'~ ):t-'f r,..1 Ff<.OM: Lirl.:I:i I"ri.::-.( TO: 2~:~-~774 I-1\GE: l~"~'~ OF 1~11~'4
I see myself as:
A volunteer willing to serve the Delray community.
I see myself as:
A representative member of the conununity \villing to donate my time to
the functioning of the conununity.
I see my'self as:
An organized person \vho will explore and research situations and give
my input to the decision-making process.
I see myself as:
A cooperative, conscientious person without tlte superpowers to tackle
everyone's concenlS and to satisfy everyone at the same time.
I see myself as:
An individual responsible member of the COlllil1l.mity,just like you all
are, who is willing to put my eftort into maintaining the City of Delray as
a place ,,,here I \vant to live.
I see lllvself as:
An individual who accepts responsibility and is open to the pleasure of
seeking ne,v opportunities and encountering the unexpected. Although I
am particularly interested in the Neighborhood Advisory Council, I have
stepped into positions 'where there has been a need, and I have tound the
challenge fulfilling.
CITY OF DELRAY IIEACH LYe A4:./Ei'l.'J
BOARD MEMBER APPLICATION 3-d9-t?~
Please' e or tint the followin information:
1. Last Name:
~ ,
2. Home Address:
t f>~ -S cU l?T~ -:;-fy-.Q.:r
3. Legal Residence:
.::; ..e.
4. Principal Business Address:
?a.Wle..
5. Home Phone: Business Phone;
JJ 0"1 ~
Name
~
City
1) C!- t
City
S4.IM-€..
City
State
Fl.
State
State
Zip Code
Fax:
-
7.
8.
<Jvt4
~ ~~
I hereby certify that aD the above statements are tc\le, and I~gree and undet:stand that any misstatement of material facts
contained in this application may cause forfeiture upon mypart of ~ appointment I may receive.
&4'cA ~C; Zo<:J4-
DATE 77
Note: is appJlcation will remain on ftle 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 ~sure that a current application is on file.
t!ff 6. SCITYCLl!RKI8OARDIAPPLlCATlON
Samuel Resnick
2835 SW 13th Street
Delray Beac~ Fl. 33445
Ph# 561.330.8419
Resume of Samuel Resnick
1. Education
a) Graduated from City College of New York in Aug. 1949 with a Bachelor
of Civil Enginering Degree.
b) Completed various courses in Building Code Administration and code
analysis. Theses courses were given by Building Officials and Code
Administrators, International. (BOCA) ,
2. Licensing
a) Retired professional engineering licenses- Florida, Connecticut, New
York, New Jersey, and Vermont.
b) Retired registered architectural licenses- Florida, Connecticut, New York,
Mass., Vermont, Delaware, Pennsylvania, and the National Council
Architectural Review Board.
c) Certified as Chief Building Official by State of Connecticut in 1979.
3. Organizations
a) Was member of State of Connecticut Codes and Standards Committee
from 1982 to June 1987.
b) Adjunct Assistant Professor in Civil Engineering Technology at Norwalk
State Technical College.
c) Member of the construction panel of The American Arbitration
Association.
d) Member of the Palm Beach County Board of Education oversight
committee on school construction from 1995 to 1996.
4. Experience
a) Oct. 1991 to Mar. 1995- Consultant to the Mayor of Norwalk:, Ct.
See attached letter.
b) August 1986 to Oct. 1991- Private practice as Architect-Engineer.
c) March 1978 to August 1986- Director of Code Enforcement and
Chief Building Official.
d) June 1957 to March 1978- Private practice as Architect-Engineer.
e) From 1939 to 1957- (except for two years in U.S. Navy and three years
in. enginering school) worked for various arcbitecturaland engineerin~ firms.
'"
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DB.RA~ BEACH
~
All A1l1l11caif
'lilt
'1993
2001
pr-',,=-r"\fED
Please e or rint the foUowin infonnation:
1. Last Name: S (JfJUl-D/ AJG I
2. Home Addre~ _
e LOGWOoD :DR..
3. Legal Residence:
9~ e j)CJ6UJOCJD 'DI? ~
4. Principal Business Address:
MAR , 0 2006
CITY OF DELRAY BEACH EGK
BOARD MEMBER APPLICATION ~~ CO
T~{) c .zJS k--
3 If) I{) 'l
. IE.
Zip Code
3 3
Zip Code
3 '183
Zip Code
Name,,(b h N
C
:&-Lf2A y 13
City
])cL/C.A '/ 8 CM-H
City
State
/tZ"L
State
R...
State
qy. B nCGUJCJD]) Die..
5. Home Phone: Business Phone:
FL
Fax:
~/-:J-?(, -3fY8 I 5'" -:)"1t,... 303/
6.
7.
Pi-
CDUAJc 1(...
8. List all City Boards on which you are currently serving or have previously served: (please include dates)
o
9. Edocatio
TC<:.i? JU I ell L.. ScII06 L
10. List any related professional certifications and licenses which you hold:
F/LJ S-nJ-T€ I!-G SmTE LIC.cNS~
11. Give your present, or most recent employer, and position:
:5GL-F - EMPLOYcI> - S;
~ -r-r/tC hed !?.(!!!.S {}' JL1 e
12 Describe experiences, skills or lmowledge which qualify you to serve on this board: (Please attach a brief resume)
:5
1f7T Ac.H E:])
/2,csuJVIc
I hereby certify that all the above statements are true, and I agree and understand that any miSstatement of material facts
COttmu.ea C/10Cati n m~ ~'e upon my part ofony .~/;; ,J?
Illi 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'CITYCLE\U(\il()ARI:I\API'LrATION
Overview
Career
Summary
Feb 04 to
Present
Aug. 98 to
Feb.04
Aug,97to
Aug. 98
Sept, 92 to
Aug, 97
Mar, 89 to
Jan,92
Feb. 72 to
Feb, 89
f:8b, 67 to
Feb,72
John E Spaulding II
948 Dogwood Drive. Delray Beach, Aorida 33483
Ph: (561) 276-3031, e-mail: iespauldino@earthlink.net
Proven perfonner with over 35 years engineering, senior management, technical marketing, and sales
experience. My career includes successful jobs in computer manufacturing, computer engineering, customer
service, marketing, sales and senior management. I am an active Realtor@, have been a resident of Tropic
Isle in Delray Beach for 24 years, a board member of the Tropic Isle Civic Association (fICA) for 2 years, and
am currently the president of TICA. I have been married to my wife Charity for 37 years, am an active
member of Ascension Catholic Church, and hold a patent for an Interactive Television System. I am well read,
well traveled, have a diverse knOWledge base, good communication skills, good people skills, an ability to
understand and resolve complex technical issues and a success oriented team attitude that has served me
well throughout my career and personal life.
DIGITAL INSITES, Delray Beach, FL.; President and Founder
Provide consulting to numerous finns specifically In the areas of home automation, broadband
communications, RFID products and Asian product development I marketing
BROADMAX TECHNOLOGIES, Inc. I Wong's International Holdings, Ltd., Delray Beach, Fl.;CTO and
Vice President of Technical Marketing
BroadMAX is a subsidiary of Wong's, specializing In ODM developmentJ sales of Broadband products
. Provided strong technical and marketing direction while acting as the VP of Technical Marking and Chief
Technical Officer (eTO).
. Developed competitive strategies, roadmaps, customer presentations, marketing collateral, and RFP
responses resulting in numerous customer "wins. including DSLExtreme, DSL Warehouse, & EarthLink.
. Provided primary interface with Telcos to achieve product certlfacation. Also maintained high profile for
company by actively participating in industry shows and industry organizations such as the DSLForum.
. Perfonned technical and market research in the area of broadband modems, home networks, gateways,
various wireless products, thin clients, VoIP, webphones, and Internet appliances.
DIGITAL INSITES, Delray Beach, FL.; President and Founder
Founded high tech' consulting finn specializing in market I product research. Clients Included Boca
Research, Cltrix, Wong's International, Interaxx and others. Specific markets addressed Included TV set~
tops, Internet appliances, cable modems, thin client application hosting, broadband modems, wireless LANs,
automobile PCs, and pager systems.
INTERAXX TELEVISION NETWORK., Miami, FL.; CTO and Sr. Vice President of Engineering
lnteraxx developed an Interactive television syst~m comprised of an Interaxx analog I digital set~top box, a
support network Including proprietary cable head-end equipment, which connected via satellite to the
lnteraxx proprietary central back-office and master database control systef'J1. In 1996, Disney chose Interaxx
for their "Innovations" display at Epcot as the best interactive TV system. lnteraxx was also featured In a
cover artide by Popular Mechanics Magazine, and a ~ hour segment on the Phil Donahue Show.
. Acted as CTO and Sr. VP of Engineering, establishing a multl-departmental engineering organization
with a staff of 33 holding a combined total of 73 patents and 72 disclosures. .
. Acted as chief architect for the Interaxx television system. Interactive TV patent (5,668,592) ISSued.
AEG MODCOMPI Ft. Lauderdale, FL.; Sr. Manager of Peripherals and 110
MODCOMP, was a subsidiary of Daimler Benz, and a leader in the development of real-time Unix systems.
. Hired to establish new 110 Engineering department chartered with Improving quality and redudng costs
associated with 110 controllers, peripherals and third party equipment. Drastically cut peripheral and third
party equipment costs by $8.2 million, representing a 37% reduction In overall cost in the first year. while
virtually eliminating 110 quality problems.
. One of ten members selected company wide to create the companys five year strategic plans.
~UN MICROSYSTEMS, formerly Gould CSD, Ft. Lauderdale, FL; Sr. Section Manager of I/O
Engineering
Gould was a major manufacturer of real~time proprtetal)' and Unix computing systems.
. Held numerous positions over 17 years including National Support Engineer, Principle Design E~ineer,
Sr. Engineering Section Manager, and Sf. Marketing Manager. Also responsible for all 3 party
peripheral evaluation and selection for the company
RCA INFORMATION SYSTEMS DIVISION, Palm Beach Gardens, FL.; Associate Engineer
infomuuion.:
~I.I/O~, ,:~
#/lll/)/sM~ dd-
RECEIVED
CITY OF DELRAY BEACH 006
BOARD MEMBER APPLICAnOr/O O,~, 2. K
~ '"'6J;R,
~~f~
Name -Pamet d
G
ty })dr'd. f3.e~1
OEtIAY BEACH
. " 6 . . . ...
w
1993
2001
1. W~ Ilia,fY\'S
2- Home: Address: 21'5 tJW 1:. dVfJllK..
S dXYle..
4. Principal Business Addres.s:
City
St?atc Zip~
FL ?J? '
State Zip Code
State Zip Code
3. Legal Residence:
City
5_ Home Phone:
Busioess Phone:
Cell Phone:
^JIA
FlU::
^VA
-901 ~1+-iCfl5 NjA'
6. Are yOIl a registered voter?
7.
9. &tucational qw.li6cauons: -Hie- s:::l'6D\ 6~te., 't\J saw uJ.Q..a. R-
I hereby certify that ill the above statementS are true, and I agree and understand Wt any misstataDeat of Jrulrerw f:<<.'"tS
mined in this application may CllU8e forfeiture upon my pan of any appoinonc:nt I may receive.
r=;::t::t 0 9 iCe5
L-J...." .....
DATE
Note: This application will remain 00 tile in the City Oe:rk's Office foe a period of 2 ycat$ from the dace i[ was
$Ubmitted. It will be the applicant's responsibility to ensun: that a current application is on file.
SlCfn'<.."I.JIaJl(\IIOAJUNII9UC.o. TIOM
MEMORANDUM
TO:
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER t'fv\
AGENDA ITEM # '?IT - REGULAR MEETING OF MARCH 21. 2006
APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY
BOARD
SUBJECT:
DATE:
MARCH 10,2006
There is a vacancy on the Parking Management Advisory Board for an individual to represent
the Old School Square Historic Arts District. The term is for two (2) years ending January
31,2008.
The Parking Management Advisory Board was established by Resolution No. 88-97 on
December 9, 1997. The purpose of the Board is to advise and provide recommendations to
the City Commission regarding parking management policy and related issues including but
not limited to, the planning, financing, development, construction and operation of parking
facilities within the boundaries of the Transportation Concurrency Exception Area (TCEA),
as well as, all public parking areas located along State Road AlA within the corporate limits
of the City.
The following individual has submitted an application and would like to be considered for
appointment:
Cecelia Boone
Southdale Properties Inc.
A check to confirm that she is a registered voter was completed. She 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 Commissioner Ellis (Seat #1)
for one (1) regular member to represent the Old School Square Historic Arts District 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.
PARKING MANAGEMENT ADVISORY BOARD
02/06
TERM MEMBERS CATEGORY 1ELEPHONE
EXPIRES
08/31/07 Mark Krall, Chair P&Z Home: 330-0215
Appt09/09/03 1405 S Federal Hwy #141 Office: 276-7424
Reappt 11/22/05 Delray Beach, FL 33483 Fax: 278-6909
Ratified 12/13/05
08/01/06 Ronald Radabaugh Chambers Office: 243-3073
Appt Unexpired term- 976 Banyan Drive Home: 279-9555
03/20/01
Reappt 07/02/02 Delray Beach, FL 33444 Fax: 274-4849
Reappt 07/20/04 Email: chefron2@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
Ratified 08/19/03 Delray Beach, FL 33483 Cell: 330-8233
Reappt07/28/05
Ratified 09/06/05
09/30/04 WARC Fax:
Vacant Cell:
Email:
08/01/06 Richard Sheremeta, V -Chair DDA Office: 243-8700
Appt 08/06/02 310 Southeast First Street Home: 265-1576
Reappt 07/20/04 Delray Beach, FL 33483 Email:
rs hws@bellsouth.net
The representatives above are ratified by the City commission.
The representatives below are appointed bv the City Commission.
01/31/08 Mark Denkler Adantic A venue Corridor Office: 276-6570
Appt 02/21/06 320 NW 9th Street Between Swinton Avenue Home: 265-4745
Delray Beach, FL 33444 and Intracoastal Fax:
01/31/08 Jeannette Dobson Adantic A venue Corridor Office: 243-1794
Appt 02/01/05 Unexp 700 W. Adantic 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 Adantic A venue 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:
Reappt 01/17/06
Intracoastal Waterway J orge@CaffeLunaRosa.com
01/31/08 Vacant Old School Square Office: 243-7922
Historic Arts District Home: 272-7933
Fax: 243-7018
Email:
direc torfn)oldschool. ora
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:
melsacharowrmiuno.com
01/31/07 Troy Wheat Citizen-at-Large Office: 266-6762
Appt 01/06/04 Unexp 1022 East Adantic Avenue Home: 737-1308
Reappt 01/04/05 Delray Beach, FL 33483 Fax: 265-0816
Email:
Troy.D.Wheat@SmithBam
ey.com
Contact: Scott Aronson - Parking Management Specialist 243-7286
Commission Liaison: Patricia Archer
02/06
TERM
EXPIRES
08/31/06
Unexp Appt 12/19/05
Ratified 01/03/06
08/01/06
Appt 07/06/04
07/01/06
Appt07/06/04
09/30/06
Unexp appt
08/01/06
Appt 07/06/04
PARKING MANAGEMENT ADVISORY BOARD
ALTERNATE MEMBERS
MEMBERS
Diane Borchardt
625 Heron Drive
Delray Beach, FL 33444
avid Cook
01 Southwest 33rd Place
oynton Beach, FL 33435
renda Montague
443 S Coral Trace Circle
elray Beach, FL 33445
acant
erry DonFrancisco
o S Ocean Blvd
elray Beach, FL 33483
CATEGORY
TELEPHONE
&Z
ome: 272-1196
ffice: 515-6550
ffice: 276-4194
ome: 732-4193
276-4190
ffice: 278-0300
ome: 272-0257
ell: 703-7997
ffice: 278-3364
361-8284
278-3328
Contact: Scott Aronson - Parking Management Specialist 243-7286
Commission Liaison: Patricia Archer
Mar-OZ-Z006 04:3Zpm From-OCEAN CITY PROPERTIES
561Z7S6ZZ1
CITY CLERK
h3/01/06 WED 11:14 FAX 5612433774
OfUtAY BEACt1
~
ffiir
1993
2001
T-303 P,OOZ/OOZ F-QSO
tal 002
3/tt# '6
CITY OF DELRAY BEACH RECEIVED
BOARD MEMBER APPLICATION MAR 0 6 2006
CITY CLERK
info.una.tioo=
2.
