04-18-06 Agenda Reg
CITY COMMISSION
CITY OF DELRAY BEACH. FLORIDA
REGULAR MEETING - TUESDAY. APRIL 18.2006
6:00 P.M. - COMMISSION CHAMBERS
AGENDA ADDENDUM
THE AGENDA IS AMENDED BY ADDING THE FOLLOWING ITEM:
7. PRESENTATIONS
I. WESTERN SENIOR/COMMUNITY CENTER DESIGN PRESENTATION
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Please be advised that if a person decides to appeal any decision made by the City Commission with
respect to any matter considered at this meeting, such person will need to ensure that a verbatim
record includes the testimony and evidence upon which the appeal is based. The City neither
provides nor prepares such record.
City of Delray Beach
Regular Commission Meeting
=:::J
RULES FOR PUBLIC PARTICIPATION
Regular Meeting 6:00 p.m.
Public Hearings 7:00 p.m.
Commission Chambers
Dekay 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. Apri118. 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 when agreed by consensus 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 1st Avenue
Delray 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:
. April 4, 2006 - Regular Meeting
. April 11, 2006 - Special/Workshop Meeting
6. PROCLAMATIONS:
A. Palm Beach International Film Festival Days - April 20-28, 2006
B. Pine Grove Elementary School - 40th Anniversary
C. Pinecrest Rehabilitation Hospital- 20th Anniversary
D. Victims' Rights Week - April 24-28, 2006
E. Municipal Clerk's Week - April 30 - May 6, 2006
7. PRESENTATIONS:
A. Employee Suggestion Awards to Robert Williamson, Robert Bullard, and Harold
Williams - Environmental Services Department
B. Recognition of Jhankar Gadkari, Rohit Nerurkar, Sonali Ajuja, and Kiran Kambhampati
- Rotary Group Study Exchange
C. Recognition of Vera Farrington - Palm Beach County Historical Society Award
D. Recognition of Gene Sapino - Police Officer of the Year
E. Recognition of John Callahan, III - Director of Delray Beach Library
F. First Night International Creative Programming Award for Bobcat Ballet; and Special
Recognition to John Arbeau and William "Bill" Luciano - Public Works Division
G. "Spotlight on Education" and Special Recognition - Betty Kennedy, Principal of
Morikami Park Elementary School
H. City of Delray Beach Residents' Academy Certificates - Janet Meeks
8. CONSENT AGENDA: City Manager Recommends Approval.
A. FINAL SUBDIVISION PLAT APPROVAL/CODA PLAT: Approve the
subdivision plat for a mixed-use development known as Coda (fka Lighthouse), located
on the south side of S.W. 1st Street, between S.W. 1st Avenue and S.W. 2nd Avenue.
04-18-2006
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1. RESOLUTION NO. 19-06: Approve Resolution No. 19-06 abandoning a 16'
wide unimproved alleyway right-of-way associated with Coda, a proposed
mixed-use development, located south of S.W. 1 st Street, between S.W. 1 st
Avenue and S.W. 2nd Avenue.
B. FINAL SUBDIVISION PLAT APPROVAL/MICHAEL'S WAY PLAT:
Approve the minor subdivision plat for Michael's Way (fka Seagate Villas), located on
the northeast corner Sea Sage Drive and Bucida Road.
C. INTERLOCAL AGREEMENT/CITY OF BOYNTON BEACH: Approve an
Interlocal Agreement between the City and the City of Boynton Beach regarding
maintenance of the Lake Drive Bridge.
D. ACCEPTANCE OF RIGHT-OF-WAY DEED/RIGHT OF ENTRY
AGREEMENT / AMJAD HAMMAD: Approve and accept a right-of-way deed and
right of entry agreement between the City and Amjad Hammad associated with the
S.W./N.W. 5th Avenue Project.
E. ACCEPTANCE OF RIGHT-OF-WAY DEED/50 N.E. 5TH AVENUE: Approve
and accept a right-of-way deed associated with Legacy Bank of Florida, located on the
west side ofN.E. 5th Avenue, 284 feet north of Atlantic Avenue (50 N.E. 5th Avenue).
F. REVISED RULES/PUBLIC ART ADVISORY BOARD: Approve the revised
rules of the Public Art Advisory Board as adopted by that board on March 27, 2006.
G. SUB-RECIPIENT FUNDING AGREEMENTS/DELRAY BEACH
COALITION FOR COMMUNITY RENEWAL: Approve and authorize the
execution of funding agreements in the total amount of $75,350.00 with two (2) sub-
recipients (Gulfstream Goodwill Industries and New Innovations) under the Delray
Beach Coalition for Community Renewal (fka Weed & Seed) Program. Funding is
available from 115-2126-521-31.90 (Special Projects Fund/Other Professional Services)
and 001-4105-572-34.90 (General Fund/Other Contractual Services).
H. CHANGE ORDER NO. 1/FINAL PAYMENT/ALMAZAN BROTHERS.
~ Approve Change Order No.1 in the amount of a $42,131.00 decrease and final
payment in the amount of $12,813.90 to Almazan Brothers, Inc. for completion of the
West Atlantic Avenue/N.W. 24th Avenue Intersection and Turn Lane Improvements
Project. Funding is available from 334-3162-541-53.90 (General Construction
Fund/Other Road Materials).
1. RESOLUTION NO. 20-06: Approve Resolution No. 20-06 supporting the Florida
Department of Community Affairs' Communities for a Lifetime initiative.
J. ACCEPTANCE OF EASEMENT DEED/S.W.lN.W. 5TH AVENUE: Approve
and accept an easement deed between the City and the Community Redevelopment
Agency (CRA) to allow for the installation of a sidewalk as part of the S.W./N.W. 5th
Avenue Project.
04-18-2006
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K. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
April 3, 2006 through April 14, 2006.
L. AWARD OF BIDS AND CONTRACTS:
1. Contract award to Murray Logan Construction, Inc. in the amount of
$17,000.00 via the Palm Beach County Contract #05118 for rehabilitation of
Lift Stations 23 and 90B. Funding is available from 442-5178-536-61.83
(Water/Sewer Renewal and Replacement Fund/Lift Station Rehabilitation).
2. Purchase award to Seating Constructors USA, Inc. in the amount of $50,111.69
via Florida State Contract #650-001-04-1 for the purchase of two (2) 10 row 27
foot bleachers for Little Fenway Field at Miller Park. Funding is available from
380-4150-572-63.81 (2004 G.O. Bond/Parks & Recreation/Improvements/
Other Parks Citywide) and 334-4151-572-63.81 (General Construction Fund/
Other Parks).
3. Purchase award to Gametime in the amount of $100,268.03 via Florida State
Contract #650-001-04-1 for playground equipment for Knowles Park, Currie
Commons, and Anchor Park. Funding is available from 380-4150-572-63.81
(2004 G.O. Bond/Parks & Recreation/Improvements/Other Parks).
4. Bid award to Tanner Industries at an estimated annual cost of $28,000.00 via the
Palm Beach County Bid #06-034CB for the purchase of anhydrous ammonia.
Funding is available from 441-5122-536-52.21 (Water/Sewer Fund/Chemicals).
5. Purchase award to Americas Generators, Inc., as a sole source vendor, in the
amount of $45,539.90 for the purchase of five (5) 16 KW skid mounted
generators for the City's utility system for hurricane response and recovery.
Funding is available from 441-5161-536-64.90 (Water & Sewer New Capital/
Other Machinery & Equipment).
6. Contract award to DCR Engineering Services, Inc. in the amount of
$102,712.55 for the purchase and installation of a replacement Fire Station
Alerting System for the Fire Department. Funding is available from 334-6112-
526-64.55 (General Construction Fund/Fire Station Alert System).
7. Purchase award in the total amount of $43,651.73 to Universal Signs &
Accessories and 3M Traffic Safety for the purchase of reflective material,
aluminum blanks, and sign posts as replacement stock for the City's sign shop.
Funding is available from 001-3141-541-52.20 (General Fund/General
Operating Supplies).
9. REGULAR AGENDA:
A. REOUEST FOR IN-LIEU PARKING SPACES/CAFE MOCHA: Consider a
request from Cafe Mocha for the purchase of two (2) in-lieu parking spaces in the
amount of $12,000.00. Cafe Mocha is located at 325 Pineapple Grove Way. (Quasi-
Judicial Hearing)
04-18-2006
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B. RESOLUTION NO. 18-06 (MID-YEAR BUDGET ADJUSTMENT): Consider
approval of a resolution making mid-year adjustments to the adopted budget for FY
2006.
C. PILGRIM BELLE CRUISES. LLC: Provide direction regarding a request from
Pilgrim Belle Cruises to pay dock space rental fees for the summer months and a five (5)
year extension to the current contract for dock space at Veteran's Park.
D. OFF SITE PARKING AGREEMENT/CITY LIMITS: Consider approval of an
Off Site Parking Agreement for the new City Limits Establishment which provides for a
minimum of twenty-three (23) spaces for use by City Limits, the spaces are located at 29
N.E. 4th Avenue.
E. CONTRACT TERMINATION AND RECOVERY OF COSTS/R&S
INTEGRATED,INC.lEASYAGENDA: Consider approval of the cancellation of
the contract with R&S Integrated, Inc. for the purchase of the EasyAgenda software for
the paperless agenda and recovery of costs; and authorize staff to draft agreements and
releases for reimbursement to be executed by the City Manager.
F. APPOINTMENT OF COMMUNITY REDEVELOPMENT AGENCY (CRA)
CHAIRMAN /VICE-CHAIRMAN: Appoint a Chairman and Vice-Chairman to the
Community Redevelopment Agency Board.
G. COMPLAINT FOR DECLARATORY JUDGMENT /FLORIDA
DEPARTMENT OF MANAGEMENT SERVICES. DIVISION OF
RETIREMENT: Consider authorizing the City Attorney to file a Complaint for
Declaratory Judgment against the Florida Department of Management Services,
Division of Retirement regarding the Police & Fire Pension Plan.
10. PUBLIC HEARINGS:
A. ORDINANCE NO. 14-06 (SECOND READING/SECOND PUBLIC
HEARING): Amendment to the Land Development Regulations (LDR) establishing a
six (6) month moratorium on demolitions, additions, and new construction in the City's
five (5) Historic Districts.
B. 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.
C. ORDINANCE NO. 6-06: An ordinance amending Ordinance No. 28-89, Section 5
to allow the addition of two self storage facility buildings totaling 17,700 square feet and
amending Land Development Regulations (LDR) Section 4.4.25 (G), "S.A.D.s",
Subsection (1) to reflect the name change to "United Stor-All",located on the east side
of Military Trail approximately 2,450 feet south of Lake Ida Road.
04-18-2006
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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. 22-06: An ordinance amending Chapter 101, "Municipal Parks,
Beaches and Other Recreational Sites", of the Code of Ordinances by amending Section
101.23, "Criminal Trespass", to clarify that buildings shall include but not be limited to
lifeguard towers. If passed, a public hearing will be scheduled for May 2, 2006.
B. ORDINANCE NO. 23-06: An ordinance amending Chapter 36, "Finance; City
Property Transactions", of the Code of Ordinances by amending Section 36.01,
"Compliance with Standard Practice Instructions", to provide that invitations to
negotiate are exempt from the requirements of Chapter 36. If passed, a public hearing
will be scheduled for May 2, 2006.
C. ORDINANCE NO. 24-06: An ordinance amending Chapter 35, "Employees Policies
and Benefits", of the Code of Ordinances by amending Section 35.097, "Retirement
Income; Basis, Amount, and Payment", to provide for payment of Lump-Sum
Distributions in excess of $1,000.00. If passed, a public hearing will be scheduled for
May 2, 2006.
D. ORDINANCE NO. 25-06: An ordinance amending Chapter 33, "Police and Fire
Departments", Subheading "Pensions" of the Code of Ordinances by amending Section
33.62, ''Benefit Amounts and Eligibility", to provide for payment of Lump-Sum
Distributions in excess of $1,000.00. If passed, a public hearing will be scheduled for
May 2, 2006.
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A City Manager
B. City Attorney
C. City Commission
POSTED: APRIL 14, 2006
04-18-2006
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APRIL 4. 2006
A Regular Meeting of the City Commission of the City of Delray Beach, Florida,
was called to order by Mayor Jeff Perlman in the Commission Chambers at City Hall at 6:00
p.m., Tuesday, April 4, 2006.
h
Roll call showed:
Present - Commissioner Rita Ellis
Commissioner Fred Fetzer
Commissioner Jon Levinson
Commissioner Brenda Montague
Mayor Jeff Perlman
Absent - None
Also present were - David T. Harden, City Manager
Robert A. Barcinski, Assistant City Manager
Susan A. Ruby, City Attorney
Chevelle D. Nubin, City Clerk
At this point, Mayor Perlman stated he would like to observe a moment of silence
in memory of Reverend Franck Francois of Bethel Evangelical Baptist Church who recently
passed away. The church just celebrated their 25th Anniversary and he was a terrific member of
the Delray Beach Clergy Association.
2. The opening prayer was delivered by Reverend Nancy Norman with Unity
Church of Delray Beach.
3. The Pledge of Allegiance to the flag of the United States of America was given.
4. AGENDA APPROVAL.
Mayor Perlman stated Item 8.P., Third Amendment to Contract for Sale and
Purchasel Auburn Trace, has been removed from the Consent Agenda. He noted that there is a
revised Board Order for Item 9.A., Appeal of the Historic Preservation Board's Decision
Associated with 711 North Swinton Avenue.
Also, Mayor Perlman requested that Item 8.C., Delrav Lakes Homeowners'
Association Traffic Enforcement Aereement be moved to the Regular Agenda as Item 9.A.1.
Mrs. Ellis moved to approve the Agenda as amended, seconded by Mrs.
Montague. Upon roll call the Commission voted as follows: Mr. Fetzer - Yes; Mr. Levinson -
Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion passed with a
5 to 0 vote.
04/04/06
5.
APPROVAL OF MINUTES:
Mr. Levinson moved to approve the Minutes of the Regular Meeting of March 6,
2006, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Levinson-
Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes. Said
motion passed with a 5 to 0 vote.
Mrs. Ellis moved to approve the Minutes of the Regular Meeting of March 21,
2006, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mrs.
Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson -
Yes. Said motion passed with a 5 to 0 vote.
Mr. Fetzer moved to approve the Minutes ofthe Organizational Meeting of March
30, 2006, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mayor
Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes.
Said motion passed with a 5 to 0 vote.
6.
PROCLAMATIONS:
6.A. Recoimizin2 and commendin2 James Scala - Ocean Rescue Division - Parks
and Recreation Department Employee of the Year for 2005; and An2el Rodri2uez - Parks
Maintenance Division and Matthew Carbone - AdministrationlRecreation Division as
Parks and Recreation Top Employees of the Year for 2005
Mayor Perlman read and presented a proclamation hereby recogmzmg and
commending JAMES SCALA, ANGEL RODRIQUEZ and MATTHEW CARBONE
PARKS and RECREATION TOP EMPLOYEES OF THE YEAR 2005 on a job well done
for the Parks and Recreation Department and the City of Delray Beach. Joe Weldon, Director of
Parks and Recreation, stated Angel Rodriquez could not attend this evening and presented James
Scala and Matthew Carbone with a plaque and check. Mr. Scala and Mr. Carbone came forward
to accept their proclamations.
6.B. National Public Works Week - May 21-26. 2006
Mayor Perlman read and presented a proclamation hereby proclaiming the week
of May 21 through 26, 2006 as NATIONAL PUBLIC WORKS WEEK in Delray Beach,
Florida. Richard Hasko, Director of Environmental Services, came forward to accept the
proclamation.
6.C. Days of Remembrance - Holocaust
Mayor Perlman noted this proclamation will be mailed.
7. PRESENTATIONS:
7.A. Delray Camera Club Awards - "Vibrant Delray 2006"
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04/04/06
Mayor Perlman presented a Certificate of Achievement to the following winners
ofthis year's competition.
HONORABLE MENTION
Ruthe Zucker
"Libraries Are Fun"
Herl Wilkins
"Catch of the Day"
Jesse Lobel
"Ballroom Dancers"
Third Place
Don McKenzie
"An Evening Snack"
Second Place
Larry Diou
"Gazebo At Sundy House"
First Place
Ted Reich
"Balloon Night"
8.
CONSENT AGENDA: City Manager Recommends Approval.
8.A. AMENDMENT NO. l/BUSINESS LEASE AGREEMENT/MAE VOLEN
SENIOR CENTER. INC.: Approve Amendment No.1 to the Business Lease Agreement with
the Mae Volen Senior Center, Inc. to extend the operation of the Alzheimer's Center to
September 21, 2006.
8.B. ACCEPTANCE OF GRANT/EMERGENCY MEDICAL SERVICES (EMS)
GRANT: Accept Emergency Medical Services (EMS) grant funding in the amount of
$43,707.20; and authorize the purchase of eight (8) EtC02 Sidestream LoF10 Upgrades and
supplies in the amount of $41,199.50 from Zoll Medical Corporation for the Fire-Rescue
Department. Funding is available from 001-2315-526-64.90 (General Fund/Fire Rescue/Other
Machinery/Equipment).
8.C. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS
ITEM 9.A.1.
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04/04/06
8.D. RESOLUTION NO. 16-06: Approve Resolution No. 16-06 authorizing funding
in the amount of $5,000.00 to the Brickel Foundation for the Olweus Bullying Prevention
Program.
The caption of Resolution No. 16-06 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRA Y BEACH, FLORIDA, APPROVING FUNDING IN
THE AMOUNT OF FIVE THOUSAND DOLLARS ($5,000.00)
FOR THE BRICKELL FOUNDATION, THEREBY ENABLING
THEM TO IMPLEMENT THE OLWEUS BULLYING
PREVENTION PROGRAM IN LOCAL SCHOOLS AND
PROVIDING AN EFFECTIVE DATE.
(The official copy of Resolution No. 16-06 is on file in the City Clerk's office.)
8.E. AMENDMENT NO. l/GENERAL CONSULTING ENGINEERING
SERVICES AGREEMENT/MCMAHON ASSOCIATES. INC.: Approve Amendment No.1
to the General Consulting Engineering Services Agreement between the City and McMahon
Associates, Inc. to provide for a 5% increase in the cost of professional engineering services.
8.F. ACCEPTANCE OF 2004/2005 ANNUAL FINANCIAL REPORT: Accept
the Comprehensive Annual Financial Report for fiscal year ended September 30, 2005; a formal
presentation of the report will be made at the April 11, 2006 Commission Workshop Meeting.
8.G. SPECIAL EVENT RE QUE ST/AVDA: Approve a special event request to
allow the 9th Annual Aid to Victims of Domestic Abuse, Inc. (A VDA) 5K Walk/Run to be held
on Saturday, October 14, 2006 from 7:30 a.m. until approximately noon.
8.H. DONATION/COMMUNITY CHAIR PROJECT: Accept a donation from the
West Atlantic Redevelopment Coalition (W ARC) of twelve (12) Adirondack chairs to become
part ofthe City's public art inventory.
8.1. CONSENT TO SUBCONTRACTIW ASTE MANAGEMENT: Approve a
Consent to Subcontract Agreement with Waste Management (WM) to allow the use of a
subcontractor, Eastern Waste Systems, Inc. (EWS), to collect vegetative and bulk waste in the
City.
8.J. SPECIAL EVENT REQUEST/BED RACE: Approve a special event request
to allow the 9th Annual Bed Race and Street Dance to be held on May 11, 2006 from 5:30 p.m.
until 10:00 p.m.
8.1(. SERVICE AUTHORIZATION NO. 3.1/CH2M HILL. INC.: Approve
Service Authorization No. 3.1 to CH2M Hill, Inc. in an amount not to exceed $16,802.00 for
boundary and topographic surveying; and gopher tortoise permitting for site plan layout and
design of the Bexley Park Project. Funding is available from 380-4150-572-63.24 (2004 G.O.
BondlParks & RecreationlBexley Park).
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04/04/06
S.L. BUREAU OF JUSTICE ASSISTANCE (BJA) BULLETPROOF VEST
PARTNERSHIP (BVP) GRANT: Authorization to apply for the Bureau of Justice Assistance
(BJA) Bulletproof Vest Partnership (BVP) Grant in an amount up to $112,000.00 with a City
match of $56,000.00 to purchase bulletproof vests for the Police Department.
S.M. REQUEST FOR VALET QUEUE EXPANSION/CAFFE LUNA ROSA:
Approve a request from Caffe Luna Rosa to permanently expand their existing valet queue area
from four (4) spaces to seven (7) spaces.
S.N. FINAL BOUNDARY PLAT APPROV AL/SEAGATE HOTEL AT
ATLANTIC PLACE PLAT: Approve the boundary plat for the Seagate Hotel at Atlantic Place
Plat, located on Atlantic Avenue at Venetian Drive.
S.O. INTERLOCAL AGREEMENT/PALM BEACH COUNTYILINTON
BOULEVARD BRIDGE TENDER HOUSE: Approve an Interloca1 Agreement with Palm
Beach County for reimbursement of $100,000.00 for upgrades to the Linton Boulevard Bascu1e
Bridge Tender House. Funding is available from 334-3162-541-46.10 (General Construction
Fund/Bridge/Linton Blvd. Tender House).
S.P. THIS ITEM HAS BEEN REMOVED FROM THE CONSENT AGENDA.
~ REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period March
20, 2006 through March 31, 2006.
S.R. AWARD OF BIDS AND CONTRACTS:
1:. Purchase award to Container Systems & Equipment Co., Inc. the
amount of $131,686.00 as a sole source purchase for the purchase
of one (1) 2006 Schwarze A 7000 Regenerative Air Street Sweeper
demonstrator model replacement vehicle for the Public Works
Department. Funding is available from 501-3312-591-64.20
(Central Garage Fund/Automotive).
2. Lease award to Ikon Office Solutions in the total amount of
$22,662.72 over a three (3) year term via the Miami-Dade Contract
#114-DDII for the lease of a Canon Image Runner 7095 Digital
Copier to be shared by the Community Improvement and Planning
& Zoning Departments. Funding is available from 001-2511-515-
44.30 and 001-2711-524-44.30 (General Fund/Equipment Rental
Leases).
3. Contract award to Ron Bell, Inc. in the amount of $83,270.00 for
the repairs to the Old Train Depot roof which was damaged by
Hurricane Wilma. Funding is available from 551-1575-591-45.50
(Business Insurance FundlProperty Claims).
4. Bid award to Larson Builders in the amount of $69,234.40 to
remove and replace the existing perimeter fence as part of the
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04/04/06
Strategic Task Team (STT) Partnership and approved
Neighborhood Plan. Rainberry Woods Homeowners' Association
will contribute $20,000.00. Funding is available from 334-6130-
541-63.89 (General Construction FundlNeighborhood
Enhancements).
Mrs. Ellis moved to approve the Consent Agenda as amended, seconded by Mr.
Fetzer. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr.
Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0
vote.
9.
REGULAR AGENDA:
9.A.1. DELRAY LAKES HOMEOWNERS' ASSOCIATION TRAFFIC
ENFORCEMENT AGREEMENT: Approve an agreement between the City and the Delray
Lakes Homeowners' Association allowing the Delray Beach Police Department to enforce local
and state traffic laws on its property.
Mayor Perlman declared a conflict of interest and passed the gavel to Vice Mayor
Ellis and stepped down from the dais.
Mr. Levinson moved to approve the agreement between the City of Delray Beach
and the Delray Lakes Homeowners' Association allowing the Delray Beach Police Department
to enforce local and state traffic laws on its property, seconded by Mrs. Montague. Upon roll
call the Commission voted as follows: Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague -
Yes; Vice Mayor Ellis - Yes. Said motion passed with a 4 to 0 vote.
9.A. APPEAL OF THE HISTORIC PRESERVATION BOARD'S DECISION
ASSOCIATED WITH 711 NORTH SWINTON AVENUE: Consider an appeal of the
Historic Preservation Board's decision for 711 North Swinton Avenue, located in the Del-Ida
Park Historic District. (Quasi-Judicial Hearing)
Mayor Perlman read the City of Delray Beach Quasi-Judicial rules into the record
for this item and all subsequent Quasi-Judicial items.
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give
testimony on this item.
Mayor Perlman asked the Commission to disclose their ex parte communications.
Mr. Levinson stated he received emails from the property owner and these have been forwarded
to the City Clerk. Mrs. Montague stated she had no ex parte communications to disclose. Mayor
Perlman stated he received emails from the applicant. Mrs. Ellis and Mr. Fetzer had no ex parte
communications to disclose.
Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning
Department proj ect file #2006-066 into the record.
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04/04/06
Mr. Dorling stated in December 2005 the applicant submitted a COA application
for the partial demolition of a structure built in 1962 and construction of a two-story addition
with attached two-car garage. The approved development proposal includes retaining
approximately 800 square feet ofthe existing structure and constructing a 3,475 square foot, two-
story addition including a two-car garage.
Mr. Dorling noted that adjacent structures are approximately 1,600 square feet
and 2,300 square feet. The Board had a discussion this and recommended approval of the
project. Staff received two letters of appeal from two adjacent property owners (701 N. Swinton
Avenue and another at 109 N.E. 7th Street) urging the Commission to reverse HPB's decision.
At this point, the appellant came forward to speak:
Livia Landry. 701 N. Swinton Avenue. Delrav Beach (Del-Ida Park Historic
District). expressed concern over the increasing number of large project proposals coming into
this district. She stated the proposed proj ect is a partial demolition with the total square footage
of 4,275 square feet being the final project. Mrs. Landry stated this project is too large for the
historic district and in her opinion it jeopardizes the integrity and character of the neighborhood.
Warren Adams. 1020 N.W. 8th Street. Bovnton Beach (Executive Director
for the Broward Trust for Historic Preservation). representing the appellant, read his
credentials into the record and stated the actions taken by the Historic Preservation Board (HPB)
are: (1) inconsistent with the LDR's, (2) inconsistent with the Delray Beach Historic
Preservation Design Guidelines, (3) inconsistent with the Interior Standards for Rehabilitation,
and (4) inconsistent with their own direction of January 18, 2006. He stated the report from
March 1, 2006 states several times that the addition is not comparable with the historic building
stock in terms of height, massing, scale and front facade proportion as comparable to in-fill
structures. In his professional opinion, one cannot compare the two because one is an in-fill
structure and one is an addition. He stated the approval is based on a comparison based on in-fill
structures which are generally new construction; this is an addition to the existing structure and
the two cannot be compared. He stated in a historic district one should consider the surrounding
buildings and the compatibility of the addition in terms of size, scale, materials, mass and roof
form. Mr. Adams also stated that one should ensure that the addition is secondary and
subordinate to the main mass of the historic building. Additions that overwhelm the original
building are not an acceptable solution. He displayed a photograph of the streetscape (looking
north along N. Swinton Avenue) and noted there are single story dwellings along the stretch of
N. Swinton Avenue and it is identical to the south (single story low rise dwellings). Mr. Adams
stated HPB's decision was inconsistent with the "Secretary of Interior Standards for
Rehabilitation" (guidelines used throughout the Country for any additions or alterations to
historic buildings). He stated any new addition shall be compatible with the massing, size, scale
and architectural features to protect the historic integrity of the property and its environment.
Also, Mr. Warren stated that the HPB did not follow through on its own direction from its
January meeting. In summary, Mr. Adams stated they believe that HPB's decision is
inconsistent with the LDR's with regard to Appendix "A" Section 4.5.1(E)(7), Section
4.5.1(E)(8)(a)(b) & (;). He stated the approval is based on a comparison based on in-fill
structures which are generally new construction; this is an addition to the existing structure and
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04/04/06
the two cannot be compared. The height of the adjacent buildings has not been taken into
account and the new property is not visually compatible with the building, mass, and the historic
sites, buildings and structures in the historic district. Furthermore, Mr. Adams stated the HPB
decision is inconsistent with the Design Guidelines under the Section entitled "Additions" and
believes is not inconspicuous, the second story is not stepped back, the surrounding buildings
and compatibility of the additions have not been considered and the addition overwhelms the
main building, and is inconsistent with the "Secretary of Interior Standards for Rehabilitation"
because the addition is not compatible with the massing, size, and scale of the historic
environment. Therefore, the historic environment is not being protected and he feels that the
HPB's decision is inconsistent with its own direction of January 18, 2006, as they directed that
the massing and scale would be kept to a minimum and he does not feel that this has been done.
Mr. Adams stated he does believe that this home can be designed appropriately and done in the
character and scale of the historic area.
The City Attorney stated the other appellant also adopts the statements by Mr.
Adams.
David Rosenbom. owner of 711 N. Swinton Avenue. Delray Beach. stated the
project has been drawn within the guidelines and he submitted photographs into the record.
Rob Mannweiler. 109 N.E. 7th Street. Delray Beach (one of the appellants).
stated his lot was purchased in 1998 (vacant lot at the time). He decided to move into the
historic district and build a home (approximately 2800/2900 square feet) and this was in line
with all the other properties in the neighborhood with regard to square footage. Mr. Mannweiler
stated the proposed home is approximately 4,200/4,300 square feet which is by far the largest
home in the entire district. He expressed concern that building a home of this size will set a
precedent where every home in the historic district is going to be this square footage or if not
greater.
Mayor Perlman stated if anyone from the public would like to speak in favor or in
opposition of the appeal, to please come forward at this time.