3.
I
,4_
City
,_~J_~c.~ y &'C---C~
E-MjillAddre.ss: Cell Phone:
.. . ;p" ~,--~'
5> Home Phone:
Bl.lSmess Phone:
MI.
State
t:
State Zip Code
State ZW Code
~I '3 5t..{ tit!
..._,.....,
FDC
'30;2 8' 9 7 ~ ~ec fJ 00 @me.i " ce... 3c::J.. - 817 bl. 7 S' -(,;212./
If SO. where arc you rCf.isteJ:ed.?
e(r;c. Co..... ,l- (,.,...., t5.<"<......<..L
7. at Boonl(s) aCe you interested in serving? Ple:lSe list iI1. order: of 1?t:<:f~ce:
--t~a."- Ie; '"'-.S n- 0 I.J I' .s. 0 r J -:g 0 ~r 'n - .
,.List 2.l1 City Bo:ards on. which. you are currently serving or: have p::eviously sCJ:Ved: (please include dates)
, ,-") C'_"~t 1?o~G.s/ Ho-di?V-0-' ServeJJ 0,., G-::--" ~('eJe C:;rovf! IY\.-r;.--.-l ,,~e +='<.Tl tf~ +
~~-,; 0/2.-, f-
.1.00S
-:r: I-t..... ~ -4- : J I en,.. 0 II ~C~ .
,'s vJr~-l-~~
.~ Is ~l'f (~i.
(-~":' k,;-S
-"\C
'12_ Desaibe exp~c:cs. skills or kao~cdgc whiCh qualify YO? to serre ?n this bo.ud: (please 2.tta.ch":l. brief resume)
e'i. er~e"'(~ ...... Co....... ~,.... _ ~I 6~fe$-~E'N.1 I~......s,..., ..Iv me r
~C> ",.-n ~""'l: 1:"1Y '-"1,:1-
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\J v-v-e v> +- "".... cR .(; -lull C-
Community
Improvement
;q
Memo
To: David Harden, City Manager
From: Lula Butler, Director, Community Improvement
Date: March 15, 2006
Re: Police Advisory Board - Recommendation for Youth Appointments
uD
ITEM BEFORE THE COMMISSION:
City Commission consideration of appointing two (2) youth volunteer members to the Police
Advisory Board, pursuant to the formal recommendation of the Mayor's Committee on
RAC.E Relations.
BACKGROUND:
The City Commission approved Ordinance #73-05 on November 1, 2005 creating the Police
Advisory Board and subsequently approved the list of members recommended by the
Mayor's Committee on RACE Relations at the December 13, 2005 City Commission
meeting. The committee recommended the appointment of eleven (11) members out of the
thirteen (13) approved members. The remaining two (2) positions were designated for youth.
We are pleased to submit the applications of two students currently attending Atlantic
Community High School, who are enrolled in the Criminal Justice Academy, for consideration
of filling the positions designated for two- and three-year terms for youth. The applications for
the following persons are attached for your reference:
Karen St. Fort - 2 year term
Altanese Jean-Louis - 3 year term
RECOMMENDATION:
Staff is recommending City Commission approval and appointment of two (2) youth members
to the Police Advisory Board, as provided for under the recommendation of the Mayor's
Committee on RACE Relations.
LB:DQ
Attachments
9K
DElRJ\ Y BEACH
~
, , II ,:
1993
2001
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
PIt::\l'C ty c or rim tbe followin in(urmalioll:
1. LMf Name:
Nllme
HI.
St. FOJ;.:t:_
1. Home Address:
834 NW 39th Ave
Ciry
D
State
3. Legal RC$idcnc:e:
Ciry
same
~. Principal Business Addrc!'is:
City
St:HC
Zip Code
2455 W Atlantic Ave
5. Home Phone: Business Phone:
Delra
F.-Mail Address:
Beach
Cel] Phone:
FL 33445
l,'ax:
~ (561) 638-450 561 243-1500
6. I\r(; yon a registered voter~
7, 'W'hlll Board (s) Rrc rou inrerested ill ~crving? Please li~t in on.lr:.r of preferellce:
_ Police Advisory Board .
R. Lil\l All Cit). Boardt' on which you \1J:C cLln't~llttr st'n'ing or hllV\: prt'Yiol1s1y sCl'V(;d: (Please inclu~k datcs)
......
None
9. Educatiollal qualific:Hion~: - _
Workin toward ~_high school dip-loma at Atlantic High
~.~~chool; currently ~Jl.x:QJ.led in the_ Criminal _Justice academy.
lO. Lisr (lny rdaled professional c(:rri ficarJOn:; i\ntl ijcemc~ which .\"OU hold:
Nqne
II. (;iH' ~'()ur prCSCJH, 01' m(I:;! rccenl t'mr![)yer, ;~~(J PO~ill()l1:
SJ~].1~en t a t,._A t 1 an tic.
Community High School
12. T)~~~cnl.'" t.:XpCl'il:lll:l'~, ~kill~ O( kllmvl~~l,l;t ",hid, ()Ill1li(,,-i(~~, m ~('r\T (l1111~;~'I)().lfd: ()llt'~l~{, attAch n Imc'( rc.'~~;;;;0-
I_.!':.!.ue.n t in creole, cun: en t 1 Y_"__Huden~_. wi th . the A tl an!; "-_';:E!!!!,!,!ni tJ': .!!;lgJ:!
I Sc.~~_,?..l' s Crimina.l Just:~ce ...Ac'!.~t~~Y._ st':1_~.l:in.s_.. as.:eects.....in la!'!.. enf?:r_c.~~~!1:.~.,_
'1 j;"~Q1>1rltrs(.~ Ilan~ tlt-hE:/tl\c~ml!'lel:Cht:LQnt"118.)Ii&te~II" .lilt! 1IIId('r~I~II)(IIIl.H :il\\ Il1iS~rAlcnlllll (J( 111.11('1"1,,1 (;1(''-
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2001
CITY O_F DELRA Y BEACH
BOARD MEMBER APPLICATION
J>1~a$(; lv )(; Or rint thc followin inform~lli()ll:
1. Last Name:
Jean-Louis
Name
none
Delra.y Beach
Cdl Phone;
None--
~I. T. P
Slr'1. , Z!f3~(8d3
State 7..ip Code
Fl. 33483
Slfltc Zip CO! k
Fl. 33445
.,
/'rom(: ,\ddrcss: 610
S.l!:. 3 Avenue
Altanese
City De lray Beach
3. Lc~~d Rc~idencc; 6
\. 10 S,E. 3 Avenue,.
City
Delray Beach
~, Prir\cipal Businc:;s Address:
2455 West At1a.ntic A~enue
Ciry
5. Home Phone:
561:,929-4851
Business Phone:
E-Mail Addre!l!l:
F<lx:
561-243-1500
None
6. Arc you a registered voter?
No
I f so, where arc you registered?
7. 'W'h~[ Roud($) l\rC yOll interested in SCrvil'lg? Please list in order or prefercnce:
Police Advisory Boa.rd
H, l.j~t all City HOl\l'ds on which you loln.: cllrrently sClying or huvc.: prcviousl)' S('l'vc.:c,L (please includc.: dates)
NO~
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9, Edllcmiorl'illlj\llllific:l tions;
-'
working toward my high school diploma at Atlantic H gh
."School; currentl enrolled in th~ Criminal Justice Academy.
In, Li~l Ally rdatcc.l profc~~i()11,fll ccrritlcall011" ;\ndliccnge~ which you hold:
NONE
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Student at Atlan~ic
Community High School.
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Date: March 14" 2006
Agenda Item No.
9\L-
AGENDA REQUEST
Agenda request to be placed on:
_X_Regular _ Special
_ Workshop
Consent
When: March 21, 2006
Description of Agenda Item:
Youth Appointments to the Police Advisory Board
Ordinance/Resolution Required: Yes / No
Draft Attached: Yes / No
Recommendation: Approval
Department Head Signature: ~/J ~. ---
City Attorney Review/Recommendation (if applicable)
~
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No
Funding Alternatives:
Account # & Description:
(if applicable)
City Manager Review:
Approved for agenda: & / No ~
Hold Until: '
Agenda Coordinator Review:
Received:
Action: Approved / Disapproved
MEMORANDUM
TO:
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGERm1
\
AGENDA ITEM # \0 "-
ORDINANCE NO. 11-06
HEARING)
- REGULAR MEETING OF MARCH 21, 2006
(SECOND READING/SECOND PUBLIC
SUBJECT:
DATE:
MARCH 17, 2006
This ordinance is before Commission for second reading and second public hearing for a City initiated
amendment to Land Development Regulations (LDR) Section 2.4.4(E)(2), "Expiration of Approvals;
Conditional Uses, Site Plans, Landscaping Plans, Architectural Plans, Preliminary Subdivision Plats", to
clarify the timeframes for development approvals.
The City initiated amendment to the LDR's is being processed to clarify that initial approvals for Site
Plans, Conditional Use Approvals, Landscape Plans, Architectural Plans, and Preliminary Subdivision
Plats are valid for 24 months. Further, that if Class I, II, and III site plan modifications, or minor
conditional use modifications, are made to the approval plans before they are considered established by
LDR Section 2.4.4(D), "Establishment of Project", (between 25%-100% of construction completed by
the approval expiration date), the modification approvals do not extend the expiration date of the
original approval. The amendment does clarify that if Class IV site plan modifications, or major
conditional use modifications, are made to the approved plans, before they are considered established,
the approval would extend the development approval date for an additional 24 months from the date the
Class IV site plan modification or major conditional use modification was approved.
The clarification is being recommended to address an applicant's recent assertion that an intervening
Class III site plan modification automatically extended a Class V site plan approval that was nearing its
expiration date. The Class III site plan modification findings differ from those required of a Class V
extension. The Class III findings require an acknowledgement that the proposed changes do not
significandy affect the originally approved plan; while the extension request fIndings require the project
to be evaluated pursuant to the LDR's in effect at the time of consideration of the extension request and
requires compliance with such current requirements.
The Planning and Zoning Board held a public hearing at its meeting of January 23, 2006. There was no
public testimony. The Board voted 7-0 to recommend to the City Commission approval of the
amendment by adopting the findings of fact and law contained in the staff report; and finding that the
request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section
2.4.5(M) (Amendment to Land Development Regulations).
At the first reading on March 6, 2006, the City Commission passed Ordinance No. 11-06.
Recommend approval of Ordinance No. 11-06 on second and final reading.
S:\City Clerk\agenda memos\Ord.l1-06 Dev Tuneframe Approvals 032106
~~
TO:
FROM:
SUBJECT:
DAV~.~" N, 1"'( MANAGER
PAul ~ING, DIR TOR OF PLANNING & ZONING
MEETING OF MARC 6, 2006 - REGULAR AGENDA
CONSIDERATION OF A CITY-INITIATED AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS SECTION 2.4.4 (E) (2) TO CLARIFY
TIMEFRAMES FOR DEVELOPMENT APPROVALS.
The item before the City Commission is approval of a City-initiated amendment to the Land
Development Regulations Section 2.4.4(E) (2) clarifying timeframes for development approvals.
The City-initiated amendment to the Land Development Regulations is being processed to clarify
that initial approvals for Site Plans, Conditional Use approvals, landscape plans, architectural plans,
and preliminary subdivision plats are valid for 24 months. Further, that if Class I, II, and III site plan
modifications or minor conditional use modifications are made to the approved plans before they are
considered established by LOR Section 2.4.4 (D), (between 25% - 100% of construction completed
by the approval expiration date), the modification approvals do not extend the expiration date of the
original approval. The amendment does clarify that if a Class IV site plan modifications or major
conditional use modifications are made to the approved plans before they are considered
established the approval would modify the original approval date an additional 24 months.
The clarification is being recommended to address an applicant's recent assertion that an
intervening Class III site plan modification automatically extended a Class V site plan approval that
was nearing its expiration date. The Class III site plan modification findings differ from those required
of a Class V extension. The Class III findings requires an acknowledgment that the proposed
changes do not significantly affect the originally approved plan; while the extension request findings
requires the project to be evaluated pursuant to the Land Development Regulations in effect at the
time of consideration of the extension request and requires compliance with such current
req uirements.
The Planning and Zoning Board held a public hearing on this request on January 23, 2006. After
presentations from Planning Staff the Board voted 7 to 0 to recommend to the City Commission
approval of the amendment to Land Development Regulations Section 2.4.4(E) (2) Expirations of
Approvals, Conditional Uses, Site Plans, Landscaping Plans, Architectural Plans, and Preliminary
Subdivision Plats by adopting the findings of fact and law contained in the staff report and finding
that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section
2.4.5(M) of the Land Development Regulations.
Move to approve the amendment to Land Development Regulations Section 2.4.4(E) (2) Expirations
of Approvals, Conditional Uses, Site Plans, Landscaping Plans, Architectural Plans, and Preliminary
Subdivision Plats by adopting the findings of fact and law contained in the staff report and finding
that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section
2.4.5(M) of the Land Development Regulations.
Attachments:
· Proposed Ordinance
· Planning & Zoning Staff Report of January 23, 2006
lOA
ORDINANCE NO. 11-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES, BY AMENDING SECTION 2.4.4, "GENERAL
PROCEDURES PERTAINING TO APPROVAL OF LAND USE
AND DEVELOPMENT APPLICATIONS", SUBSECTION 2.4.4(E),
"EXPIRATION OF APPROVALS", TO CLARIFY TIMEFRAMES
FOR DEVELOPMENT APPROVALS; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, pursuant to LOR Section 1.1.6, the Planning and Zoning Board
reviewed the proposed text amendment at a public hearing held on January 23, 2006
and voted 7 to 0 to recommend that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning
Board, sitting as the Local Planning Agency, has determined that the change is
consistent with and furthers the goals, objectives and policies of the Comprehensive
Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 2.4.4, "General Procedures Pertaining to Approval of
Land Use and Development Applications", Subsection 2.4.4(E), "Expiration of
Approvals", of the Land Development Regulations of the Code of Ordinances of the City
of Delray Beach, Florida, be and the same is hereby amended to read as follows:
(E) Expiration of Approvals:
(1) Prior Approvals: Any development application approved prior to the
adoption of these Land Development Regulations shall be handled pursuant to Section
1.2.2.
(2) Conditional Uses. Site Plans, Landscapina Plans. Architectural Plans,
Preliminary Subdivision Plats: All development approvals. includino The following
shall apply to unexpired development approvals that have not been previously extended
and new development applications submitted prior to March 15, 2005 and to new
development applications submitted after March 15, 2005. Development approvals shall
be valid for a period of twenty-four (24) months, unless a different period is specifically
stated. in conditions of approval. During this approval period, the project shall be
established pursuant to 2.4.4(0). This section shall not apply to extensions of
development approvals. Extensions shall be governed by Section 2.4.4(F); provided,
however an extension granted under 2.4.4(F) (4) shall not be considered a previous
extension under this section. If the proiect is not established within the 24 months, as
defined bv LOR Section 2.4.4(0) an extension may be requested pursuant to LOR
Section 2.4.4(F). Approved plans that have not been established within the 24 month
period shall not have their approval date extended if a Class I, II. and III site plan
modification or minor Conditional use modification is submitted durinq the 24 month
period. However. if a Class IV site plan modification or maior conditional use
modification is submitted and approved durinq the 24 month period, this approval shall
be considered a new approval and extend the development approval date for an
additional 24 month period from the date the Class IV site plan modification or maior
conditional use modification was approved.
(3) Certificates of Aoorooriateness. Relief from Parkina Reauirements.
Waivers. and Adiustments: and similar approvals which are associated with a specific
development application shall remain valid for the same period as said development
application. These approvals do not run with the land nor are they transferable to
another development proposal.
(4)
the land.
Abandonments. Final Plats. Variances: are final actions which run with
(a) Once approved by the City Commission, the final plat must be
recorded within eighteen (18) months. If the final plat is not
recorded within eighteen (18) months, the approval expires.