Hayden Burrus. 10 N.E. 6th Street. Delray Beach. stated this is a 4,400 square
foot home and urged the Commission to overrule the HPB. He stated the home immediately
adjacent to him (527 N. Swinton Avenue) is also proposed to have over a 4,000 square foot
home. Mr. Burrus stated this does not just involve one home but involves the entire
neighborhood (Del-Ida Historic Park District). He urged the Commission to not approve this
project because the entire neighborhood is going to be lost.
Carolyn Patton. 1020 Tamarind Road. Delray Beach. (also a property holder
in the Marina Historic District). strongly supports this appeal of the HPB's decision associated
with 711 N. Swinton Avenue. Ms. Patton stated this is the first time ever she recalls the
neighbors bringing an appeal to the City Commission and urged the Commission to support this
appeal.
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04/04/06
Sandee Hoeslev. owner of 1109 Beach Drive & owns historic property at 515
N. Swinton Avenue. Delrav Beach. stated she has spent one year with the HPB trying to restore
the home in the historic area which is a few houses down from the proposed home. She feels a
happy medium should be reached for everyone. Ms. Hoesley stated her home on Beach Drive is
a single family 1950's home and next to her are huge 8,000 square feet homes being built
because the property is so valuable that no one is going to replicate her 2,700 square foot 1950's
home. She stated property in the historic district is becoming more valuable and people are not
going to build single story 1,600 square foot homes there. Ms. Hoesley stated it should be
consistent and does not understand why this historic pocket is any more valuable to the City than
all the homes going up on Beach Drive. She does not understand how the proposed project is
deemed historic.
Lois Brezinski. 110 N.E. 7th Street. Delrav Beach Oives in a 1926 Historic
Home) stated she has attended numerous City Commission meetings and Historic Preservation
Board meetings. She lives next door to a 1 acre vacant lot that is under a proposed development
and stated this is an issue about guidelines. She stated by purchasing in the Historic District she
thought she was protected against certain types of development and she felt that she was always
going to be living in a neighborhood that reflected the historic charm. Ms. Brezinski urged the
Commission to protect the historic district because it is one of the very few things that Delray
Beach has in terms of history and charm.
Mark Fields. 414 Seasaee Drive #5. Delrav Beach. stated he thinks it is
wonderful that the owner would like to put a proposed addition to his home; however, it is not
allowed in a historic district. He stated there are signs that designate the historic district and
stated if no one is going to abide by what the district guidelines are then he feels the blue signs
should be pulled down in every historic district. He stated if someone wants a huge mansion
they can build on the beach or somewhere other than a historic district and asked that the
guidelines in the historic district be respected. Mr. Fields urged the Commission to really
consider this.
Shannon Dawson. 527 N. Swinton Avenue. Delrav Beach. stated she concurs
with comments expressed by Mr. Fields and feels that property rights need to be respected. She
stated that HPB is doing everything possible to protect the historic districts without completely
removing the property rights of those who live within the district. Ms. Dawson stated she is just
trying to make her property livable.
Scott Correale. 527 N. Swinton Avenue. Delrav Beach. stated he has met many
people over the last year that have come before the HPB and the City Commission meetings and
noted people who want to come into this area have a passion for this area. He stated then
someone with the passion goes to purchase and has to go through the process and feels that the
process is broken. He urged the Commission to not penalize the people who want to come in
and build a nice home.
There being no one else from the public who wished to address the Commission
regarding the appeal, the public hearing was closed.
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04/04/06
The following individuals came forward to give a brief rebuttal:
David Rosenbom. 711 N. Swinton Avenue. Delrav Beach. stated he is
embarrassed by this situation and feels like this situation is the neighborhood against him. He is
surprised by the impact. He thanked the HPB for their comments that have been able to help him
do this project.
Warren Adams. t020 N.W. 8th Street. Bovnton Beach (Executive Director for
the Broward Trust for Historic Preservation). speaking on behalf of both appellants, stated
people who live in historic districts also have property rights and people have a choice build a
5,000 square foot house or build a 15,000 square foot house and they also have the choice to not
live in a historic district. He stated if someone chooses to have an architect who cannot design
an appropriate building for the historic area it is their choice. He stated generally people who
purchase in a historic area generally do so because they like the character, ambience, scale, and
architecture, etc. He stated there are plenty of other vacant lots in the City of Delray Beach that
are available to build houses. Mr. Adams stated you want to retain the feeling of the area and by
building larger homes in the historic district this feeling will be lost.
Mrs. Ellis asked if Mr. Adams had any contact with the property owner while he
was employed as a Planner with the City of Delray Beach. In response, Mr. Adams stated he had
no contact with the property owner.
At this point, the City Attorney briefly reviewed the Board Order with the
Commission who made findings according to their consensus (attached hereto is a copy and
made an official part of the minutes).
Mr. Fetzer moved to approve the Board Order, seconded by Mr. Levinson. Upon
roll call the Commission voted as follows: Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor
Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes. Said motion to approve the Board Order
passed with a 5 to 0 vote.
At this point, the time being 7:16 p.m., the Commission moved to the duly
advertised Public Hearings portion of the Agenda.
to.
to.A. ORDINANCE NO. t6-06 (SECOND READING/SECOND PUBLIC
HEARING): City initiated amendment to the Land Development Regulations (LDR) regarding
Subsection 4.3.4(J)(4)(b), "Allowances", to provide for modifications to performance standards
and to require workforce housing. Prior to consideration of passage of this ordinance on Second
and FINAL Reading, a public hearing has been scheduled to be held at this time.
PUBLIC HEARINGS:
The caption of Ordinance No. 16-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRA Y BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF
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04/04/06
ORDINANCES OF THE CITY OF DELRA Y 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 SAVING CLAUSE AND
AN EFFECTIVE DATE.
(The official copy of Ordinance No. 16-06 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance. A public hearing was held
having been legally advertised in compliance with the laws of the State of Florida and the
Charter of the City of Delray Beach, Florida.
Mayor Perlman stepped down from the dais and passed the gavel to Vice Mayor
Ellis.
Paul Dorling, Director of Planning and Zoning, stated this ordinance relates to
Section 4.3.4(J) which allows for an increase in height between 48 feet and 60 feet in certain
areas through the conditional use process. He stated if one chooses to go over 48 feet it requires
you to provide 20% of those additional units that you would get with the extra floor as workforce
units. The 20% can be anywhere in the development or they contribute the monies to the CLT as
provided.
At its meeting of February 27, 2006, the Planning and Zoning Board considered
the proposed ordinances. 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.
Mayor Perlman returned to the dais.
Mayor Perlman declared the public hearing open. There being no one from the
public who wished to address the Commission regarding Ordinance No. 16-06, the public
hearing was closed.
Mr. Levinson moved to approve Ordinance No. 16-06 on Second and FINAL
Reading, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mrs.
Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson -
Yes. Said motion passed with a 5 to 0 vote.
10.B. ORDINANCE NO. 17-06 (SECOND READING/SECOND PUBLIC
HEARING): City initiated amendment to the Land Development Regulations (LDR) Section
4.4.6, "Medium Density Residential (RM) District"; Section 4.4.9, "General Commercial (GC)
District"; and Section 4.5, "Overlay and Environmental Management Districts", to include
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04/04/06
references to aspects of the Workforce Housing Ordinance for RM zoned properties that are part
of the Workforce Housing Overlay Districts; and includes additional workforce housing overlay
districts in the RM district and includes an incentive to build workforce housing in the GC
district. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a
public hearing has been scheduled to be held at this time.
The caption of Ordinance No. 17-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRA Y BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES OF THE CITY OF DELRA Y BEACH, BY
AMENDING SECTION 4.4.6 "MEDIUM DENSITY
RESIDENTIAL (RM) DISTRICT", SUBSECTION 4.4.6(D),
"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 SAVING CLAUSE AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 17'-06 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance. A public hearing was held
having been legally advertised in compliance with the laws of the State of Florida and the
Charter ofthe City of Delray Beach, Florida.
Paul Dorling, Director of Planning and Zoning, stated this ordinance amends the
RM (Medium Density Residential) section as well as the GC (General Commercial) section
which makes reference to allowing workforce housing units as a density bonus up to 18 units to
the acre and makes reference to an overlay district. The GC property that is included is the Swap
Shop (old drive-in) on North Federal Highway and the balance of the RM areas are those that are
east ofI-95 and west of the coastal high hazard area.
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04/04/06
At its meeting of February 27, 2006, the Planning and Zoning Board considered
the proposed ordinance. One member spoke in support of the amendment and after reviewing
the staff report, the Board voted 7 to 0 to recommend approval of the related ordinance.
Mayor Perlman declared the public hearing open. There being no one from the
public who wished to speak in favor or in opposition of Ordinance No. 17-06, the public hearing
was closed.
Mrs. Montague moved to approve Ordinance No. 17-06 on Second and FINAL
Reading, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mayor
Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes.
Said motion passed with a 5 to 0 vote.
10.C. ORDINANCE NO. 18-06 (SECOND READING/SECOND 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 ofI-95 and west of the Intracoastal
outside of the coastal high hazard area for properties predominantly zoned RM (Medium Density
Residential). Prior to consideration of passage of this ordinance on Second and FINAL Reading,
a public hearing has been scheduled to be held at this time.
The caption of Ordinance No. 18-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRA Y BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES, BY AMENDING ARTICLE 4.7,
"FAMILYIWORKFORCE HOUSING", PROVIDING FOR
REGULATIONS AND INCENTIVES TO BUILD WORKFORCE
HOUSING AND ENSURING THAT THE CITY HAS
SUFFICIENT F AMIL 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 SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 18-06 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance. A public hearing was held
having been legally advertised in compliance with the laws of the State of Florida and the
Charter ofthe City of Del ray Beach, Florida.
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04/04/06
Paul Dorling, Director of Planning and Zoning, stated this ordinance is for the in-
fill workforce housing area (east of 1-95 and west of the coastal high hazard area for all RM
(Medium Density Residential) zoned properties as well as the swap shop area. This also
increases the restrictions for the time frames that workforce units need to remain affordable. It
has been increased from 30 to 40 years.
At its meeting of February 27, 2006, the Planning and Zoning Board considered
the proposed ordinance and voted 7 to 0 to recommend approval.
Mayor Perlman declared the public hearing open. There being no one from the
public who wished to address the Commission regarding Ordinance No. 18-06, the public
hearing was closed.
Mr. Fetzer moved to approve Ordinance No. 18-06 on Second and FINAL
Reading, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs. Ellis-
Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes.
Said motion passed with a 5 to 0 vote.
10.D. ORDINANCE NO. 19-06 (SECOND READING/SECOND 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. Prior to consideration of passage of this
ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this
time.
The caption of Ordinance No. 19-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRA Y BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES BY AMENDING 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 SAVING CLAUSE AND
AN EFFECTIVE DATE.
(The official copy of Ordinance No. 19-06 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance. A public hearing was held
having been legally advertised in compliance with the laws of the State of Florida and the
Charter of the City of Delray Beach, Florida.
Paul Dorling, Director of Planning and Zoning, stated this ordinance requires that
20% of all residential units to be workforce units for densities that exceed 30 units to the acre
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04/04/06
and those are subject to the LDR Article 4.7 of "Family/Workforce Housing" ordinance and can
be land trust units or on-site units.
At its meeting of February 27, 2006, the Planning and Zoning Board considered
the proposed ordinance and voted 7 to 0 to recommend approval.
Mayor Perlman declared the public hearing open. There being no one from the
public who wished to address the Commission regarding Ordinance No. 19-06, the public
hearing was closed.
Mrs. Ellis moved to approve Ordinance No. 19-06 on Second and FINAL
Reading, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr.
Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis -
Yes. Said motion passed with a 5 to 0 vote.
to.E. ORDINANCE NO. 20-06 (SECOND READING/SECOND 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 oflots of record of at least 40 feet in width
for the construction of workforce housing units. Prior to consideration of passage of this
ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this
time.
The caption of Ordinance No. 20-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRA Y BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES BY AMENDING CHAPTER 4 "ZONING
REGULATIONS", SECTION 4.1.4, "USE OF LOTS OF
RECORD", BY ENACTING A NEW SUBPARAGRAPH
4.l.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 SAVING CLAUSE AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 20-06 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance. A public hearing was held
having been legally advertised in compliance with the laws of the State of Florida and the
Charter of the City of Delray Beach, Florida.
Paul Dorling, Director of Planning and Zoning, stated currently the Code requires
a buildable lot to be 50 feet or greater. He stated there are lots of records in portions of the City
that are forty feet and are now considered non-buildable. This ordinance would allow those to
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04/04/06
become buildable lots if they are built with a workforce unit and it reduces the side setback from
the standard 7 ~ feet to 5 feet to accommodate the reduction in width ofthe lot.
At its meeting of February 27, 2006, the Planning and Zoning Board considered
the proposed ordinance at their meeting of February 27, 2006, and the Board voted 7 to 0 to
recommend approval.
Mayor Perlman declared the public hearing open.
Maureen Turner. 1012 Del Harbour Drive. Delrav Beach. asked how the City
is accommodating the parking with this new density and how many units will be on this
property.
Mr. Dorling stated this is for development of single family lots that would not
create additional units and parking would be required as with any lot over forty feet (through a
driveway and a garage). The other issues about allowing an increase in densities are subject to
the LDR's and are required to provide for parking.
The City Manager stated these are lots of record which means they are lots that
have already been platted (approximately 30-40 years ago) and they have been not buildable
until now because the City would not let anything be built on the lot less than 40 feet in width.
He stated the City is not creating new lots and noted these are lots that have been in existence for
a long time and are not new lots.
There being no one else from the public who wished to address the Commission
regarding Ordinance No. 20-06, the public hearing was closed.
Mr. Levinson moved to approve Ordinance No. 20-06 on Second and FINAL
Reading, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr.
Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer -
Yes. Said motion passed with a 5 to 0 vote.
10.F. ORDINANCE NO. 14-06 (FIRST READING/FIRST PUBLIC HEARING):
Amendment to the Land Development Regulations (LDR) establishing a six (6) month
moratorium on demolitions, additions, and new construction in the City's five (5) Historic
Districts. If passed, a second public hearing will be scheduled for April 18, 2006. Prior to
consideration of passage of this ordinance on First ReadinglFirst Public Hearing, a public
hearing has been scheduled to be held at this time.
The caption of Ordinance No. 14-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CITY OF
DELRA Y BEACH, ESTABLISHING A TEMPORARY
BUILDING MORATORIUM FOR ANY DEMOLITION AND
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04/04/06
DEVELOPMENT PROPOSAL LOCATED IN ANY OF THE
CITY'S FIVE HISTORIC DISTRICTS FOR PROPERTIES
NOT ZONED COMMUNITY FACILITIES (CF) OR
COMMERCIAL BUSINESS DISTRICT (CBD) AND WHICH
EXCEED CERTAIN SQUARE FOOTAGES, AND AS
FURTHER DEFINED HEREIN FOR A PERIOD OF SIX (6)
MONTHS FROM THE DATE OF ADOPTION OF THIS
ORDINANCE; PROVIDING FOR GEOGRAPHIC AREA
COVERED; PROVIDING FOR THE DURATION OF
MORATORIUM; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 14-06 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance. A public hearing was held
having been legally advertised in compliance with the laws of the State of Florida and the
Charter of the City of Delray Beach, Florida.
Paul Dorling, Director of Planning and Zoning, stated this ordinance is to
establish a six month moratorium on any new development proposals including demolition
except for those properties which would be deemed unsafe which would be allowed to continue
to be demolished and except for new construction under 2,000 square feet and for additions
which do not exceed 50% of the primary structure. On March 6, 2006, the City Commission
supported the implementation of a six-month moratorium on any new development proposals
including, but not limited to, demolitions, new construction, and additions. During the
moratorium, staff will work with residents within the five (5) historic districts to establish an
overlay district similar to that of the Beach Property Owners Overlay District. This overlay
would place additional development regulations specific to each district, with the intent to assure
that all new development respects and is visually compatible with the surrounding neighborhood
character in terms of architectural style, scale, and massing.
At its meeting of March 20, 2006, the Planning and Zoning Board held a public
hearing and recommended approval with a 7 to 0 vote.
Mayor Perlman declared the public hearing open.
Liz Bold. 1104 Nassau Street. Delrav Beach (her street was desienated
historical bv the Historical Society in 1988) stated she is saddened by what has been going on
over the last few months with respect to the historically designated areas in Delray Beach. She
stated there must be a balance between property owners' rights and historical preservation. Mrs.
Bold stated to institute a moratorium to restrict building and progress because a minority feels
that their neighborhood is being violated is unjust and unfair to the majority of the people. She
stated these guidelines have been in place for 20 years and in her opinion a moratorium is not the
answer.
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04/04/06
JoAnn Peart. 107 N.W. 9th Street. Delray Beach. stated there are so few areas
in Delray Beach that are designated historic and feels the community needs to do whatever they
can to protect them. She stated this last appeal showed an example that we do have the tools on
the Historic Preservation Board but feels they need to be simplified so that it is easier to
interpret. Mrs. Peart stated if the moratorium is not implemented she expressed concern that
there will be other 4,200 square foot houses being built.
Shannon Dawson. 527 N. Swinton Avenue. Delray Beach. stated the guidelines
are subjective and needs help. She stated the mechanism for changing the guidelines and
amending them is already in place. Mrs. Dawson stated the changes can be made without
implementing a moratorium and noted it could take years to completely amend the guidelines.
She urged the Commission to not take away her property rights.
Scott Correale. 527 N. Swinton Avenue. Delray Beach. stated he loves Delray
Beach and is not in favor of the moratorium. He stated the moratorium could essentially have an
overall negative impact to the community.
Claudia Willis. 160 Marine Way (Marina Historic District). stated all
construction does not have to stop and noted that six months is a short time and she looks to the
HPB to protect them. She urged the Commission to respect staff and other Boards that have
voted for this prior to this Commission meeting.
Carolyn Patton. 1020 Tamarind Road. Delray Beach. (also a property holder
in the Marina Historic District), thanked the City Manager and the other Boards who have
approved this as a property owner in a historic district because she has spent the last 25 years
preserving their historic property by investing in it (i.e. making sure the windows and colors
match, etc.). In her opinion, Ms. Patton stated the moratorium is protecting her property rights
and feels that the majority of the people who own historic homes in the historic districts welcome
this moratorium.
Livia Landry. 701 N. Swinton Avenue. Delray Beach (Del-Ida Park Historic
District). stated in this situation she feels that the moratorium is necessary because the
community is in jeopardy of the historic districts disappearing. She feels that staff needs to
revisit the guidelines and the LDR's and come up with specific information so that existing
homeowners, potential homeowners, and developers have specifics that they can work with that
will alleviate all this pressure that everyone is under. She urged the Commission to rule in favor
of the moratorium.
Lois Brezinski. 110 N.E. 7th Street. Delray Beach (lives in a 1926 Historic
Home). supports the moratorium and feels it will give time to explain the present guidelines to
the Board so that when people come before them the process is very clear.
Andrea Harden. 516 N. Swinton Avenue. Delray Beach, stated she attended the
March 1, 2006 meeting where the HPB discussed the house that the Commission voted on earlier
this evening and they stated publicly that they felt they needed more guidance as to square
footage (i.e. what is acceptable and what is not). She urged the Commission to approve the
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04/04/06
moratorium now to give more guidance to the present HPB.
There being no one else from the public who wished to address the Commission
regarding Ordinance No. 14-06, the public hearing was closed.
The City Attorney requested that the last sentence in Section 1, Page 3 of the
ordinance be omitted.
Brief discussion by the Commission followed.
Mr. Levinson asked staff if there is a linkage between the moratorium and
providing clarity. In response, Mr. Dorling stated that there is a linkage between the moratorium
and providing clarity. Staff would be looking to establish clear guidelines with respect to what is
considered compatible (i.e. comparison of floor area ratios or square footages). Mr. Levinson
asked if the floor area ratios and other criteria be done without a moratorium. Mr. Dorling stated
this could be done; however, staff would be continuing to receive applications which may not be
consistent or compatible with the neighborhood. Mr. Levinson stated he does not support
moratoriums and feels everything that is needed is in the Code now.
The City Manager stated it is important to provide clarity to applicants as well.
As has been stated this evening, applicants are spending money to develop plans because the
guidelines are subjective and they do not know what is allowed and what is not. He stated there
is a pause here to provide the guidance so the applicants do not waste money and staff time.
Mrs. Ellis stated she is not in favor of moratoriums; however, in this situation she
feels it is appropriate because it is not just the HPB that needs clarity it is also for the applicants.
Mrs. Ellis referred to the process that Mrs. Dawson went through because of lack of clarity and
stated the moratorium will allow staff to step back so that an applicant does not have to
continually bring in plans to address the concerns of a Board that are not specific or vague.
Therefore, Mrs. Ellis stated she does support this moratorium and feels it is greatly needed for
historic districts.
Mr. Fetzer stated he does not support moratoriums; however, he feels this is a
situation where we need more specific guidelines not only for HPB but for the applicants as well.
Therefore, Mr. Fetzer stated he too supports the moratorium.
Mrs. Montague inquired about the process. Mr. Dorling gave a brief explanation
regarding the process an applicant goes through. Mrs. Montague stated in her opinion the
guidelines do need to have more specific language so that an applicant knows what they can or
cannot do. She stated she is not a fan of moratoriums; however, she would like the public,
residents, and specifically the applicants to understand that we are going to work in a timeframe
to tighten the language so that it will be very clear about what they can and cannot do.
Therefore, Mrs. Montague stated she supports this moratorium.
Mayor Perlman echoed comments expressed by the rest of the Commission and
stated he too is not a big fan of moratoriums either. He stated his hope and expectation is that
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04/04/06
this will not take longer than six months and is not in favor of extending it beyond six months.
He does feel there is a need for clearer language. Mayor Perlman stated he appreciates what
Commissioner Levinson mentioned but he feels if we work simultaneously on the guidelines
what we will see is a rush of applications of people getting in before any changes to the rules are
made which will add to the confusion and staff time, etc. Therefore, Mayor Perlman stated he
supports the moratorium as well.
Mr. Fetzer moved to approve Ordinance No. 14-06 on First Reading/First Public
Hearing, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs.
Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - No.
Said motion passed with a 4 to I vote, Commissioner Levinson dissenting.
At this point, the Commission moved to Item 11, Comments and Inquiries on
Non-Agenda Items from the City Manager and the Public.
11.A.
Citv Manal!er's response to prior public comments and inauiries.
The City Manager had no response to prior public comments and inquiries.
11.B.
From the Public.
11.B.1. IIvne Cooper. 2200 Riviera Drive. DeIrav Beach. presented a petition to the
City Commission with 872 signatures from Country Manors, Rainberry Bay, and Rainberry
Lakes requesting them to intercede in the deplorable state of the appearance of Lake Ida Road.
She urged the Commission to ask for monies from the Community Redevelopment Agency
(CRA) to be channeled into this area.
I1.B.2. Al Sarro. 123 Mockinl!bird Lane. Delrav Beach (Countrv Manors). echoed
comments expressed by Ms. Cooper and expressed concern over the conditions on Lake Ida
Road and Military Trail. He stated there are many abandoned cars, bathtubs, etc. and urged the
Commission to send the Code Enforcement officers to this area to correct this situation.
11.B.3. Bunnv Elrod. 302 S.W. 1st Avenue. DeIrav Beach. speaking on behalf of
Progressive Residents of Delray (P.R.O.D.), she congratulated the new members of the City
Commission and thanked all the candidates for their support with regard to televising the City
Commission meetings.
11.B.4. Maureen Turner. 1012 Del Harbour Drive. Delrav Beach (realtor). expressed
concern over the noise from the Linton Boulevard Bridge and stated there is something that can
be placed on the bridge to stop the noise. She stated the City Commission is welcome to come to
her home and listen to the noise generated from the bridge and urged them to ask the Palm Beach
County Commission if something can be done. Ms. Turner stated certain homes in her
neighborhood are not selling because of the noise generated from the bridge.
11.B.5. Dr. Josh Smith. Jr.. 3616 Avenue De Gien. Delrav Beach. stated black youth
should be given the same opportunities as anyone else to pursue happiness with regard to
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04/04/06
activities characteristic of their age group. He stated "Jump Shots Sports Bar & Billiards"
located at Lake Ida Plaza was formerly known as "Shootersville Billiards" from 1999 up until
approximately ten months ago. He stated on March 22, 2006, a Delray Beach Code Enforcement
officer entered "Jump Shots Sports Bar & Billiards" and cited the Manager for a violation. Dr.
Smith stated the conditional use that was approved by the City Commission in 1999 was
satisfactory for the requirement from that time up until December 2005 and asked what has
changed since then to now that makes it not satisfactory for the requirement.
11.B.6. Anthony McCray. 548 N.W. 45th Drive. Delray Beach. expressed concern over
harassment of the African-American community by the Delray Beach Police Department. He
stated in the 1950's and 1960's his parents and others had places to go for social entertainment
and everything that his parents had has now been taken away. Mr. McCray alleged that when the
African-American community tries to establish a place of entertainment they are being harassed
by the Delray Beach Police Department. He urged the Commission to investigate what is going
on.
11.B.7. Crystal Emory. 320 S. Swinton Avenue. Delray Beach. echoed comments
expressed by Mr. McCray and asked why City officials make sure that they make people feel
like they are wanted in establishments east of Swinton Avenue (downtown Delray Beach) and
not west. She asked if a meeting can be set up so that everyone can come to an agreement.
11.B.8. Michelle Humos. 5235 N.W. 6th Court. Delray Beach (Rainberry Woods).
expressed concern over harassment by the Delray Beach Police Department in front of the
facility "Jump Shots Sports Bar & Billiards". She stated the youth of the African-American
community are being treated like criminals and noted that anything for black entertainment for
youth has been shut down in Delray Beach.
11.B.9. Trenton Cleckley. 310 N.W. 5th Avenue. Delray Beach. stated 15 years ago he
opened up a hip hop teen club called "The Boom Room" and the City of Delray Beach shut
down the club. He urged the Commission to let the community have a place for entertainment.
11.B.I0. Larry Lacey. 725 Mallard Drive. Delray Beach. stated there needs to be a
compromise between the community and the Delray Beach Police Department. He stated he has
seen where the attendance is beyond specific times at "Shootersville Billiards" which is in the
same location as "Jump Shots Sports Bar & Billiards"; however, he stated that this is dealing
with a different clientele. Mr. Lacey stated Code Enforcement is being sent to "Jump Shots
Sports Bar & Billiards" because of its clientele.
11.8.11. Trenton Cleckley. II. 305 N.W. 5th Avenue. Delray Beach. stated once the
youth had no place to go for entertainment they started going to Pompey Park to socialize and be
with friends. He asked why the Police Department continues to harass them and discourage
them from being together to socialize.
I1.B.12. Frank Jacobs. (former resident of Delray Beach). stated he recently returned
from Iraq and stated many years ago he had a problem with a Delray Beach Police Officer. He
stated he understands what is happening with the youth and commented that these kids have no
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04/04/06
place to go. He stated if the City of Delray Beach continues to shut down these places where the
young people congregate then the City is asking for trouble. He urged the Commission to
seriously consider and investigate what the Delray Beach Police Officers are doing.
11.B.13. Dorothy Ford. 624 Hummine:bird Lane. Delray Beach. stated she moved to
Delray Beach in February 1993 and is proud of the improvements in the downtown area;
however, she would like to see these improvements for the Lake Ida Road area and the entire
City brought up to standard.
11.B.14. Alice Finst. 707 Place Tavant. Delray Beach. representing the Homeowners'
League of Chatelaine and Progressive Residents of Delray (P.R.O.D.), stated since December
2005, the pickups have been routinely missed. She was informed by the City Manager that the
company had been fined $6,000.00 because of the missed pickups. However, Mrs. Finst stated
once again they were missed twice in March 2006. She thanked Mr. Oliver and Mr. Meteer from
Code Enforcement for their work. Mrs. Finst stated in her opinion, the system of fines is not
working and she urged the Commission to review this and would like to have an understanding
that the residents will get their pickups on the scheduled day so they do not sit through the
weekend. She stated many places have a call service where appliances can be picked up and
commented that the neighborhood would look better if they did not have to look at 6 foot high
refrigerators through an entire weekend. In addition, she stated there was a 28 x 10 foot high
trailer which was extending 4 feet into the street for several days and according to the City's
website, there is someone who manages bulk pick up. She asked when this person monitors the
bulk pick up if they see something such as this if they could put a label on it to remind people
that they cannot have this kind of thing in the community.
The City Manager stated the Commission did approve allowing Waste
Management to assign some of their bulk pickup to another company because they agree that
they have not been able to keep up with the volume since the hurricane so they are bringing in a
second company to help out. He stated this was approved this evening on the Consent Agenda.
At this point, the time being 8:20 p.m., the Commission moved to Item 9.B. of
the Regular Agenda.
9.B. CONDITIONAL USE REQUEST/PARC PLACE NORTH AT DELRAY
BEACH: Consider a request to allow a free-standing multiple family residential development as
part of a mixed-use development in the General Commercial (GC) zoning district for Parc Place
North at Delray Beach, located at the east side North Federal Highway, approximately 860 feet
south of Gulf Stream Boulevard. (Quasi-Judicial Hearing)
Mayor Perlman read into the record the City of Delray Beach procedures for a
Quasi-Judicial Hearing for this item and all subsequent Quasi-Judicial items.