(b) A final plat may be vacated by action of the City Commission [See
Section 2.4.5(L)].
Section 2. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a court of competent
jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof
as a whole or part thereof other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and
the same are hereby repealed.
2
ORD. NO. 11-06
Section 4. That this ordinance shall become effective immediately upon its
passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this
the day of ,200_
ATTEST
MAYOR
City Clerk
First Reading
Second Reading
3
ORD. NO. 11-06
MEETING DATE:
JANUARY 23, 2006
AGENDA NO.:
III. F.
AGENDA ITEM:
CONSIDERATION OF A CITY-INITIATED AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS SECTION 2.4.4 (E) (2) TO CLARIFY
TIMEFRAMES FOR DEVELOPMENT APPROVALS.
The item before the Board is that of making a recommendation to the City Commission
regarding a City-initiated amendment to the Land Development Regulations Section 2.4.4(E) (2)
clarifying timeframes for development approvals.
Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may
not be made until a recommendation is obtained from the Planning and Zoning Board.
The City-initiated amendment to the Land Development Regulations is being processed to
clarify that initial approvals for Site Plans, Conditional Use approvals, landscape plans,
architectural plans, and preliminary subdivision plats are valid for 24 months. Further, that if
Class I, II, and III site plan modifications or minor conditional use modifications are made to the
approved plans before they are considered established by LDR Section 2.4.4 (D), (between
25% - 100% of construction completed by the approval expiration date), the modification
approvals do not extend the expiration date of the original approval. The amendment does
clarify that if a Class IV site plan modifications or major conditional use modifications are made
to the approved plans before they are considered established the approval would modify the
original approval date an additional 24 months.
Section 2.4.4. (E)(2) is to be amended as follows:
(2) Conditional Uses, Site Plans, Landscaping Plans, Architectural Plans,
Preliminary Subdivision Plats: All development approvals, includinq The following shall apply
to unexpired development approvals that have not been previously extended ~lnd new
development appliC3tions submitted prior to Mmch 15, 2005 and to new development
appliC3tiom: submitted after March 15, 2005. Development approvals shall be valid for a period
of twenty-four (24) months, unless a different period is specifically stated. in conditions of
approval. During this approval period. the project shall be established pursuant to 2.4.4(0).
This section shall not apply to extensions of development approvals. Extensions shall be
governed by Section 2.4.4(F); provided, however an extension granted under 2.4.4(F) (4) shall
not be considered a previous extension under this section. If the proiect is not established
within the 24 months. as defined by LOR Section 2.4.4(0) an extension may be requested
III. F.
Planning and Zoning Board Memorandum Staff Report, January 23, 2006
Amendment to LOR Section 2.4.4 (E) (2)
,
~
ursuant to LDR Section 2.4.4 F. Class I II and III site Ian modifications or minor
Conditional use modifications of approved plans that have not been established. as defined by
LDR Section 2.4.4 (D) will not extend the ori inal develo ment a roval date. Class IV site
Ian modifications and ma.or conditional use modifications of a roved lans that have not
been established will be considered a new approval and extend the development approval date
for an additional 24 months.
The clarification is being recommended to address an applicant's recent assertion that an
intervening Class III site plan modification automatically extended a Class V site plan approval
that was nearing its expiration date. The Class III site plan modification findings differ from
those required of a Class V extension. The Class III findings are that the proposed changes do
not significantly affect the originally approveq plan, while the extension request requires the
project to be evaluated pursuant to the Land Development Regulations in effect at the time of
consideration of the extension request and requires compliance with such current requirements.
LOR Section 2.4.5{M){5) (Findings): Pursuant to LOR Section 2.4.5(M}(5) (Findings), in
addition to LOR Section 1.1.6{A), the City Commission must make a finding that the text
amendment is consistent with and furthers the Goals, Objectives and Policies of the
Comprehensive Plan.
The Goals, Objectives and Policies of the City's Comprehensive Plan were reviewed and no
specific goals objectives or policies were found_ The amendment is corrective in nature and
while the amendment does not further any specific Goal, Policy or Objectives of the
Comprehensive Plan it is not inconsistent with them.
Courtesv Notices:
Courtesy notices were provided to the following homeowner and civic associations:
· Progressive Residents of Delray (PROD)
· President's Council
Letters of objection and support, if any, will be provided at the Planning and Zoning Board
meeting.
The CitY initiated amendment to LDR Section 2.4.4. (E)(2) is corrective in nature and is being
proposed to clear up any confusion with respect to initial approval time periods and the status
given to intervening site plan modifications to development approvals that have not been
established pursuant to LDR Section 2.4.4 (D). The proposed amendment is consistent with
the Goals, Objectives and Policies of the Comprehensive Plan and does not diminish them.
2
Planning and Zoning Board Memorandum Staff Report, January 23, 2006
Amendment to LOR Section 2.4.4 (E) (2)
0>
Move to recommend to the City Commission approval of the amendment to Land Development
Regulations Section 2.4.4(E) (2) Expirations of Approvals -Conditional Uses, Site Plans,
Landscape Plans, Architectural Plans by adopting the findings of fact and law contained in the
staff report and finding that the request is consistent with the Comprehensive Plan and meets
criteria set forth in Section 2.4.5(M) of the Land Development Regulations.
Attachments:
. Proposed LOR Amendment
3
TO:
FROM: CTOR OF PLANNING AND ZONING
SUBJECT: MEETING OF MAR 21, 2006
CONSIDERATION OF A CITY-INITIATED AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS (LDRs) ARTICLE 4.7 "FAMILY WORKFORCE
HOUSING", SECTION 4.4.6 "MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT",
SECTION 4.4.9 "GENERAL COMMERCIAL (GC) DISTRICT", SECTION 4.5
"OVERLAY AND ENVIRONMENTAL MANAGEMENT DISTRICTS", SECTION
4.3.4(J) "HEIGHT", SECTION 4.4.13(1) "PERFORMANCE STANDARDS" AND
SECTION 4.1.4 "USES OF LOTS OF RECORD", PROVIDING A REQUIREMENT
AND INCENTIVES FOR THE PROVISION OF WORKFORCE HOUSING.
The Family/Workforce Housing Ordinance, adopted by the City Commission on December 6,
2004, includes incentives to provide workforce housing by allowing density bonuses within the
Southwest Neighborhood Overlay District. The proposed amendments to the Land
Development Regulations are related to revisions in the City's Workforce Housing Program.
The program is being expanded to provide additional opportunities and incentives for the
provision of workforce housing. Major revisions to the program include the following:
1. Establishment of an additional workforce housing overlay district known as the Infill
Workforce Housing Area. This area includes the Swap Shop property on North Federal
Highway (zoned General Commercial) and all RM zoned property, east of 1-95 that does
not lie within the coastal high hazard area. A maximum density of 18 units per acre is
permitted in this area through density bonuses for the provision of workforce housing.
2. An increase in the maximum density from 12 units per acre to 24 units per acre within the
Carver Estates Overlay District through density bonuses for the provisions of workforce
housing.
3. References to the newly created Delray Beach Community Land Trust have been added.
Lump sum payments for units under the Density Bonus Program are to be paid to the
Trust.
4. The time which units are to remain affordable has been increased from 30 to 40 years.
The above four items are addressed primarily through revisions to LOR Article 4.7
"Family/Workforce Housing." LOR Section 4.5 "Overlay and Environmental Management
Districts" was modified to add the new Infill Workforce Housing Area to the list of overlay
districts and revisions were made to the Section 4.4.6 "Medium Density Residential (RM)
District" and Section 4.4.9 "General Commercial (GC) District" regulations to allow
developments with a density greater than 12 units per acre within this area. Additional
modifications were made to the RM zoning district regulations to allow relaxed development
standards within the infill Workforce Housing Area and Carver Estates Overlay District for
developments which provide workforce housing.
\06
City Commission Documentation, March 21, 2006
FamilylWorkforce Housing Ordinances
5. Include an additional incentive to provide workforce housing units by allowing lots of record
between 40 feet and 50 feet to be developed for workforce housing.
This item is addressed through modification of LOR Section 4.1.4 "Use of Lots of Record" to
allow currently unbuildable lots of record with frontage between 40 and 50 feet to be
developed for workforce housing. The lots must be at least 4,000 sq. ft. in size, be located in
the R-1A, RL or RM zone districts, meet the applicable setbacks (side setbacks are reduced
to 5') and other development standards in the zoning district as well as meet typical designs
represented by sketches within LOR Article 4.7 "Family/Workforce Housing."
6. Requires workforce housing to be provided where increases in density are requested in the
CBO zone district.
This item is addressed through modification of LOR Section 4.4.13(1) "Performance
Standards." These performance standards must be addressed as part of the Conditional Use
process to allow development with a density in excess of 30 units per acre within the Central
Core area or in excess of 12 units per acre in the West Atlantic Neighborhood. Language has
been added which requires developments to provide 20% of the additional units (above 30
units per acre) as workforce housing units, divided equally between low and moderate income
levels.
7. Requires workforce housing to be provided in cases were increases in height are
requested.
This item is addressed through modification of LOR Section 4.3.4.(J) "Height.". This section
deals with requirements which must be addressed to increase height above 48 feet. Language
has been added to require developments which increase the intensity by adding an additional
floor to provide workforce housing. At least 20% of the additional residential units must be
divided equally between low and moderate income levels.
The Planning and Zoning Board considered the proposed ordinances at their meeting of February 27,
2006. There was one member of the public that spoke in support of the amendment and after reviewing
the staff report, the Board voted 7 to 0 to recommend approval of the related ordinances.
By motion approve on first reading Ordinance Nos. 16-06,17-06,18-06,19-06 and 20-06 which
implement City-initiated amendments to Article 4.7 "Family Workforce Housing", Section 4.4.6
"Medium Density Residential (RM) District", Section 4.4.9 "General Commercial (GC) District",
Section 4.5 "Overlay and Environmental Management Districts", Section 4.3.4(J) "Height", Section
4.4.13(1) "Performance Standards", and Section 4.1.4 "Uses Of Lots Of Record" of the Land
Development Regulations, by adopting the findings of fact and law contained in the staff report and
finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in
Section 2.4.5(M) of the Land Development Regulations.
Attachment:
· Proposed Ordinances
2
[IT' DF DElRAY IEA[H
CITY ATTORNEY'S OFFICE
2()()!\W 1st AVENI T . DELRAY BEACH, FLORIDA 33444
TELEPHONE: )('1/2-l~~j()()(). FACSIMILE: S61/278~47SS
DELRAY BEACH
Writer's Direct Line: 561/243-7091
F LOR I 0 ^
DaI.III
All-America City
, 1111(: DATE:
MEMORANDUM
March 8, 2006
1993 TO:
2001
City Commission
FROM: Susan A. Ruby, City Attorney
SUBJECT: Ordinances 16-06, 17-06, 18-06, 19-06 and 20-06 Amending Land
Development Reaulations Pertainina to Workforce Housina
A Summary Description of the ordinances is provided to assist you in analyzing
each ordinance.
1. Ordinance 16-06 modifies Section 4.3.4(J)(4)(b) which requires that if any
increase in height is provided, it must accommodate residential units on the
top floor and also provide workforce housing units equal to 20% of the
residential units on the top floor elsewhere within the development with no
more than 50% of the workforce units being for moderate income levels and
requires that two of three additional criteria be met. The three criteria
include (a) increased setbacks (b) making 50% of the ground floor building
frontage consisting of non-residential units (excluding parking) (c) that open
areas such as court yards, plazas and landscaped setbacks be provided to
add interest and relief from building mass.
2. Ordinance 17-06 makes sure that RM Zoning District properly includes
references to aspects of the Workforce Housing Ordinance for RM zoned
properties that are part of the workforce housing overlay districts.
3. Ordinance 18-06 modifies the Workforce Housing Ordinance, Article 4.7 of
the L.D.R.s. It establishes an additional workforce housing overlay district
known as the Infill Workforce Housing Area, located east of 1-95 and west of
the Intracoastal outside of the coastal high hazard area for properties
predominantly zoned RM.
It provides for the use of dormers, porches and other architectural features.
It provides that the Infill Workforce Housing Area Overlay District density
shall not exceed 18 units per acre.
It strengthens the covenants and restrictions reqUiring the workforce
housing restrictions to remain in effect for 40 years instead of 30 and
applies the requirements to resales, conversions of rentals to owner
occupied property and provides for notice to the City.
The ordinance references other incentives such as the ability to use lots of
record of at least 40 feet for workforce housing as long as certain designs
are used and other criteria is met. The designs are included in the
ordinance.
4. Ordinance 19-06 amends Section 4.4.13(1)(1), which regulates densities
and requires 20% of all residential units to be workforce housing for
densities in excess of 30 du/acre in the commercial core or over 12 du/acre
in the West Atlantic Avenue Neighborhood with no more than 50% of the
workforce housing units to be for moderate income levels occupants.
5. Ordinance 20-06 amends Section 4.1.4, "Lots of Record" to permit the use
of 40 foot lots of record with a minimum of five feet side setbacks, if
necessary to use designs that are set forth on Pages 25-31 of Ordinance
18-06. Other amenities are also required such as front porches and other
architectural features.
Please call if you have any questions.
Attachments
Cc: David Harden, City Manager
Paul Dorling, Director of Planning and Zoning
Lula Butler, Director of Community Improvement
Diane Colonna, Director of the CRA
Joe Gray, Assistant Director of the CRA
Dorothy Ellington, Housing Authority Director
Ron Hoggard, Senior Planner
Revised 3/9/06
Reprinted 3/14/06
ORDINANCE NO. 16-06
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,
AMENDING ARTICLE 4.3, "DISTRICT REGULATIONS,
GENERAL PROVISIONS", SECTION 4.3.4(J) "HEIGHT"
SUBSECTION 4.3.4(J)(4), "INCREASES TO HEIGHT
REGULATIONS", BY AMENDING SUBSECTION
4.3.4(J)(4)(b), "ALLOWANCES", TO PROVIDE FOR
MODIFICATIONS TO PERFORMANCE STANDARDS AND
TO REQUIRE WORKFORCE HOUSING; PROVIDING A
GENERAL REPEALER CLAUSE; A SAVINGS CLAUSE
AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning
Board reviewed the proposed text amendment at a public hearing held on February 27,
2006 and voted 7 to 0 to recommend that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and
Zoning Board, sitting as the Local Planning Agency, has determined that the change is
consistent with and furthers the goals, objectives and policies of the Comprehensive
Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the
findings in the Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the
ordinance is consistent with the Comprehensive Plan.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS:
Section 1. That Article 4.3, "District Regulations, General Provisions", Section
4.3.4(J), "Height", Subsection 4.3.4(J)(4), "Increases to Height Regulations" by
amending subsection 4.3.4(J)(4)(b), "Allowances", to read as follows:
(b) Allowances: An increase, to a maximum height of sixty feet (60'), may be
approved by the City Commission in any zone district not listed above
when approved pursuant to the processing of a conditional use request
and based upon a finding of compliance with each of enumerated criteria
listed below.
(i) That the structure is to be located in one of the following
geographic areas:
(1) Area "A" - all property located east of Congress Avenue and
west of 1-95.
(2) Area "B" - the property encompassed by the Delint DRI, with
the exception of that portion platted as "Waterford Village";
along with property located west of S.W. 10th Avenue, south
of Linton Boulevard, and east of 1-95.
(3) Area "C" - the property encompassed by the boundary of
Linton Boulevard, Wallace Drive, S.W. 10th Street, and 1-95.
(4) Area "D" - the properties located south of Atlantic Avenue,
north of S.W. 1st Street, west of S.W. 2nd Avenue, and east
of S.W. 4th Avenue; and the properties located north of
Atlantic Avenue, south of N.W. 1st Street, west of N.W. 1st
Avenue, and east of N.W. 3rd Avenue.
(5) Area "E" - the property encompassed on the west by the
F.E.C. Railroad, on the east by the Intracoastal Watervvay,
on the south by Allen Avenue extended to said easterly and
westerly boundaries, and on the north to the northernmost
boundary of the City.
(6) Area "F" - the property located between the one-way pair
system of Federal Highway (5th and 6th Avenues).
(7) Area "G" - the property on either side of Linton Boulevard,
extending 200 feet north and south of its ultimate right-of-
way, extending from 1-95 to Dixie Highway.
(8) Area "H" - the area bounded by Linton Boulevard on the
south, the F.E.C. Railroad on the east, the combination of
South ridge Road and Swinton Avenue on the north, and
S.W. 4th Avenue on the west.
(9) Area "I" - all property within the Central Core portion of the
CBD (Central Business District), except for that portion
within 150' of any zoning district which has a maximum
2
ORD NO. 16-06
height limit of 35', measured from the property line of the
CBD zoned property.
(10) Area "J" the property encompassed by Lindell Boulevard on
the north, Federal Highway on the east, Dixie Highway on
the west, and the City limits on the south.
(ii) That the increase in height will not provide for, nor accommodate,
an increase in the floor area (within the structure) beyond that
which could be accommodated by development which adheres to a
height limitation of 48 feet, except for the following situation:
(1) An increase in intensity is allowed when the increase from
48 feet to 60 feet is for the purpose of accommodating
residential use on the top floor of the structure; however, the
increase in intensity is only for the added residential use
area. Workforce housino units, equal to twenty percent
(20%) of the residential units on the top floor, shall be
provided within the development (fractions shall be rounded
up). The workforce housino units shall be divided between
low and moderate income levels with no more than 50% of
the workforce housino units to be for moderate income levels
and shall complv with other applicable provisions of Article
4.7.
(2) An increase in intensity is 3110wed when there is a transfer of
developmont rights pursu3nt to Section 4.6.20.
(iii) That the increase in height is b3sod on or '.viII rosult in two, or moro,
of the f-ollmving shall be allowed if two or more of subsections
4.3.4(J) iii(1), (2) or (3) are met:
(1) Th3t workforce housing is providod \vithin the devolopmont
in 3 m3nnor consistent with the provisions of Sections 4.7.5
(3) 3nd (d);
(2) That 50% or gro3tor of 3n 3ro3 of tho ground floor is devotod
to p3rking 3nd vohicul3r tr3ffic circulation;
tJt-ill That for each foot in height above 48 feet, an additional
building setback of two feet is provided from the building
setback lines which would be established for a 48-foot tall
structure. The additional setback is required from all setback
3
ORD NO. 16-06
lines (Le., front, side, and rear) for the portion of the building
that extends above 48 feet. In lieu of this setback
requirement, buildings in the CBD zone shall adhere to the
setback requirements of that district; and,
t41 ill That a minimum of 50% of the ground floor building frontage
consist of nonresidential uses (excluding parking).
m That open areas. such as courtyards. plazas. and
landscaped setbacks. be provided in order to add interest
and provide relief from the buildinq mass.
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
4
ORD NO. 16-06
Rev. 3/14/06
ORDINANCE NO. 17-06
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, BY
AMENDING SECTION 4.4.6 "MEDIUM DENSITY
RESIDENTIAL (RM) DISTRICT", SUBSECTION 4.4.6(0),
"CONDITIONAL USES AND STRUCTURES ALLOWED",
BY ADDING SUBSECTION 4.4.6(D)(13) TO INCLUDE
REFERENCES TO APPLICABLE WORKFORCE HOUSING
OVERLAY DISTRICTS; AMENDING SUBSECTIONS
4.4.6(F), "DEVELOPMENT STANDARDS", 4.4.6(G),
"SUPPLEMENTAL DISTRICT REGULATIONS" AND
SUBSECTION 4.4.6(H), "SPECIAL REGULATIONS", TO
ADD ADDITIONAL WORKFORCE HOUSING OVERLAY
DISTRICTS; AMENDING SECTION 4.4.9 "GENERAL
COMMERCIAL (GC) DISTRICT", SUBSECTION 4.4.9(D)
CONDITIONAL USES AND STRUCTURES ALLOWED", BY
ENACTING SUBSECTION 4.4.9(D)(19) TO INCLUDE AN
INCENTIVE TO BUILD WORKFORCE HOUSING UNITS;
AMENDING ARTICLE 4.5, "OVERLAY AND
ENVIRONMENTAL MANAGEMENT DISTRICTS", BY
ENACTING SUBSECTION 4.5.12, "INFILL WORKFORCE
HOUSING AREA"; PROVIDING A GENERAL REPEALER
CLAUSE; A SAVINGS CLAUSE AND AN EFFECTIVE
DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning
Board reviewed the proposed text amendment at a public hearing held on February 27,
2006 and voted 7 to 0 to recommend that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and
Zoning Board, sitting as the Local Planning Agency, has determined that the change is
consistent with and furthers the goals, objectives and policies of the Comprehensive
Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the
findings in the Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the
ordinance is consistent with the Comprehensive Plan.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS:
Section 1. That Section 4.4.6 "Medium Density Residential (RM) District",
Subsection 4.4.6(0), "Conditional Uses and Structures Allowed" is hereby amended by
adding Subsection 4.4.6(D)(12) and (13) to read as follow:
(D) Conditional Uses and Structures Allowed: The following uses are allowed
as conditional uses within the RM District.
(1) Adult congregate living facilities and continuing care facilities.
(2) Residential Licensed Service Provider Facilities subject to
restrictions set forth in Section 4.3.3(D).
(3) Child care and adult day care.
(4) Private educational facilities subject to the restrictions set forth in
Section 4.3.3(HHH).
(5) Churches, or places of worship, and their attendant educational,
nursery, Sunday school, recreational, and columbarium facilities. The foregoing does
not allow establishment of educational and care uses such as elementary school and
general day care; however, such uses may be established by a separate conditional
use application for child care or rezoning to CF, as appropriate.
(6) Convalescent homes, homes for the aged, nursing homes, and rest
homes.
(7) The use of common recreational facilities such as swimming pools,
tennis courts, and golf courses (associated with a subdivision) for club or commercial
purposes.
(8) Single family detached residences in zero lot developments.
(9) Yacht club with facilities.
(10) Dock master facilities when associated with a multi-family
development which has a marina
(11) Private beach clubs with attendant recreational, dining, and related
accessory facilities within one of the following areas: (a) the area lying south of Atlantic
Dunes Park and east of State Road AlA, or (b) south of Casurina Road, north of Bucida
road, and east of State Road AlA.
2
ORD. NO. 17-06
(12) Multiple family residential development may exceed twelve (12)
units per acre, up to a maximum of ~ twenty-four (24) units per acre within the
Southwest Neighborhood Overlay District defined in Section 4.5.9, subject to the
provisions of Section 4.4.6(1), Article 4.7, and based upon the development's
conformance with the applicable standards and criteria described within the adopted
Southwest Area Neighborhood Redevelopment Plan.
(13) Multiple family residential development may exceed twelve (12)
units per acre, up to a maximum of twenty-four (24) units per acre within the Carver
Estates Overlay District as defined in Section 4.5.11 and up to a maximum of eiqhteen
(18) units per acre within the Infill Workforce Housinq Area. subiect to the provisions of
Section 4.4.6(1), and Article 4.7.
Section 2. That Section 4.4.6, "Medium Density Residential (RM) District",
Subsections 4.4.6(F) "Development Standards", 4.4.6(G) "Supplemental District
Regulations" and 4.4.6(H) "Special Regulations" shall be amended to read as follows:
(F) Development Standards:
(1) The provisions for the R-1-A District shall apply for single family
detached dwellings.
(2) The development standards as set forth in Section 4.3.4 shall apply
for duplex and multi-family development, except as modified herein.
(3) Southwest Neighborhood and, Carver Estates, Overlay District~
and Infill Workforce Housinq Area Development Standards:
The following development standards apply to duplex and multi-family
development in the Southwest Neighborhood Overlay District. Carver Estates Overlay
District, and the Infill Workforce Housinq Area 3& defined in Section 1.5.9, which is
being developed pursuant to regulations set forth in Article 4.7, "Family/Workforce
Housing" .
(a) Setbacks:
fI7ill
tH7f21
fHt7m
Front:
Side (Street):
Side (Interior): 1 and 2 story
3 story
15'
15'
10'
15'
3
ORD. NO. 17-06
tf\1 (!) Rear: 1 0'
(b) Setbacks for Garages, Carports and Porte-Cocheres: Garages,
carports and porte-cocheres must have a minimum 20' setback when
the entrance faces a public street or alley.
(c) Porch Encroachments: Front porches may extend 5' into the front or
side street setback and cannot occupy more than 50% of the building
frontage and cannot be enclosed in any manner.
(G) Supplemental District Regulations: In addition to the supplemental district
regulations set forth in Article 4.6, the following supplemental district regulations
shall apply in the RM zone district.
(1) Southwest Neighborhood. and Carver Estates Overlay Districts and
Infill Workforce Housinq Area: The following supplemental district regulations shall
apply to duplex and multi-family development in the Southwest Neighborhood
Overlay District as defined in Section 1.5.9, Carver Estates Overlay District and
the Infill Workforce Housinq Area, which is being developed pursuant to
regulations set forth in Article 4.7, "Family/Workforce Housing".
(a) Parking in the front yard is discouraged. No parking shall be allowed in
the front yard unless there is no dedicated access to the side or rear of
the property.
(b) When garages are provided in the side or rear yards, on-street parking
must be provided.
(H) Special Requlations:
(1) A minimum density of six units per acre is established for duplex and
multiple family housing projects within this district. Density may exceed the base of
six (6) units per acre only after the approving body makes a finding that the project
has substantially complied with performance standards as listed in 4.4.6(1). In no
event shall a development's total density exceed 12 units per acre, except within
the Southwest Neighborhood Overlay District. Carver Estates Overlay District,and
the Infill Workforce Housinq Area as allowed by Section 4.4.6(0)(12) and
4.4.6(D)(13). The density for a specific RM development may be further limited by
a numerical suffix affixed to the designation and shown on the zoning map (Le.
RM-8 limits the density to eight units per acre). To seek a density greater than
allowed by the suffix, it is necessary to rezone the property.
(2) Notwithstanding the above, a duplex may be situated upon a platted
lot pursuant to Section 4.3.4(I)(3)(b).
4
ORD. NO. 17-06
(3) Recreational areas shall be required for all new rental apartment
developments, and of owner occupied developments which have homeowner
associations that must care for retention areas, private streets, or common areas. New
developments must include recreational features that are designed to accommodate
activities for children and youth of all age ranges. Tot lots are appropriate for toddlers;
features such as a basketball court, volleyball court, and open playfields are
appropriate for older children. A pool and clubhouse, unless specifically designed for
children, is not considered to meet this requirement. Projects having fewer than
twenty-five (25) units may be exempted from this standard where it is determined by
the approving body that it is not practical or feasible to comply.
(4) The height of accessory structures shall not exceed the height of the
associated principal structure. Screen enclosures without a solid roof are excluded
from this limit.
(5) The floor area of an accessory structure shall not exceed 40% of the floor
area of the principal structure.
(6) Density Bonuses. Density bonuses may be granted to eligible properties
governed by regulations set forth in Chapter 4, "Zoning Regulations",
"Family/Workforce Housing" as discussed below:
(a) Southwest Neighborhood and Carver Estates Overlay Districts and
Infill Workforce Housinq Area: Density bonuses above 12 units per
acre may be granted as a Conditional Use to eligible properties within
the Southwest Neighborhood and Carver Estates Overlay District~
defined in Section 4.5.9 and 4.5.11. respectively. and within the Infill
Workforce Housinq Area, Section 4.5.12. subject to the regulations set
forth in Chapter 4, "Zoning Regulations", and Article 4.7,
"Family/Workforce Housing".
(b) S.W. 10th Street 3nd C3rvor Estates Overlay Districts: Within the S.W.
10th Street and C3rver Est3tos Overlay District defined in Section
4.5.10 3nd 1.5.11, in addition to the performance standards listed in
Section 4.4.6(1), increases to a project's density beyond six (6) units
per acre is subject to the regulations set forth in Chapter 4, "Zoning
Regulations", and Article 4.7, "Family/Workforce Housing".
Section 3. That Section 4.4.9, "General Commercial (GC) District", Subsection
4.4.9(D), "Conditional Uses and Structures Allowed" is hereby amended by adding
Subsection 4.4.9(D)(19) to read as follows:
5
ORD. NO. 17-06
(D) Conditional Uses and Structures Allowed: The following are allowed as
conditional uses within the GC District, except as modified in the North Federal Highway
Overlay District by Section 4.4.9(G)(1).
(1) Residential Licensed Service Provider Facilities subject to
restrictions set forth in Section 4.3.3(0).
(2) Amusement game facilities.
(3) Wash establishments or facilities for vehicles.
(4) Child Care and Adult Day Care.
(5) Clubs and Lodges; social, fraternal, and recreational not exceeding
3,500 sq. ft. of gross floor area.
(6) Drive-in Theaters.
(7) Flea Markets, bazaars, merchandise marts, and similar retail uses.
(8) Funeral Homes.
(9) Gasoline Stations or the dispensing of gasoline directly into
vehicles.
(10) Hotels and Motels.
(11) Free-standing multiple-family housing subject to the requirements
of the RM District except for setback and height requirements which shall be pursuant to
this Section.
(12) Recreational establishments such as bowling alleys, gymnasiums,
health spas, miniature golf courses, skating rinks.
(13) Sales and service of All Terrain Vehicles and personal watercraft
(waverunners, jet skis), with no outside display, outside storage or outside service.
(14) Vehicle care limited to the changing of oil and filters, and lubrication
with no mechanical work or outside storage of vehicles except as a part of a gasoline
station.
(15) Veterinary Clinics.
6
ORD. NO. 17-06
(16) Group Home, Type 2 and Community Residential Homes, pursuant
to restrictions set forth in Section 4.3.3(1).
(17) Adult Gaming Centers.
(18) Churches or places of worship, and their attendant Sunday school,
recreational and columbarium facilities not exceeding 3,500 square feet of gross floor
area. The foregoing does not allow establishment of educational and care uses such as
elementary school and general day care.
(19) Multiple family residential development may exceed twelve (12)
units per acre. UP to a maximum of eiqhteen (18) units per acre within the Infill
Workforce Housinq Area. subiect to the provisions of Section 4.4.6(1), and Article 4.7,
and subiect to the requirements of the RM District except for setback and heiqht
requirements, which shall be pursuant to this Section.
Section 4. That Section 4.5.12, Infill Workforce Housing Area is hereby
enacted, and 4.5.12 is hereby renumbered to read as follows:
Section 4.5.12 The Infill Workforce Housinq Area
(A) Defined: The Infill Workforce Housinq Area is located west of the
Intracoastal Waterway and east of 1-95 as shown on the map in Section 4.7.1(1) of the
Land Development Requlations.
Section 4.5.~~ North Beach/Seagate and Ocean Neighborhood
Overlay Districts:
(A) General: With the adoption of the City's Comprehensive Plan
Amendment 99-01, Housing Element Policy A-12.4 was modified to state the City will
provide planning and technical assistance to implement neighborhood-supported
initiatives aimed at preserving the character of existing residential areas. Such
assistance may involve the formulation of regulations that would limit the size and scale
of new homes to be consistent with existing structures within a defined neighborhood,
and analysis of the housing inventory to determine if the area qualifies for designation
as a historic district, and similar measures. In accordance with this policy, a Design
Manual was prepared for the single family zoned properties, east of the Intracoastal
Waterway, and was adopted by the City Commission on January 4, 2005. This section
is created to adopt and implement the provision of the North Beach and Seagate
Neighborhoods Design Manual. All development within the North Beach/Seagate and
7
ORD. NO. 17-06
Ocean District Neighborhood Overlay District, as defined in Section (B) below, shall
take place according to the provisions of the manual adopted herein and included as an
exhibit hereto.
(B) Defined:
(1) North Beach/Seagate Neighborhood Overlay District: The
North Beach/Seagate Neighborhood Overlay District is hereby established as the area
zoned Single Family Residential (R-1), located north of East Atlantic Avenue, south of
George Bush Boulevard, east of the Intracoastal Waterway and west of North Ocean
Boulevard (State Road A-1-A) together with the entire Seagate Neighborhood generally
located south of Bucida Road, north of Lewis Cove, between the Intracoastal Waterway
and south Ocean Boulevard (State Road A-1-A), less Lots 35 through 45, Block 5, of
the plat of Seagate Extension. The regulations established in Section 4.4.3(E)(4),
4.4.3(F)(1) and 4.4.3(G)(1) shall apply to all parcels within the Overlay District.