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give
testimony on this item.
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04/04/06
Mayor Perlman asked the Commission to disclose their ex parte communications.
Mrs. Montague, Mayor Perlman, Ms. Ellis and Mr. Fetzer had no ex parte communications to
disclose. Mr. Levinson stated he had a conversation with the developers.
Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning
Department project file #2005-385 into the record.
Mr. Dorling stated this is a 3.85 acre property on North Federal Highway and is in
the Redevelopment Area and Overlay District and is zoned GC (General Commercial). The
applicant proposes demolition of the existing residential and commercial structures and
construction of a new multiple family and mixed use development. The mixed use project would
front on Federal Highway and would include approximately 6,435 square feet of retail floor area,
and 35,647 square feet of office floor area along with 30 condominium residential units. To the
rear and adjacent the single family developments in Gulf Stream would be an additional 15
townhouse units. The stand alone multi family piece is allowed as a conditional use in the GC
zoning district. The development proposal is outside the area that is subject to the Downtown
Design Guidelines, which apply to CBD zoned properties only.
At its meeting of March 20, 2006, the Planning and Zoning Board held a public
hearing in conjunction with the request and after discussing the proposal, the Board voted 7-0 to
recommend approval.
Dale Meaux. API Group (Architect with the project). stated they want to work
with the City and community of Gulf Stream and have been revising this project as they receive
staffs comments and concerns trying to address the conditions of approval.
Mayor Perlman stated if anyone from the public would like to speak in favor or in
opposition of the conditional use, to please come forward at this time. There being no one else
from the public who wished to address the Commission, the public hearing was closed.
Mrs. Montague inquired about whether the gate is going to be unmanned. In
response, Mr. Meaux stated that the gate will be unmanned.
Brief discussion between Mrs. Montague and the Architect followed regarding the
landscaping. Mrs. Montague commented about the heavy landscaping along the Gulf Stream
side and she is hoping that the same due care is taken for the residents that are going to be living
in those units.
Mrs. Ellis asked if the garages are single or double garages. In response, Mr.
Meaux stated all the garages are double garages and all the first floor units have two parking
spaces per unit and a garage.
Brief discussion followed between the Commission and the Architect.
William H. Thrasher, Town Manager for the Town of Gulf Stream, stated he is
okay with the project and feels the applicant has made several concessions in particular as it
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04/04/06
relates to the electric service being underground. Mr. Thrasher offered his assistance with regard
to burying the power lines as it relates to easements in the town.
Brief discussion by the Commission followed.
The City Attorney reviewed the Board Order with the Commission who made
findings according to their consensus (attached hereto is a copy and made an official part of the
minutes).
It was the consensus of the Commission to approve the conditional use request
with conditions as listed in the staff report.
Mr. Levinson moved to approve the Board Order, seconded by Mrs. Ellis. Upon
roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer
- Yes; Mr. Levinson - Yes; Mrs. Montague - Yes. Said motion passed with a 5 to 0 vote.
9.C. CONDITIONAL USE REQUEST/ROYAL PALM CLUB AT DELRAY
BEACH: Consider a request to allow a free standing multiple family residential development as
part of a mixed-use development in the General Commercial district for Royal Palm Club at
Delray Beach (fka Ralph Buick Site), located at the northeast comer of Fladell's Way and South
Federal Highway. (Quasi-Judicial Hearing)
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give
testimony on this item.
Mayor Perlman asked the Commission to disclose their ex parte communications.
Mr. Levinson stated he reviewed the project with the developers and their attorney. Mayor
Perlman stated he reviewed the project with the applicant. Mrs. Montague had no ex parte
communications. Mrs. Ellis stated she had a conversation with Michael Weiner. Mr. Fetzer
stated he had discussions with the Tropic Bay and Tropic Isle Homeowner Associations
regarding the project and also received a telephone call from Michael Weiner today.
Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning
Department proj ect file #2006-040 into the record.
Mr. Dorling stated this is a 6.28 acre site which is currently zoned GC (General
Commercial) and contains four buildings that were previously the site of Ralph Buick on South
Federal Highway. This includes the demolition of existing buildings and the construction of a
mixed use development as will as a stand alone townhouse development. The mixed use portion
of the development will be along Federal Highway and would include approximately 13,781 of
retail area, approximately 13,900 square feet of office floor area and 16 condominium residential
units along the west portion of the site. The multiple family portion of the development consists
of 59 townhouse dwelling units to be located along the east portion of the site.
At its meeting of February 27,2006, the Planning and Zoning Board held a public
hearing in conjunction with the request. After discussing the proposal, the Board recommended
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04/04/06
approval subject to the seven conditions listed on pages 13 & 14 of the Planning and Zoning
Staff Report.
Michael Weiner. Attornev with Weiner & Aronson. P.A.. 102 N. Swinton
Avenue. Delrav Beach. representing the applicant, briefly reviewed the architectural renderings
and the townhouse elevations. He discussed the Comprehensive Plan and stated there are two
parts (Comprehensive Plan and the LDR's). The Comprehensive Plan requirements are (1)
compatibility, (2) concurrency, and (3) consistency and the staff report demonstrates that these
three items are met. He stated one of the most important policies is Housing Policy A-12.3 (page
4 of the Planning and Zoning staff report). Mr. Weiner stated with regard to the conditions of
approval he expressed concern over condition #5 and condition #7.
Mayor Perlman stated if anyone from the public would like to speak in favor or in
opposition of the conditional use request, to please come forward at this time. There being no
one from the public who wished to address the Commission, the public hearing was closed.
Mr. Dorling and Mr. Weiner gave brief rebuttal remarks.
Brief discussion between staff, the Commission, and the Architects followed.
Mr. Fetzer stated when he met with the Tropic Isle and Tropic Bay Associations
regarding this they were overall in favor of the project; however, they expressed concern over the
off-street parking along Florida Boulevard and why this is necessary. He asked why this is a
requirement. In response, Mr. Dorling stated this is not a requirement but it is encouraged. Mr.
Dorling stated given those units along the east and the lack of parking that is available to their
guests he believes that they will be utilized. He stated when the association starts ticketing
people for parking in the road because they cannot fit in the garage most of the spaces will be
utilized by the residents of those townhouses.
Robert Mathias. New Century Companies. stated in his opinion the parallel
parking creates character to the front elevations and the entire streetscape.
Mrs. Montague inquired about the "bump out" and asked if this will appear to be
a flat surface as opposed to putting some effort into creating something of a much more
architectural interest on the second and third floor.
The City Attorney reviewed the Board Order with the Commission who made
findings according to their consensus (attached hereto is a copy and made an official part of the
minutes).
The City Attorney noted that SPRAB will address condition #5.
Mr. Weiner reiterated that he objects to condition #7.
Prior to the vote, Mayor Perlman stated he does not agree with condition #7;
however, he will support the conditional use.
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04/04/06
Mr. Fetzer moved to approve the conditional use request subject to the six
conditions with 4-foot requirement (condition #5) to be addressed by the SPRAB, seconded by
Mrs. Ellis. Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes;
Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote.
9.D. 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)
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give
testimony on this item.
Mayor Perlman asked the Commission to disclose their ex parte communications.
Mrs. Montague stated she received a telephone from Bob Costin on behalf of a neighboring
property owner and received a telephone call from Michael Weiner but was not able to return the
call. Mr. Levinson, Mayor Perlman, Mrs. Ellis, and Mr. Fetzer disclosed the same ex parte
communication as Mrs. Montague.
Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning
Department project file #2006-125 into the record.
Mr. Dorling stated this is a 1.923 acre site located on the west side of Wallace
Drive north of Linton Boulevard. The proposal is for a 246 parking lot 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.
Outdoor storage of new and used vehicles is allowed as a conditional use within the MIC Zone
District.
At its meeting of February 27,2006, the Planning and Zoning Board held a public
hearing and the Board voted 7 to 0 to recommend approval of this proposal. Staff also
recommends approval.
Michael Weiner, Attorney with Weiner & Aronson, P.A., 102 N. Swinton
Avenue, Delray Beach, representing the applicant (Maroone Ford), stated the perimeter will be
heavily landscaped and this will be looked at when it goes before SPRAB. He stated they agree
with all the conditions of approval. He stated they have met all the ordinances.
Mayor Perlman stated if anyone from the public would like to speak in favor or in
opposition of the conditional use, to please come forward at this time. There being no one from
the public who wished to address the Commission, the public hearing was closed.
Mr. Levinson commented about the surface parking lots. He stated he feels there
are plenty of things that can be done instead of building another surface lot on an area that
specifically in the overlay calls for a variety of uses.
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04/04/06
The City Attorney reviewed the Board Order with the Commission who made
findings according to their consensus (attached hereto is a copy and made an official part of the
minutes).
Mrs. Ellis moved to approve the Board Order as set forth, seconded by Mrs.
Montague. Upon roll call the Commission voted as follows: Mr. Fetzer - Yes; Mr. Levinson -
No; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion passed with a 4
to 1 vote, Commissioner Levinson dissenting.
9.E. TREE REMOVAL POLICY/REPLACEMENT AFTER STORM EVENT:
Consider approval of a proposed policy for tree removal and replacement after a major storm
event.
Lula Butler, Director of Community Improvement, stated staff has developed a
policy on how the City will handle the removal of trees, maintenance and the replacement of
landscape materials in the event of storms. With regard single family residences, within the first
60 days after a major storm or hurricane any trees can be removed without permits. After 60
days one would have to come in and ask the City permission to remove the trees. The single
family homeowners would have up to one year to replace their landscape materials. Multi-
family and duplexes would have 30 days to remove any nuisances they may have and after that
they would like people to come in for a permit. Staff found that in some multi-family
subdivisions they take advantage of removing trees because people are afraid of trees after a
hurricane and start taking things out that they are actually required to have and the same goes for
commercial property.
Mr. Levinson asked if this is going to be a workable solution with the tree
companies and expressed concern over the tight timeframes. He asked staff if 60 and 30 days are
reasonable time frames based upon expectations of contractors. In response, Mrs. Butler stated
staff is not saying that the trees have to be removed and clarified that after that timeframe people
need to ask the City.
Mrs. Ellis stated she does not feel this is appropriate for residential properties.
She stated that multi-family, residential, and commercial have strict guidelines about what they
need to have and what they should not have. Mrs. Ellis stated the timeframes are too restrictive
and feels it would be a real imposition on the average homeowner to have to worry about getting
a permit when they want to replace a tree with another one.
Mayor Perlman stated he likes the policy; however, he understands the points
brought up by Commissioner Levinson and Commissioner Ellis. He stated he feels this will be
an affordability issue for some homeowners that are dealing with trying to get their homes back
into a safe condition. Mayor Perlman stated there needs to be a happy medium and suggested
that staff bring this to the Neighborhood Advisory Council (NAC) for their input particularly if
they go into the geographical areas and get a broader range of opinion from the various
associations.
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04/04/06
Mrs. Montague concurred with comments expressed by Mayor Perlman and does
not want to see the Commission place any artificial timeframes on the residents after the stress of
going through a storm and would like to see what a more realistic time frame would be.
9.F. ITEM REMOVED FROM AGENDA.
9.G. SPECIAL EVENT REQUEST/ART & JAZZ: Consider approval and
endorsement of Art & Jazz on the Avenue scheduled for May 11, 2006 from 6:00 rm. to 10:00
p.m.; and approve the closure of Atlantic Avenue from Swinton Avenue to N.E. i Avenue, the
south side of Atlantic Avenue from N.E. ih Avenue to just past the Blue Anchor Pub, Railroad
Drive from Atlantic Avenue to N.E. 1st Street, and N.E. 2nd Avenue from Atlantic Avenue to
N.E. 2nd Street (street closure will be from 3:00 p.m. to approximately midnight).
Robert A. Barcinski, Assistant City Manager, stated this is a request for the
Commission to endorse the next Art & Jazz on the Avenue scheduled for May 11, 2006 from
6:00 to 10:00 p.m., to grant a temporary use permit per LDR Section 2.4.6(H) for the closure of
Atlantic Avenue from Swinton Avenue to N.E. ih Avenue. Although the City is not asking to
close Atlantic Avenue west of Swinton Avenue, the event boundary will extend to NW/SW 5th
Avenue. Also being held this evening is the 9th Annual Bed Race. The estimated overtime is
$8,800.00. Based on the event agreement, the Downtown Marketing Cooperative is to pay the
City of Delray Beach 20% for all costs over $1,000. The estimated charges for this event are
$1,835.00. Staff recommends approval of this request.
Mr. Levinson stated he is not in favor of this because in addition to the sponsor he
requested that they try and put some new life into this and according to the maps nothing has
changed.
Mrs. Ellis moved to approve the special event request for Art and Jazz on the
Avenue scheduled for May 11, 2006, from 6:00 p.m. to 10:00 p.m., seconded by Mr. Fetzer.
Upon roll call the Commission voted as follows: Mr. Levinson - No; Mrs. Montague - Yes;
Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes. Said motion passed with a 4 to 1
vote, Commissioner Levinson dissenting.
12.
FIRST READINGS:
. NONE
At this point, the Commission moved to Item 13, Comments and Inquiries on
Non-Agenda Items.
13.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
B.A.
City Manaeer
The City Manager stated regarding the issue that was raised about the billiard
pallor, he stated he suspects that they have alluded to a 24-hour operation; they received the
conditional use years ago for the billiard pallor to go in there, however, the 24-hour operation is
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04/04/06
a separate conditional use to allow any kind of business that operates 24-hours. The City
Manager stated there are issues with alcohol sales and the complaints about harassment should
be referred to the Police Advisory Board. With regard to the usage of Pompey Park, the City has
received calls from neighbors and other people using the park about people hanging out in the
parking lot smoking pot and drinking alcoholic beverages and things that are not allowed. He
stated the City is trying to watch this by hiring private security because people who want to use
the park for legitimate purposes need to be able to without that kind of activity going on.
13.B. Citv Attornev
The City Attorney reminded the Commission that there will be a meeting
tomorrow at the Solid Waste Authority at 9:30 a.m. regarding the transmittal of the County
Comprehensive Plan that modifies the City's traffic concurrency exemption that we currently
have to require workforce housing in a certain framework that is acceptable to the County. The
City Attorney stated the City is opposing this.
Secondly, she stated staff had a meeting with the NIFL and they are having their
first game this week. The City Attorney stated there was discussion about the terms of the
contract and they have asked to revise the rent section from what was $15,000.00 to $8,000.00
and the compromise was that if it is $8,000.00 they will clean the stadium (the cost for cleanup is
approximately $3,000.00). It was the consensus of the Commission to go to the NIFL with this
change and then formalize the contract at a Special Workshop meeting.
13.C.
Citv Commission
13.C.!.
Mr. Fetzer
Mr. Fetzer had no comments or inquiries on non-agenda items.
13.C.2.
Mrs. Ellis
Mrs. Ellis had no comments or inquiries on non-agenda items.
13.C.3.
Mrs. Monta!!ue
Mrs. Montague had no comments or inquiries on non-agenda items.
13.C.4.
Mr. Levinson
Mr. Levinson stated he received a complaint from someone on S.W. 10th Avenue
that the Peart's have not (as the Commission had been told they were going to do), built any
buildings to house their equipment. He stated the equipment is on the lot the City sold them and
the grass is overgrown significantly. He asked Mrs. Butler to send someone from Code
Enforcement to make sure that they police the lot for trash and also make sure that the grass is
cut.
- 29-
04/04/06
Secondly, he commented about the Legislature with regard to Homestead
Exemption.
Mr. Levinson commented about an article in Civic Strategies by Otis White
talking about "Delray Beach Revisited" and stated it is a terrific article. He gave the article to
the City Clerk and stated he would like to have this posted to the City's web site.
He stated he joined the USTA and receives the Florida Tennis Magazine. He
stated the magazine is great and there is an article about Delray Beach in addition to a variety of
events including the recent tennis tournament. He commented about an article entitled "Delray
Beach Is the Finest Week ofthe Year" by John Murray.
Mr. Levinson stated there was an editorial about how cities are being allegedly
overcharged by Florida Power & Light (FPL) on street lights and commented that there are many
lights that are still out. The City Manager stated staff is working with Tony Newbold on this.
He commented about the Police Report this month regarding the mobile traffic
monitoring division. He asked the City Manager to check and see if this has been staffed with
volunteers. Mr. Levinson suggested that something be placed in the "News for Neighborhoods"
to get people to volunteer for this because it is a very good event.
Mr. Levinson stated the Board Appreciation Reception last Friday was a great
event.
Lastly, Mr. Levinson stated the Manager's Association is working on the Bird Flu
issue and commented that he and Mayor Perlman heard a presentation regarding this. Mr.
Levinson stated he had advocated at the League and also encouraged Mike Bomstein with the
Manager's Association to see if he can focus on this. Mr. Levinson stated the City of Delray
Beach has to deal with personnel administration issues and suggested that the Human Resources
Director look into this matter. The City Manager stated this has been discussed with staff and
the Emergency Management personnel are going to conferences to learn how they would handle
something of this nature.
13.e.5.
Mavor Perlman
Mayor Perlman stated he attended the Youth Enrichment Vocational Center last
Friday and was pleased to see that Officer Hart is doing a very good job. He stated there was a
gentleman whose father passed away who donated a car (a replica of a 1929 Mercedes
convertible). He stated approximately 74 children from Boynton Beach, Lake Worth and Jupiter
attend the vocational center and only about half of the children are from Delray Beach. Mayor
Perlman suggested that the school actively select those City Commissions for support and feels
some of the neighboring municipalities should kick in. He stated he committed to going with
them to talk to the various City Commissions.
- 30-
04/04/06
Secondly, he stated St. Vincent's celebrated its 50th year and Pine Grove
Elementary celebrated its 40th year. Mayor Perlman stated he would like to bring both of them in
for recognition since these are significant anniversaries.
Lastly, Mayor Perlman stated he will be in Atlantic City, New Jersey Wednesday
through Friday for the Governor's Conference regarding Cultural Tourism and he is very excited
that Delray Beach is included in this.
There being no further business, Mayor Perlman declared the meeting adjourned
at 10:25 p.m.
City Clerk
ATTEST:
MAYOR
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information
provided herein is the Minutes of the Regular City Commission Meeting held on April 4, 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 some amendments, additions or deletions as set forth
above.
- 31 -
04/04/06
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRA Y BEACH, FLORIDA
LIVIA LANDRY and ROBERT MANNWEILER,
Appellant(s),
vs.
CITY OF DELRA Y BEACH,
Appellee.
I
AMENDED
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA FOR 711 N. SWINTON AVENUE
1. This appeal of an approval of a certificate of appropriateness for a partial
demolition and major additions and alterations to the property at 711 N. Swinton
Avenue came before the City Commission on April 4, 2006.
2. The Appellants, Appellee and City staff presented documentary evidence
and testimony to the City Commission pertaining to the appeal of the certificate of
appropriateness for 711 N. Swinton Avenue. All of the evidence is a part of the record
in this case. Required findings are made in accordance with Subsections I, II and III.
I. LOR REQUIREMENTS
a. LOR Section 4.5.1 (E)(4) and 4.5.1 (E)(8)(a-k), "Development Standards"
provides guidelines in evaluating Certificates of Appropriateness for the alteration or
addition of exterior architectural features. The guidelines are as follows:
(E)(4) A historic site, or building, structure, site improvement, or appurtenance
within a historic district shall be altered, restored, preserved, repaired,
relocated, demolished, or otherwise changed in accordance with the
Secretary of Interior's Standards for Rehabilitation, as amended from time
to time.
r-f(.yv1 9.A.
(E)(8) All improvements to buildings, structures, and appurtenances shall be
visually compatible. Visual compatibility shall be determined in terms of
height, front faC{ade proportion, proportion of openings (windows and
doors), rhythm of solids to voids on front facades, rhythm of buildings on
streets, rhythm of entrance and/or porch projections, relations of
materials, texture and color, roof shapes, walls of continuity, scale of
building, directional expression of front elevation.
(a) Heiaht: The height of proposed buildings or modifications shall be
visually compatible in comparison or relation to the height of
existing structures and buildings.
Is this met?
Yes 5 No 0
(b) Front Facade Proportion: The front faCfBde of each building or
structure shall be visually compatible with and in direct relationship
to the width of the building and to the height of the front elevation of
other adjacent or adjoining buildings within a historic district.
Is this met?
Yes 0 No 5
(c) Proportion of Openinas (windows and Doors): The openings of
any building within a historic district shall be visually compatible
with the openings exemplified by the prevailing historic architectural
styles within the district. The relationship of the width of windows
and doors to the height of windows and doors among buildings
within the district shall be visually compatible.
Is this met?
Yes 0 No 5
(d) Rhythm of Solids to Voids: Front Facades: The relationship of
solids to voids in the front faC{ade of a building or structure will be
visually compatible with the front facades of historic buildings or
structures within the district.
2
Is this met?
Yes 0 No 5
(e) Rhythm of Buildinas on Streets: The relationship of buildings to
open space between them and adjoining buildings shall be visually
compatible with the relationship between historic sites, buildings, or
structures within a historic district.
Is this met?
Yes 0
No
5
(f) Rhythm of Entrance and/or Porch Proiections: The relationship
of entrances and porch projections to the sidewalks of a building
shall be visually compatible with the prevalent architectural styles of
entrances and porch projections on historic sites, buildings and
structures within a historic district.
Is this met?
Yes
o
No
5
(g) Relationship of Materials. Texture. and Color: The relationship
of materials, texture, and color of the fac;ade of a building shall be
visually compatible with the predominant materials used in the
historic sites, buildings, and structures within a historic district.
Is this met?
Yes 0 No 5
(h) Roof Shapes: The roof shape of a building or structure shall be
visually compatible with the roof shape of a historic site, building, or
structure within a historic district.
Is this met?
Yes 0 No 5
(i) Walls of Continuity: Appearances of a building or structure such
as walls, wrought iron, fences, evergreen landscape masses, or
building facades, shall form cohesive walls of enclosure along a
3
street to insure visual compatibility of the building to historic
buildings, structures, or sites to which it is visually related.
Is this met?
Yes
o
No
5
0) Scale of a Buildina: The size of a building, the building mass in
relation to open spaces, windows, door openings, balconies, and
porches shall be visually compatible with the building size and the
building mass of historic sites, buildings, and structures within a
historic district.
Is this met?
Yes
o
No
5
(k) Directional Expression of Front Elevation: A building shall be
visually compatible with the buildings, structures, and sites in its
directional character, whether vertical, horizontal, or nondirectional.
Is this met?
Yes
o
No
5
Have the overall objectives of the LOR's been met?
Yes 0 No 5
II. DELRAY BEACH HISTORIC PRESERVATION DESIGN GUIDELINES:
a. The Delray Beach Historic Preservation Design Guidelines
recommends the following with respect to additional height and new
construction/infill :
· For buildings where additional height is allowed, stepping back the
upper stories may help to minimize the difference as viewed from
the street.
· All infill must be compatible with the surrounding buildings and yet
must be differentiated from the historic building stock.
· The height of any new building should be similar to those of other
buildings along the streetscape.
· The new construction should be compatible with the width of the
surrounding buildings.
· The relationship of new construction adjacent to significant historic
resources can either enhance or detract from the historic setting of
the district.
4
· The character of the massing should be compatible with the
surrounding buildings.
Have the overall objectives of the Delray Beach Historic Preservation
Design Guidelines been met?
Yes 0 No 5
III. THE SECRETARY OF THE
REHABILITATION:
INTERIOR'S STANDARDS FOR
a. The Secretary of the Interior's Standards for Rehabilitation
recommend:
· New additions, exterior alterations, or related new construction
shall not destroy historic materials that characterize the property.
The new work shall be differentiated from the old and shall be
compatible with the massing, size, scale, and architectural features
to protect the historic integrity of the property and its environment.
· New additions and adjacent or related new construction shall be
undertaken in such a manner that if removed in the future, the
essential form and integrity of the historic property and its
environment would be unimpaired.
Have the overall objectives of the Secretary of the Interior's
Standards for Rehabilitation been met?
Yes
o
No
5
3. The City Commission applied the LOR requirements in existence at the
time tlJe original site plan was submitted.
4. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses supporting these findings.
5
5. Based on the entire record before it, the City Commission approves _ denies
X the certificate of appropriateness thereby approving the appeal and overturning
the decision of the Historic Preservation Board. This Order is adopted this 4th day of
April, 2006, by a vote of 5
in favor and 0
opposed.
~~EST: f'._
~~.\0~~\
Chevelle Nubin -
City Clerk
6
FORM 88 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME-FIRST NAME-MIDDLE NAME
Perlman Jeffre L.
MAILING ADDRESS
CITY
Lakes Drive
COUNTY
Palm Beach
NAME OF BOARD. COUNCil, COMMISSION, AUTHORITY, OR COMMITTEE
ion
THE BOARD. COUNCil. COMMISSION, AUTHORITY OR COMMITTEE ON
WHICH I SERVE IS A UNIT OF:
xa:ClTY 0 COUNTY (J OTHER lOCAl AGENCY
NAME OF POLITICAL SUBDIVISION;
City of Delray Beach
Delray Beach
DATE ON WHICH VOTE OCCURRED
MY POsmON IS:
XiX ELECTIVE
(J APPOINTIVE
WHO MUST FILE FORM 88
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council.
commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting ori a mea-
sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a -relative- includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law.
mother-in-law, son-in-law, and daughter-in-law. A -business associate- means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
*
*
*
*
*
*
*
*
*
.
.
.
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting, who should incorporate the form in the minutes.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE Will BE
TAKEN:
· You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side)
CE FORM 88 - EFF. 1/2000
~<6.t,== ~~.~.1.
PAGE 1
APPOINTED OFFICERS (continued)
. A copy of the form must be provided Immediately to the other members of the agency.
· The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
. You must disclose orally the nature of your conflict In the measure before participating.
. You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting, who must Incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I, .Jeffrey Perlman
, hereby disclose that on
April 4
,2006-:
(a) A measure came or will come before rny agency which (check one)
--.x . inured to my Special private gain or loss;
Inured to the special gain or loss of my business associate,
Inured to the special gain or loss of my relative, _
Inured to the Special gain or loss of
whom I am retained; or
Inured to the special gain or loss of
is the parent Of'ganlzation or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest In the measure is as follows:
,by
,which
I reside in the Delray Lakes .Development.
Date Filed
411-\ (L
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FORAND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAl OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SAlARY, REPRIMAND, OR A
CIVIL PENAlTY NOT TO EXCEED $10,000.
CE FORM 88 - EFF. 1/2000
PAGE 2
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRA Y BEACH, FLORIDA
CONDITIONAL USE REQUEST FOR PARC PLACE NORTH AT DELRAY BEACH
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. This conditional use request has come before the City Commission on
April 4, 2006.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the conditional use request for Parc
Place North at Delray Beach. 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. ComDrehenslve Plan. Future Land Use and MaD: Is the future use and
intensity of the development consistent with the future land use map and
comprehensive plan and is it appropriate in terms of soil, topographic, and other
applicable physical considerations, complementary to adjacent land uses, and fulfills
remaining land use needs?
Yes 5 No 0
b. Concurrency: Concurrency as defined pursuant to Objective B-2 of
the 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:
Are the concurrency requirements met as respect to water, sewer,
drainage, streets and traffic, parks, open space, solid waste and
schools?
Yes 5
No 0
c. Consistency: Will the granting of the conditional use be consistent
with and further the goals and policies of the Comprehensive Plan?
1
j;.f efV1 q,!3.
Yes
5
No
o
II. LDR REQUIREMENTS:
a. LDR Section 2.4.5{E) Reauired 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 5 No 0
b. Performance Standards for Density Increase: Does the applicant
meet the requirements set forth in Section 4.4.6(1), attached hereto, to allow a density in
excess of 6 dwelling units per acre to 11.69 dwelling units per acre?
Yes
5
No
o
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 LOR
requirements in existence at the time the conditional use request was submitted.
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 -1L-
denies _ the conditional use request subject to the seven conditions set forth in the
2
staff report and hereby adopts this Order this 4th day of April, 2006, by a vote of
5
in favor and
opposed.
o
~,~~~ ~~. ~~d~
Chevelle Nubin
City Clerk
~. z.OL
Rita Ellis, Vice-Mayor
3
LOR Section 4.4.6(1)
(I) Performance Standards:
(1) These standards shall apply to all site plans approved subsequent
to October 7, 1997, and for modifications to existing developments which involve the
creation of additional residential units.
In order to increase a project density beyond six (6) units per acre,
the approving body must make a finding that the development substantially complies
with the performance standards listed in this section. The intent of the standards is to
mitigate the impacts of the additional density both internal and external to the site. The
extent to which a project meets the standards will determine the number of units per
acre that will be permitted. For example, if a project meets or exceeds all of the
standards, and is otherwise consistent with applicable standards and policies of the
City's Comprehensive Plan and Land Development Regulations, the maximum density
is permitted. Projects which only partially achieve these standards will be permitted a
correspondingly lower density. The performance standards are as follows:
(a) The traffic circulation system is designed to control speed and reduce
volumes on the interior and exterior street network. This can be
accomplished through the use of traffic calming devices; street
networks consisting of loops and short segments; multiple entrances
and exists into the development; and similar measures that are
intended to minimize through traffic and keep speeds within the
development at or below 20 m.p.h.