(2) Ocean Neighborhood Overlay District: The Ocean Neighborhood Overlay
District is hereby established as the area located east of Ocean Boulevard (State Road
A-1-A), zoned Single Family Residential (R-1). The regulations established in Sections
4.4.3(E)(4), 4.4.3(F)(1) and 4.4.3(G)(1) shall apply to all parcels within the Overlay
District.
Section 4. 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 5. That all ordinances or parts of ordinances in conflict herewith be,
and the same are hereby repealed.
Section 6. That this ordinance shall become effective upon its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading
on this the day of , 2006.
ATTEST:
City Clerk
First Reading
MAYOR
Second Reading
8
ORD. NO. 17-06
Revised 3/14/06
ORDINANCE NO. 18-06
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES, BY AMENDING ARTICLE 4.7,
"FAMIL Y/wORKFORCE HOUSING", PROVIDING FOR
REGULATIONS AND INCENTIVES TO BUILD
WORKFORCE HOUSING AND ENSURING THAT THE
CITY HAS SUFFICIENT FAMIL Y/wORKFORCE HOUSING;
CREATING AN ADDITIONAL DISTRICT ENTITLED "INFILL
WORKFORCE HOUSING AREA"; PROVIDING A
REQUIREMENT FOR THE PROVISION OF WORKFORCE
HOUSING WHERE INCREASED HEIGHT AND/OR
DENSITY IS REQUESTED AND ALLOWED; PROVIDING A
SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
WHEREAS, Family/Workforce housing affordable to citizens of Delray Beach is
needed in the City; and
WHEREAS, the Community Redevelopment Agency conducted a study entitled
"Exploring a Community Land Trust for Delray Beach", dated July 19, 2004 which
studied the need to preserve lands for workforce housing; and
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board
reviewed the proposed text amendment at a public hearing held on February 27, 2006
and voted 7 to 0 to recommend that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning
Board, sitting as the Local Planning Agency, has determined that the change is
consistent with and furthers the goals, objectives and policies of the Comprehensive
Plan; and
WHEREAS, The City Commission of the City of Delray Beach, Florida, adopts
the findings in the Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance
is consistent with the Comprehensive Plan.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS:
Section 1. The recitations set forth above are incorporated herein.
Section 2. That Article 4.7, "Family/Workforce Housing", of the Land
Development Regulations of the Code of Ordinances of the City of Delray Beach,
Florida, be, and the same is hereby amended to read as follows:
SECTION 4.7 FINDINGS
(A) The City Commission has determined that there is a severe
housing shortage in the City of Delray Beach that is affordable to the everyday
working families and citizens of the City; and
(B) Florida Statutes ~ 166.04151 provides that a municipality may
adopt and maintain any ordinance that is adopted for the purpose of increasing
the supply of affordable housing using land use mechanisms such as
inclusionary housing ordinances not withstanding any other provision of law; and
(C) The City Commission recognizes that there is a growing gap
between housing costs and wages in the City; and
(D) The City of Delray Beach has a legitimate public interest in
preserving the character and quality of neighborhoods which requires assuring
the availability of workforce housing for moderate and lower income persons in
the City; and
(E) The City recognizes that the need to provide workforce housing is
critical to maintaining a diversified and sustainable City having the character and
sense of a community where people can live and work in the same area; and
(F) The City is encouraging the production and availability of workforce
housing and at the same time is cognizant that escalating land costs and rapidly
diminishing amounts of land hinder the provision of sufficient workforce dwelling
units by the private sector; and
(G) The City Commission has adopted the Southwest Area
Neighborhood Redevelopment Plan and Comprehensive Plan changes
recognizing the need to redevelop the Southwest Neighborhood in a manner that
preserves the neighborhood and provides workforce housing.
2
ORD. NO. 18-06
(H) The City Commission desires to establish an additional workforce
housinq overlay district known as the Infill Workforce HousinQ Area for certain
properties located west of the Intracoastal and east of 1-95. outside of the coastal
hiQh hazard area and as depicted on the map attached and made a part of Article
4.7.
(I) The City Commission also desires to establish additional incentives
to encouraQe additional Family/Workforce HousinQ.
SECTION 4.7.1 DEFINITIONS
a. Adjusted Median Income (A.M.I.) - The Palm Beach County
median income, based on a family of four, as published by Florida
Housing Finance Agency.
b. Affordability Controls - Restrictions placed on dwelling units by
which the price of such units and/or the income of the purchasor or
lessee will be restricted in order to ensure that the units remain
affordable to very low, low, or moderate income households.
3
ORD. NO. 18-06
C. Carver Estates Overlay District - The area shown on the map below.
- - ~>-s.w. 41H ST. - I\I~I.I II
- I DELRA Y - I
- FULL SERVICE
- S.W. 4TH ST.
- .-- CEN TER
- . ~ ~ ~
l>:
_l>: <( '--
-~ <(
AUBURN CIRCLE NORTH
- [JD -
iE I- "-
-iE iE Vl
-~ ~ :! ~
w HAmAN
- ...J
U
- l>: CA THOLlC
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4
ORD. NO. 18-06
d. City - The City of Delray Beach, Florida.
e. Community Dc\'elopment Block Grant (CDBG) Target Area
The 3m3 shown in the m3p below.
fg. CRA - The Delray Beach Community Redevelopment Agency.
91. Density Bonus Program - The Density Bonus program is an
incentive program intended to encourage developers to build
affordable owner-occupied and rental housing within Dolr3Y
Be3ch's Community Development Block Gr::mt (CDBG) target area
the City of Delray Beach. The concept is that for every workforce
housing unit that a developer builds, a calculated number of market
rate units greater than would be allowed otherwise may be built.
Ag. Density Bonus Unit - An additional dwelling unit added above the
base number of units authorized once performance standards have
been applied and the density has been computed under existing
codes.
ih. Development - A housing development at one location including
dwelling units for which approvals have been granted.
ii. Eligible Occupant - A person who qualifies for participation in the
program. Priority will be given to persons who have lived or worked
within the City limits of Delray Beach continually for one year
immediately prior to the date of application for a workforce housing
unit related to the Density Bonus Program and who qualify for
participation in the program.
k1. First Time Home Buyer - A person who has not held ownership in
a residence within the past three years.
Ik. Household - A single person living alone, or two or more persons
sharing residency, with a combined income available to cover
household expenses.
ml. Infill Workforce Housina Area - The area located west of the
Intracoastal Waterway and East of 1-95. outside of the coastal hiQh
hazard area. as depicted on the maps below:
5
ORD. NO. 18-06
~
Infill Workforce Housng Area
- - - - - crrvU.tTS - ---- -
_ 18 Units Per Acre
Z,j Coastal High Hazard Area
CITY OF DELRA Y BEACH, PL
PLANNING &. ZONING DEPARTMENT
No~ 200S
Mal> Re': LM4194B
. - DIGiTAl. SASE ~p SYSl'fM..
6
ORD. NO. 18-06
~
Infill Workforce Housing Area
- - - - -CITYUMITS -- - --
_ 18 Units Per Acre
:~;;ill Coastal High Hazard Area
C/TYOF OELRAYBEACH, FL
PLANNfNG & ZON~VG DEPARTMENT
NoVflmber 2005
Map Ref: OM 1948
. .DIG!TAL BASE IMP SYSTEU..
7
ORD. NO. 18-06
n::
ci
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cj
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Infill Workforce Housing Area
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- _. - - . CTytl"HS - - - - -
_ 18 Units Per Acre
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CITY OF DE'~RAY BEACH, R.
PtANN/NG,& ZONfNG DEPARTMENT
t~mbe. 2005
Map Ref:UM1948
H DlGlTAL BASE IJAPSYSrEf,f..
m. Low Income Household - A household with a gross,
combined income between 61 % and 80% of the Palm Beach
County Adjusted Median Income (as defined by the Florida Housing
Finance Authority).
8
ORD. NO. 18-06
en. Moderate Income Household - A household with a gross,
combined income between 81% and 120% of the Palm Beach
County Adjusted Median Income (as defined by the Florida Housing
Finance Authority).
RO. Other Workforce Housina - Workforce HousinQ is required in
areas covered by Land Development ReQulations Section
4.4.13(1), where the density is increased: and by Section 4.3.4
(J)(4)(b), where a fifth floor is added to the buildinQ.
9-:-..Q:. Southwest Neighborhood Overlay District - The area zoned RM
between Interstate 95 and N.W. 1st Avenue, and Atlantic Avenue to
S.W. 2nd Street as shown in the map below.
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9
ORD. NO. 18-06
Southwest 10th Street Overlay District - The area at the
Southwest corner of Swinton Avenue and 10th Street as shown in
the map below.
sw 10TH
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10
ORD. NO. 18-06
{t--L. Very Low Income Household - A household with a gross,
combined income not exceeding 60% of the Palm Beach County
Adjusted Median Income (as defined by the Florida Housing
Finance Authority).
f.;.s. Workforce Housing Unit - A dwelling unit for which the rent or
mortgage payment (including principal, interest, taxes and
Insurance P.I.T.I.) does not exceed 35% of the gross income of
households that classify as very low, low, or moderate income
households and meets the other requirements of the
Family/Workforce Housing Program.
SECTION 4.7.2 APPLICABILITY
Except as otherwise provided in this ordinance, these regulations shall
apply only to development applications consistent with the following
conditions:
a. Subiect to restrictions contained in this Article, GQevelopment must
be located within the established Southwest Neiqhborhood Delray
Beach Overlay District, the South\\'est 10th Street Overlay District,
9f the Carver Estates Overlay District. or the Infill Workforce
Housinq Area to qualify for participation in the Density Bonus
Program set forth in this Article 4.7.
b. Subiect to the restrictions of this Article. developments constructed
pursuant to Section 4.3.4(J)(4)(b)ii(1) must provide workforce
housinQ to Qualify for an increase in heiqht.
c. Subiect to the restrictions of this Article, developments constructed
pursuant to 4.4.13(1) must provide workforce housinq to Qualify for
increased densitv.
~ d. In order to qualify for a density bonus, a project must consist of at
least five new or substantially rehabilitated dwelling units. The
HUD definition shall be used to determine whether there has been
substantial rehabilitation. In addition. the units must contain desiqn
features. such as. but not limited to. front porches, eyebrows.
outriqqers. qables, dormers. arbors, trellises, shutters, balconies.
decorative vents, sidinq, textured stucco finishes, undulatinq
facades and other such appropriate architectural features.
11
ORD. NO. 18-06
(T. e. The developer or responsible party must provide relocation
assistance at a minimum of $2,500.00 per each household to very
low and low income residents that 8f8 is displaced as a result of the
proposed project.
S-: i I n the Southwest 10th Street Overlay District and in the Carver
Estates O'.'erlay District, at least twenty percent of all residential
units must be workforce housing units-;- that are affordable to very
low, or low. or moderate income families.
q. The Carver Estates Overlav District. the Southwest Neiqhborhood
Overlav District. and the Infill Workforce Housinq Area shall contain
units that are affordable to very low, or low, or moderate income
families.
h. Developments which must provide workforce housinq pursuant to
Section 4.3.4(J)(4)(b)ii(1) or Section 4.4.13(1) shall contain units
that are affordable to low or moderate income families.
SECTION 4.7.3 PROVISION OF WORKFORCE HOUSING UNITS
Developers will be awarded density bonus units (additional market rate
units), beyond the base number allowed per existing zoning ordinance
after performance standards have been met as an incentive to provide
affordable housing unit, subject to the limits and requirements of this
chapter.
a. Developers may earn bonus units by building housing for very low,
low or moderate income families within the designated boundaries
of the Overlay Districts and Infill Workforce Housinq Area described
in this article.
b. All development shall meet the requirements for units as specified
in this chapter and meet all required Land Development
Regulations.
c. Workforce units shall include those units in a development, which
are regulated in terms of:
i. Sales price or rent levels; and
ii. Marketing and initial occupancy; and
12
ORD. NO. 18-06
iii. Continued requirements pertaining to resale or rent
increases.
SECTION 4.7.4 DENSITY BONUS PROGRAM FOR THE SOUTHWEST
NEIGHBORHOOD OVERLAY DISTRICT: THE CARVER
ESTATES OVERLAY DISTRICT AND THE INFILL
WORKFORCE HOUSING AREA
Developers of property in the Southwest Neighborhood Overlay District. the
Carver Estates Overlay District and the Infill Workforce Housino Area, that meet
the minimum standards will earn bonus units for building workforce housing for
very low, low and moderate income families.
a. The size of the bonus varies based on several factors including:
i. Affordability (i.e., homes affordable to very low, low, or
moderate income families)
ii. Home Size (i.e., workforce housing units with four or more
bedrooms are awarded larger bonuses)
iii. Ownership versus Rental (i.e., larger bonuses are awarded
for workforce housing units offered for sale to low and
very-low income families and larger bonuses are awarded
for ownership versus rental units.)
b. To be eligible for bonus units, developers must meet one or more of
the following criteria:
i. A designated number of the total units are restricted to very
low income households, and/or
ii. A designated number of the total units are restricted to low
income households, and/or
iii. A designated number of the units are restricted to moderate
income households
c. Workforce housing units may be located off-site provided the off-
site location chosen is within the Delray B03ch CDBG t3rget 3rea
City of Delray Beach.
13
ORD. NO. 18-06
d. The bonus allowances are set forth in Table 1 below.
TABLE 1 DENSITY BONUS ALLOCATIONS IN THE
SOUTHWEST NEIGHBORHOOD OVERLAY DISTRICT. THE INFILL
WORKFORCE HOUSING AREA AND THE CARVER ESTATES
OVERLAY DISTRICT
OPTION
SALE
NUMBER OF BONUS UNITS PER
WORKFORCE UNIT PROVIDED
4
3
2
VERY LOW 60%
LOW 80% - 61 %
MODERATE 120% - 81 %
OPTION
RENT
NUMBER OF BONUS UNITS PER
WORKFORCE UNIT PROVIDED
3
2
1
VERY LOW 60%
LOW 80% - 61 %
MODERATE 120% - 81 %
LARGE HOME OPTION
4+ bedroom workforce housing
units
Additional 0.5 bonus will be added to the
bonus provided above in this chart
e. Instead of or in addition to providing workforce housing units,
developers may also accrue bonus units by contributing to a
housing trust fund the Delray Beach Community Land Trust that will
be utilized to subsidize workforce housing in the CDBG t~rgot ~ro~
City of Delray Beach. Developers may earn one bonus unit for each
payment of a sum equal to $60,000, payable to the
F~mily/VlJorkforce Housing Delray Beach Community Land Trust.
f. Also, instead of or in addition to providing workforce housing units,
developers shall earn bonus units by donating land (buildable lots)
in the CDBG area of in the City Delray Beach to be used for
workforce housing. The appraised value of donated land will be
valued in accordance with subsection e. above and may be
prorated. The appraisal shall be obtained by developer at
developer's cost.
14
ORD. NO. 18-06
g. The maximum total density of a development in the Southwest
NeiQhborhood Overlay District and the Carver Estates Overlay
District shall not exceed 24 units per acre. The maximum total
density of a development in the Infill Workforce HousinQ Area shall
not exceed 18 units per acre. All other Workforce HousinQ Area
densities shall be limited to the maximum allowed in the zoninQ
district and as set forth elsewhere in the Land Development
ReQulations.
SECTION 4.7.5 DENSITY BONUS PROGRAM FOR THE SOUTHWEST 10th
STREET OVERLAY DISTRICT AND THE CARVER ESTATES
OVERL1\ Y DISTRICT
Developers of property in the Southwest 10th Street Overlay District and the
Carver Estates Overlay District shall develop the properties to afford a minimum
of twenty percent of the residential units as workforce housing units.
a. The twenty percent that are developed as workforce housing units
must contain units that are affordable to very low, low or moderate
income families.
b. In the Southwest 10th Street and Carver Estates Overlay Districts,
the maximum density allowed is the maximum zoning density
allowed in the zoning district. To obtain the maximum density
allowed in the zoning district, not only must a minimum of twenty
percent of the residential units be developed as workforce housing,
but all the performance standards that allow increased density shall
also be substantially met.
c. Workforce housing units may be located off-site provided the
location chosen is within the CDSG 3ma of the City of Delray
Beach.
d. All sections of Chaptor Article 4.7 apply to the Southwest 10th
Street 3nd Carver Estatos Overlay Districts... except for Sections
4.7.4,4.7.11 and 4.7.12.
15
ORD. NO. 18-06
SECTION 4.7.6 RENTAL HOUSING UNITS
a. A covenant shall be recorded in the Public Records specifying the
income level served, rent levels, reporting requirements and all
restrictions applicable to the workforce housing units. All leases
shall contain language incorporating covenants applicable to the
workforce housing unit and reference recorded covenants.
b. Units targeted to very low income households under the 60%
affordability level of the Palm Beach County median income,
adjusted for family size, shall not have rental rates that exceed
100% of the HUD determined fair market rent for the area.
c. Units targeted to low income households at 61 % to the 80%
affordability level of the Palm Beach County median income,
adjusted for family size shall not have rental rates that exceed
120% of the HUD determined fair market rent for the area.
d. Units targeted to moderate income households at 81 % to the 120%
affordability level of the Palm Beach County median income,
adjusted for family size, shall not exceed 140% of the HUD
determined fair market value.
e. No workforce house units shall be offered for rent to the general
public until all requirements of this section are met.
t All Restrictive Covenants shall meet the requirements of this Article
and are subiect to approval of the City Attorney,
SECTION 4.7.7 FOR SALE HOUSING UNITS
a. All deeds shall include the restrictive covenants applicable to
workforce housing units. All sales contracts shall state that the unit
is part of a workforce housing program and subject to Section 4.7 of
the Land Development Regulations of the City.
b. All purchasers of workforce housing units shall be very low, or low
or moderate income households; provided, however, in exceptional
circumstances when persons in households above the moderate
income level are displaced due to redevelopment or catastrophic
events, the persons so affected shall also be eligible for workforce
housing. Under these circumstances, the Density Bonus Allocations
under Section 4.74 shall be for moderate income households.
16
ORD. NO. 18-06
c. Owners of workforce housing units shall be required to occupy the
unit unless evidence is presented indicating that the owner is
unable to continuously occupy the unit due to illness or incapacity.
d. Closing costs and title insurance shall be paid pursuant to the
custom and practice in Palm Beach County at the time of opening
of escrow. No charges or fees shall be imposed by the seller on the
purchaser of a workforce housing unit which are in addition to or
more than charges imposed upon purchasers of market rate units,
except for administrative fees charged by the City/CRA, or their
designee.
e. Sales prices for workforce housing units will be calculated on the
basis of:
i. The sales price of a new structure for low and very low
households may not exceed the maximum price established
by the Community Improvement Department under the
approved Local Housing Assistance Plan (LHAP).
ii. For moderate income households, the maximum price shall
be established by the Community Improvement Department
based on a formula that considers the prevailing mortgage
interest rates, as approved by the City Commission by
resolution.
f. No workforce housing units shall be offered for sale to the general
public until all requirements of this chapter are met.
9:. All Restrictive Covenants shall meet the requirements of this Article
and are subiect to approval of the City Attorney.
4.7.8 RESALE AND SUBSEQUENT RENTALS OF AFFORDABLE UNITS
To maintain the availability of workforce housing units which may be constructed
pursuant to the requirements of this program, the following resale conditions shall
be imposed on the workforce housing units and included in the deed or restrictive
covenant and recorded in the Public Records of Palm Beach County:
a. All workforce housing units shall remain affordable for a period of
no less than tmfty forty fJQj (40) years commencing from the date
17
ORD. NO. 18-06
of initial occupancy of the unit:-, subiect to the limits set forth in this
section and Section 4.7.9.
b. All workforce housing units must be rented or sold to eligible
households. There shall be no provisions for releases from the sale
or rental of workforce units to eligible households. Workforce
housing units may be resold to non-eligible households only when
the restriction expires.
c. Deed restrictions or restrictive covenants and/or bylaws designed to
ensure continued affordability shall be embodied in legally binding
agreements meetinq the requirements of this Article, which shall be
approved by the City Attorney prior to recording.
d. Workforce housing unit resales shall be limited to households of the
same category relative to income.
e. The sales price of workforce housing units may not exceed the
upper limit of affordability for the income category to which the unit
was originally assigned.
f. Transfers of title under the following circumstances shall be
allowed, and are not subject to the restrictions included in this
program:
i. Transfers by inheritance to the purchaser-owner's spouse or
offspring, or;
ii. Transfers of title to a spouse as part of a divorce dissolution
proceeding, or;
iii. Acquisition of title or interest therein in conjunction with
marriage.
g. No resales of workforce housing units shall be completed until the
requirements of this chapter are met.
4.7.9 GENERAL PROVISIONS
a. If not located offsite, all workforce housing units constructed or
rehabilitated under this program shall be situated within the
development so as not to be in less desirable locations than
market-rate units in the development and shall, on average, be no
18 ORD. NO. 18-06
less accessible to public amenities, such as open space, as the
market-rate units.
b. Workforce housing units, if located within a market rate unit
development or located offsite, shall be integrated with the rest of
the development and shall be compatible in exterior design,
appearance, construction, and quality of materials and contain
comparable HV AC systems and appliances with market rate units
and provide them as standard features. All workforce housinQ units
shall contain comparable square footaqe to the correspondinq
market-rate unit.
c. The developer shall endeavor to provide workforce housing units
that include unit types in the same proportion as the market rate
housing unit types. The following conditions must be met:
i. The proportion of 2 bedroom workforce units to total
workforce units may not exceed the proportion of 2 bedroom
market rate units to total market rate units.
ii. The proportion of 3 bedroom workforce units to total
workforce units must meet or exceed the proportion of 3
bedroom market rate units to total market rate units, unless
4+ bedroom workforce units are provided.
iii. The proportion of 4+ bedroom workforce units to total
workforce units must meet or exceed the proportion of 4+
bedroom market rate units to total market rate units.
iv. If the development contains a mix of different types of units,
(e.g. condominium, townhouse, detached, etc), the
proportion of workforce units of each type to total workforce
units must be approximately the same as the proportion of
market rate units of each type to total market rate units.
v. If the development includes both for sale and for rent units,
the proportion of for rent workforce units to for sale
workforce units must not exceed the proportion of for rent
market rate units to for sale market rate units.
vi. Notwithstanding Section 4.7.9 c. i., ii, iii, and iv. above, in the
Southwest 10th Street Overlay District at least 75% of the
workforce housing units shall be 3 bedroom units offered for
initial sale in an amount not to exceed $225,000.00 and 25%
19 ORD. NO. 18-06
of the workforce housing units may be 2 bedroom units
offered at the low income affordability rate.
d. The construction schedule for workforce housing units shall be
consistent with or precede the construction of market rate units.
e. There shall be no lot premiums charged on the workforce housing
units.
f. All fractional bonus densities shall be rounded down.
g. The City of Delray Beach, its successors and assigns may enforce
the covenants. No amendments to the covenants shall be made
unless by written instrument approved by the City.
h. No one bedroom units shall be allowed under the family/workforce
housing program.
i. Workforce HousinQ Units constructed accordinQ to this policy shall
be protected for subsequent resale or rental to Workforce
Households whose income does not exceed the applicable AMI by
deed restrictions or by other equivalent and effective methods.
Conversions of rental units to owner occupied units or vice versa
shall require the subsequent rental or sale to be for the same
workforce housinQ income cateQorv.
j Workforce HousinQ Units constructed accordinQ to this policy shall
only be rented or sold as a primary residence.
.!s. A deed restriction on a form acceptable to the City Attorney shall be
recorded in the Public Records of Palm Beach County. In addition
to other restrictions therein contained, said deed restriction shall
prohibit any sublettinQ or assiQnment of the respective Workforce
HousinQ Unit to a tenant(s) or purchaser(s) whose income exceeds
the percent of the AMI under which the unit is oriqinally approved.
For the purpose of this section, household income is determined by
the cumulative income of all tenants or purchasers under one roof.
In addition. said deed restriction shall limit the maximum permitted
resale price to the initial sale price of the Workforce HousinQ Units.
increased at the same rate as the Palm Beach County median
income has increased from the initial date of purchase. Prior to the
closinq on any sale. resale or prior to any rental of any workforce
housinQ unit. the City shall be notified of the sale. resale or rental.
20 ORD. NO. 18-06
h For both sale and rental of Workforce Housinq Units, affordability
and occupancy restrictions shall remain in effect for 40 years and
shall apply to any replacement structure or structures constructed if
a structure containinq a Workforce Housinq Unit or Units is
demolished or destroyed, provided that if demolition or destruction
of a structure containinq Workforce Housinq Units occurs 35 years
after recordinq of the restrictions and said demolition or destruction
was unintentional. restrictions on the units in the structure shall
terminate on demolition or destruction.
m. Nothinq requires a workforce household to vacate a rental
workforce housinq unit or sell a workforce housinq unit if the
tenant(s) or purchaser (s) income later exceeds AMI.
4.7.10 REVIEW AND APPROVAL PROCESS
a. Final Approval Conditions: Final conditions of approval shall
specify that the restricted units are priced and/or rented at
workforce housing levels and shall state that those units shall be
rented and/or sold to the eligible income group in accordance with
this article. The conditions will also specify the requirements for
reporting to the City's Community Improvement Department on
buyer eligibility, housing prices, as well as any applicable
requirement to record a covenant or to enforce resale restrictions.
4.7.11 DENSITY BONUS TABLES
a. The Density Bonus Tables shown below apply to the Southwest
Neighborhood Overby District only and are provided to illustrate
bonus densities under various parcel sizes, unit types and income
eligibility; however, the density bonus allocations contained in Table
1 shall control densities in the Southwest Neighborhood Overlay
District.,. . the Infill Workforce Housinq Area. and the Carver Estates
Overlay District.
21
ORD. NO. 18-06
Workforce Housing Program Density Bonus Allocations
Owner Occupied - 2-3 Bedroom Units
Very-Low Income
(4 units oer 1 affordable bonus)
Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total %
(acres) Base Density with Bonus Rate Units Units Units Units Affordable
0.5 6 12 5 1 4 10 10.0%
1 12 24 9 3 12 24 12.5%
1.5 18 36 14 4 16 34 11.8%
2 24 48 18 6 24 48 12.5%
2.5 30 60 23 7 28 58 12.1%
3 36 72 27 9 36 72 12.5%
3.5 42 84 32 10 40 82 12.2%
4 48 96 36 12 48 96 12.5%
Low Income
(3 units oer 1 affordable bonus)
Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total %
(acres) Base Density with Bonus Rate Units Units Units Units Affordable
0.5 6 12 4 2 6 12 16.7%
1 12 24 8 4 12 24 16.7%
1.5 18 36 12 6 18 36 16.7%
2 24 48 16 8 24 48 16.7%
2.5 30 60 20 10 30 60 16.7%
3 36 72 24 12 36 72 16.7%
3.5 42 84 28 14 42 84 16.7%
4 48 96 32 16 48 96 16.7%
Moderate Income
(2 units oer 1 affordable bonus)
Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total %
(acres) Base Density with Bonus Rate Units Units Units Units Affordable
0.5 6 12 3 3 6 12 25.0%
1 12 24 6 6 12 24 25.0%
1.5 18 36 9 9 18 36 25.0%
2 24 48 12 12 24 48 25.0%
2.5 30 60 15 15 30 60 25.0%
3 36 72 18 18 36 72 25.0%
3.5 42 84 21 21 42 84 25.0%
4 48 96 24 24 48 96 25.0%
22
ORD. NO. 18-06
Workforce Housing Program Density Bonus Allocations
Owner Occupied - 4+ Bedroom Units
Very-Low Income
(4.5 units per 1 affordable bonus)
Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total %
(acres) Base Density with Bonus Rate Units Units Units Units Affordable
0.5 6 12 5 1 4 10 10.0%
1 12 24 10 2 9 21 9.5%
1.5 18 36 14 4 18 36 11.1%
2 24 48 19 5 22 46 10.9%
2.5 30 60 24 6 27 57 10.5%
3 36 72 28 8 36 72 11.1%
3.5 42 84 33 9 40 82 11.0%
4 48 96 38 10 45 93 10.8%
Low Income
(3.5 units per 1 affordable bonus)
Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total %
(acres) Base Densitv with Bonus Rate Units Units Units Units Affordable
0.5 6 12 5 1 3 9 11.1%
1 12 24 9 3 10 22 13.6%
1.5 18 36 13 5 17 35 14.3%
2 24 48 17 7 24 48 14.6%
2.5 30 60 22 8 28 58 13.8%
3 36 72 26 10 35 71 14.1%
3.5 42 84 30 12 42 84 14.3%
4 48 96 35 13 45 93 14.0%
Moderate Income
(2.5 units per 1 affordable bonus)
Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total %
(acres) Base Density with Bonus Rate Units Units Units Units Affordable
0.5 6 12 4 2 5 11 18.2%
1 12 24 7 5 12 24 20.8%
1.5 18 36 11 7 17 35 20.0%
2 24 48 15 9 22 46 19.6%
2.5 30 60 18 12 30 60 20.0%
3 36 72 22 14 35 71 19.7%
3.5 42 84 25 17 42 84 20.2%
4 48 96 29 19 47 95 20.0%
23
ORD. NO. 18-06
Workforce Housing Program Density Bonus Allocations
Rental - 2-3 Bedroom Units
Very-Low Income
(3 units oer 1 affordable bonus)
Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total %
(acres) Base Density with Bonus Rate Units Units Units Units Affordable
0.5 6 12 4 2 6 12 16.7%
1 12 24 8 4 12 24 16.7%
1.5 18 36 12 6 18 36 16.7%
2 24 48 16 8 24 48 16.7%
2.5 30 60 20 10 30 60 16.7%
3 36 72 24 12 36 72 16.7%
3.5 42 84 28 14 42 84 16.7%
4 48 96 32 16 48 96 16.7%
Low Income
(2 units oer 1 affordable bonus)
Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total %
(acres) Base Densitv with Bon us Rate Units Units Units Units Affordable
0.5 6 12 3 3 6 12 25.0%
1 12 24 6 6 12 24 25.0%
1.5 18 36 9 9 18 36 25.0%
2 24 48 12 12 24 48 25.0%
2.5 30 60 15 15 30 60 25.0%
3 36 72 18 18 36 72 25.0%
3.5 42 84 21 21 42 84 25.0%
4 48 96 24 24 48 96 25.0%
Moderate Income
(1 unit oer 1 affordable bonus)
Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total %
(acres) Base Density with Bon us Rate Units Units Units Units Affordable
0.5 6 12 0 6 6 12 25.0%
1 12 24 0 12 12 24 25.0%
1.5 18 36 0 18 18 36 25.0%
2 24 48 0 24 24 48 25.0%
2.5 30 60 0 30 30 60 25.0%
3 36 72 0 36 36 72 25.0%
3.5 42 84 0 42 42 84 25.0%
4 48 96 0 48 48 96 25.0%
24
ORD. NO. 18-06
Workforce Housing Program Density Bonus Allocations
Rental- 4+ Bedroom Units
Very-Low Income
(3.5 units per 1 affordable bonus)
Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total %
(acres) Base Densitv with Bonus Rate Units Units Units Units Affordable
0.5 6 12 5 1 3 9 11.1%
1 12 24 9 3 10 22 13.6%
1.5 18 36 13 5 17 35 14.3%
2 24 48 17 7 24 48 14.6%
2.5 30 60 22 8 28 58 13.8%
3 36 72 26 10 35 71 14.1%
3.5 42 84 30 12 42 84 14.3%
4 48 96 35 13 45 93 14.0%
Low Income
(2.5 units per 1 affordable bonus)
Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total %
(acres) Base Densitv with Bonus Rate Units Units Units Units Affordable
0.5 6 12 4 2 5 11 18.2%
1 12 24 7 5 12 24 20.8%
1.5 18 36 11 7 17 35 20.0%
2 24 48 15 9 22 46 19.6%
2.5 30 60 18 12 30 60 20.0%
3 36 72 22 14 35 71 19.7%
3.5 42 84 25 17 42 84 20.2%
4 48 96 29 19 47 95 20.0%
Moderate Income
(1.5 units per 1 affordable bonus)
Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total %
(acres) Base Densitv with Bonus Rate Units Units Units Units Affordable
0.5 6 12 2 4 6 12 33.3%
1 12 24 4 8 12 24 33.3%
1.5 18 36 6 12 18 36 33.3%
2 24 48 8 16 24 48 33.3%
2.5 30 60 10 20 30 60 33.3%
3 36 72 11 25 37 73 34.2%
3.5 42 84 14 28 42 84 33.3%
4 48 96 16 32 48 96 33.3%
25
ORD. NO. 18-06
4.7.12 OTHER INCENTIVES.
(a) In order to address a shortaqe of workforce housinq units. incentives have
been added to induce the construction of workforce housinq units in the City. In addition
to the other incentives contained within this article, lots of record that have at least 40
feet of frontaqe may be used for Workforce Housinq, as lonq as the workforce housinq
unit meets the typical desiqns represented by the sketches set forth below and the
additional requirements of 4.1.4(D) as well as other applicable code provisions are met.