(b) Buildings are placed throughout the development in a manner that
reduces the overall massing, and provides a feeling of open space.
(c) Where immediately adjacent to residential zoning districts having a
lower density, building setbacks and landscape materials along those
adjacent property lines are increased beyond the required minimums in
order to provide a meaningful buffer to those lower density areas.
Building setbacks are increased by at least 25% of the required
minimum; at least one tree per 30 linear feet (or fraction thereof) is
provided; trees exceed the required height at time of planting by 25%_or
more; and a hedge, wall or fence is provided as a visual buffer between
the properties.
(d) The development offers a varied streetscape and building design. For
example, setbacks are staggered and offset, with varying roof heights
(for multi-family buildings, the planes of the facades are offset to add
interest and distinguish individual units). Building elevations
incorporate diversity in window and door shapes and locations; features
such as balconies, arches, porches, courtyards; and design elements
such as shutters, window mullions, quoins, decorative tiles, etc.
4
(e) A number of different unit types, sizes and floor plans are available
within the development in order to accommodate households of various
ages and sizes. Multi-family housing will at a minimum have a mix of
one, two and three bedroom units with varying floor plans. Single
family housing (attached and detached) will at a minimum offer a mix of
three and four bedroom units with varying floor plans.
(f) The development is designed to preserve and enhance existing natural
areas and/or water bodies. Where no such areas exist, new areas
which provide open space and native habitat are created and
incorporated into the project.
(g) The project provides a convenient and extensive bicycle/pedestrian
network, and access to available transit.
(2) It is acknowledged that some of the above referenced standards
may not be entirely applicable to small, infill type residential projects. For those types of
projects, the ultimate density should be based upon the attainment of those standards
which are applicable, as well as the development's ability to meet or exceed other
minimum code requirements.
(3) For vacant property that is proposed for rezoning to RM with a
density suffix, the approving body must made a finding that the proposed density is
appropriate based upon the future land use map designations of surrounding property
as well as the prevailing development pattern of the surrounding area.
5
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
CONDITIONAL USE REQUEST FOR ROYAL PALM CLUB AT DELRAY BEACH
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. This conditional use request has come before the City Commission on
April 4, 2006.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the conditional use request for Royal
Palm Club at Delray Beach. 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. ComDrehenslve Plan - Future Land Use and MaD: Is the future use and
intensity of the development consistent with the future land use map and
comprehensive plan and is it appropriate in terms of soil, topographic, and other
applicable physical considerations, complementary to adjacent land uses, and fulfills
remaining land use needs?
Yes 5 No 0
b. Concurrency: Concurrency as defined pursuant to Objective B-2 of
the 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:
Are the concurrency requirements met as respect to water, sewer,
drainage, streets and traffic, parks, open space, solid waste and
schools?
Yes 5
No 0
c. Conslstencv: Will the granting of the conditional use be consistent
with and further the goals and policies of the ComprehensIve Plan?
1
I-!-~1Y\ 't. e .
Yes
5
No
o
II. LOR REQUIREMENTS:
a. LOR Section 2.4.5(El Reaulred 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 5 No 0
b. Performance Standards for Density Increase: Does the applicant
meet the requirements set forth in Section 4.4.6(1), attached hereto, to allow a density in
excess of 6 dwelling units per acre to 11.94 dwelling units per acre?
Yes
5
No
o
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 LOR
requirements in existence at the time the conditional use request was submitted.
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 en~ire record before it, the City Commission approves -L
denies _ the conditional use request subject to conditions set forth in the staff report,
excluding condition #5 as it pertains to the four foot requirement which will be reviewed
2
. '
by the Site Plan Review and Appearance Board (SPRAB) and hereby adopts this Order
this 4th day of April 4, 2006, by a vat
~
o opposed.
~: ~~ )
~~.~ . ~~ ~
Chevelle Nubin
City Clerk
3
. .
LDR Section 4.4.6(1)
(I) Performance Standards:
(1) These standards shall apply to all site plans approved subsequent
to October 7, 1997, and for modifications to existing developments which involve the
creation of additional residential units.
In order to increase a project density beyond six (6) units per acre,
the approving body must make a finding that the development substantially complies
with the performance standards listed in this section. The intent of the standards is to
mitigate the impacts of the additional density both internal and external to the site. The
extent to which a project meets the standards will determine the number of units per
acre that will be permitted. For example, if a project meets or exceeds all of the
standards, and is otherwise consistent with applicable standards and policies of the
City's Comprehensive Plan and Land Development Regulations, the maximum density
is permitted. Projects which only partially achieve these standards will be permitted a
correspondingly lower density. The performance standards are as follows:
(a) The traffic circulation system is designed to control speed and reduce
volumes on the interior and exterior street network. This can be
accomplished through the use of traffic calming devices; street
networks consisting of loops and short segments; multiple entrances
and exists into the development; and similar measures that are
intended to minimize through traffic and keep speeds within the
development at or below 20 m.p.h.
(b) Buildings are placed throughout the development in a manner that
reduces the overall massing, and provides a feeling of open space.
(c) Where immediately adjacent to residential zoning districts having a
lower density, building setbacks and landscape materials along those
adjacent property lines are increased beyond the required minimums in
order to provide a meaningful buffer to those lower density areas.
Building setbacks are increased by at least 25% of the required
minimum; at least one tree per 30 linear feet (or fraction thereof) is
provided; trees exceed the required height at time of planting by 25%_or
more; and a hedge, wall or fence is provided as a visual buffer between
the properties.
(d) The development offers a varied streetscape and building design. For
example, setbacks are staggered and offset, with varying roof heights
(for multi-family buildings, the planes of the facades are offset to add
interest and distinguish individual units). Building elevations
incorporate diversity in window and door shapes and locations; features
such as balconies, arches, porches, courtyards; and design elements
such as shutters, window mullions, quoins, decorative tiles, etc.
4
.'
(e) A number of different unit types, sizes and floor plans are available
within the development in order to accommodate households of various
ages and sizes. Multi-family housing will at a minimum have a mix of
one, two and three bedroom units with varying floor plans. Single
family housing (attached and detached) will at a minimum offer a mix of
three and four bedroom units with varying floor plans.
(f) The development is designed to preserve and enhance existing natural
areas and/or water bodies. Where no such areas exist, new areas
which provide open space and native habitat are created and
incorporated into the project.
(g) The project provides a convenient and extensive bicycle/pedestrian
network, and access to available transit.
(2) It is acknowledged that some of the above referenced standards
may not be entirely applicable to small, infill type residential projects. For those types of
projects, the ultimate density should be based upon the attainment of those standards
which are applicable, as well as the development's ability to meet or exceed other
minimum code requirements.
(3) For vacant property that is proposed for rezoning to RM with a
density suffix, the approving body must made a finding that the proposed density is
appropriate based upon the future land use map designations of surrounding property
as well as the prevailing development pattern of the surrounding area.
5
.
. .
. >
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
April 4, 2006.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the conditional use request for Marcone
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. ComDrehenslve Plan. Future Land Use Element ObJective A-1/Future
land Use MaD: Is the property developedlredeveloped 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 4 No 1
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 5
No 0
I-r.etvl q.'D.
c. Conslstencv: Will the granting of the conditional use be consistent
with and further the goals and policies of the Comprehensive Plan?
Yes
4
No
1
II. LDR REQUIREMENTS:
a. LDR Section 2.4.5IE) Reaulred Findlnas: (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 4 No 1
b. REQUIRED FINDINGS RELATING TO PARKING AND STORAGE OF
VEHICLES:
Pursuant to LOR Section 4.4.19(O)(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
5
No
o
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 LOR
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 X
denies _ the conditional use request subject to the conditions stated in the staff
report and hereby adopts this Order this 4th day of April, 2006, by a vote of 4
in favor and 1
opposed.
~. crQ~
Rita Ellis, Ice-Mayor
ATTEST:
~~~.~. ~~.~)
Chevelle Nubin
City Clerk
3
SPECIAL MEETING/WORKSHOP
APRIL 11, 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 Tuesday, April 11, 2006.
Roll call showed:
Present - Commissioner Rita Ellis
Commissioner Fred B. Fetzer
Commissioner Jon Levinson
Commissioner Brenda B. Montague
Mayor Jeff Perlman
Also present were - David T. Harden, City Manager
Susan A. Ruby, City Attorney
Chevelle D. Nubin, City Clerk
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. ROAD CROSSING AGREEMENTS/FLORIDA EAST COAST RAILWAY (J7EC):
Consider a request from the Florida East Coast Railway (FEe) for the City to execute
revised agreements prior to FEC reconstructing the road crossings for the one-way pairs
converSIon.
Susan Ruby, City Attorney provided background information concerning Florida East Coast
(FEe) Railway agreements for the road crossings located at SE 1 st and NE 1 st Streets. A
recent Supreme Court decision has impacted the City's indemnification clauses in all the
City's contracts. This clause imposes a serious impact to cities. There has been an attempt
to have the FEC modify their indemnification language, somewhat, so that the FEC does
not require the City to indemnify and defend FEC for all claims or lawsuits that may be
brought against FEC as a result of the crossing, including such claims and lawsuits that result
from the negligence of FEe. There would be no cap on the amount of money involved The
FEC will not change the paragraph.
Mayor Perlman does not feel the City can responsibly sign an agreement with this indemnity
clause in it. Other cities are also in the same situation.
The agreements have to be signed before the city could proceed with reconstruction of the
road crossings.
The consensus of the Commission was to delay a decision until Commissioner Levinson,
and the City Attorney, could speak with the Chairman of the Board of FEC on Friday, April
14,2006.
2. CONTRACT AWARD/NUTTING ENVIRONMENTAL OF FLORID~
INC.lOLD SCHOOL SOUARE PARK: Approve a contract award to Nutting
Environmental of Florida, Inc. in the amount of $15,240.00 for a Phase II Environmental
Property Assessment at the proposed Old School Square Park site. Funding is available
from 380-4150-572-63.29 (2004 G.O. Bond/Parks & Recreation/Old School Square).
Richard Hasko, Environmental Services Director presented background information on the
scope of services of the Phase II Environmental Assessment at the proposed Old School
Square Park site. The scope includes a geophysical survey for physically locating any
underground tanks, and associated testing by taking soil and ground water samplings. The
process will require thirty (30) soil borings for testing and four (4) monitoring wells for
sampling.
Commissioner Fetzer moved to approve the contract award to Nutting Environmental of
Florida, Inc., seconded by Mrs. Ellis. Upon roll call, the Commission voted as follows: Mr.
Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; and Mrs. Ellis
- Yes. Said motion passed 5-0.
It was the consensus of the Commission to proceed with the RFP for the design of the Old
School Square Park.
3. AMENDMENT NO. 1/IMAGE SPORTS MANAGEMENT. INC.
AGREEMENT /NATIONAL INDOOR FOOTBALL LEAGUE (NIFL): Approve
Amendment No.1 to the agreement with Image Sports Management, Inc. to provide for the
reduction of the Tennis Stadium rental fee from $15,000.00 per game to $11,000.00 per
game.
Brian Shutt, Assistant City Attorney reviewed the changes in Amendment No.1 to the
Agreement with Image Sports Management, Inc.
Mayor Perlman noted that if the issues with Image Sports Management, Inc. could not be
resolve by 5:00 p.m. Wednesday, April 12, 2006, he was not interested in pursuing the
agreement.
Mr. Levinson moved to approve Amendment No. 1 to the Image Sports Management Inc.
Agreement, seconded by Mrs. Montague. Upon roll call, the Commission voted as follows:
Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; and Mrs. Ellis - Yes; Mr.
Fetzer - Yes. Said motion passed 5-0.
2
April 11, 2006
4. PURCHASE AWARD/INFORMATION STATION SPECIALISTS, INC.lA.M.
RADIO STATION: Purchase award to Information Station Specialists, Inc. in the amount
of $30,785.00 as a sole source purchase for the purchase of a low-wattage AM. Radio
Station for local area broadcasting for emergencies and other administrative purposes.
Funding is available from 001-2311-522-64.90 (General Fund/Other Machinery/
Equipment).
David T. Harden, City Manager presented background information on the purchase award
to Information Station Specialists, Inc., for the low-wattage AM. Radio Station for local area
broadcasting for emergencies and other administrative purposes. The base station, and the
primary transmission antenna, will be installed at Fire-Rescue Headquarters. Backup
transmission can also be generated from City Hall. The system should be up and running by
June 1,2006.
Ivan Ladizinsky, Public Information Officer reported the emergency bulletins would be
transmitted in English, Spanish and Creole.
Commissioner Ellis moved to approve the purchase award to Information Station
Specialists, Inc., AM. Radio Station for the total amount of $30,785.00, seconded by
Commissioner Fetzer. Upon roll call, the Commission voted as follows: Mrs. Montague -
Yes; Mayor Perlman - Yes; and Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Said
motion passed 5-0.
Mayor Perlman adjourned the Special Meeting at 6:22 p.m.
WORKSHOP AGENDA
1. Update of Weed & Seed Project - Sharon L'Herrou
Sharon L'Herrou, Project Manager, provided a PowerPoint overview and update noting
statistics and successes of the Delray Beach Weed and Seed Program. The program is a
strategy developed by the Department of Justice (DOJ) to prevent and reduce crime and
drug abuse in high crime neighborhoods. Law Enforcement agencies and community
prosecutors "weed" out crime while social supports are "seeded" into the target
neighborhoods. Due to lack of Federal funding the Weed and Seed Board decided to
change their name to the Delray Beach Coalition for Community Renewal (CCR). The
target boundaries within the City for the program will remain the same; the North and South
boundaries are Lake Ida to Linton, and the East and West boundaries are 1-95 to Swinton.
Current funding commitments will come from the Delray Beach Police Department, City of
Delray Beach, and Palm Beach County (pBC) Criminal Justice Commission.
It was the consensus of the Commission to direct Mrs. L'Herrou to return to the
Commission with a CCR progress report in approximately two (2) to three (3) months.
3
April 11, 2006
2. Presentation of 2004/2005 Comprehensive Annual Financial Report - Caler. Donten.
Levine. Druker. Porter & Veil. P .A.
Scott Porter, the City Auditor from Caler, Donten, Levine, Druker, Porter & Veil, P. A
provided a financial overview of the City of Delray Beach, Florida Comprehensive Annual
Financial Report for the fiscal year ended September 30, 2005.
It was the consensus of the Commission to approve and accept the Comprehensive Annual
Financial Report for fiscal year ended September 30, 2005.
3. Presentation of Code Enforcement - Fiscal Year 2005/2006 Goals and Objectives
Lula Buder, Community Improvement Director provided a summary of the Code
Enforcement Initiatives for the Fiscal Year 2005-06 Goals and Objectives; then introduced
Al Berg, Assistant Community Improvement Director who gave a PowerPoint presentation
and discussed the areas of zero tolerance on signs, abandoned vehicles, and also plans to
enact improved community standards. Goals for Community Improvement included Goal
#1 - a Clean City, and Goal #2 - Customer Service.
It was the consensus of the Commission that this was a well done presentation which will
promote a positive significant change in the development to move forward on community
involvement for a better quality of life throughout the City.
4. Discussion of Police and Fire Pension Board Certification Pay Issue
David T. Harden, City Manager reported that during the January 10,2006 City Commission
meeting the City Commission directed staff to have our actuaries determine the cost of the
certification pay in the pension calculations for all members of the Police and Fire Pension
Plans who worked between 1992 and 2004. This change had been directed by the Pension
Board through a third party administrator and not the City's Finance Department. If the
change is allowed to be implemented, the City's accrued liability will increase our unfunded
liability by approximately $573,000 and the City's required annual contribution to the Police
and Fire Pension Plan will increase by approximately $37,000.
It was the consensus of the Commission for the City Attorney to direct the Pension Lawyer
to draft a letter to the Pension Board Administrator concerning all outstanding issues and
question how the plan is being administered.
5. Discussion of Workforce Housing/Community Land Trust (CLl)
Susan Ruby, City Attorney provided background information on several potential changes to
the Workforce Housing Ordinances. The first proposed ordinance revision would give the
density bonus for "for sale" units to rental units. The second revision would provide new
4
April 11, 2006
language which would state that workforce units financed by the Florida Housing Finance
Corporation's Housing Credit or SAIL Programs will not need to be proportioned as long as
the workforce "for sale" units equals 20% of the "for sale" units. The third item concerns
whether the ordinance should include provisions so that the Community Land Trust (CLl)
receives rights of first refusal on workforce housing units developed on non-CLT owned
lands.
It was the consensus of the Commission to leave language in the proposed Workforce
Housing Ordinances as it is.
6. Review Draft of WiFi Services Request for Proposal
It was the consensus of the Commission that the best way to handle a Request for Proposal
for companies interested in constructing a wifi umbrella over the downtown area, would be,
in lieu of soliciting proposals, for the Commission to consider an Invitation to Negotiate
(ITN) process. The 11N would allow greater range of ideas, regarding how to provide for
wifi service, than does the City's traditional RFP process.
It was the consensus of the Commission to direct the City Attorney to draft an ordinance
change to provide for use of the 11N process.
Mayor Perlman adjourned the Workshop Meeting at 8:39 p.m.
City Clerk
ArrEST:
MAYOR
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information
provided herein is the Minutes of the Special Meeting of the City Commission held on Tuesday,
April 11, 2006, which Minutes were formally approved and adopted by the City Commission on
City Clerk
5
April 11, 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.
6
April 11, 2006
WHEREAS, Delray Beach enjoys a rich and diverse cultural life and
is one of America's premier cities; and
WHEREAS, the Palm Beach International Film Festival is recognized
as one of the Top 25 Film Festivals in the World; and
WHEREAS, the Marriott Beach Hotel is one of Delray Beach's Finest
Hotels; and
WHEREAS, the Palm Beach International Film Festival has selected
the City of Delray Beach to be the home of the Palm Beach International
Film Festival; and
WHEREAS, the Palm Beach International Film Festival has selected
the Marriott Delray Beach Hotel to be the host Hotel for the Palm Beach
International Film Festival; and
WHEREAS, the Delray Beach Marriott and various local businesses
will join with the City of Delray Beach in welcoming the Festival
participants.
NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray
Beach, Florida, on behalf of the City Commission, do hereby proclaim the
week of April 20, 2006 through April 28, 2006 as
PALM BEACH INTERNATIONAL FILM FESTIVAL DAYS
in Delray Beach, Florida and welcome the
PALM BEACH INTERNATIONAL FILM FESTIVAL
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 18th
day of April, 2006.
JEFF PERLMAN
MAYOR
01\
cPV1
~{\
PRESENTED TO: YVONNE S. BOICE. CHAIR
PALM BEACH INTERNATIONAL FILM FESTIVAL
WE WOULD APPRECIATE 3 COPIES
1. FOR YVONNES OFFICE
2. ONE FOR MARRIOTT
3. ONE FOR THE PBIFF OFFICE
WHEREAS, Delray Beach enjoys a rich and diverse cultural life and is one of
America's premier cities.
WHEREAS, The Palm Beach International Film Festival is recognized as one the
Top 25 Film Festivals in the World
WHEREAS, The Marriott Beach Hotel is one of Delray Beach's Finest Hotel
WHEREAS, The Palm Beach International Film Festival has selected the City of
Delray Beach to be the Home of the Palm Beach International Film Festival
WHEREAS, The Palm Beach International Film Festival has selected the Marriott
Delray Beach Hotel to the Host Hotel for the Palm Beach International Film Festival
WHEREAS, the Delray Beach Marriott and various local businesses will join with
the City of Delray Beach in welcoming the Festival participants.
NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach,
Florida, on behalf of the City Commission, do hereby proclaim the week of April 20,
2006 through April 28, 2006 as
PALM BEACH INTERNATIONAL FILM FESTIVAL DAYS
in Delray Beach, Florida and welcomes the PALM BEACH INTERNATIONAL FILM
FESTIVAL
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 6TH day of MARCH, 2006.
WHEREAS, the City of Delray Beach celebrates the occasion of Pine
Grove Elementary School's 40th anniversary; and
WHEREAS, Pine Grove Elementary School has been an integral part
of the surrounding neighborhood and served generations of Delray Beach
children, and
WHEREAS, under the direction of Dr. Linda Cartlidge, the school's
pro-active approach for raising the bar has dramatically improved the
academic climate and performance as measured by significantly increased
test scores; and
WHEREAS, the schools leaders and educators have created
innovative tutoring programs with engaging arts activities such as the
Dolphin Cruisers (steel drum program), Fitness For Life Club, Dance Club,
Multicultural Club, and Spirit Club; and
WHEREAS, Delray Beach as a City advocates for quality education
for all.
NOW, THEREFORE, I JEFF PERLMAN, Mayor of the City of Delray
Beach, Florida, on behalf of the City Commission and the Citizens of Delray
Beach, do hereby proclaim 2006 as:
PL.r\elGYO\l8'~ ScJw.oV~
4~ AY\N\.Wer~ celehr~
IN THE WITNESS WHEREOF, I have hereunto set my hand and
caused the Official Seal of the City of Delray Beach, Florida, to be affixed
this 18th day of April 2006.
6A
tWl
l2e
WHEREAS, Pinecrest Rehabilitation Hospital, part of Tenet South
Florida, is a 90-bed rehabilitation hospital located at 5360 Linton Boulevard
in Delray Beach; and
WHEREAS, the facility was founded in 1986 to meet the rehabilitation
needs of a growing community; and
WHEREAS, Pinecrest Rehabilitation Hospital is fully accredited by
the Joint Commission on the Accreditation of Healthcare Organizations
(JCAHO) and the Commission on Accreditation of Rehab Facilities (CARF).
The hospital and its outpatient center provide area patients with a
comprehensive program of rehabilitation services; and
WHEREAS, patient satisfaction combined with quality, cost-effective
health care are at the cornerstone of the facility's operating philosophy; the
results of which are seen and felt in the commitment of its staff; and
WHEREAS, Pinecrest's goal is returning patients to their home as
independent as possible and the hospital continually seeks out ways to
better meet that goal; and
WHEREAS, on Wednesday, April 26, 2006 Pinecrest Rehabilitation
Hospital will celebrate its 20th Anniversary.
NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray
Beach, Florida, on behalf of the City Commission, do hereby recognize
PINECREST REHABILITATION HOSPITAL
on its 20th Anniversary and congratulate their commitment to outstanding
service and support to the community.
IN WITNESS WHEREOF, I have hereunto set my hand and caused
the Official Seal of the City of Delray Beach, Florida, to be affixed this 18th
day of April, 2006.
JEFF PERLMAN
MAYOR
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April 5, 2006
. Mayor Jeff Perlman
City of Dekay Beach
100 NW lit Avenue
Delray Beach, FL 33444
Dear Mayor Perlman:
Pinecrest Rehabilitation Hospital is hosting a special celebration beginning at 5 p.m. on
Wednesday, April 26, to mark its 20th anniversary of serving Delray Beach and surrounding
communities.
In recognition of the hospital's significant contributions to the community, we would be most
appreciative if the City of Delr~ Beach presented CEO Mitch Feldman with a proclamation
commemorating Pmecrest's 20 anniversary. You are invited to be part of the celebration
and the hospital would be especially gratified if you or your designee were on hand to make
the presentation in person.
We envision the presentation taking place at the start of the celebration and expect it will take
no longer than 10-15 minutes.
Pinecrest Rehabilitation Hospital, part of Tenet South Florida, is a 90-bed rehabilitation
hospita1located at 5360 Linton Boulevard in Delray Beach. The facility was founded in 1986
to meet the rehabilitation needs of a growing community. Fully accredited by the Joint
Commission on the Accreditation of Health care Organizations (JCAHO) and the Commission
on Accreditation of Rehab Facilities (CARP), the hospital and its outpatient center provide
area patients with a comprehensive program ofrehabiHtation services. Patient satisfaction,
combined with quality, cost-effective health care, are at the cornerstone of the facility's
operating philosophy, the results of which are seen and felt in the commitment of its staff.
Pinecrest's goal is returning patients to their homes as independent as possible and the
hospital continually seeks out ways to better meet that goal.
Mayor Perlman, we look forward to working with you to recognize Pinecrest Rehabilitation
Hospital for its contributions and hope your schedule allows you to be part of our celebration.
Best regards,
N&,
(964) 964-9098 ~ offioe
(954) 599-7613 ~ cellular
(954) 964-9099 - fax
ibray@oc.onnellgoldl:)j).J1J...Q.Q.ffi
410 NOATIl PAIl~ ~O^tl
GUITE HUMBER eoo
HOLLlWCQD. H 33021
PIl~IH (U~I u~.uu
f4Jl (g6~1 16~.tou
WHEREAS, National Crime Victims' Rights Week is celebrated in April
each year to educate citizens and commemorate survivors and victims of crimes;
and
WHEREAS, this is truly a landmark year for crime victims and survivors,
and those who serve them. The theme of this 26th Year Commemoration is
'VICTIMS' RIGHTS: STRENGTH IN UNITY". This is a simple yet powerful
message which focuses attention on victims' needs for justice and services to help
them cope in the aftermath of crime; and
WHEREAS, local activities for the 26th Year Commemoration include:
Monday. April 24th - Opening Ceremony at the West Palm Beach Police
Department and a round table discussion on Sexual Violence Against People
With Disabilities hosted by the Center For Independent Living Options;
Tuesday. April 25th - Annual Candlelight Vigil to be held at the Chapel By The
Lake in West Palm Beach;
Wednesday. April 26th - A VDA and the YMCA will present a "Steppin Out
Against Violence" performance at City Place, in West Palm Beach;
Thursday. Aoril 27th - Crime Awareness and Prevention Fair and Multi-Media
Art/Writing Exhibit; and
Friday. April 28th - Closing Ceremony is the 2(/h Annual Awards Luncheon to be
held at the President Country Club in West Palm Beach.
NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray
Beach, Florida, on behalf of the City Commission do hereby proclaim the week of
April 24 through April 28, 2006 as
VICTIMS' RIGHTS WEEK
in the City of Delray Beach, and urge all residents to support public and private
criminal justice and acknowledge victims rights.
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 18th day of
April, 2006.
JEFF PERLMAN
MAYOR
~
lszD
Smith, Dou~las
fA
From:
Sent:
To:
Subject:
Rangel, Delores
Tuesday, April 04, 2006 8:46 AM
Smith, Douglas
FW: Victims' Rights Week-We need your participation
~
PROCLAMATION-VI
TIM_SRIGHTSWEE.
-----Original Message-----
From: Jeff Perlman [mailto:delcommish@hotmail.com]
Sent: Monday, April 03, 2006 10:03 PM
To: Rangel, Delores
Subject: FW: Victims' Rights Week-We need your participation
I think we should do this.
Warmest regards
Jeff Perlman
Mayor
City of Delray Beach
e-mail: mayor@mydelraybeach.com
Read "From the Mayor's Desk" on www.mydelraybeach.com. New message every
Monday.
>From: "Blanca N. Deason, M.S." <blancadeason@bellsouth.net>
>To:
><walkerv@southbaycity.com>,<vhurley@lakeworth.net>,<Spowlette@rivierabc
>h.com>,<shill@ci.greenacres.fl.us>,<salbury@mangoniaparktown.com>,<psnider@pbgfl.com>,
<pjohn@ci.boca-raton.fl.us>,<npbclerk@village-npb.org>,<mgould@royalpalmbeach.com>,
<mayor@mydelraybeach.com>,<lejeunec@ci.boynton-beach.fl.us>,
<kumberger@villageofpalmsprings.org>,<kareng@jupiter.fl.us>,<gcarlisle@tequesta.org>,
<council@townofpalmbeach.com>,<cityhall@atlantisfla.org>,<afay@juno-beach.fl.us>
>Subject: Victims' Rights Week-We need your participation
>Date: Mon, 3 Apr 2006 21:50:46 -0400
>
>Thank you to the Town of Palm Beach, the City of Lake Worth and the
>Town of
>Jupiter for making a commitment to their residents who have been victimized
>by crime by proclaiming the week of April 24-28 as "Victims' Rights Week".
>If you have not yet sent a proclamation on behalf of your cities, towns or
>villages, please use the sample proclamation as a guideline. The Victims'
>Rights Coalition will display each proclamation at the Opening Ceremony on
>April 24th and at the Award's Luncheon on April 28th. Please mail the
>proclamations at the address below.
>Thanking you in advance for your commitment to public service,
>
>Blanca N. Deason, MS
>Executive Director
>Advocacy Services of Florida, Inc.
>
>260 River Drive
1
>Tequesta, FL 33469
>(561) 262-200 cellular
>(561) 747-9713 fax/office
>
>CONFIDENTIALITY NOTICE This electronic mail, including any attachments,
>is for the sole use of the intended recipient(s) and may contain
>confidential information. Any unauthorized review, use, disclosure or
>distribution is prohibited by law. If you have received this
>electronic mail and are not intended recipient, please contact the
>sender by phone or reply by electronic mail and destroy all copies
>of the original
>
>*** eSafe scanned this email for malicious content ***
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2
PROCLAMATION
OF THE
OF PALM BEACH COUNTY, FLORIDA
DECLARING THE WEEK OF APRIL 24-28, 2006 AS
VICTIMS" RIGHTS WEEK
WHEREAS, National Crime Victims' Rights Week is celebrated in April each year
to educate citizens and commemorate
those survivors and victims of crimes; and
WHEREAS, this is truly a landmark year for crime victims and survivors and
those who serve them. The theme of this 26th Year Commemoration is
"VICTIMS' RIGHTS: STRENGTH IN UNITY". This is a simple yet powerful
message which focuses attention on victims' needs for justice and for services
to help them cope in the aftermath of crime.
WHEREAS, local activities include: Monday, April 24th the Ooenino Ceremony at
the West Palm Beach Police Department and a round table discussion on Sexual
Violence Against People With Disabilities hosted by the Center For Independent
Living Options; Tuesday, April 25th includes the annual Candlelioht Vioil to be
held at the Chapel By The Lake in West Palm Beach; Wednesday, April 26th ,
A VDA and the YWCA will present a "Steppin Out Against Violence" performance
at City Place, in West Palm Beach; Thursday, April 27th includes a Crime
Awareness and Prevention Fair and a Multi-Media Art/\Nritino Exhibit; the closing
ceremony is the 26th Annual Awards Luncheon to be held Friday, April 28th at the
President Country Club in West Palm Beach.
Victims' Rights Week
BE IT FURTHER PROCLAIMED BY THE , FLORIDA, that this
Proclamation, duly sealed and ribboned, be executed by the members of this
and presented to the Palm Beach County Victims' Rights
Coalition.
WHEREAS, the office of the Municipal Clerk, a time honored and vital part
of local government exists throughout the world; and
WHEREAS, the office of the Municipal Clerk is the oldest among public
servants; and
WHEREAS, the office of the Municipal Clerk provides the professional link
between the citizens, the local governing bodies and agencies of government at other
levels; and
WHEREAS, Municipal Clerks have pledged to be ever mindful of their
neutrality and impartiality, rendering equal service to all; and
WHEREAS, the Municipal Clerk serves as the information center on
functions oflocal government and community; and
WHEREAS, Municipal Clerks continually strive to improve the administration
of the affairs of the Office of the Municipal Clerk through participation in education
programs, seminars, workshops, and the annual meetings of their state, province,
county, and international professional organizations; and
WHEREAS, it is most appropriate that we recognize the accomplishments of
the Office of the Municipal Clerk.
NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray
Beach, Florida, on behalf of the City Commission, do hereby proclaim April 30, 2006
through May 6, 2006 as
MUNICIPAL CLERKS WEEK
in Delray Beach, Florida and extend appreciation to our Municipal Clerk, Chevelle D.
Nubin and to all Municipal Clerks for the vital services they perform and their
exemplary dedication to the communities they represent.
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 18th day of April,
2006.
JEFF PERLMAN
MAYOR
~
(oE
MARCH 2006
NEWS DIGEST
CProclarnation
Municipal Clerks Week
April 30 through May 6J 2006
Now, Therefore, I, , Mayor of
do recognize the week of April 30 through May 6,2006, as Municipaf Clerks wreek,andfurtherexte~d
appreciation to our Municipal Clerk, and.to all Municipal Clerks for the
vital services they perform and their exemplary dedication to the communities they
represent.
Dated this day
of
,2006
Mayor
Attest:
I
Proposed changes to the IIMC Constitution were mailed to all members on March 14, 2006.
Employee Suggestion Awards - 4/18/06
Robert Williamson - Environmental Services
In the past, the City purchased radio interface modules for the utility telemetry system
from a single vendor. Robert Williamson suggested purchasing components for the
modules from separate vendors. The cost per unit from the single vendor was $1,405
which decreased to a total of $1,050 by purchasing radio and circuit board components
from separate vendors. The City purchased the components from separate vendors this
year at a savings of$10,295. Mr. Williamson is eligible for an award of $2,059 (which is
20% ofthe annual savings).
Robert Bullard and Harold Williams - Environmental Services
Robert Bullard and Harold Williams invented a device that allows our staff to quickly
perform a task that the City previously hired an outside firm to do, at an annual savings of
$139,000. We have begun the process of applying for a patent on this device. Mr.
Bullard and Mr. Williams are each eligible for an award of $13,900 (20% of the annual
savings is $27,800; each employee receives 50% ofthis amount which is $13,900).
C!<:
zt1
l-A
MEMORANDUM
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER t1IJt;1
AGENDA ITEM # ''\ ~ - REGULAR MEETING OF APRIL 18. 2006
ROTARY GROUP STUDY EXCHANGE PRESENTATION
TO:
FROM:
DATE:
APRIL 14, 2006
The Rotary Group Study Exchange, Team; Jhankar Gadkari, Rohit Nerurkar, Sonali Ahuja, and Kiran
Kambhampati; will be in our area on April 16-22, 2006.
The team has traveled to the United States as guests of Rotary International and Delray Beach's
Rotary District 6930, an area from Titusville to Boca Raton. They will be in Florida for six (6) weeks
and will learn about our lives, customs, and business practices. They have been experiencing many
new things since their arrival in our Country on March 18, 2006. The participants are young
professional between 25-45 years of age.
The team will be at the City Commission Meeting to see how City government operates. The Mayor
will recognize the team and present them with key chains.
Attached, please find Biographical Data Sheets on each team member.
S:\City Clerk\ agenda memos\CM Rotary Presentation 041806
r-I'(Ul'l . J:je't.s,::! / I'll Ke uwen
rAX NO. :561-276-4717
Mar. 27 2006 04:21PM P2
Biographical Data Form
,;:)!~
4 -l,:\\t~ ',,: Y~~,~i~ "t~~'/.';:.)J
~~\}:~:~~J~~::~i;.:.",;,~'
\}"":l,~'.*>1 :lC:~'i'''.:'~~~
11~~~~l~
\..../
Note: This is not a Team Member Applicfllioll.. Please obtain a Tttuff Mertrber
.A.ppllCtlllon froJn the OSE chair of your sponsor district.
please print or type.
1 am a aSH (cJreck one) ~ Team leader 0 Team member
Dist 3140
lIldia
SPoNsoR lMSlRICTNl..IM8ER
eouN't1t'V
.n.aakar
Gadkari
Y.
FtR8T NAME
\.A$T NAME
MlDOlE INl1'I,6L
~ Male Cl FlWalc Date of Bir1h
Aviation -Iafllght Service
0]/
DAY
F~ /1956
UJtf1M $R
VOCATION
20 yean
YEARS It VOCATION
Aviation
TYPe OF lNOU8TRY
6091..21--25506582
~AESIleHCE
~8U8fNESS
ilia.ka~ahoo.c:om
E.MAIL.
\.../FM.
Marathi
NAM~
Biadi I G_lanti I Eat!llsh
AOOITIClNALl.ANGOAGES
.'
Married
Three (3)
MAAlTAI.. STATUS (FOR HOST DlSmlCt use.>
CHIl..Dftat: ~ WANY?
tw.ESN4J ~~ CHltJ)ReI
Specla18a:ODU1lOdatioD NOlle (No Spedf.eations)
Special diecaty or medical needs None (No Specitkations)
My responsibilities at my job include Traiai~ I HR I Hospitality
I would like to undertake the following vocational activities during the tour Visit any Corporator Trainiag SessioR
. ; 1 would prefer to be plac:.ed in the same homestay as a fellow team member. 0 Yes ./ No Q.{o p:eference
"-./ SUBMIT TO nIB GSE THREE MONTHS BEFORE DEPARTURE
The GSE chair should send copies of the team. members' Biograp hi cal DatQ forms to the host district inunedialely.
TEAIIIfAMD8QOK I 1..
FROM :~etsy / Mike Owen
FAX NO. :561-276-4717
Mar. 27 2006 04:21PM P3
Dlst 3140
India
Biographical Data Form
I am a GSE (check one) 0 Team leader -/ Team member Alternate
SPONsOR DISTRICT N\JoIEIeR
COUNTRY
Rohit
Nerurkar
M.
F~IW.E
LAST NAME
..DOlE INI1W.
./ Male DFemale Date of Birth /9/ 05 I 1972
CAV MOkfH YEAR
Chartered AecountaDt
\'OCATlON
9 Years
VF~~ ... WlI"....TVlN
Strategy Consulting
TYI'E OF 1MXJS"mY
0091-12-14331086
TElEPHONE RESIOe~
TEl.EPtiONE 8U8lNE88
r_nerurkaf@redltmall.eobl
FAX
E-MAIL
Maratbi
""TIVE lANGUAGE
En1!lis~ Hind~ konkani
AllDlTlOtlAll.ANGUAGes
:Married
None
MAAlTAL 8TATU$ (FOR HO$T DI$l1UCT U$E)
CHILDREN: HOW MANl'1
Not Applicable
HAloES AND NJES OF CHIl..DRf:N
Special accommodations - Preferably famm~ in tb.e same vocation or with hobbies Uke
playing violence or playing cboss.
Special dietary or medical needs None
My responsibilities at my job include Handlin~ ia.tenaational Strategy, Consultinjt Asslpments.
Also handling Corporate Finance & Mergen & Ac:quisitions Assignments.
1 would like to undertake the following vocational activities during the tour Working for reputed
business consulting group undertaking strategy, M & A and Valuation assignments.
I would prefer to be placed in the same homestay as a fellow team member. 0 Yes 0 No ~ No
preference
FROM :Betsy / Mike Owen
FAX NO. :561-276-4717
Mar. 27 2006 04:21PM P4
Biographical Data Form
'--"'"'
Note: Thb i$ nQt A rum Member Applkiztlon. Plea.c;e obtain a Temn Monber
AppliCGtloll ftotn the OSB chair of your sponsor district.
please priTlt or type.
I am a GSE (child: OM) 0 Team.1eader ./ Tearn member
Dist 3140
IDdia
FRUtw.w;
COUNTR'l'
Ah.ja
lAST twllE
Sridlaad
SPONSOR Ol8TNCT NUNBEft
Sontii
IollOOLE NTII\L
o M~ ./ p~ Date of Bir1h
Dual.. Resotu'ees
\'OCA.TlOH
4y_n
111
DAY
()6 / 1978
IIIQNTM Y1;AA
YEMS INVOCA~
Couultiag
T't1'E OF NlUS1RY
~~~
'I'&1..EI"tiCJ BU$IMESS
Soaali_uuja@yaJloo.eom
FAA
E~
Married
Hilldi J EaRllsk
HlOff1Clti,\L I..AHGlWieS
N.A.
---0 Sindhi
N.\TNE LANOU/IDE
~~ 8TA1US (FOR ttOSTDIS1RIQT lm:)
CHIIJ)flI!N: HOW t.WM
1WolES N/O 100D OF C*.DAEN
special accommodations would prefer to .tay with famUies havlne daughters (10 yrs +) & lor HUDlaa "Resourua
profell8ioDa1s
Special dietary or medkal nec;ds Noae - Vegetariaa
My responsibilities at my job include R,c(;l1Iitmcllt, TrainiD~, Compensatioa. Performance Appraisal.
1 would liko to undertake the following vocational activities during the tOUf Observe &; Interact with DR Vroreaioaals at
Work.
1 would prefer to be placed in the same bomestay as a fellow teatn member. 0 Yes 0 No D No preference
V' SUBMIT TO THE GSE THREE MONTHS BEFORE DEPARTllRE: .. .
The GSE chair should send copies of the team members' BJograp hi co1 Data fonns to the host district imIJ)ediately.
-n:AM tlAf(Cll()ClK' 1 A
FRUM :Hets~ / Mike Owen
FAX NO. :S61-276-4717
Mar. 27 2006 04:22PM PS
Biographical Data Form
',--/
Note: This is not a Tealh Membu Applictltion. Please obtain a Team Member
Application from the OSE chair of your SponSQf district.
please print or type.
I am a GSB (check one) 0 Team leader ,f Team member
Dbt 3140
Iudia
~DIS"l'MlC'r~
COUNl'RY
FII\&T NAMe
Kam.bhampati
lAST NAME
MIOOlE IHIlW.
Kinm
., M~e 0 Female Date of Birth
Ma.....t eoualtaaey
VOCA11OH
2. 5 (Two " Half)
07/
DA'i
02 l 1977.
fN)HlH YEAR.
Diversified
'h'Pt: OF lNtllJStI\y
91-22-500Z0045
YEARS IN VOCAnott
TElEPHONE RES1DENC!i
laBlHONE BUSlMESS
FN<
Wrltetokira.b~an.eom
E-IAAI..
Ell1dish. BiD.cU~ Marathi
AOOlTlONl\l.. u.NQUAQES
\. I Telue8
'--" NAlM5 lANGUAGE
Married
N.A.
tAANTAL Sl"ATUS (fOR HOST DlSlRJCT USE)
CHtUllU:H: HOW MANY?
N.A.
rfAMf.$AtIOAGa Of' ~
Special ac<lOQUl1odatioos N.A.
Special t&taty ot medical needs. N. A.
My respoom'bilities at my job indude Advisilll Clieqta to im'Pro~e their Business performauee
I would like to undertako the following vocational activities during the tour Visit 6t. lateraet wit" Mausgemeat ConswtaldB
I would prefer to be placed in the same homestay as a feUow team ~r. 0 Yes t/ No D No preference
SUBMIT TO THE GSE THREE MONTHS BEFORE DEP ARlURE
\....../ 1be GSE chair should send copies of the team members' Biographi co! Data forms to the host district
immediately.
'tUIII HMneooK 11-
I
I
City of Delray Beach
Memo
To: City Commission
From: City Manager ~
cc:
Date: April 17 , 2006
Re: Western Senior/Community Center Design
We met today with the architects for the Western Senior/Community Center to review the
preliminary design. Elizabeth Lugo from the Mae Volen Center also participated in the
meeting. A copy of the preliminary design is attached. In order to not delay this project, I
requested the architect to present the preliminary design to the Commission tomorrow
evening for your comments and direction.
In addition to direction on the design, we need direction on whether to construct the building
all at once or in phases.
Recommendation: I recommend that we proceed with construction of the entire building,
even though this will require issuing probably $5 - 6 million in additional debt. We would
propose to issue revenue bonds. We will save both on construction cost by not phasing, and
on the inflation of costs which would occur between now and the time the second phase was
built.
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CITY OF DELRAY BEACH
PROBABLE NON-PHASED CONSTRUCTION - COST ESTIMATE
ITEM
AREA
UNIT COSTlS.F.
BUDGET AMOUNT
CONDITIONED SPACE
EXTERIOR COVERED AREAS
CONC. APRONI WALKS
ASPHALT PARKING
SITE LIGHTING
MISC. - Site Clearing, Preparation &
Development (BUDGET)
LANDSCAPElIRRIGA TION (BUDGET)
32,572 S.F.
6,221 S.F.
4,670 SF
68,190 S.F.
$145 IS.F.
$70 ISF
$6.00 ISF
$5.00 IS.F.
$4,722,940.00
$435,470.00
$28,020.00
$340,950.00
$100,000.00
$40,000.00
$225,000.00
$120,000.00
$100,000.00
Site Utilities - Water, Sewer, Power, Drainage (BUDGET)
TURNLANES(BUDGET)
NON-PHASED SUBTOTAL
$6,112,380.00
NON-PHASED SUBTOTAL
$6,112,380.00
CONTRACTOR PROFIT & OVERHEAD
15%
$916,857.00
TOTAL NON-PHASED CONSTRUCTION COST
$7,029,237.00
PERMIT FEES
CONTINGENCY ALLOWANCE
3%
$210,877.11
$351,461.85
5%
TOTAL NON-PHASE PROJECT COST
$7,591,575.961
ADDITIONAL ITEMS - NOT INCLUDED IN COST ESTIMATE
1. FURNITURE
2. ACCESS CONTROL SYSTEM
3. SECURITY SYSTEM
4. VIDEO MONITORING SYSTEM
5. COMPUTER, DATA & TELEPHONE SYSTEMS
6. EXISTING BUILDING RENOVATIONS
REVISED: 4/18/2006
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WESTERN COMMUNITY CENTER.
CITY OF DELRAY BEACH
PROBABLE PHASED CONSTRUCTION - COST ESTIMATE
ITEM
PHASE I ITEMS
CONDITIONED SPACE
EXTERIOR COVERED AREAS
CONC.APRONI WALKS
ASPHALT PARKING
SITE LIGHTING
MISC. - Site Clearing, Preparation &
Development (BUDGET)
LANDSCAPEIIRRIGATION (BUDGET)
AREA
10,362 S.F.
610 S.F.
4,670 S.F.
68,190 SF
Site Utilities - Water, Sewer, Power, Drainage (BUDGET)
TURNLANES (BUDGET)
PHASE I SUBTOTAL
ADDITIONAL COSTS ASSOCIATED WITH PHASED CONSTRUCTION
SOD AND IRRIGATION FOR PHASE 2 AREA
LOBBY BUILDOUT
32,500 S.F.
500 S.F.
PHASE I SUBTOTAL
CONTRACTOR PROFIT & OVERHEAD
TOTAL PHASE I CONSTRUCTION COST
PERMIT FEES
CONTINGENCY ALLOWANCE
TOTAL PHASE I PROJECT COST
REVISED: 4/18/2006
UNIT COST/S.F.
BUDGET AMOUNT
$145 ISF
$70 IS.F.
$6.00 IS.F.
$5.00 IS.F.
$1,502,490.00
$42,700.00
$28,020.00
$340,950.00
$100,000.00
$40,000.00
$225,000.00
$120,000.00
$100,000.00
$2,499,160.00
$1.00 ISF
$50.00 ISF
$32,500.00
$25,000.00
$2,556,660.00
15%
$383,499.00
$2,940,159.00
3%
$88,204.77
$147,007.95
5%
$3,175,371.721
Page 1
WESTERN COMMUNITY CENTER
CITY OF DELRAY BEACH
PROBABLE PHASED CONSTRUCTION - COST ESTIMATE
ITEM
PHASE II ITEMS
AREA
UNIT COSTlS.F.
BUDGET AMOUNT
CONDITIONED SPACE
EXTERIOR COVERED AREAS
22,210 SF
5,611 S.F.
$135 ISF
$70 IS.F.
$2,998,350.00
$392,770.00
PHASE II SUBTOTAL
$3,391,120.00
CONTRACTOR PROFIT & OVERHEAD
2 YEAR CONSTRUCTION INFLATION
15%
$508,668.00
$508,668.00
15%
TOTAL PHASE II CONSTRUCTION COST
$4,408,456.00
PERMIT FEES
CONTINGENCY ALLOWANCE
ADDITIONAL DESIGN, INSPECTIONS, CA FEES
INTERUPTION OF BUILDING USEI POSSIBLE RELOCATION COSTS
3%
$132,253.68
$220,422.80
$176,338.24
UNKNOWN
5%
4%
TOTAL PHASE" PROJECT COST
$4,937,470.721
PHASE I PROJECT COST
PHASE" PROJECT COST
$3,175,371.72
$4,937,470.72
$8,112,842.441
TOTAL PHASED PROJECT COST
ADDITIONAL ITEMS - NOT INCLUDED IN COST ESTIMATE
1. FURNITURE
2. ACCESS CONTROL SYSTEM
3. SECURITY SYSTEM
4. VIDEO MONITORING SYSTEM
5. COMPUTER, DATA & TELEPHONE SYSTEMS
6. EXISTING BUILDING RENOVATIONS
Prices based on April 2006 Construction Cost
REVISED: 4/18/2006
Page 1
%?,~
TO:
THRU:
FROM:
SUBJECT:
DAVID T. HARDEN, CITY MANAGER Y2J.~' f
PAUL DORLlNG, DIRECTOR OF PLANNING AND ZO G
NGUYEN TRAN, SENIOR PLANNER -1~
MEETING OF APRIL 18, 2006 '{Fl' * * * CONSENT AGENDA * * *
APPROVAL OF A FINAL SUBDIVISION PLAT FOR A MIXED USE DEVELOPMENT
KNOWN AS CODA (F.K.A. LIGHTHOUSE), LOCATED ON THE SOUTH SIDE OF SW
1ST STREET, BETWEEN SW 1ST AVENUE AND SW 2ND AVENUE.
The property consists of Lots 1 through 26 of Heisley Estates Subdivision, being a Subdivision of the North
one-half (N Y2) of Block 54, Delray Beach, together with Lots 5, 6 and 13 of Block 54 of the Subdivision of the
south one-half (S Y2) of Block 54, Delray Beach. The property contains eight single family homes that were
constructed between 1930 and 1940. The structures were previously used as a boarding room complex
known as The Lighthouse, but were recently demolished. At its meeting of January 23, 2006, the Planning and
Zoning Board recommended approval of the abandonment of a 16' wide unimproved north-south alley right-of-
way within Block 54 of the Plat of the Town of Linton and Heisley Estates. At its meeting of February 22,
2006, the Site Plan Review and Appearance Board granted site plan approval for the mixed-use development
on the subject property. At its meeting of February 27, 2006, the Planning and Zoning Board approved the
preliminary plat and recommended approval of the final plat for CODA. The associated alleyway
abandonment is being considered in conjunction with this final plat request. Additional background and a
complete analysis of the request are found in the attached Planning and Zoning Board report.
The development proposal consists of the demolition of the existing structures and construction of a 3-story
mixed use building that contains 19,448 square feet of office floor area in the first and second floors and 4, 2
bedroom loft units; together with 36 townhouse units. The townhouse units will be developed on Lots 1-36,
which range from 20.00' to 21.33' wide by 45.00' to 59.00' deep. The loft units and office component will be
developed on a single tract, dedicated as Tract "C", which measures 80.31' wide by 242.19' long. Six (6) open
space tracts (OS-1 through OS-6) are being shown and the recreational component will be constructed on
Tract OS-3. Vehicular access is provided by a privately dedicated internal access tract, Tract "P" connecting
SW 1st Avenue to SW 2nd Avenue. Tract "R-1" and Tract "R-2" have been dedicated as additional right-of-
way for SW 1st Avenue and SW 1st Street. A 5' wide concrete sidewalk is proposed within SW 1st Avenue
right-of-way and a 5' wide concrete sidewalk exists within the SW 2nd Avenue right-of-way. The 16' alley
which runs down the center of the block is abandoned and replaced with an easement on this plat. Please
refer to the attached reduced plat for a detailed layout.
The Planning and Zoning Board considered the proposed plat at their meeting of February 27, 2006. After
reviewing the staff report, the Board voted 7 to 0 to approve the preliminary plat and to recommend to the City
Commission approval of the final plat of CODA. All technical items have been satisfactorily addressed.
Move approval of the request for final plat approval for CODA, by adopting the findings of fact and law
contained in the Planning and Zoning staff report of February 27, 2006, 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, CODA Plat, Planning and Zoning Board staff report of February 27, 2006
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PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
February 27, 2006
V.A.
Combine Preliminary/Final associated with the development of a mixed-use
project for Coda, located on the south side of SW 1st Street, between SW 1s1
Avenue and SW 2nd Avenue.
GENERAL DATA:
Owner/Applicant New Urban Lighthouse, LLC
Agent.. .. .. .. .. ... . . .. .. . .. Jeff Costello
Location........................ The property is located at the
southwest corner of SW 1 st Street
and SW 1st Avenue.
Property Size................ 2.45 Acres
Future Land Use Map... MD (Medium Density 5-12 du/ac) &
TRN (Transitional)
Current Zoning.............. RM (Multiple Family Residential
Medium Density) & RO
(Residential/Office)
Adjacent Zoning..North: CF (Community Facility)
East: CF (Community Facilities) &
OSSHAD (Old School Square
Historic Arts District)
South: RM (Medium Density Residential)
West: RM (Medium Density Residential)
Existing Land Use......... Vacant residential
Proposed Land Use...... Construction of a 3-story mixed use
building with 19,448 sq.ft. of office
and 4 loft dwelling units together with
36 townhouses
Water Service............... Existing on site.
Sewer Service............... Existing on site.
] I h1 CITY t1
1 A TTORNEY I II
8U/WlNG I II
MARTIN LUlHER KING .II. IlRIIIE -
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OF ~
f- 'L PALM BEACH COUNTY
V.A.
The item before the Board is that of approval of a preliminary plat and certification of a
final plat for a 2.45 acre, mixed-use development containing 36 townhouse units, 4 two-
bedroom loft units and 19,448 square feet of office floor area to be platted as Coda.
The subject property is located at the southwest corner of SW 1st Street and SW 1st
Avenue.
This plat is being processed pursuant to LOR Section 2.4.5(J), Major Subdivisions.
The property consists of Lots 1 through 26 of Heisley Estates Subdivision, being a
Subdivision of the North one-half (N %) of Block 54, Delray Beach, together with Lots 5,
6 and 13 of Block 54 of the Subdivision of the south one-half (S %) of Block 54, Delray
Beach. The property contains eight single family homes that were constructed between
1930 and 1940. The structures were previously used as a boarding room complex
known as The Lighthouse, but were recently demolished.
At its meeting of September 21, 2004, the City Commission approved a Small-Scale
Future Land Use Map amendment from MD (Medium Density Residential 5-12 du/ac) to
TRN (Transitional) and Rezoning from RM (Medium Density Residential) to RO
(Residential/Office) for the north 0.86 acres of the Lighthouse property to accommodate
the office component of this mixed-use development.
At its meeting of November 21, 2005 the Planning and Zoning Board recommended
approval of a Conditional Use Request and Rezoning application of the southern 0.21
acre portion of the RO zoned property back to RM.
At its meeting of January 3, 2006, the City Commission approved an LOR Text
Amendment that allows a developer to pay a fee for the construction of a public parking
structure in lieu of providing required parking on-site. At the same meeting, the City
Commission approved a Conditional Use Request to allow an increase above 12
dwelling units per acre (19.6 du/ac) pursuant to the City's Family/Workforce Housing
Ordinance, subject to conditions.
At its meeting of January 23. 2006, the Planning and Zoning Board recommended
approval of the abandonment of the north-south alley right-of-way within Block 54. After
being postponed from the meeting of January 25, 2006, the Site Plan Review and
Appearance Board granted site plan approval for the mixed-use development on the
subject property at their meeting of February 22, 2006.
The plat currently before the Board is required for multi-family/townhouse and mixed-
use type of developments.
The development proposal consists of the demolition of the existing structures and
construction of a 3-story mixed use building that contains 19,448 square feet of office
floor area in the first and second floors and 4, 2 bedroom loft units; together with 36
townhouse units (20 - 2 bedroom units and 16 - 3 bedroom units). The lofts range in
P&Z Board Staff Report
Meeting of February 27,2006
Coda Plat
Page 2
size from 1,389 square feet to 1,440 square feet and the townhouse dwelling units
range in size from 1,615 square feet to 1,871 square feet. A 37-space surface parking
lot will be constructed as well as a recreational area consisting of a cabana, pool and tot
lot.
The townhouse units will be developed on Lots 1-36, which range from 20.00' to 21.33'
wide by 45.00' to 59.00' deep. The loft units and office component will be developed on
a single tract, dedicated as Tract "e", which measures 80.31' wide by 242.19' long. Six
(6) open space tracts (OS-1 through OS-6) are being shown and the recreational
component will be constructed on Tract OS-3.
Vehicular access is provided by a privately dedicated internal access tract, Tract "P"
connecting SW 1st Avenue to SW 2nd Avenue. Tract "R-1" and Tract "R-2" have been
dedicated as additional right-of-way for SW 1st Avenue and SW 1st Street. A 5' wide
concrete sidewalk is proposed to be constructed within SW 1st Avenue right-of-way and
a 5' wide concrete sidewalk exists within SW 2nd Avenue right-of-way. However, a 4'
wide paver brick sidewalk is proposed to be constructed within SW 1 st Street right-of-
way. This proposed sidewalk needs to be 5' wide and is listed as a condition of
approval.
Pursuant to Section 3.1.1 of the Land Development Regulations, prior to approval
of development applications, certain findings must be made in a form which is
part of the official record. This may be achieved through information in the
application, the staff report, or minutes. Findings shall be made by the Board to
approve or deny the development application. These findings relate to Future
land Use Map Consistency, Concurrency and Consistency with the
Comprehensive Plan, and Compliance with the land Development Regulations.
Section 3.1.1 fA) - Future land Use Map: The resulting use of land or structures
must be allowed in the zoning district within which the land is situated and said
zoning must be consistent with the applicable land use designation as shown on
the Future land Use Map.
The FLUM (Future Land Use Map) designation for the north portion of the property is
TRN (Transitional) and is zoned RO (Residential/Office). The RO zoning district is
consistent with the Transitional FLUM designation. Pursuant to LDR Section 4.4.17(8)
& (H)(2), mixed use residential and office uses are allowed as principal uses in the RO
zoning district. The southern portion of the property has a Future Land Use Map
designation of MD (Medium Density Residential 5-12 du/ac) and is zoned RM (Medium
Density Residential). The RM zoning district is consistent with the MD Future Land Use
Map designation. Pursuant to LDR Section 4.4.6(D)(12), multiple family residential
development may exceed 12 units per acre, up to a maximum of 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 compliance with the
P&Z Board Staff Report
Meeting of February 27, 2006
Coda Plat
Page 3
applicable standards and criteria described within the adopted Southwest Area
Neighborhood Redevelopment Plan. Multiple family residential developments, subject
to the FamilylWorkforce Housing program, are allowed as a conditional use in the RM
zoning district. Based upon the above, positive findings can be made with respect to
consistency with the Future Land Use Map.
Section 3.1.1 (B) - Concurrency: Pursuant to Section 3.1.1 (B) Concurrency as
defined pursuant to Objective B-2 of the Future land Use Element of the
Comprehensive Plan must be met and a determination made that the public
facility needs of the requested land use and/or development application will not
exceed the ability of the City to fund and provide, or to require the provision of,
needed capital improvements for the following areas:
Positive findings of concurrency were made as it relates to water, sewer, streets and
traffic, drainage, parks and recreation, open space, and solid waste with the City
Commission approval of the Conditional Use Request on January 3, 2006.
Section 3.1.1 (C) - 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 em - Compliance with the land Development Re~ulations:
. lDR Section 4.3.3(0)(2) (Plat Required):
Each townhouse, or townhouse type, development shall be platted with a minimum
designation of the interior street system as a tract. When the dwelling units are to be
sold, each unit must be shown on the plat. All townhouse units have been shown as
a separate lot and the Condominium/ Commercial portions of the development are
shown as a separate tract. An internal access tract has been dedicated as Tract "P"
and Tracts OS-1 through OS-6 have been dedicated for open space purposes. The
submitted plat meets all other requirements.
. lDR Section 6.1.3(B)(2)(Sidewalk Desi~n Reauirements):
Pursuant to LOR Section 6.1.3(B)(2), 5' wide sidewalks must be constructed within
the street right-of-way (or easement or tract) and must be constructed adjacent to
the right-of-way (easement or tract) line. A 5' wide concrete sidewalk is proposed
within SW 1st Avenue right-of-way and 5' wide concrete sidewalk exists within SW
2nd Avenue right-of-way. As previously mentioned, the proposed 4' wide paver brick
sidewalk located within SW 1st Street right-of-way needs to be enlarged to be 5'
wide. This can be accomplished by reducing the landscaped area along SW 1st
Street and dedicating a l' wide sidewalk easement on the plat; otherwise, a waiver
P&Z Board Staff Report
Meeting of February 27, 2006
Coda Plat
Page 4
to LOR Section 6.1.3 (B)(1), Sidewalk Design Requirements, is needed to reduce
the required sidewalk width from 5' to 4'. This is a condition of approval.
. LOR Section 5.3.1 (RiQht-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.
Vehicular access will be taken directly from SW 1st Avenue and SW 2nd Avenue via a
dedicated access tract, Tract "P". Pursuant to Land Development Regulation (LOR)
Section 5.3.1, there are required street improvements associated with the proposed
development. The ultimate right-of-way width of SW 1st Avenue is 60' and ~O' exists.
Pursuant to LOR Section 5.3.1 (0)(4), a reduction in the required right-of~way width
of existing streets may be granted by the City Engineer upon favorable
recommendation from the Development Services Management Group (DSMG). The
City Engineer and DSMG considered the reductions and approved the reduction of
right-of-way for SW 1st Avenue to 50' and required a dedication of 5-feet to the right-
of-way. Tract "R-1" has been dedicated as additional right-of-way for SW 1st Avenue
with a 20' corner clip. An additional corner clip of 20' has been dedicated as Tract
"R-2", located at the southeast corner of SW 1s Street and SW 2nd Avenue.
Comprehensive Plan Policies:
A review of the objectives and policies of the Comprehensive Plan were conducted
with the Site Plan and all applicable objectives or policies along with a discussion on
how they are addressed is attached as Appendix "C".
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. At its meeting of January 25, 2006, SPRAB
had concerns with a requested internal adjustment relating to the 4' front setback offset
[ref. LOR Section 4.3.3(0)(4)(a)] and the internal adjustments to reduce the distance
between buildings for the townhomes facing S.W. 1st and 2nd Avenues. The Board did
not feel that 15' between the 6-unit and 3-unit buildings on S.W. 1st Avenue was
sufficient. They did indicate that they could support an internal adjustment to allow 9
units in a row. Since the applicant did not resubmit a revised plat showing these
modifications at the time this report was written, it is expected that several lot lines will
shift to accommodate the Board's concern. While there are a considerable number of
comments, they are minor in nature and will not impact the general plat diagram.
P&Z Board Staff Report.
Meeting of February 27. 2006
Coda Plat
Page 5
This project proposal is not within the geographical area requiring review by the Historic
Preservation Board (HPB), the Community Redevelopment Agency (CRA), or the
Downtown Development Authority (DDA).
Courtesy Notices:
A courtesy notice has been sent to the following neighborhood and civic associations:
~ Neighborhood Advisory Council
~ Ebony
~ Progressive Residents of Delray (PROD)
~ President's Council
~ Merritt Park
Letters of objection or support, if any, will be presented at the Planning and Zoning
Board meeting.
The proposal to construct 36 townhouse units, 4 loft style units and 19,448 square feet
of office floor area is consistent with the Zoning and Future Land Use Map designation
for the subject property. Positive findings can be made with respect to LOR Section
3.1.1 (Required Findings for Land Use and Land Development Applications), Section
3.2.3 (Standards for Site Plan and/or Plat Actions) and Goals, Objectives and Policies of
the Comprehensive Plan. The plat and engineering plans will require minor technical
modifications, as listed in "Appendix "B" - Technical Items" section of this report, before
it can advance to the City Commission.
A. Continue with direction.
B. Move a recommendation of approval to the City Commission of the request for a
Final Plat approval for Coda, by adopting the findings of fact and law contained
in the staff report, and finding that the request and approval thereof is consistent
with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(J)
(Major Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions)
and Section 3.1.1 (Required Findings for Land Use and Land Development
Applications) of the Land Development Regulations, subject to conditions.
P&Z Board Staff Report
Meeting of February 27,2006
Coda Plat
Page 6
C. Approve the preliminary plat, and require submittal of a final plat to be processed
separately.
D. Deny the preliminary plat and final plat with basis stated.
Move a recommendation of approval to the City Commission of the request for a Final
Plat approval for Coda, 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 r:neets criteria set forth in Section 2.4.5(J) (Major
Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section
3.1.1 (Required Findings for Land Use and Land Development Applications) of the Land
Development Regulations, subject to the following condition:
1. That all comments under the "Technical Items" section (Appendix "B") of
the report be addressed prior to scheduling the plat for City Commission
action; and,
2. That a 5' wide sidewalk is provided along SW 1st Street or a waiver to
reduce the required sidewalk from 5' to 4' is requested for future
consideration.
Attachments:
. Appendix "A"
. Appendix "B"
. Appendix "C"
. Location Map
. Reduced Survey
. Reduced Plat
. Reduced Site Plan
P&Z Board Staff Report
Meeting of February 27, 2006
Coda 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
Meets intent of standard X
Does not meet intent
C. Open space enhancements as described in Policies found under Objective B-1 of the
Open Space and Recreation Element are appropriately addressed.
Not applicable X
Meets intent of standard
Does not meet intent
D. The City shall evaluate the effect that any street widening or traffic circulation
modification may have upon an existing neighborhood. If it is determined that the
widening or modification will be detrimental and result in a degradation of the
neighborhood, the project shall not be permitted.
Not applicable
Meets intent of standard X
Does not meet intent
E. Development of vacant land which is zoned for residential purposes shall be planned
in a manner which is consistent with adjacent development regardless of zoning
designations.
Not applicable
Meets intent of standard X
Does not meet intent
F. Vacant property shall be developed in a manner so that the future use and intensity
are appropriate in terms of soil, topographic, and other applicable physical
considerations; complementary to adjacent land uses; and fulfills remaining land use
needs.
P&Z Board Staff Report
Meeting of February 27. 2006
Coda 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
Meets intent of standard X
Does not meet intent
P&Z Board Staff Report
Meeting of February 27,2006
Coda Plat
Page 9
The following comments must be addressed prior to scheduling the plat for City Commission:
Plannina & Zonina Department Comments:
Technical Comments:
1. Provide a copy of the Declaration of Covenants, Conditions and Restrictions (Homeowners
Documentation) for Coda Homeowner's Association, Inc.
2. Provide a copy of the Declaration of Condominium Documents for Coda Condominium
Association, Inc.
3. Provide Articles of Incorporation (from the Department of State) showing proof of the
formation of the associations.
4. Provide an executed copy of the Owner's Consent and Designation of Agency form by the
Community Redevelopment Agency for Lots 5 & 6 of the Re-Subdivision of the South Half of
Block 54 unless otherwise owned by New Urban Lighthouse, LLC.
5. Provide updated Title Certification to include Lots 5 and 6, Resubdivision of the South Half
of Block 54, as to the fee-simple title holder of record and listing all encumbrances of record.
6. If Lots 5 & 6 are still owned by the C.R.A. at the time of plat recordation, the C.R.A. needs to
sign the plat also as property owner.
7. Provide Engineering cost estimates for all public improvements.
8. The plat must be reviewed and certified by a surveyor under contract with the City of Delray
Beach, as per FS 177.081 (1). The applicant will be responsible for all costs associated with
this obligation and it is the applicants responsibility to deliver a copy of the plat to the
certifying surveyor of choice.
9. Workforce housing is a major aspect of this development. If units and/or lots onsite will be
subject to this restriction, a restrictive covenant will need to be recorded after plat
recordation but prior to site plan certification. In addition, HOA documents or Condominium
documents will need to be modified to reflect this.
Plat Comments:
1. Please remove the word "ALSO" located on the third line under the Plat Title and located
within the land legal description under the Dedication and Reservation section.
2. Please remove the extra word "THE" located on the third line under the Plat Title and
located within the land legal description under the Dedication and Reservation section.
3. Provide Sheet numbers on each page (i.e. Sheet 1 of 2)
P&Z Board Staff Report
Meeting of February 27,2006
Coda Plat
Page 10
4. Correct the County Clerk's Title to read: "SHARON R. BOCK, CLERK AND
COMPTROLLER" .
5. Fill in the square feet and acres blanks under the Dedication and Reservation section.
6. "Lots 1-36" needs to be included with the dedication section for Tract "C"
7. Tract "P" needs to include language to allow "Parking".
8. Tract "P" is dedicated to Coda HOA but Coda Condo Assoc utilizes this Tract for Access.
Either provide a cross access agreement or additional language within the dedication
paragraph to allow this.
9. Tract "P" needs to be named for Emergency Response purposes. Please contact Ms.
Sandy Roberts, 243-7206 for an appropriate street name.
10. Add language to allow for "Drainage" and "Recreation" to the dedication of the OS Tracts.
11. Separate the Reviewing Surveyor Statement from the City Approval Block Section. Use the
approved standard format for the City Approval Block Section. This can be downloaded
from the City's Website:
http://mydelraybeach.comlDelray/Departments/Environmental+Services/Standards+and+De
tails+2005.htm
12. Provide a Seal Circle for the CRA (if the CRA owns Lots 5 & 6 at the time of plat
recordation ).
13. Correct the bearing reference as stated under Surveyor Notes #2 to reflect the current plat.
14. Bold the Plat Title located on Sheet 2.
15. Tie Plat to a section corner.
16. Show the centerlines of all streets and dimension appropriately.
17. Please provide distances, together with either angles, bearings, or azimuths for the
centerlines of all adjacent streets per F .S. 177.091 (22).
18. A utility easement will be retained with the requested alleyway abandonment due to existing
overhead facilities as well as a municipal sewer main. The easement will need to be shown
on the plat and an abandonment of easement application will have to be processed after
existing utilities have been relocated.
19. Attached, please find a Notification of Utility Providers form from FP&L along with marked up
copies of the plat. The highlighted areas represent a requested 10' wide utility easement for
the provision of utility services to the site. Please work with FP&L and other utility providers
on a composite utility plan due to the severity of this request to avoid any possible redesign
of the site since some areas of the 10' easement overlap building areas.
P&Z Board Staff Report
Meeting of February 27. 2006
Coda Plat
Page 11
Environmental Services Department's Comments:
Plat Comments:
1. Provide coordinates on all P .R.M.
2. Provide digital copy of approved plat in format per City of Delray Beach Engineering.
3. Water and Sewer easement language should match City of Delray Beach Standard
language.
4. Please add the Fire Marshal to the City Approval Block.
5. Please add the Director of Environmental Services to the City Approval Block.
6. Tie Plat to a section corner.
7. Provide a minimum 10' utility easement through property for FPL, BellSouth, Cable,
etc...
8. If there are no utilities in alley, then the entire alley should be abandoned.
9. No exfiltration trench is allowed in City right-of-way. Tie the on-street drainage on SW
1 sl Street to existing drainage on SW 2nd Ave.
10. Plat and engineering plans are to be at the same scale (1"=20' or 1"=30').
11. Provide a detailed description of how each of these comments has been addressed with
next submittal.
Technical Comments:
1. Health Department permits are required for this project. Provide copies of the water
permit and sewer permit.
2. A SFWMD permit is required for this project. Provide copies of permit or a letter of
exception.
3. A plat will be required. No building permit will be issued until the plat is recorded.
4. Revise typical cross sections A-A and H-H to reflect City Standard pavement
specifications, sidewalk dimensions and "F" curb in right-of-way.
5. Site is required to retain 5 year 1 hour storm (3.2") in addition to meeting water quality
criteria (1"). Provide signed and sealed drainage calculations and indicate how storm
water will be retained on site.
6. Provide certified exfiltration trench test results.
7. Show nearest existing drainage structures.
8. Indicate on engineering plans how the roof drainage is accommodated.
P&Z Board Staff Report
Meeting of February 27,2006
Coda Plat
Page 12
9. Provide paving cross section. Minimum 8" limerock is required in the public right-of-way,
use City Standard details.
10. Clearly dimension driveway width. Maximum width of driveway is 24 feet.
11. All sidewalks shall be a minimum of 5' wide and l' off right-of-way line. (See Sections A-
A and H-H)
12. Clearly indicate the center line of the road.
13. Sight triangles should be indicated on landscape plans. Provide copy of the approved
landscape plans. Per section 4.6.14 of LOR's, any landscaping in the site triangle "shall
provide unobstructed cross-visibility at a level between 3' -and 6'" this includes tree
trunks.
14. Provide copy of recorded document for 5' dedication along SW 1st Avenue.
15. Indicate location of existing water services.
16. Engineer is to field verify location, size and depth of existing City of Oelray Beach utilities
prior to submitting Final Engineering Plans.
17. Provide a connection to the existing water main on SW 2nd Ave. near the south end of
property.
18. Indicate on plans the location of pigging wyes. Need sample point and wye at south end
of dead end line.
19. Provide on the detail sheet the City's standard Fill and Flush detail.
20. Provide an automatic blow-off at south end of dead end line.
21. Indicate location of irrigation water meters (east of 1-95 only).
22. Indicate location of existing sewer service. A c1eanout will be required on the sewer
service at the right-of-way line and/or easement line.
23. Consider re-routing sanitary out of alley and onto SW 1st Ave. - then alley can be totally
abandoned.
24. Provide note on both the Engineering Plans and the Landscape plans that there shall be
no trees or shrubs placed within water, sewer or drainage easements.
25. Provide copy of approved Landscape plan.
26. 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
P&Z Board Staff Report
Meeting of February 27, 2006
Goda Plat
Page 13
composite utility plan. The composite plan shall address the responsibility for relocation
of existing services and installation of new services.
27. A minimum 10' general utility easement is to be provided through the property.
28. A certified engineer's estimate will be required for all City maintained improvements. A
110% surety and 2% engineering inspection fees will be required. A Financial
Guarantee and Agreement for Completion of Required Improvements is required. This
agreement can be obtained at www.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.
29. Prior to and during construction of all sites, the permitee shall implement and maintain all
erosion and sediment control measures included in the required Pollution Prevention
Plan. Project is over one (1) acre in size; provide a copy of FDEP Notice of Intent.
30. Provide a detailed description of how each of these comments has been addressed with
next submittal, along with two sets of revised plans to the Engineering Department, 434
S. Swinton Avenue.
P&Z Board Staff Report
Meeting of February 27,2006
Coda Plat
Page 14
Future land Use Element Objective A-1: Property shall be developed or
redeveloped in a manner so that the future use and intensity is appropriate and
complies in terms of soil, topographic, and other applicable physical
considerations, is complimentary to adjacent land uses, and fulfills remaining
land use needs.
There are no significant environmental characteristics to the subject property. The
proposed town homes will provide a transitional use between the commercial and
government related uses along Atlantic Avenue and the single family neighborhood to
the south of the subject property. The residential element of the project will add to the
customer base for the existing commercial uses along West Atlantic Avenue and aid in
the redevelopment of this corridor. The proposed development will enable the
fulfillment of remaining land use needs by the provision of workforce housing within the
Southwest Area Neighborhood Overlay District as discussed in greater detail with
Future Land Use Element Policy C-1.7. Based upon the above, a positive finding can
be made with respect to Future Land Use Element Objective A-1, that the
redevelopment of the subject property will be complimentary to adjacent land uses and
will fulfill remaining land use needs.
Future Land Use Element Policv C-1.7: The following pertains to the Southwest
Neighborhood Redevelopment Area:
This area is generally defined as the area bounded by West Atlantic A venue on
the north, SW 10th Street on the south, Interstate-95 on the west, and Swinton
A venue on the east.
Many of the parcels in the area contain vacant or dilapidated structures,
substandard parking and substandard landscaping. The area also contains
residential areas identified as "Rehabilitation II on the Residential Neighborhood
Categorization Map contained in the Housing Element.
The Southwest Area Neighborhood Redevelopment Plan was adopted by the -City
Commission at its meeting of June 3, 2003. The Plan establishes a blueprint for
the revitalization and stabilization of the area. The Southwest Area Neighborhood
Redevelopment Plan is divided into five sub-areas based upon current and
proposed land uses. The sub-areas serve to define potential boundaries for the
phased implementation of the various plan components. Future development in
the area must be in accordance with the provisions of the Redevelopment Plan.
The subject property is located within the borders of the Southwest Area Neighborhood
Redevelopment Plan and is more specifically included within sub-area #5. Sub-area #5
P&Z Board Staff Report
Meeting of February 27, 2006
Coda Plat
Page 15
is identified as "infill area" consisting of relatively stable residential neighborhoods that
are experiencing some deterioration, but do not require substantial redevelopment to
achieve community livability goals.
The development proposal provides new housing, including workforce housing. The
envisioned development will likely improve the safety of the area as well as its long term
stability. It will introduce daytime activity (offices) and further nighttime activity
(residences), thereby providing more "eyes" to observe what is happening in the area.
This should be a deterrent to criminal activity that has been identified as a problem
within the Southwest Area Neighborhood. Based upon the above, a positive finding can
be made with respect to Future Land Use Element Policy C-1.7, that the proposed
development will fulfill the goals and objectives of the Southwest Area Neighborhood
Redevelopment Plan.
HousinQ 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.
HousinQ 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 proposed development will replace severely deteriorated
housing with 4 condominium units and 36 townhouses that include a common pool and
cabana. The workforce housing component will assure that affordable housing will be
maintained within the neighborhood. The issues with respect to safety, habitability and
stability of the neighborhood should be improved by introducing additional homeowners
into the area.
Section 2.4.5 (F)(5) - Compatibility (Site Plan FindinQs): The approving body must
make a finding that development of the property pursuant to the site plan will be
compatible and harmonious with adjacent and nearby properties and the City as a
whole, so as not to cause substantial depreciation of property values.
The subject property is bordered to the north, south, east, and west by CBD zoning.
The surrounding u~es are a parking lot to the north, multiple family (Hamilton Place &
Porta AI Mare) to the east, commercial to the south, and office to the west.
The mixed-use development proposal will significantly enhance the aesthetics of the
subject property together with the neighborhood. The proposed redevelopment will
provide year-round customer and employment base for the nearby commercial
properties as well as new opportunities for businesses. The stability of the downtown
P&Z Board Staff Report
Meeting of February 27,2006
Coda Plat
Page 16
area will be enhanced by the addition of 47 households that will patronize area
businesses and contribute to the long term revitalization of this redevelopment area
together with employment base of the commercial uses.
The subject property is bordered on the north side by the CF (Community Facilities)
zoning district, on the south and west by RM (Multiple Family Residential) zoning
district, and on the east by CF (Community Facilities) and OSSHAD (Old School Square
Historic Arts District) zoning district. The adjacent land uses include: City of Delray
Beach Library parking lot to the north; single family residential to the south; single family
residential and parking lot for the South County Courthouse to the west; and St. Paul's
Episcopal Church and Sundy House to the east.
The proposed townhouses will provide a transition from the more intense commercial
and governmental uses along West Atlantic Avenue and the single family residential
uses to the south. The additional residents should improve the stability of the
neighborhood by increasing the number of "eyes" in the neighborhood. The proposed
development is one of the first non-governmental developments in the area and
includes a Workforce Housing component. The development activity should have a
positive affect on redevelopment of neighboring properties.
TO:
THRU:
FROM:
SUBJECT:
DAVID T. HARDEN, CITY MANAGE /^.. C ~\
PAUL DORLlNG, DIRECTOR OF PLANN1NG'AN~_ Z~G
NGUYEN TRAN, SENIOR PLANNER ~ ~
MEETING OF APRIL 18, 2006 1*:*6oNSENT AGENDA***
APPROVE RESOLUTION NO. 19-06 ABANDONING A 16' WIDE UNIMPROVED
ALLEY RIGHT-OF-WAY ASSOCIATED WITH A PROPOSED MIXED-USE
DEVELOPMENT NAMED CODA, SOUTH OF SW 1ST STREET, BETWEEN SW 1ST
AVENUE AND SW 2ND AVENUE.
The entire 16' wide north-south alleyway of Block 54 was dedicated with the recordation of the plat
of the Town of Linton (PB 1, PG 3) in 1896. The north one-half (N ~) of Block 54 (Lots 1-4 and Lots
9-12) was replatted by Heisley Estates (PB 13, PG 48) in December of 1925. The proposed mixed
used development, CODA, consists of Lots 1-26 of Heisley Estates and Lots 5, 6 & 13 of Block 54.
The current request involves abandoning the entire 16' wide north-south alleyway within this block
and aggregating the reversionary portion of this alleyway into the CODA development. At its
meeting of January 23, 2006, the Planning and Zoning Board recommended approval of the
abandonment of a 16' x 498' unimproved north-south alley right-of-way within Block 54 of the Plat of
the Town of Linton and Heisley Estates. At its meeting of February 22,2006, the Site Plan Review
and Appearance Board granted site plan approval for the mixed-use development on the subject
property. At its meeting of February 27, 2006, the Planning and Zoning Board approved the
preliminary plat and recommended approval of the final plat for CODA. The final plat for CODA is
being considered in conjunction with this abandonment request.
The City's Fire Department reviewed the request and has no objection to the abandonment. The
City's Environmental Services Department (ESD) located an 8" sanitary sewer main within the
abandonment area. ESD stated that a utility easement must be retained, and at a later time the
sewer line will have to be relocated and the easement abandoned. Adelphia Cable has reviewed
the request and has no objection. Florida Power and Light (FP&L) has identified overhead facilities
that run north/south through this alleyway right-of-way, and FP&L has indicated that they do not
object to the abandonment as long as an easement is granted for their existing utilities. BellSouth
has identified utilities in the alleyway and required an easement be provided or that existing facilities
be relocated at the customer's expense. Since the City, FP&L and BellSouth have identified utilities
within the abandonment area, a general utility easement will be retained over the entire
abandonment area. Additional background and a complete analysis of the request are found in the
attached Planning and Zoning Board report.
On January 23, 2006, the item was considered by the Planning and Zoning Board. Chairman Krall
opened the public hearing and no one from the public spoke. The Board voted 7-0 to recommend
approval of the abandonment. All conditions have been satisfactorily addressed.
By motion, approve Resolution No. 19-06 to abandon a 16' x 498' unimproved north-south alley right-of-
way within Block 54 of the plat of the Town of Linton and Heisley Estates subdivision, 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, Resolution 19-06, and P&Z Staff Report of January 23,2006
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CODA ALLEY ABANDONMENT
Mfo.P REF: LMB92
RESOLUTION NO. 19-06
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRA Y BEACH, FLORIDA, VACATING AND
ABANDONING A 16 FOOT WIDE NORTH-SOUTH
UNIMPROVED ALLEY RIGHT-OF-WAY LYING WITHIN
HElSLEY ESTATES AND THE RESUBDIVISION OF THE
SOUTH ONE HALF (S Yz) OF BLOCK 54, LOCATED ON THE
SOUTH SIDE OF SW 1sT STREET, BETWEEN SW 1sT
AVENUE AND SW 2ND AVENUE, BUT RESERVING AND
RETAINING TO THE CITY A GENERAL UTILITY
EASEMENT OVER THE ENTIRE ABANDONMENT AREA
AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A".
WHEREAS, the City of Delray Beach, Florida, received an application for
abandonment of a 16 foot wide north-south alley right-of-way, lying within Heisley Estates (plat
Book 13, Page 48) and the Resubdivision of the South One Half (S Yz) of Block 54 (plat Book 11,
Page 2), 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 January 23,
2006, and voted 7-0 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), but does not abandon and retains and
reserves unto itself a general utility easement over the entire abandonment area, as more particularly
described in Exhibit "A", for the purpose of emergency access and constructing and/or maintaining,
either over or under the surface poles, wires, pipes, sewers, drainage facilities, or any other facilities
used for various public utilities whether owned by the City or private corporations.
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, but does not
abandon and retains and reserves unto itself a general utility easement over the entire abandonment
area, as more particularly described in Exhibit "A" for the purpose of emergency access and
constructing and/or maintaining, either over or under, the surface poles, wires, pipes, sewers,
drainage facilities, or any other facilities used for various public utilities whether owned by the City
or private corporations, more particularly described as follows:
See Exhibit "A"
PASSED AND ADOPTED ill regular seSSlOn on this the _ day of
,2006.
MAYOR
ATTEST:
City Clerk
2
Resolution No. 19-06
EXHIBIT "A"
ALL OF THE 16' WIDE, NORTH-SOUTH ALLEY AS SHO\VN ON HElSLEY
ESTATES SUBDIVISION, BEING A SUBDIVISION OF THE NORTH ONE
HALF (N Vz) OF BLOCK 54, DELRAY BEACH, FLORIDA, ACCORDING TO
THE PLAT THEROF ON FILE IN THE OFFICE OF THE CLERIZ OF THE
CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, AS
RECORDED IN PLAT BOOK 13, PAGE 48.
TOGETHER WITH;
ALL OF THE 16' WIDE, NORTH-SOUTH ALLEY LYING BETWEEN LOTS 5,
6, 7, 8 AND 13, 14, 15, 16, AS SHO\VN ON THE RESUBDIVISION OF THE
SOUTH ONE HALF (S Vz) OF BLOCK 54, DELRA Y BEACH, FLORIDA,
ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE
CLERIZ OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY,
FLORIDA, AS RECORDED IN PLAT BOOK 11, PAGE 2.
3
Resolution No. 19-06
PLANNING AND ZONING BOARD
CITY OF DELRAV BEACH ---STAFF REPORT---
January 23, 2006
III. E.
Abandonment of a 16' Wide by 498,' of a North-South Alleyway
Lying Within Block 54, of the plat of the Town of Linton and of
Heisley Estates Subdivision, Located south of SW 1st Street,
between SW 1st Avenue and SW 2nd Avenue
MEETING DATE:
AGENDA ITEM:
ITEM:
GENERAL DATA:
Owner I Applicant............... New Urban Lighthouse, LLC
Agent.............................. Kevin Rickard, V.P
New Urban Lighthouse, LLC
Location............................... 16'Wide by 498' Alleyway
within Block 54, and of Heisley
Estates Subdivision.
Property Size........................ 0.18 Acre
Existing FLUM Designation.. TRN (Transitional 0-5 du/ac) &
MD (Medium Density, 0-5
du/ac)
Current Zoning..................... RM (Medium Density
Residential) & RO ( Residential
Office)
Adjacent Zonings........North: CF, RM
East: RM & CF (Community
Facilities)
South: RM
West: RM
Existing Land Use................ Unimproved right-of-way.
Proposed Land Use............. Aggregation into adjacent lots
to be used for a walk-way
proposed mixed-use
development named Coda.
Water Service...................... n/a with this request.
Sewer Service...................... n/a with this request.
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III. E.
The item before the Board is that of making a recommendation to the City Commission on the
proposed abandonment of a 16' x 498' unimproved north-south alley right-of-way within Block
54 of the plat of the Town of Linton (Plat Book 1, Page 3) and of Heisley Estates Subdivision
(Plat Book 13, Page 48). The abandonment is associated with a proposed mixed use
(residential, office and commercial) development to be named Coda (fka Li~hthouse). The
alleyway is located south of SW 1st Street, between SW 1st Avenue and SW 2n Avenue.
This right-of-way abandonment is being processed pursuant to LDR Section 2.4.6(M),
Abandonment of Rights-of-Way.
The entire 16' wide north-south alleyway of Block 54 was dedicated with the recordation of the
plat of the Town of Linton in 1896. The north one-half (N ~) of Block 54 (Lots 1-4 and Lots 9-
12) was replatted by Heisley Estates in December of 1925.
The proposed mixed used development, Coda, consists of Lots 1-26 of Heisley Estates and
Lots 5, 6 & 13 of Block 54. At its meeting of September 21, 2004, the City Commission
approved a Small-Scale Future Land Use Map amendment from MD (Medium Density
Residential, 0-5 du/ac) to TRN (Transitional) and Rezoning from RM (Medium Density
Residential) to RO (Residential Office) for the north 0.86 acres of the Coda property.
At its meeting of November 21, 2005 the Planning and Zoning Board approved a conditional
use application and rezoning of the southern 0.21 acre portion of the RO zoned property back
to RM. The purpose of the rezoning is to accommodate the density ratio provisions of the City's
Family/Workforce Housing Ordinance.
An application was submitted for a Class V Site Plan, Landscape Plan and Architectural
Elevations for the proposed development. The Site Plan has been scheduled for Site Plan
Review and Appearance Board (SPRAB) review on January 25, 2006. In addition, the plat has
also been submitted and is scheduled for the February 27 Planning and Zoning Board meeting.
The portion of alleyway proposed for abandonment is a 16' x 498' rectangular shaped right-of-
way containing approximately 7,968 square feet (0.18 acre). The abandonment area
represents a portion of an unimproved north-south alleyway within Block 54.
The abandonment request was submitted by New Urban Communities which is the
owner/developer of the proposed project. The alleyway will be utilized as a walkway within the
Coda development, once abandoned, and the area will be incorporated for additional density
calculations.
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, i.e. property dedicated
exclusively from a single parcel shall be returned to that parcel; property dedicated through
subdivision shall be divided at the center line and returned equally to abutting parcels.
Planning and Zoning Board Staff Report, January 23, 2006
Item III. E. Coda Alley Abandonment
As previously mentioned, the alleyway was dedicated entirely within Block 54. By abandoning
this area, the alleyway will be divided at the center line and the property will be returned equally
to all abutting lots. The remaining portion of the alley will revert to the adjacent property owners.
Utility Services
The City's Fire Department reviewed the request and has no objection to the abandonment.
The City's Environmental Services Department (ESD) located an 8" sanitary sewer main within
the abandonment area. ESD stated that a sewer easement must be retained, and at a later
time the sewer line will have to be relocated.
Adelphia Cable has reviewed the request and has no objection.
Florida Power and Light (FP&L) has identified overhead facilities that run north/south through
this alleyway right-of-way, and FP&L has indicated that they do not object to the abandonment
as long as an easement is granted for their existing utilities. - .
BellSouth has identified utilities in the alleyway. BellSouth is requesting that an easement be
provided or that existing facilities be relocated at the customer's expense.
Florida Public Utilities has not responded to this request at the time this report was written.
Since the City has identified utilities within the abandonment area, a general utility easement
will be retained over the entire abandonment area; therefore, if Florida Public Utilities does have
facilities within the alleyway, they will be covered by this general utility easement. This will be a
condition of approval.
Pursuant to LDR Section 2.4.6(M)(5), prior to any right-of-way abandonment being approved,
the following findings must be made:
A) That there is not, nor will there be a need tor the use ot the' right-ot-way tor any
public purpose.
The 16' x 498' portion of alleyway proposed for abandonment is currently unimproved and is
not being utilized for any means of access. The applicant originally submitted to abandon
the entire north -south and east-west alleyway within Block 54. The CRA had concerns with
the abandonment of the east-west alleyway located on the south end of this block. They felt
that the properties fronting SW 2nd Street were prime candidates for redevelopment and if
they were to be redeveloped into multiple family uses, access is recommended from the
east-west alleyway. The City has no plans to utilize the north-south alleyway for any other
public purpose.
Pursuant to Policv 8-1.4 of the Coastal Management Element of the City's
Comprehensive Plan, The City shall retain all existing public access to the
Intracoastal Waterway, including street ends, and should consider enhancement of
the street ends as pOCket parks with reasonable use restrictions including limited
hours of operation.
The location of the Coda right-of-way abandonment does not have any affect on Policy B-
1.4, and therefore is consistent with Comprehensive Plan.
2
Planning and Zoning Board Staff Report, January 23,2006
Item III. E. Coda Alley Abandonment
B) That the abandonment does not, nor will not, prevent access to a lot of record.
The subject abandonment will not prevent access to any parcel, as all affected parcels have
primary access from SW 1st Avenue, SW 2nd Avenue, SW 2nd Street and SW 1s Street.
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.
An 8" Sanitary Sewer main is located within the abandonment area as well as overhead
electric identified by Florida Power & Ught and aerial cables identified by Bell South. 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 within the geographical area requlnng review by the CRA
(Community Redevelopment Agency. The proposed abandonment is not within the
geographical area requiring review by the DDA (Downtown Development Authority) or HPB
(Historic Preservation Board).
Development Services Manaaement Group
On January 5, 2006 the DSMG reviewed this abandonment request and had concerns. One
being the applicant originally submitted to abandon the entire north-south and east-west
alleyway within Block 54. The CRA had concerns with the abandonment of the east-west
alleyway located on the south end of this block. They felt that the properties fronting SW 2nd
Street were prime candidates for redevelopment and if they were to be redeveloped into
multiple family uses, access is recommended from the east-west alleyway. DSMG decided not
to abandon the east-west portion. The other concern was the sewer line. DSMG requested an
easement for the existing sewer line until the sewer line can be relocated.
Community Redevelopment Aaencv
The CRA reviewed this abandonment request at its meeting of January 12, 2006 and
recommended "Approval" (7-0).
Courtesy Notices:
Courtesy notices have been provided to the following groups:
. PROD - Progressive Residents of Delray
. Presidents Council
. Neighborhood Advisory Council
. Ebony
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.
3
Planning and Zoning Board Staff Report, January 23, 2006
Item III. E. Coda Alley Abandonment
As previously mentioned, the abandonment area is unimproved and is not being utilized for any
means of access. The subject area is not needed, nor will it be needed, for any public purpose
and the City has no immediate future plans to improve this alleyway. Access will not be
prevented to any lot of record and all current utilities and future needs will be accommodated
with the reservation of a general utility easement.
1. Continue with direction.
2. Move approval of the request for the abandonment of a 16 x 498' unimproved north-south
alley right-of-way within Block 54 of the plat of the Town of Linton (PB 1, PG 3) and Heisley
Estates subdivision (PB 13, PG 48), 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 conditions.
3. Move denial of the request for abandonment by adopting the findings of fact and law
contained in the staff report, and finding that the request and approval thereof is not
consistent with the Comprehensive Plan and does not meet criteria set forth in Section
2.4.6(M)(5) of the Land Development Regulations.
By motion, recommend to the City Commission approval of the abandonment of a 16' x 498'
unimproved north-south alley right-of-way within block 54 of the plat of the Town of Linton (PB
1, Pg 3) and Heisley Estates subdivision ( PB 13, Pg48), 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 conditions:
1. That the Resolution abandoning the subject area includes language which establishes a
general utility easement over the entire abandonment area;
2. That the Abandonment will not be forwarded to City Commission for final action until the
proposed development receives site plan approval from the Site Plan Review and
Appearance Board; and
3. That an easement for the existing sanitary sewer line be shown and recorded until the
sewer line can be relocated
Report Prepared by: Jason Dobronz, Planner
Attachments:
Location Map
Survey of Abandonment Area
Reduced Site Survey
4
MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER vr1
AGENDA ITEM ~ <l6 - REGULAR MEETING OF APRIL 18. 2006
FINAL PLAT APPROVAL/MICHAEL'S WAY
TO:
SUBJECT:
DATE:
APRIL 14,2006
This is before the Commission to approve the final subdivision plat for Michael's Way (fka Seagate
Villas), a proposed minor subdivision. The property is located on the northeast comer Sea Sage
Drive and Bucida Road.
The property is a re-plat of a portion of Lot 4, Block 13, Seagate Section "A", lying in Section 21.
All technical and staff comments have been addressed and the plat is ready for approval.
Recommend approval of the final subdivision plat for Michael's Way.
S:\City Clerk\agenda memos\Final Plat Michael's Way 041806
City Of Delray Beach
Department of Environmental Services
M E M 0 RAN DUM
TO:
FROM:
David T. Harden, City Manager
Jill Skaggs, P.E., Asst. City Engineer J2.?
April 11, 2006
DATE:
SUBJECT: Michael's Way Plat
Agenda Request
The attached Agenda Request is for Commission approval of the Michael's Way Plat
(fka Seagate Villas), a proposed minor subdivision, located on the northeast corner of
Sea Sage Drive and Bucida Road. This property is a replat of lot 4, Block 13, Seagate
Section "A" (PB 20, Pg. 48, PBCR) lying in Section 21, Township 46 South, Range 43
East, City of Delray Beach, Palm Beach County, Florida.
This plat is processed as a minor subdivision, therefore, it is forwarded directly to City
Commission for final action (no other board review was necessary).
Enclosed are a location map and a reduced copy of the plat.
If this meets with your approval, please place it on the April 18, 2006 Commission
Agenda for approval.
Thanks!
enc
cc Richard Hasko, Director of Environmental Services
Randal Krejcarek, City Engineer
Nguyen Tran, Senior Planner
Carolanne Kucmerowski
TAC File
Agenda File, April 18, 2006
S:\EngAdmin\TAC\Seagate Villas (Lot 4, BLK 13, Michael's Way Plat) \2006 Apr 18 agenda memo. doc
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RD.
MICHAEL'S WAY (FKA SEAGATE VILLAS)
CITY OF OELRAY BEACH. FL
PLANNING '" ZONING OEPARTlAENT
- - DIGITAL BASE MAP SYSTEM --
MAP REF: LM880
Date: 10 April 2006
AGENDA ITEM NUMBER: g~
AGENDA REQUEST
Request to be placed on:
-X-Consent Agenda _Regular Agenda _Workshop Agenda _Special Agenda
When: 18 April 2006
Description of Agenda Item (who, what, where, how much):
Request Commission approval of the plat for Michael's Way (tka Seagate Villas), a minor
subdivision located on the northeast corner of Sea Sage Drive and Bucida Road. This property
is a replat of lot 4, Block 13, Seagate Section "A" (PB 20, Pg. 48, PBCR) lying in Section 21,
Township 46 South, Range 43 East, City of Delray Beach, Palm Beach County, Florida.
Staff Recommendation: Approval '2- /' U
Department Head Signature: L~ l_
City Attorney ReviewlRecommendation (if applicable):
l.f -Il,.-oip
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:
Hold Until:
P1
Agenda Coordinator Review:
Received:
S:\EngAdmin\TAC\Seagate Villas (Lot 4, BLK 13, Michael's Way Plat)\2006 Apr 18 agenda. doc
The City of Boynton Beach
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City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
e-mail: prainitoj@ci.boynton-beach.f1.us
www.boynton-beach.org
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April 6, 2006
Mr. David Harden
CIlY MANAGER
CIlY OF DELRA Y BEACH
100 NW 1ST AVENUE
DELRA Y BEACH FL 33444
Re: Resolution No. R06-075 - Interlocal Agreement Between the City of Delray Beach
and the City of Boynton Beach regarding the maintenance of the Lake Drive
Bridge.
Dear Mr. Harden:
Attached are two partially executed contracts as stated above. The City Commission
approved this agreement at their regular meeting on April 4, 2006.
Once the documents have been fully executed, please return one fully executed original
to me for our Central Files. Thank you.
Very truly yours,
CITY OF BOY.'; _ O~ BEACH
I J~ f. ,j4z/'. ,.-'
Y pYle C
eputy City Clerk
Attachments
s:\CC\WP\AmR COMMISSION\Other Transmittal Letters After Commisslon\DeIray Beach - R05-206 . Interlocal Agreement for Transfer of Fire-Safety Traller.dot
America's Gateway to the Gulfstream
?3e
1200-075
Prepared by:
RETURN:
R. Brian Shutt, Esq.
City Attorney's Office
200 N.W. 1st Avenue
Delray Beach, Florida 33444
INTERLOCAL AGREEMENT BETWEEN THE CITY OF
DELRA Y BEACH AND THE CITY OF BOYNTON BEACH
REGARDING THE MAINTENANCE OF THE LAKE DRIVE BRIDGE
THIS AGREEMENT is made this _day of
, 2006 by and between
the CITY OF DELRAY BEACH, (hereinafter referred to as "DELRAY"), and the
CITY OF BOYNTON BEACH, (hereinafter referred to as the "BOYNTON").
WITNESSETH:
WHEREAS, the property located at 2200 Lake Drive is currently within the City
limits of BOYNTON; and
WHEREAS, the property owner of 2200 Lake Drive wishes to deannex from
BOYNTON and annex into DELRAY as it is not contiguous to BOYNTON and fails to
meet the criteria set forth in Florida Statute Section 171.043 and the same property
owner owns an adjacent parcel that is located in the City limits of DEL RAY; and
WHEREAS, the property at 2200 Lake Drive is the only parcel that is currently
part of BOYNTON that exists on the south side of a waterway, in this area, that separates
BOYNTON and DELRAY; and
WHEREAS, there is a bridge on Lake Drive that separates DELRA Y and
BOYNTON and is currently maintained by BOYNTON; and
WHEREAS, DELRA Y wishes to fund 50% of the maintenance of the bridge,
including the water service interconnection, once the property located at 2200 Lake Drive
and described in Exhibit "A" has been annexed into DELRAY; and
WHEREAS, Florida Statute Section 163.01 authorizes the execution ofinterlocal
agreements to allow public agencies to jointly exercise any power, privilege, or authority
which such agencies share in common and which each might exercise separately.
NOW, THEREFORE, in consideration of the mutual covenants and promises
herein contained, the parties hereby agree as follows:
1. INCORPORATION OF RECITALS. The recitations set forth above
are hereby incorporated herein.
2. BRIDGE MAINTENANCE. BOYNTON intends to perform
extensive repairs to the Lake Drive bridge during the 2006-07 Fiscal Year. DELRA Y
agrees to pay BOYNTON an amount not to exceed $35,000.00 as its share of the repairs
to the Lake Drive bridge during Fiscal Year 2006-07. In the event the repairs are not
complete during the 2006-07 Fiscal Year, the parties agree to arrange for payment of
DELRA V's portion of the repair costs during the subsequent fiscal year. During the
2007-08 Fiscal Year, and each year thereafter, DELRAY shall fund 50% of the
maintenance cost of the bridge, including the water service interconnection, located on
Lake Drive that separates DELRA Y and BOYNTON once the property located at 2200
Lake Drive, and described in Exhibit "A", is annexed into DELRAY. On an annual
basis, BOYNTON shall send to DELRA Y an invoice which represents the 50% share
that DELRA Y is responsible for paying. DELRA Y shall pay the invoice within thirty
2
(30) days of receipt. If the property is not annexed into DELRA Y this Agreement shall
be void.
3. RECORDING OF AGREEMENT. This Interlocal Agreement shall be
filed pursuant to the requirements of Section 163.01(11) of the Florida Statutes.
4. INTEGRATION; AMENDMENTS. No prior or present agreements or
representations with regard to any subject matter contained within this Agreement shall
be binding on any party unless included expressly in this Agreement. Any modification
to this Agreement shall be in writing and executed by the parties.
5.
SOVEREIGN IMMUNITY.
Cities are state agencies as defined in
Chapter 768.28, Florida Statutes. To the extent permitted by law, each party agrees to be
fully responsible for acts, omissions, and negligence of their agents, officers, or
employees. Nothing herein is intended to serve as a waiver of sovereign immunity by
any party to which sovereign immunity may be applicable. Nothing herein shall be
construed as consent by a state agency or political subdivision of the State of Florida to
be sued by third parties in any matter arising out of this Agreement or any other contract.
Both parties acknowledge that this is an Interlocal Agreement created pursuant to
Section 163.01, Florida Statutes, and that each party shall retain all legislative authority
with regard to its respective governing body. All of the privileges and immunities from
liability; exemptions from laws, ordinances, and rules; pensions and relief, disability,
workers' compensation, and other benefits which apply to the activity of officers, agents
or employees of any public agency when performing their respective functions within the
territorial limits for their respective agency shall apply to the same degree and extent to
3
the performance of such functions and duties of those officers, agents, or employees
extra-territorially under the provisions of any Interlocal Agreement.
6. NOTICES. Any invoices to be sent pursuant to this Agreement, and all
notices given or required under this Agreement shall be in writing and may be delivered
in person or by United States mail, postage prepaid, first class and certified, return receipt
requested, addressed as follows:
TO CITY OF BOYNTON BEACH:
City Manager
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33435
With copy to:
City Attorney
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33435
TO CITY OF DELRA Y BEACH:
City Manager
100 N. W. 1 st Avenue
Delray Beach, Florida 33444
With copy to:
City Attorney
200 N.W. 1st Avenue
Delray Beach, Florida 33444
7. VALIDITY. The validity of any portion, article, paragraph, provision,
clause, or any portion thereof of this Agreement shall have no force and effect upon the
validity of any other part of portion hereof.
4
8. GOVERNING LAWS; VENUE. This Agreement shall be governed by
and in accordance with the Laws of Florida. The venue for any action arising from this
Agreement shall be in Palm Beach County, Florida.
9. ASSIGNMENT. Neither DELRAY nor BOYNTON shall assIgn or
transfer any rights or interest in this Agreement.
10. SIGNING OF AGREEMENT. This Agreement shall not be valid until
signed by the Mayor and the City Clerk of DEL RAY and BOYNTON.
IN WITNESS WHEREOF, the parties have hereto set their hands and seals this
day of , 2006.
ATTEST:
By:
City Clerk
Approved as to Form:
By:
City Attorney
ATTEST:
CITY OF DELRA Y BEACH, FLORIDA
By:
Jeff Perlman, Mayor
By:
EXHIBIT "A"
Beginning at the Northeast corner of Lot A, Plat of Lake Shore Estates, as recorded in
Plat Book 25, Page 26, Public Records of PALM BEACH COUNTY, FLORIDA;
THENCE South a distance of 5.30 feet THENCE South 89055'15" West, a distance
184.41 feet; THENCE South 00004'65" East, a distance of 17.64 feet; THENCE South
89055'15" West, a distance of 14.54 feet; THENCE South 00006'10" West a distance
25.07 feet; THENCE South 89055'15"West, a distance of 21.11 feet; THENCE North
a distance of 48.21 feet to the point of curvature of a curve concave to the southeast
with a radius of 150.00 feet a central angle 5040'06" an arc distance of 14.84 feet;
THENCE North 25055'55" West, a distance of 2.94 feet; THENCE North 00051 '14"
West a distance of 22.05 feet; THENCE North 07032'39" East, a distance of 12.74
feet; THENCE North 16011'44" East, a distance of 24.61 feet; THENCE North
12011 '07" East, a distance of 17.11 feet; THENCE North 44045'40" East, a distance of
55.28 feet; THENCE North 56018'01" East, a distance of 22.00 feet; THENCE North
71041 '50" East, a distance of 21.18 feet; THENCE North 83008'53" East, a distance of
125.82 feet; THENCE South 74048'01" East, a distance of 1.16 feet; THENCE North
90000'00" East, a distance of 5.32 feet; THENCE South 165.24 feet to the Point of
Beginning LESS Commencing and Beginning at the Northeast comer of Lot A, Plat of
Lake Shore Estates, as recorded in Plat Book 25, Page 26, Public Records of PALM
BEACH COUNTY, FLORIDA; THENCE South along the East Boundary of Lot A, a
distance of 5.30 feet; THENCE South 89055'15" West, a distance 184.41 feet;
THENCE South 00004'45" East, a distance of 17.64 feet; THENCE South 89055'15"
West, a distance of 14.54 feet; THENCE South 00006'ldWest, a distance of 25.07 feet;
THENCE South 89055'15" West, a distance of 21.11 feet to a point on the West Line
of Lot A; THENCE North along said West Line of Lot A a distance of 48.01 feet;
THENCE North 89055'15" East along the North Line of Lot A a distance of 220.08
feet to the point of beginning.
[ITY DF DElRAY IEA[H
CITY ATTORNEY'S OFFICE
2()() NW 1st AVENLE' DELRAY BEACH. FLORIDA 33444
ITl Yf'IIO\iE: 561 !24.'-7()()() . F!\CSIf\lIl.E 561/nX-4755
, III I! DATE:
DELRAY BEACH
D.f&I:III
All-America City
1993
2001
Writer's Direct Line: 561/243-7091
MEMORANDUM
April 10, 2006
TO:
City Commission
David Harden, City Manager
P.-~
Brian Shutt, Assistant City Attorney
FROM:
SUBJECT: Rioht of Way Deed/Rioht of Entry Aoreement with Mr. Hammad
Mr. Hammad is redeveloping his property, located at the southeast corner of NW
5th Avenue and NW 2nd Street. The attached right of entry agreement will allow
the City to go onto Mr. Hammad's property and relocate his parking spaces, that
currently backs out onto NW 5th Avenue, to the other side of his property where
access will be taken off an alley.
Mr. Hammad is also dedicating 2' of right-of-way, adjacent to the alley, to the City
as a requirement of his redevelopment.
Please place this item on the April 18, 2006 City Commission agenda for
acceptance. Please call if you have any questions.
Attachments
cc: Chevelle Nubin, City Clerk
Randal Krejcarek, City Engineer
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Prepared by: RETURN:
R. Brian Shutt, Esq.
City Attorney's Office
200 N.W. 1st Avenue
Delray Beach, Florida 33444
RIGHT-OF-WAY DEED
THIS INDENTURE made this _ day of , 200_, between
A IY1 :r fir D H A tv1 tV1 AD, with a mailing address of q B I IV W 2 -q'tf /Iv.
1=+, L4G(1JJCi?l)IJOeJ:t.' 33311, as party of the first part and CITY OF DELRAY
BEACH, FLORIDA, a 'Florida municipal corporation with a mailing address of 100 N.W. 1st
Avenue, Delray Beach, Florida 33444, as party of the second part.
WITNESSETH:
That said party of the first part, for and in consideration of the mutual promises herein
contained and other good and valuable consideration, does hereby grant, remise, release, quit
claim and convey unto the party of the second part, its successors and assigns, all right, title,
interest, claim and demand which the party of the first part has in and to the following-described
land, situate, lying and being in the County of Palm Beach, State of Florida, to-wit:
See Exhibit "A" attached hereto.
This Deed is made for the purpose of giving and granting to the party of the second part,
its successors and assigns, a right-of-way and easement in and to said lands for public highway,
street, sidewalk and public utility purposes; and is made, executed and delivered with the express
understanding and condition that should the same ever be discontinued or abandoned as a public
highway or street, the title to same shall thereupon revert to and revest in the party of the first
part or assigns.
That this right-of-way shall be subject only to those easements, restrictions, and
reservation of record. The party of the first part agrees to provide for the release of any and all
mortgages or liens encumbering this right-of-way. The party of the first part also agrees to erect
no building or effect any other kind of construction or improvements upon the above-described
property.
Party of the first part does hereby fully warrant the title to said land and will defend the
same against the lawful claims of all persons whomsoever claimed by, through or under it, that it
has good right and lawful authority to grant the above-described right-of-way and that the same is
unencumbered. Where the context of this Right-of-Way Deed allows or permits, the same shall
include the successors or assigns of the parties.
TO HA VE AND TO HOLD THE SAME, together with all and singular the
appurtenances thereto belonging or in anywise incident or appertaining, and all the estate, right,
title, interest, and claim whatsoever of the said party of the first part, in law or in equity to the
only proper use, benefit, and behalf of the said party of the second part, its successors and
assIgns.
IN WITNESS WHEREOF, said party of the first part has hereunto set their hand and seal
the date first above written.
'~\~~~?~7 ~
(Name printed or typ~)
STATE OF .furtZ.I DA-
COUNTY OF Thw ~
(Address)
The foregoing instrument was acknowledged before me this q-ti1 day of
~{ , 200J2., by -.4 MJ~ ~~^-,A-Q ~. , as _O~Na'L _. _ _ Q
(Tiame of' officer 0: age;nt, title of. ffieer or ageflt), of '1 -- - -. - .'. .
=;{g:~:r::'':f'':~:v=;;;:,. ~h~~ personal1~'::': ~a:e]:/::::~~~=::
^lit (type of identification) as identification.
Name Typed, Printed or Stamped
PAM8.A D. WilLIAMS
MY COMMISSION # DD 455221
EXPIRES: July 27,2009
Bonded Thnl Notary Public Underwrite..
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W IPLANTERS AROUND TREES
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REPLA T OF PART OF
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(P.B. 21, PG. 43, P.B.C.RJ
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CITY of DELRA Y BEACH
ENVIRONMENTAL SERVICES DEPARTMENT
434 SOUTH 8WNTON AVENUE. DB.RAY BEACH. R...ORDA 33444
PROPOSED RIGHT -OF -W A Y DEDICATION
143 NW 5TH AVENUE
Exhibit "A"
06/30/05
2003-037
1 of 1
RIGHT OF ENTRY AND LICENSE AGREEMENT FOR REMOVAL OF ASPHALT
AND CONSTRUCTION OF LANDSCAPING, SIDEWALK AND PARKING SPACES
THIS AGREEMENT entered into this _ day of , 200_, by and between
the CITY OF DELRA Y BEACH, a Florida municipal corporation, (hereinafter referred to as
CITY), and AM :rAn HA/YlM A-D , referred to as (OWNER), provides as follows:
WHEREAS, the CITY desires to remove certain impervious asphalt areas and
install/construct landscaping, sidewalks and parking areas in accordance with approved plans;
and,
WHEREAS, in order to complete said removal and construction/installation, it is
necessary for the CITY to enter upon and perform various construction tasks on the property
described in Exhibit "A" and Exhibit "B".
NOW, THEREFORE, in witness of the above and in consideration of the CITY agreeing
to conduct the aforesaid construction, OWNER hereby grants unto the CITY, their employees,
agents, contractors, sub-contractors, andlor assigns the license and right to enter upon said land
of OWNER for the purpose of constructing/installing said improvements in accordance with the
project.
1. The above-stated recitals are incorporated herein as if fully set forth herein.
2. It is further agreed that the license and rights granted herein shall cease upon
completion and finalization of the contract which said work is performed. The work includes the
removal of asphalt areas as shown on Exhibit "A" and the construction/installation of
landscaping and sidewalks in this same area. The work also includes the construction/installation
of 9 parking spaces and 1 dumpster pad, in accordance with the approved plan, in the area shown
on Exhibit "B".
3. This Agreement constitutes the entire agreement and understanding of the parties,
and supersedes all offers, negotiations, and other agreements. There are no representations or
understandings of any kind not set forth herein. Any amendments to this Agreement must be in
writing and executed by both parties. Venue shall be in Palm Beach County, Florida.
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the
day and year first above written.
WITNESSES:
:'?s{!{ ~(w~
I' \ l..-\....- vt C7q~
(1<Jame Printed or Typed)
STATE OF FLORIDA
COUNTY OF PALM BEACH
The for~going instrument was acknowledged before me this q-tt\ day of ful-u:i '
;;LtlSl." , by AAI0A-D HAM~{A-j) ~' (name of person acknowledging), wh is
personally known to me or who has produced II- as identification and
who did (did not) take an oath.
~.,.~ . r~... PAMELA D. WILLIAMS
!.: .~.\ MY COMMISSION # DD 455221
. . EXPIRES: July 27,2009
Bonded Thru Notary PublIo Underwrltors
ATTEST:
CITY OF DELRA Y BEACH, FLORIDA
By:
By:
City Clerk
Approved as to Form:
---
By:~~
~~.. City Attorney
Jeff Perlman, Mayor
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(P.B. 21, PG. 43, P.B.C.RJ
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ASPHALT
CITY of DELRA Y BEACH
ENVIRONMENTAL SERVICES DEPARTMENT
434 80lJTH 8WNTON AVENUE. Dl3..RAY BEACH. R.ORDA 33444
PROPOSED CONSTRUCTION EASEMENT
143 NW 5TH AVENUE
Exhibit "A"
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25' 25'
06/30/05
2003-037
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W IPLANTERS AROUND TREES
(PLANTERS NOT SHOWN)
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REPLA T OF PART OF
BLOCK 27, TOWN OF LINTON
(P.B. 21, PG. 43, P.B.C.RJ
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ASPHALT
CITY of DELRA Y BEACH
ENVIRONMENTAL SERVICES DEPARTMENT
434 BOVTH 8WNTON A~ DB...RAY BEACH, Ft.ORDA 33444
PROPOSED CONSTRUCTION EASEMENT
143 NW 5TH AVENUE
Exhibit "B"
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06/30/05
2003-037
OA
oM
TO:
DAVI~ARDEN
CITY ~E
PAUL DORLlNG, DIR
FROM:
OR OF PLANNfG AND ZONING
PLANNER~~~~
MEETING OF APRIL 18,2006 *CONSENT AGENDA*
ACCEPTANCE OF A RIGHT-OF-WAY DEED ASSOCIATED WITH THE
LEGACY BANK OF FLORIDA AT 50 NE 5TH AVENUE.
THRU:
SUBJECT:
The action requested of the City Commission is acceptance of an alley right-of-wa~
deed associated with the Legacy Bank of Florida, located on the west side of NE 5
Avenue (Federal Highway), 284 feet north of Atlantic Avenue (50 NE 5th Avenue).
At its meeting of February 22, 2006, the Site Plan Review and Appearance Board
(SPRAB) approved the Class II site plan modification for the Legacy Bank of Florida
subject to a condition that an additional 2 feet along the western property line (east side
of the alley) be dedicated for expansion of the alley right-of-way. Pursuant to LDR
Section 5.3.1 (D)(2), the required alley width is 20 feet or the existing dominant width.
The existing alley along the west side of the subject property is 16.2 feet wide. In order
to provide adequate maneuvering area within this alley a dedication of 2 feet is required.
With future development of the parcel on the west side of the alley (currently a parking
lot), a similar 2-foot right-of-way dedication will be required. The right-of-way deed has
been reviewed and approved by the City Attorney's Office for legal form and sufficiency.
By motion, accept the 2 foot alley right-of-way deed associated with the Legacy Bank of
Florida.
Attachments:
CJ Reduced Site Plan and Right-of-Way Deed.
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Prepared by: RETURN:
Thomas M. Stanley, Esq.
MacMillan & Stanley, PLLC
29 NE 4th Avenue
Delray Beach, FL 33483
Property Control No. 12-43-46-16-01-100-0090
RIGHT-OF-WAY DEED
THIS INDENTURE made this JL day of ~ ,2006, between
CAROL MacMILLAN STANLEY, Individually and as Trustee of an unrecor d trust agreement dated
September 30, 1994, CECIL O. STANLEY, JR. and LYNN M. DENNEY, whose address is 29 NE 4th
Avenue, Delray Beach, Florida, 33483, first party, to the CITY OF DELRAY BEACH, a Florida municipal
corporation, and having its principal place of business at 100 NW 1st Avenue, Delray Beach, Florida
33444, second party.
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:
The West two (2) feet of the following parcel:
Lots 9 and 10 less the East 10 feet thereof, Block 100, Map of the Subdivision of Block
100, Town of Delray, according to the Plat thereof on file in the office of the Clerk of the
Circuit Court in and for Palm Beach County, Florida, in Plat Book 1, Page 65, Public
Records of Palm Beach County, Florida.
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 the maintenance thereof; 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, except that the easement for public utility purposes shall remain until released.
That this right-of-way shall be subject only to those easements, restrictions, and
reservation of record. The party of the first part agrees to provide for the release of any and all mortgages
or liens encumbering this right-of-way. The party of the first part also agrees to erect no building or effect
any other kind of construction or improvements upon the above-described property.
Party of the first part does hereby fully warrant the title to said land and will defend the
same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good
right and lawful authority to grant the above-described right-of-way and that the same is unencumbered.
Where the context of this Right-of-Way Deed allows or permits, the same shall include the successors or
assigns of the parties.
TO HAVE AND TO HOLD THE SAME, together with all and singular the appurtenance
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, the said first party has signed and sealed these presents the
day and year first above written.
Signed, sealed and delivered
in the presence of:
~~ ~I
(il/'~}hfl.zl' ~j1;
~CAROL MacMILLAN STANLEY, Indivi
as Trustee /
STATE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY that on this day before me, an officer duly qualified to take
acknowledgments, personally appeared CAROL M. STANLEY, Individually and as Trustee of an
unrecorded trust agreement dated September 30, 1994, who is personally known to me or who has
produced as identification and who did not take an oath.
WITNESS my hand and official seal in the County and State last aforesaid this? day of
~j~ ,2006.
1l!. ~64.1
Notary Public
My Commission Expires:
My Commission Number:
Dq~y
".,.' _~ B Gall [)aIlf
~ ~"'. WPf~ 00192702
"'.A. ~'!f-:J EJipirM J\.I'llt 26, 2007
~Of'"
c~enP.y, J{I;: ~ j-1
f3 6uI / -DailY
2
STATE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY that on this day before me, an officer duly qualified to take
acknowledgments, personally appeared CECIL O. STANLEY, JR., who is personally known to me or who
has produced as identification and who did not take an oath.
WITNESS my hand and official seal in the County and State last aforesaid this '4 day of
_1'~,2006.
~lL~ .
!1rin 'me 12, (::)dl!
Notary Public
My Commission Expires:
My Commission Number:
Da /I 'f
/ "
, ,/.J
" ,.
~J\ a Gail Dartt
. ~j MyConvniuionlD192702
\; r,,:/ 8lpir1IS Jule 26, mr
STATE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY that on this day before me, an officer duly qualified to take
acknowledgments, personally appeared LYNN M. DENNEY, who is personally known to me or who has
produced as identification and who did not take an oath.
WITNESS my hand and official seal in the County and State last aforesaid this 10 day of
~~ ,2006.
Print
Nota ublic
My Commission Expires:
My Commission Number:
3
, "J4o.. B_ Gail Dartt
!J-"" My CommiSllon 00192702
~~ ~ . Ju1e 26 Z1ST
"V) 0" Elcpires .
,.
[ITY DF DElRA' IEA[H
CITY ATTORNEY'S OFFICE
::'()() "lW Is1 AVENUE' DELRAY BEACH. FLORIDA 33444
lTLlP!100:I: ~(, i /::'tl-7il(J() . j.;\CSIVIILE: 561/::'78-4755
DELRAY BEACH
~
All-America City
Writer's Direct Line: 561/243-7091
, IIII!DATE:
MEMORANDUM
April 4, 2006
1993
2001
TO:
City Commission
David Harden, City Manager
1\ __~
......... ... --...
Brian Shutt, Assistant City Attorney
FROM:
SUBJECT: Revised Rules of the Public Art Advisory Board
The Commission approved the rules of the Public Art Advisory Board at its
December 6, 2005 City Commission meeting. Subsequent to that meeting the
Public Art Advisory Board decided to change its meeting date from the fourth
Thursday of every month to the fourth Monday of every month. The attached rules
reflect the change. The Board adopted these rules at its March meeting.
Our office requests that this item be placed on the April 18, 2006 City Commission
agenda. Please call if you have any questions.
Attachment
cc: Chevelle Nubin, City Clerk
Doug Smith, Asst. City Manager
01<
74
&F
RULES OFTHE CITY OF DELRAY BEACH
PUBLIC ART ADVISORY BOARD
ARTICLE I - GENERAL GOVERNING RULES:
The Public Art Advisory Board (hereinafter the "Board") shall be governed by Article 8.5 of the
Land Development Regulations of the City of Delray Beach, Florida (hereinafter the "City"), as
and if amended, and the Rules of Procedure hereinafter set forth (hereinafter the "Rules"), as
adopted by the Board and approved by the City Commission.
ARTICLE II - OFFICERS, COMMITTEES:
1. The Board shall elect a Chair and Vice Chair annually at its first regular meeting in the
month of September from among its members by a majority vote of its members present
and voting.
2. The Chair (or in his/her absence, the Vice Chair) shall preside at all meetings of the Board
and rule on all points of order and procedure.
3. The Chair may appoint any committees which may be deemed necessary.
4. A Board Clerk shall be provided by the City Manager from among the City staff and shall
take and transcribe the minutes of each meeting of the Board.
ARTICLE III - MEETINGS, QUORUM, CONFLICTS:
1.
REGULAR MEETINGS: The Board shall conduct its regular meetings every fourth (4th)
Monday of each month at 6:00 p.m., unless there is no cause to hold such a meeting, or if
such regular meeting date falls on a holiday of the City of Delray Beach.
SPECIAL MEETING: A special meeting may be called by the Chair subject to
compliance with statutory notice provisions.
QUORUM: A quorum is required in order to hold a meeting. A quorum shall consist of a
majority of filled positions of the Board. All findings and orders of the Board require a vote
of the majority of its members present and voting for the action to be official.
REPRESENTATION. PERSONAL INTEREST: No member or alternate member, if any,
of the Board shall appear or represent before the Board a person in any matter pending
before the Board. No member of the Board shall hear or vote upon any matter before the
Board in which she or he is directly affected in a financial way. Whenever a member or
alternate member of the Board has a direct personal, private or personal interest in any
matter which comes before the Board, which interest creates a conflict of interest, that
member or alternate member shall disclose said conflict before discussion and vote and
shall, within fifteen (15) days after the vote occurs, file the proper form with the Board
Secretary pursuant to the provisions of Chapter 112, Florida Statues.
CONDUCT OF MEETINGS: All meetings shall be open to the public, and the formal
agenda posted in the Lobby of City Hall three prior to each regularly scheduled meeting.
The Chair may, at his or her discretion, change the order of business at any meeting.
ADJOURNED MEETINGS: The Board may adjourn a regular meeting, if all business
cannot be disposed of on the day set, to a time and date certain; however, notice of the
time and date of postponement shall be given at the time of adjournment and shall not be
changed prior to resumption of the postponed meeting.
2.
3.
4.
5.
6.
ARTICLE IV - ABSENCES, RESIGNATION, VACANCIES:
1. ABSENCES: If any regular Board member fails to attend three (3) consecutive regular
meetings, the member's office shall be deemed vacant and the City Commission shall
promptly fill such vacancy. The Board member may appeal the decision and reapply in
writing to the City Commission.
2. RESIGNATION: Except as otherwise provided in Paragraph 1, above, of this Article IV, a
Board member may resign from the Board by filing a written statement of resignation with
the City Clerk
3. VACANCY: Vacancies on the Board shall be filled pursuant to Section 32.10 of the City
Code of Ordinances, as amended.
ARTICLE V - PARLIAMENTARY PROCEDURE:
Roberts Rules of Order shall be the final authority on all questions of parliamentary procedure.
ARTICLE VI - AMENDMENTS - EFFECTIVE DATE:
1. These Rules may be amended by a concurring vote of a majority of the Board members
present recommending such amendment to City Commission.
2. Prior to any such amendment becoming effective, it must first be approved by the City
Commission.
3. These Rules shall be reviewed by the Board not less than every two (2) years.
4. These Rules shall become effective upon their approval by City Commission.
These Rules are hereby adopted by the Public Art Advisory Board this
l4fA?e c.J..t ,20iLb
Passed and approved by the City Commission in regular session this _ day of
,20 .
ATTEST:
By:
City Clerk
CITY OF DELRAY BEACH, FLORIDA
By:
Mayor, Jeff Perlman
[IT'
C ITY AT1'qi:f~' ", ii1 "-/""'.;" ~
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].;t !\v'EiiUE CELRAY BEACH, FLORIDA 33444
'::, f-7;.j_! -)~<}E: Sh ~ l " Fi\CSl!vflLE: 561/278-4755
Writer's Direct Line: 561/243-7091
DELRAY BEACH
f LOR lOA
t&8I:II
All-America City
, lilt! DATE:
1993 TO:
MEMORANDUM
April 1 0,2006
Carolanne Kucmerowski, Executive Assistant/Agenda Coordinator
2001
FROM: Susan A. Ruby, City Attorney
SUBJECT: Three Contracts for the Agenda from the Delray Beach Coalition for
Community Renewal (formally Weed and Seed) Between the City of
Delray Beach and Gulfstream Goodwill Industries, New Innovations
Out-of-School Prooram and New Innovations for Ready Enrichment
Please place the above-referenced three agreements on the City Commission
agenda for April 18, 2006. Thanks.
Sharon L'Herrou has provided cover letters for these items.
Attachments
cc: David Harden, City Manager
Sharon L'Herrou, Weed and Seed Program Manager
Cathy Kozol, Police Legal Advisor
Joe Weldon, Director of Parks and Recreation
gc;.
~e1ray Beach
rAB~.~I:;i
Delray Beach Coalition for
Community Renewal
(formerly Weed & Seed)
Memo
To: Mr. Harden, City Manager
From: Sharon L'Herrou, Weed & SeecJ/ CCR Program Manager
Date: April 10, 2006
Re: Goodwill Offender Re-entry Contract
Enclosed please find one agreement for Funding and Acceptance of Funds between the City
of Delray Beach and Gulfstream GoocIwilllndustries. Gulfstream Goodwill is being contracted
with to provide services for ex-offenders returning to our targeted Weed & Seed
neighborhood to facilitate successful re-entry and reduce recidivism. Since almost 90% of
ex-offenders returning to Delray from state prisons intend to reside in our target community, a
project of this type is an important step towards enhanced public safety. The three coastal
Palm Beach County Weed & Seed sites are collaborating in this effort.
The Criminal Justice Commission (CJC) of Palm Beach County is providing the Delray
Beach Weed & Seed Project (now known as the Coalition for Community Renewal) with
$100,000 to support projects such as this one. This project has been outlined in the CJC
contract that was approved by the Delray Beach City Commission and endorsed by the Palm
Beach County Board of County Commissioners on 12/20/05.
Feel free to contact me at 266-0266 (or email: Iherrou(a}ci.delrav-beach.f1.us) if you have any
questions. Thank you for your assistance!
..
AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS
BETWEEN THE CITY OF DELRA Y BEACH
AND
Gulfstream Goodwill Industries
April 18, 2006 - April 30, 2007
THIS AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS ("Agreemenf) entered into this 18th
day of April. 2006, between the City of Delray Beach, hereinafter referred to as "City" and Gulfstream
Goodwill Industries, hereinafter referred to as "AGENCY", having its principal office located at 1715 Tiffany
Drive East. West Palm Beach, FL. 33407, provides $39,500 in funds provided by the Palm Beach County
Criminal Justice Commission, allocated 12/20105 to support contracted Delray Beach Weed & Seed
projects (now referred to as the Coalition for Community Renewal), upon the following terms and
conditions:
The awarded funds are allocated as follows:
$39,500 to provide funding assistance to support a collaborative ex-offender re-entry effort
between the three coastal Palm Beach County Weed & Seed sites, as outlined in Exhibit "A."
1. Definitions:
a, "City" means the City of Delray Beach, Florida
b. "W&S" means Delray Beach Weed and Seed (now referred to as the Coalition for
Community Renewal or CCR)
c. "The Agency" means Gulfstream Goodwill Industries
d. "NAB" means the Delray Beach Weed & Seed Neighborhood Advisory Board
2. Purpose of Work:
The purpose of this agreement is to state the covenants and conditions under which AGENCY will
implement the agreed upon scope of work supported by the allocation of award funds.
The Scope of Service in Exhibit "A" outlines the specific deliverables. The beneficiaries of a project
funded under this agreement should provide services primarily to residents within the federally
designated Weed and Seed target area, which has its boundaries, 1-95 to the West, Swinton
Avenue to the East, Lake Ida Road to the North and Linton Blvd to the South.
The Agency shall, in a satisfactory and proper manner as determined by the City, perform the
tasks necessary to conduct the program outlined in this agreement and submit invoices for
approved expenses outlined in Exhibit "An, provided hereto and made a part hereof. Payment
requests and programmatic reports should be submitted simultaneously.
The City agrees to disburse payments upon the receipt of invoices accompanied by the required
programmatic reports and necessary data (as determined by the City), covering the month for
which payment requested. Disbursements will be available approximately one month following the
execution of this agreement and approximately quarterly thereafter.
1
,..'
All services shall be performed in a manner satisfactory to the City. The funding shall not exceed
the City Manager approved dollar amount of $39,500 for the period of April 18, 2006 through April
30, 2007. All release of funds shall further be in accordance with all sections of this agreement,
contingent upon the continuation of the Criminal Justice Commission Contract, and subject to the
approval of the Delray Beach Weed & Seed Program Manager.
3. Time of Performance:
The effective date of this agreement and all rights and duties designated hereunder are contingent
upon the continued implementation of the contract between the Delray Beach Weed & Seed
Project {CCR} and the Palm Beach County Criminal Justice Commission. The effective date shall
be the date of execution of this Agreement, and the services of AGENCY shall commence upon
that date. Payment of associated and approved expenses incurred as of April 18, 2006 will be
processed. All service required hereunder shall be completed by AGENCY by April 30, 2007.
4. Subcontracts:
Any work or services subcontracted hereunder shall be specifically by written contract, or written
agreement, and shall be subject to each provision of this agreement. Proper documentation in
accordance with City, County, State, and Federal guidelines and regulations must be submitted by
the Agency to the City and approved by the City prior to execution of any subcontract hereunder.
In addition, all subcontracts shall be subject to Federal, State, County, and City laws and
regulations. None of the work or services covered by this agreement, including but not limited to
consultant work or services, shall be subcontracted or reimbursed without the prior written approval
of the Delray Beach Weed & Seed (CCR) Progra~ Manager.
5. Records and Reports:
The Agency agrees to provide the City programmatic progress reports .that outline the Gulfstream
Goodwill program activities, progress made, number of participants enrolled, problems
encountered and proposed solutions. These reports must be submitted to the Weed & Seed
Program Manager simultaneously with each invoice. Additionally, a final report summarizing
results for the full project period (April 18, 2006 - April 30, 2007) is due within 30 days of
completion of the project. Payments will not be released without the submission of the required
reports (completed and accurate) to the City, and on the resolution of monitoring or audit findings
identified .
The City shall have the right under this agreement to suspend or terminate payments until Agency
complies with any additional conditions that may be imposed by the City or the Palm Beach County
Criminal Justice Commission. The Agency agrees to retain supporting documentation relating to
the activities funded hereunder and related service provisions (activities) for a period of three (3)
years, dating from April 30, 2007.
6. Program-Generated Income:
All income earned by Agency from activities financed by Palm Beach County Criminal Justice
Commission funds must be reported to the City. In addition to reporting such income, Agency shall
report to the City the procedure developed to utilize program income to offset project costs. If
program income is used to extend the availability of services provided by the Agency through this
agreement, the prior written approval of the City will be required. Accounting and disbursement of
2
program income shall be consistent with the procedures outlined in the federal OMB Circular A-110
and other applicable regulations incorporated herein by reference.
7. Other Program Requirements (Civil Rights/Resident Opportunities):
The Agency agrees that no person shall on the grounds of race, color, mental or physical disability,
national origin, religion, or sex be excluded from the benefits of, or be subjected to discrimination
under, any activity carried out by the performance of this Agreement. Upon receipt of evidence of
such discrimination, the City shall have the right to terminate this Agreement.
The Agency certifies that required background screenings will be conducted on ALL employees
and volunteers working with youth or other vulnerable/protected individuals and have such
available for review during Monitoring visits.
To the greatest feasible extent, low-income residents of the project areas shall be given
opportunities for training and employment; and to the greatest feasible extent eligible business
concerns located in or owned in substantial part by persons residing in the project target area shall
be awarded contracts in connection with the project.
8. Public Relations Requirement:
Grantees shall acknowledge, to the extent feasible, the Weed & Seed/ CCR funding of the project
in annual reports, bulletins, publications, and other public relations activities of the grantee.
9. Evaluation and Monitoring:
The Agency agrees that the City will carry out periodic monitoring and evaluation activities (through
in-house and site visitation evaluations) as determined necessary by the City and that the
continuation of this agreement is dependent upon satisfactory evaluation conclusions based on the
terms of this agreement and comparisons of planned versus actual progress relating to project
scheduling, budgets, audit reports, and output measures. The Agency agrees to furnish upon
request to the City and/or Palm Beach County Criminal Justice Commission copies of
transcriptions of such records and information as is determined necessary by the City. The
Agency shall submit reports as outlined in #5 and at other times upon the request of the City,
information and status reports required by the City, and/or Palm Beach County Criminal Justice
Commission on forms approved by City to enable evaluation of said progress and to allow for
completion of reports as required of the City by Palm Beach County Criminal Justice Commission.
Agency shall allow the City or Palm Beach County Criminal Justice Commission to monitor Agency
on site (at least annually). Such visits may be scheduled in advance or unscheduled as
determined by the City and Palm Beach County Criminal Justice Commission.
10. Audits and Inspections:
At any time during normal business hours and as often as the City or the Palm Beach County
Criminal Justice Commission may deem necessary, there shall be made available by Agency to
the City or the Palm Beach County Criminal Justice Commission for examination all its records
with respect to all matters covered by this agreement. The Agency agrees to comply with the
provisions of the Single Audit Act of 1984, as amended, as it pertains to this agreement. The City
will require AGENCY to submit a single audit, including any management letter, made in
accordance with the general program requirements of OMB Circulars A-110, A-122, A-133, and
other applicable regulations within 180 days after the end of any fiscal year covered by this
3
agreement. A Certified Public Accountant of the AGENCY'S choosing, subject to the City's
approval shall make the audit. In the event AGENCY is exempt from having an audit conducted
under A-133, the City reserves the right to require submission of audited financial statements
and/or to conduct a "limited scope audir of AGENCY as defined by A-133.
11. Increased Availability:
The intent and purpose of this agreement is to increase the availability of the Agency services to
the community. This agreement is not to substitute for or replace existing or planned projects or
activities of the Agency. The Agency agrees to maintain a level of activities and expenditures,
planned or existing, for projects similar to those being assisted under this agreement, which is not
less than that level existing prior to this agreement.
12. Conflict of Interest Provision:
The Agency agrees to abide by and be governed by OMB Circular A-11 0 pursuant to conflict of
interest. The Agency further covenants that no person who presently exercises any functions or
responsibilities in connection with the funded projects, has any personal financial interest, direct or
indirect, in the activities provided under this Agreement which would conflict in any manner or
degree with the performance of this agreement and that no person having any conflict of interest
shall be employed by or subcontracted by the Agency. Any possible conflict of interest on the part
of the Agency or its employees shall be disclosed in writing to the City, however, that this
paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory
requirements that maximum opportunity be provided for employment of and participation of lower-
income residents of the project target area.
13. Suspension and Termination:
If through any cause the Agency shall fail to fulfill (or materially comply in accordance with 28CFR
66.43) in a timely or proper manner its obligations under this agreement, or if the Agency shall
violate any of the covenants, agreements, or stipulations of this agreement, the City shall
thereupon have the right to terminate this agreement or suspend payment in whole or part by
giving written notice to AGENCY of such termination or suspension of payment and specify the
effective date of termination or suspension.
At any time during the term of this agreement, either party may, at its option and for any reason,
terminate this agreement upon thirty (30) working days written notice to the other party. Upon
termination for convenience or for cause, the City shall pay the sub-recipient Agency for
satisfactory services rendered pursuant to this agreement through and including the date of
termination. The agreement may be terminated for convenience in accordance with 28CFR 66.44,
In the event the contract to the City with the Palm Beach County Criminal Justice Commission is
suspended or terminated; this agreement shall be suspended or terminated effective on the date
the Palm Beach County Criminal Justice Commission specifies and all payments are contingent
upon the release of funds from the Palm Beach County Criminal Justice Commission.
14. Independent Contractor:
AGENCY agrees that, in all matters relating to this agreement, it will be acting as an independent
contractor and that its employees are not City of Delray Beach employees and are not subject to
4
the City provisions of the law applicable to City employees relative to employment compensation
and employee benefits,
15. Public Entity Crimes:
By entering into this contract or performing any work in furtherance hereof, the contractor (sub-
recipient Agency) certifies that it, its affiliates, suppliers, subcontractors, and consultants who will
perform hereunder have not been placed on the convicted vendor list maintained by the State of
Florida Department of Management Services within 36 months immediately preceding the date
hereof. F. S. 287.133(3) (a) requires this notice.
16. Reversion of Assets:
Upon expiration of this agreement, the sub-recipient shall abide by all relevant regulations
pertaining to federal grant funding including, but not limited to: the Financial Guide, OMB Circular
110, and 24CFR Part 570.
17. Counterparts of the Agreement:
This agreement contains all of the parties binding representation to one another. Any amendment
or modification hereto must be in writing and is contingent upon approval by the City.
18. Hold Harmless and Indemnification Clause:
Gulfstream Goodwill Industries hereby agrees to promise to indemnify and hold harmless the MCityB
and its officers, agents, servants, or employees from and against any and all liability, claims,
demands, damages, expenses (including attorney's fees), fees, cost, fines, penalties, suits,
proceedings, actions and causes of action of any kind and nature arising from, or in any way
connected with, the giving of said funds.
Agency/Sub-recipient: Gulfstream Goodwill Industries
Signed By:
Print Name:
WITNESSES:
CITY OF DELRA Y BEACH, FLORIDA
Signed By:
5
ATTEST:
CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY
6
Exhibit "A"
SCODe of Service
Introduction
The goal of this project is to support a collaborative effort between the three coastal Palm Beach County
Weed & Seed sites in developing a re-entry initiative with other Weed & Seed partners to address the
increasing number of offenders re-entering Weed & Seed sites. Approved expenses may include: salary,
benefits, training, substance abuse treatment, and other ancillary services that pose barriers to
employment. It is the intention of this agreement that Gulfstream Goodwill Industries will hire a Re-entry
Program Manager to build linkages between partners in the re-entry effort, establish contact with ex-
offenders returning to the Weed & Seed sites from State prisons, and facilitate the delivery of services to
returning ex-offenders in order to support their successful re-entry into society.
It is further the intention of this agreement that ancillary support services will only be provided as a service
of last resort when the participating ex-offender is not eligible for services already provided at no cost
through partners such as Workforce Alliance, the Serious and Violent Offender Re-Entry Initiative (SVORI),
or Project R.EAP. Success, Only in instances where the Program Manager has exhausted other available
resources should funding for ancillary supports be utilized. In addition, the funds for ancillary support
services from this contract may only be used to support ex-offenders retuming to the Delray Beach Weed &
Seed (CCR) site and the immediate vicinity of Delray Beach.
Parameters
Preliminary parameters and program objectives have been set forth below:
. The emphasis for recruitment will be on ex-offenders retuning to participating Weed & Seed (CCR)
sites from the state Department of Corrections, however releases from federal prisons who are not
eligible for other services will not be excluded.
. Services will not be provided to sex offenders or habitual violators of parole. Any clients currently
on parole who violate their conditions of parole will be dismissed from the program.
. The project will start with a maximum case load of 30 which will be periodically reassessed. If
necessary, a waiting list will be maintained.
. Average length of time from opening to closing of a case is expected to be approximately 4-6
months.
. 75% of participants will complete the majority of their service objectives within 6 months.
. 75% of participants will not re-offend within 90 days of a successfully closed case.
Program Manager Responsibilities are anticipated to include the following tasks, among others:
. Outreach and recruitment of targeted ex-offenders, including attempts to contact ex-offenders
identified by participating police departments. Recruitment efforts will be terminated after several
unsuccessful attempts to establish contact with any particular individual.
. Build community partnerships with service providers, businesses, residents, and other stake-
holders
. Develop a treatment plan for participants and provide case management services
. Facilitate ex-offenders' receipt of identified servicesl supports to support successful re-entry
7
Note: Due to the innovative nature of this project, program parameters may be adjusted through a
consensus of the re-entry team which consists of participating Weed & Seed Coordinators and Goodwill
representatives.
Proaram Reports
Invoices shall be provided according to the tentative schedule listed below, with salary amounts billed in
installments while ancillary support services shall be billed on a reimbursement basis.
May 31,2006
July 31, 2006
November 30,2006
January 30, 2007
April 30, 2007
The invoice shall be accompanied by a written programmatic report which provides details on program
activities including the following:
. A listing of ex-offenders from Delray receiving services during the reporting period, and
the total number of participants served from target area
. A summary of services provided
. Itemized cost of services
. Description of problems encountered and proposed solutions as well as any anecdotal
evidence of program success
Proaram Budaet
$39,500 to provide services to returning ex-offenders. Funding shall be allocated as follows:
Staffing Support: $15,000.01
Ancillary Support services: $24,499.99
(to be provided on a reimbursement basis)
which may include, but are not limited to:
. Substance abuse treatment
. Job Placement Assistance
. Job training (including on-the-job training
And technical certifications)
. Emergency services such as: obtaining
Copies of identification cards, interview clothing,
etc.
8
bB
i- , .....f,
.. ... . ... .,9.).~~;A
Delray Beach Coalition for
Community Renewal
(formerly Weed & Seed)
Memo
Date:
Re:
Mr. Harden. City Manager ~
Sharon L'Herrou, Weed & Seed Program Managl ~ \ ~
April 6. 2006 .~
Contracts
To:
From:
Enclosed please find two agreements for Funding and Acceptance of Funds between the
City of Delray Beach and New Innovations. Susan Ruby has reviewed and approved them as
to legal sufficiency. New Innovations has provided educational enrichment to our Out-of-
school program for the past two years. Youth participants have shown significant
improvements in reading and math as demonstrated though pre and post testing. Therefore,
this year, programming is being expanded.
The Delray Beach Weed & Seed Project (now known as the Coalition for Community
Renewal) has funded the New Innovations curriculum for the past two years. This year.
Weed & Seedl CCR will continue to fund an after-school component in the Spring and Fall of
2006. Funds for this project have been provided by the Criminal Justice Commission (CJC).
This project is outlined in the CJC contract that was approved by the Delray Beach City
Commission and endorsed by the Palm Beach County Board of County Commissioners on
12120/05.
In addition to the Weed & Seed! CCR after school program, the Education Board has
developed a proposal through New Innovations which would provide reading enrichment for
the Out-of-8chool Summer Camp as part of the Mayor's Literacy Initiative. The Summer
Reading Program will be funded collaboratively by the Parks and Recreation Department and
Weed & Seedl CCR. Therefore. both contracts are being submitted simultaneously. We
request that these contracts be placed on the City Commission's consent agenda for the
April 18th meeting. If you have any questions, I can be reached at: 266-0266 or
Iherrou@ci,delrav-beachJLus. Thank you.
1
AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS
BETWEEN THE CITY OF DELRA Y BEACH
AND
NEW INNOVATIONS
2006
THIS AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS ("Agreement") entered into this 18th
day of April, 2006, between the City of Delray Beach, hereinafter referred to as "City" and New InnDvations,
hereinafter referred to as "AGENCY", having its principal contact at: P.O. Box 697 Boynton Beach, FL.
33425, provides $20,500 in funds provided by the Palm Beach County Criminal Justice Commission (CJC),
allocated 