26
ORD. NO. 18-06
LIVING
". )( '13"
MASTER
BEDROOM
120 x '13'
ENTRY
.1Io"~
"It".,.<:-
PORCH
UPPER FLOOR.
~~~~i
:,.~~~#~;,..~
ri<:
MAIN FLOOR.
Upper Floor
Main Floor
Total Living Area
Basemenl
565 sq, ft.
840 sq. ft.
1,405 sq.n.
840 sq. ft.
Footprint
30'.0" J( 36'.0"
:.3 ~edrooms
2 Bathrooms
~asement,
Crawlspace or
Slab Founda
27
ORD. NO. 18-06
:
M!~'
.~ii;.~.
MAIN FLOOR
UPPER FLOOR
Upper Floor
Main F100T
Total Living Area
2+ Bedrooms
J Bathrooms
Crawlspace
Foundation
480 sq. ft.
1.238 sq. fl-
1.718 sq. fl.
Footprint
30'.4" .l{.47'.0"
-1-...
28
ORD. NO. 18-06
,f 3Q'.()'
UPPER FLOOR
PORCH
20'~
'll'<rCtO
MAIN FLOOR
Upper Floor
Main Floor
Total Living Ami
Basemenl
698 sq. ft.
1,080 sq, ft
1,778 sq, ft.
1,080 sq, ft
Footprint
30' .0" x 62' .0"
3 Bedrooms
Iii Bathrooms
Crawlspace, Slab
or Basement
FOWldatit'!!L_~ _
-[U"'. '--::-!', ~l"'--'
L ' H
~> . .' ::'-,' j~
:;,,~,;~,__~_ - L._~-_ ~
29
ORD. NO. 18-06
1----
1
I
I
I
I
1
M.5EDROOM
12""'." 10'.11"
===:~=,=.~.:.=='=-=.
il
11
If
CARPORT ::
UI''''."W-r 11
II
II
DINING
er..... ..~A,..
$I
g
z:
....
o
P
t!:
8EDRM #2 &EPRM #3
9' " Ie' !h Ie'
UVlNG
12'.>>'. UI'.9"
PORCH
".... .19'....
Main Floor
Total UVing Area
978 sq. it
978 sq.ft.
Footprint
30'00" x 48'.0"
3 Bedrooms
1 Bathroom
Slab Foundation
30
ORD. NO. 18-06
MIIStl'll:
_00IiI
""""11'1"-
VJ'PER FLOOR
MAIN FLOOR
Upper Moor 68 J sq, ft.
Main Floor 706 sq, ft
Talal Living Area 1,387 sq.f'L
Z IJedroolUS
21ft Bathrooms
Crawlspace or
Slab Foulldaft(fn
Footprint
28'.0" x 76'_4"
31
ORD. NO. 18-06
I
I
I
I
I
I
I
I
I
~:
!
~
I
I
I
LMNG ROOM
M<1O".....
-,-,-'-'_. _..............._._..."""""-::_..~ -.-..........-.---'"'
t
!
~
sw
'0
~
~
M. &EmtOOM
","'lit."
.'<1'
Main floor 1,234 sq,fL
Total Living Area 1,234 sq.ft.
Footprint
30'-0" x 54'-0"
1 Bedrooms
2 Bathrooms
Slab Foundation
32
ORD. NO. 18-06
-
1
~.. .'u"
..
f
~
$f~ *,..f+
--
MAIN FLOOR
UPPER FLOOR
Upper F!clOr 681 sq. ft
Main Floor 706 sq. ft.
Total Li'l'ing Area .1,387 sq. ft.
Footprint
2S'-U" x 76'-10"
2 Bedroom.,;
21h Bathrooms
Crawlspace or
Slab Foundation
33
ORD. NO. 18-06
Section 15. 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 16. That all ordinances or parts of ordinances in conflict herewith be,
and the same are hereby repealed.
Section 17. 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
34
ORD. NO. 18-06
Rev. 3/9/06
Reprinted 3/14/06
ORDINANCE NO. 19-06
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES BY AMENDING CHAPTER 4, "ZONING
REGULATIONS", SECTION 4.4.13(1), "PERFORMANCE
STANDARDS", TO PROVIDE FOR INCLUSION OF
WORKFORCE HOUSING AMONG OTHER CONDITIONS
IN ORDER TO OBTAIN INCREASED DENSITY;
PROVIDING A GENERAL REPEALER CLAUSE; A
SAVINGS CLAUSE AND AN EFFECTIVE DATE.
WHEREAS, the City Commission desires to increase Workforce Housing in the
City; and,
WHEREAS, the City has an established Workforce Housing Ordinance; and,
WHEREAS, the inclusion of the requirement that 20% of the residential units be
Workforce Housing units is in the interest of the public health, safety and welfare; and,
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board
reviewed the proposed text amendment at a public hearing held on February 27, 2006
and voted 7 to 0 to recommend that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning
Board, sitting as the Local Planning Agency, has determined that the change is
consistent with and furthers the goals, objectives and policies of the Comprehensive
Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings
in the Planning and Zoning Staff report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance
is consistent with the Comprehensive Plan.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA AS FOLLOWS:
Section 1. That Chapter 4, "Zoning Regulations", Section 4.4.13(1)
"Performance Standards" of the Land Development Regulations is amended to read as
follows:
(I) Performance Standards. These standards shall apply to all applications
for new development and modification of existing developments which would result in a
density greater than thirty (30) dwelling units per acre in the Commercial Core or twelve
(12) units per acre in the West Atlantic Neighborhood.
(1) The maximum permissible density of a particular project will be
established through the conditional use process, based upon the degree to which the
development complies with the performance standards of this section, the
required findings of Section 2.4.5(E), and other applicable standards of the
eComprehensive Plan and Land Development Regulations. Notwithstanding the
above, the approving body may deny an application for increased density where it is
determined that the proposed project is not compatible in terms of building mass
and intensity of use with surrounding development. All eliqible developments
desirinQ to use these performance standards shall provide twenty percent (20%) of the
residential units above thirty (30) dwellinq units per acre in the Commercial Core or
twelve (12) units per acre in the West Atlantic Neiqhborhood as Workforce Housinq
units (fractions shall be rounded up). The workforce housinq units shall be divided
between low and moderate income levels with no more than 50% of the workforce units
to be for moderate income levels and shall comply with other applicable provisions of
Article 4.7.
(2) In addition to the standards and requirements set forth in subsection
4.4.13(1 )(1), above, +the applicable performance standards for development
exceeding twelve (12) units per acre within the West Atlantic Neighborhood or thirty
(30) units per acre within the Central Core are as follows:
(a) The development offers variation in design to add interest to
the elevations and relief from the building mass. Building
elevations incorporate several of the following elements:
diversity in window and door shapes and locations; features
such as balconies, arches, porches; and design elements
such as shutters, window mullions, quoins, decorative tiles,
or similar distinguishing features.
(b) If the building includes a parking garage as an associated
structure or within the principal building, the garage elevation
provides unified design elements with the main building
through the use of similar building materials and color,
vertical and horizontal elements, and architectural style.
Development of a portion of the ground floor perimeter
adjacent to street rights of way is devoted to window
displays or floor area for active uses such as retail stores,
2
ORD. NO. 19-06
personal and business service establishments,
entertainment, offices, etc., is encouraged.
(c) A number of different unit types, sizes and floor plans are
available within the development. Two and three bedroom
units are encouraged, as are a combination of multi-level
units and flats. In projects consisting of more than twelve
(12) dwelling units, the proportion of efficiency or studio type
units may not exceed 25% of the total units. There is no
maximum percentage established for projects having twelve
(12) or fewer units, however, a mix of unit types and sizes is
encouraged.
(d) The project design shall create an overall unified
architectural character and image by the use of common
elements between the building(s), parking lot, and
landscaping. Examples of some features that could be
incorporated to meet this standard are: freestanding light
poles and exterior light fixtures that are decorative and
consistent with the architectural treatment of the building(s);
pedestrian amenities such as benches, shaded walkways,
and decorative pavement treatment, that are similar in forms,
colors, materials, or details as the architecture of the
building(s); focal points such as public art, water
feature/fountain, courtyard or public plazas designed to
connect different uses along a continuous pedestrian
walkway; or a combination of similar features that meet the
intent of this standard.
(e) The development provides common areas and/or amenities
for residents such as swimming pools, exercise rooms,
storage rooms or lockers, covered parking, gardens,
courtyards, or similar areas and/or amenities.
(f) The development promotes pedestrian movements by
providing convenient access from the residential units to the
public sidewalk system. Pedestrian areas adjacent to the
building are enhanced by providing additional sidewalk area
at the same level as the abutting public sidewalk.
Accessways to parking areas are designed in a manner that
minimizes conflicts between vehicles and pedestrians. The
public street or streets immediately adjacent to the
3
ORD. NO. 19-06
development are enhanced in a manner that is consistent
with the streetscape in the downtown area (i.e., installation
of landscape nodes, extension of existing paver block
system, installation of approved street lighting, etc.)
(g) The development provides opportunities to share parking,
accessways, driveways, etc., with adjoining properties, or
provides additional parking spaces that may be used by the
public.
(h) Projects fronting on Atlantic Avenue, NW/SW 5th Avenue,
N.E. 1 st Street, or S.E. 1 st Street contain nonresidential
uses on the ground floor. At least seventy-five percent (75%)
of the surface area of the front street wall(s) at the ground
floor of each such building is devoted to display windows
and to entrances to commercial uses from outside the
building.
(i) The landscape plan for the development preserves and
incorporates existing native vegetation (where available),
provides new landscaping that is in excess of minimum
standards (in height and quantity), demonstrates innovative
use of plant material, improves site design, provides useable
open space or public plazas, and maximizes available areas
for pedestrian interaction. If necessary to achieve this
standard, the project may exceed the maximum setback
area on the ground floor.
(3) It is acknowledged that it may not be possible for projects which
involve the modification of existing structures to comply with many of the above
referenced standards. For those types of projects, the ultimate density should be
based upon compliance with those standards which can be reasonably attained,
as well as the project's ability to further the goal of revitalizing the central
business district (Le., adaptive reuse of older structures and the provision of housing
in close proximity to employment opportunities and services).
Section 2. That all ordinances or parts of ordinances in conflict herewith
be and the same are hereby repealed.
Section 3. 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
4
ORD. NO. 19-06
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 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
First Reading
Second Reading
MAYOR
5
ORD. NO. 19-06
Rev. 3/14/06
ORDINANCE NO. 20-06
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES BY AMENDING CHAPTER 4 "ZONING
REGULATIONS", SECTION 4.1.4, "USE OF LOTS OF
RECORD", BY ENACTING A NEW SUBPARAGRAPH
4.1.4(D), TO PROVIDE FOR THE USE OF LOTS OF
RECORD OF AT LEAST 40 FEET FOR THE
CONSTRUCTION OF WORKFORCE HOUSING UNITS AS
LONG AS THE DESIGNS CONFORM TO CERTAIN
PLANS; PROVIDING A GENERAL REPEALER CLAUSE; A
SAVINGS CLAUSE AND AN EFFECTIVE DATE.
WHEREAS, the City Commission desires to encourage the development
of Workforce Housing; and,
WHEREAS, as long as certain designs are used, some lots of 40 feet that
are not normally buildable are encouraged to be used for the development of Workforce
Housing;
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning
Board reviewed the proposed text amendment at a public hearing held on February 27,
2006 and voted 7 to 0 to recommend that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and
Zoning Board, sitting as the Local Planning Agency, has determined that the change is
consistent with and furthers the goals, objectives and policies of the Comprehensive
Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the
findings in the Planning and Zoning Staff report; and
WHEREAS, the City Commission of the City of Delray Beach finds the
ordinance is consistent with the Comprehensive Plan.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS:
Section 1. That Chapter 4, "Zoning Regulations", Section 4.1.4, "Use of
Lots of Record" is hereby amended by enacting Subsection 4.1.4(0) to read as follows:
(D) Within the R-1-A, RL and RM zoninq districts, lots of record
havinq at least forty (40) feet of frontaqe may be used for Workforce Housinq, as lonq
as the workforce housinq unit meets the typical desiqns represented by the sketches set
forth in Section 4.7.12(a), the lot is a minimum of 4,000 square feet and conforms to
setbacks: provided, however the minimum side setback may be reduced to a minimum
five feet (5') if necessary to accommodate the desiqns set forth in Section 4.7.12(a) and
meets other development standards in the zoninq district. The Workforce Housinq unit
on a lot with frontaqe as herein described must include rear access via an alley, if
available. The unit must also contain desiqn features such as. but not limited to. front
porches, eyebrows, outriqqers. qables, dormers, arbors, trellises. shutters, balconies,
decorative vents, sidinq, textured stucco finishes, undulatinq facades and other such
appropriate architectural features.
Section 2. That all ordinances or parts of ordinances in conflict herewith
be and the same are hereby repealed.
Section 3. 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 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:
MAYOR
City Clerk
First Reading
Second Reading
2
Ord. 20-06
MEMORANDUM
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CIlY MANAGERt>>1
AGENDA ITEM # . \ a C.- - REGULAR MEETING OF MARCH 21. 2006
ORDINANCE NO. 13-06
TO:
FROM:
DATE:
MARCH 17, 2006
This ordinance is before Commission for second reading and public hearing to amend Chapter 36,
"Finance; City Property Transactions", Section 36.01, "Compliance with Standard Practice
Instructions", of the Code of Ordinances, to provide that personal services contracts are exempt from
the requirements of Chapter 36.
At the first reading on March 6, 2006, the Commission passed Ordinance No. 13-06.
Recommend approval of Ordinance No. 13-06 on second and final reading.
S:\City Clerk\agenda memos\Ord. No. 13-06 Personal Services 032106
fIJ
ORDINANCE NO. 13-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, AMENDING CHAPTER 36,
"FINANCE; CITY PROPERTY TRANSACTIONS", OF THE CODE
OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY
AMENDING SECTION 36.01, "COMPLIANCE WITH STANDARD
PRACTICE INSTRUCTIONS", TO PROVIDE THAT PERSONAL
SERVICES CONTRACTS ARE EXEMPT FROM THE
REQUIREMENTS ON CHAPTER 36; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, the City has always adhered to purchasing procedures where the person,
entity or thing was purchased based on the lowest price or most qualified person/entity; and
WHEREAS, this process will not change, however, to clarify this process, personal
services contracts will not be subject to the competitive bid requirements of Chapter 36; and
WHEREAS, it has long been held that contracts for personal services that involve a
peculiar skill or ability may not be required to be let by competitive bid, See, City of Pensacola v.
Kirby, 47 So.2d 533 (Fla. 1950).
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 36, "Finance; City Property Transactions", Section 36.01,
"Compliance with Standard Practice Instructions", of the Code of Ordinances of the City of Delray
Beach, Florida, be and the same is hereby amended to read as follows:
Sec. 36.01. COMPLIANCE WITH STANDARD PRACTICE INSTRUCTIONS.
(A) The details of all City purchasing shall be performed in accordance with the latest
current revision of a standard practice instruction as issued by the City Manager, and as this
reflects the requirements of the City Charter and the current revision of the City's Code. Personal
Services Contracts are contracts that involve a particular skill or abilitv. such as. but not limited to.
contracts for artistic work. that are dependent upon specialized expertise. skill and experience.
Personal Services Contracts are not subiect to the competitive bid requirements of this Chapter.
unless required bv State law.
(B) The City Manager or his designee shall have the authority to execute on behalf of
the City, all purchase orders, contracts, change orders, service authorizations or modifications
thereto when a public hearing, or approval, review, selection or award by the Commission is not
requested by this Chapter.
3\a-\~ ~~
~~ O\ct\W\CA-
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\...
Section 2. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder hereof as a whole or part thereof other
than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances in conflict herewith be and the
same are hereby repealed.
Section 4. That this ordinance shall become effective 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.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
2
ORD NO.
[ITY DF DElRAY IEA[H
~I:
~
CITY ATTORNEY'S OFFICE
2()() NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
TEl J:PI-IONE: :i61/243-7090 . FACSIMILE: :i61/27f1.-4755
DELRAY BEACH
~
All-America City
Writer's Direct Line: 561/243-7091
" III! DATE:
MEMORANDUM
March 2, 2006
1993
2001
FROM:
City Commission
David Harden, City Manager
".... ~
Brian Shutt, Assistant City Attorney
TO:
SUBJECT: Clarification of PurchasinQ Procedures Reaardina Personal Services
Contracts
The attached ordinance clarifies that personal service contracts, such as contracts
for artistic work, are dependent upon the expertise and skill of the person
performing the work, therefore, such contracts would not be awarded based on a
competitive bid regarding the price but based on the skill and expertise of the
person performing such services.
This clarification is needed as the City will be sending out a "Call to Artists"
seeking artists to install/construct an art project under the Atlantic Avenue Bridge
at Veteran's Park. It is anticipated that the award will be based primarily on the
artist's proposed project and qualifications.
Our office requests that this item be placed on the March 6, 2006 City Commission
agenda. Please call if you have any questions.
Attachment
cc: Chevelle Nubin, City Clerk
Doug Smith, Asst. City Manager
Joe Safford, Finance Director
\~
ORDINANCE NO. 13-06
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AMENDING
CHAPTER 36, "FINANCE; CITY PROPERTY
TRANSACTIONS", OF THE CODE OF ORDINANCES OF
THE CITY OF DELRA Y BEACH, BY AMENDING
SECTION 36.01, "COMPLIANCE WITH STANDARD
PRACTICE INSTRUCTIONS", TO PROVIDE THAT
PERSONAL SERVICES CONTRACTS ARE EXEMPT FROM
THE REQUIREMENTS OF CHAPTER 36; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND
AN EFFECTIVE DATE.
WHEREAS, the City has always adhered to purchasing procedures where the person, entity
or thing was purchased based on the lowest price or most qualified person/ entity; and
WHEREAS, this process will not change, however, to clarify this process, personal services
contracts will not be subject to the competitive bid requirements of Chapter 36; and
WHEREAS, it has long been held that contracts for personal services that involve a peculiar
skill or ability may not be required to be let by competitive bid, See, City of Pensacola v. Kirby, 47 So.2d
533 (Fla. 1950).
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 36, "Finance; City Property Transactions", Section 36.01,
"Compliance with Standard Practice Instructions II , of the Code of Ordinances of the City of Delray
Beach, Florida, be and the same is hereby amended to read as follows:
Sec. 36.01. COMPLIANCE WITH STANDARD PRACTICE INSTRUCTIONS.
(A) The details of all City purchasing shall be performed in accordance with the latest
current revision of a standard practice instruction as issued by the City Manager, and as this reflects
the requirements of the City Charter and the current revision of the City's Code. Personal Services
Contracts that involve a peculiar skill or ability. such as. but not limited to. contracts for artistic
work. are dependent upon expertise. skill and experience. Personal Services Contracts are not
subject to the competitive bid requirements of this Chapter.
(B) The City Manager or his designee shall have the authority to execute on behalf of the
City, all purchase orders, contracts, change orders, service authorizations or modifications thereto
when a public hearing, or approval, review, selection or award by the Commission is not requested
by this Chapter.
Section 2. That should any section or proVlslon of this ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof
other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances in conflict herewith be and the
same are hereby repealed.
Section 4.
final reading.
That this ordinance shall become effective upon its passage on second and
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
2
ORD NO. 13-06
MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGERttJv1
AGENDA ITEM # \ ~A - REGULAR MEETING OF MARCH 21, 2006
ORDINANCE NO. 21-06
TO:
SUBJECT:
DATE:
MARCH 17, 2006
This ordinance is before Commission for first reading to amend Land Development Regulations
(LDR) Section 2.4.3(1<)(3), "Permit Fees", to enact a new subsection (s) authorizing the waiver of
building permit fees for the installation of auxiliary power generators and fuel systems in critical use
groups and occupancies. The attached memo from Chief Koen provides additional information.
Recommend approval of Ordinance No. 21-06 on first reading.
S:\City CIerk\agenda memos\Ord. No. 21-06 Generator 032106
[ITY
lf Ofl
4"'} ,,' l' .</i~: .,,,!
y I~
r~,~
;A'J:'2,:'\
FIRE-RESCUE DEPARTMENT
. Hi,~HLAr\JD BEACH
DELRAY BEACH
~
All-America City
'IIII!MEMORANDUM
1993
2001 To:
David T. Harden, City Manager
From: Kerry B. Koen, Fire Chief
Subject: Incentives for Installation of Generators
Date: March 17, 2006
The Monday edition of a local newspaper reported on Publix's initiative to invest
approximately 100 Million Dollars to equip a large number of their stores in storm prone
areas with auxiliary generators capable of supporting refrigeration, freezer units and other
support functions to provide the public access to essentials following a hurricane or
similar event. Obviously, this voluntary action at the corporate level could be helpful in
our community as supermarkets were one of the occupancy groups that we had identified
during the January 10, 2006 workshop with the City Commission related to expanded
auxiliary power requirements.
The Commission also asked that we explore incentives which might encourage
business owners to move forward with installations of generators and fuel supplies. To
that end, I would like to recommend that the City Commission consider an Ordinance
which would allow the City Administration to "waive" building permit fees related to the
installation of generators, fuel tanks and appurtenances in occupancies which we
discussed. In this way, the City would be sending the business community a very
positive signal that we are willing to join with them in providing critical services at a time
of major need.
I recommend that the attached Ordinance be presented to the City Commission at
the earliest possible time for consideration. If this is viewed favorably by the City
Commission, I suggest that we quickly notify Publix and other affected business and/or
residential groups to advise them of the City's action in support of their efforts.
Separately, drafts of several ordinances are being prepared by the City Attorney's
Office related to future requirements for generators in critical facilities, but that action
FIRE-RE;":CIJL liFY,\ITlrJ1Ff;: fjfC,\DOi
.^.I.!Ff',jl . r)F:,r:{ ~:)
"! ORIDA 33444
may take some time as we will need considerable input from the potentially affected
users.
\/~~''- J
Kerry B. Koen
Fire Chief
Coordinator of Emergency Services
KBK/mlb
Attachments:
CC: Lula Butler, Director of Community Improvement
Larry Schroeder, Chief of Police
John Tomaszewski, Asst. Fire Chief
William Adams, Asst. Fire Chief
Dale Sugerman, Town Manager - Highland Beach
William Thrasher, Town Manager - Gulf Stream
Bill Wood, Greater Delray Beach Chamber of Commerce
Jo
[ITY DF DElRAY IER[H
CITY ATTORNEY'S OFFICE
~I)() N\V hi AVENt!.: ! RAY BEACI-I, FLORIDA 33444
! I .1.l'HONI: :ihli~j ': i' li\CSIMILE: 561/278-4755
Writer's Direct Line: 561/243-7090
DELRAY BEACH
~
All-America City
, III I! ~~TE:
1993
2001
MEMORANDUM
March 17, 2006
Mayor and City Commissioners
David T. Harden, City Manager
Chevelle Nubin, City Clerk
I~
FROM:
Terrill Barton, Assistant City Attorney
SUBJECT: Ordinance waivinq permit fees for certain businesses wantino to
install oenerators.
Attached please find an ordinance proposing to waive the permit fees for
generators. I believe that Chief Koen will be sending a cover memo separately
regarding this ordinance.
Please contact me at 243-7090 if you have any questions. Thank you.
TCB: smk
Attachment
ORDINANCE NO.~' -06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE CITY'S LAND
DEVELOPMENT REGULATIONS BY AMENDING SECTION
2.4.3(K)(3), "PERMIT FEES", IN ORDER TO ENACT A NEW
SUBSECTION (S) TO PROVIDE THAT ALL PERMIT FEES
REGARDING INST ALLA TION OF GENERATORS AND ALL
APPURTENANCES RELATED TO GENERATORS INCLUDING FUEL
STORAGE AREAS AND SCREENING FOR ALL SERVICE STATIONS,
GROCERY STORES, KIDNEY DIALYSIS CENTERS, PHARMACIES,
RESIDENTIAL BUILDINGS WITH ELEVATORS, COUNTRY CLUBS
AND CLUBHOUSES WITHIN RESIDENTIAL COMMUNITIES SHALL
BE WAIVED; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the State of Florida is taking action to encourage the acquisition of emergency
generators via Senate Bills 528, 530 and 85; and
WHEREAS, the City desires to encourage the acquisition of emergency generators by service
stations, grocery stores, kidney dialysis centers, pharmacies, residential buildings with elevators and club
houses within private communities in order to prepare for the upcoming hurricane season.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 2.4.3(K)(3)(s) of the Land Development Regulations of the City of Delray
Beach, Florida, be, and the same is hereby enacted to read as follows:
(s) All service stations. grocery stores. kidney dialysis centers. pharmacies. residential buildings
with elevators. country clubs and/or clubhouses in residential communities shall be
permitted to install generators and all appurtenances related to generators including fuel
storage areas and screening and all permit fees for installation shall be waived.
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.
hereby repealed.
That all ordinances or parts of ordinances in conflict herewith be, and the same are
Section 4.
reading.
That this ordinance shall become effective upon its passage on second and final
PASSED AND ADOPTED by the City Commission of the City of Delray Beach this the
day of , 2006.
ATTEST:
MAYOR
City Clerk
First Reading
Second Reading
Publix to install backup power so customers can get ice, fresh food after hurricanes: Sout... Page 1 of 3
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MBAIN SPORTMAr..iAC"EMENT
Publix to install backup power so customers
can get ice, fresh food after hurricanes
COLU
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By ladyn Giovis
South Florida Sun-Sentinel
Posted March 14 2006
Publix Super Markets on Monday unveiled a
$100 million plan to install powerful backup
generators in South Florida stores to avoid the
food shortages and long lines that plagued
stores after Hurricane Wilma.
The Lakeland-based company's announcement
also came with a plea to the region's
municipalities: Speed up the permit process
necessary to carry out the large-scale effort.
With the official start to hurricane season less
than three months away, Publix executives say
they cannot put the plan into place until the
paperwork is complete and hope area
governments won't drag their feet.
By July, Publix expects to have a third of its
stores equipped with the backup system,
including some in Broward and Palm Beach
counties, as long as permits are approved.
"We have a plan," said Maria Brous,
spokeswoman for Publix. "But in order to make
our plan a reality, we need all of the
municipalities to expedite their permitting
process. "
Overall, the chain plans to install 400
stationary and mobile generators at hurricane-
prone store locations, as well as 175 quick-
connecting docking stations for stores in
lower-probability hurricane areas. The project
already is under way and focuses on stores
along the southeast and southwest coasts of
Florida, the Florida Panhandle, coastal Georgia
and South Carolina.
PHOTO
Marcia Herol
BUSINESS STI
Publix prepares for the Kathy Kristo!
upcoming hurricane season PERSONAL FI~
See larger image COLUMNIST
(Sun-Sentinel file photo/Joe
Cavaretta) Joyce Lain Kl
Mar 14, 2006 CAREERS NOV
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SHOPP
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50 Publix get
aenerators
Find the best
deals at sto
http://www.sun-sentine1.com/business/local/sfl-zpublix 14mar 14,0,7165 58.story?track=mo... 3/15/2006
Publix to install backup power so customers can get ice, fresh food after hurricanes: Sout... Page 2 of 3
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The generators would allow the company to
operate its produce, meat, dairy and frozen
food departments, which are only partially
served by the existing generator systems.
That means high-demand items such as ice
and milk would be available to customers.
The permanent, SOO-kilowatt generators would
have automated turn-on sensors, along with a
double-lined fuel tank that holds 1,000 gallons
of diesel fuel. That could keep stores operating
even throughout prolonged power outages.
"These generators are the answer to making
perishable items available directly following a
hurricane," Brous said, noting that Publix lost
more than $60 million after the four hurricanes
of 2004.
Immediately after Hurricane Wilma in October,
the vast majority of South Florida grocery
stores and gas stations were shut down and
without power. Food, water and ice were
scarce.
As power slowly was restored, residents
flocked to stores, waiting in line for hours only
to encounter barren shelves.
The situation has since spurred action from
other retailers and was the impetus for
statewide legislation that, if approved, would
require gas stations to have backup
generators.
After Wilma barreled through South Florida,
Kathy Kuhns of Cooper City shared her
generator with three neighbors and turned her
front yard into a picnic area, allowing people
without power to cook meals and grill hotdogs
and hamburgers.
It's a great idea, she said, for stores such as
Publix to have powerful generators.
"Common sense and logic would tell you this is
a smart move," Kuhns said. "I'm sure a lot of
people will be happy about it."
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Publix said it expects to have all of its installations in place by July
2007. To date, Publix has submitted 44 permit applications in various
areas statewide, and just over half have been approved.
The grocer's plans encompass 72 stores in Broward County, 71
stores in Miami-Dade County, and three stores in Monroe County. It
http://www.sun-sentinel.com/business/local/sfl-zpublix 14marI4,0, 716558.story?track=mo... 3/15/2006
Publix to install backup power so customers can get ice, fresh food after hurricanes: Sout... Page 3 of 3
also includes a portion of Palm Beach County's 72 stores.
The Miami-Dade County Commission has committed to helping the
grocery store chain get through the approval process quickly.
Municipalities in Monroe County and the Florida Panhandle already
have had permits approved, Brous said. In the coming weeks, Publix
plans to apply for permits in Broward and Palm Beach counties.
"The inspectors are overloaded right now because they have so many
permits that they're falling further and further behind," said David
Johnston, president of Americas Generators, a Miami-based company
that manufactures and distributes generators to homes and
businesses.
He said the permit process is taking between two and six months in
parts of South Florida.
Businesses that have not ordered their generators are not likely to
get one this year, he said, noting the larger generator manufacturers
are inundated with orders they can't fill for another 100 to 420 days.
Staff Writer Thomas Monnay contributed to this report.
Jaclyn Giovis can be reached at jmgiovis@sun-sentinel.com or 954-
356-4668.
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http://www.sun-sentinel.com/business/local/sfl-zpublix 14mar14,0, 716558.story?track=mo... 3/15/2006
Date: March 17. 2006
AGENDA ITEM NUMBER: \ ~.
AGENDA REOUEST
Request to be placed on:
_ Consent Agenda
X Regular Agenda _ Workshop Agenda _ Special Agenda
When: March 21. 2006
Description of agenda item (who, what, where, how much):
Consideration of an Ordinance authorizing the waiver of building permit fees for the
installation of auxiliary power generators and fuel systems in critical use groups and
occupancIes.
Recommendation:
Adopt the Ordinance.
\/ ~L
{ oQ..o.-~ 1 ~
,
Department Head Signature:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes/No Initials:
Account Number
Description
Account Balance:
Funding Alternatives: (if applicable)
City Manager Review:
Approved for Agenda: ~ No Initials: o1v1
Hold Until:
Agenda Coordinator Review:
Received: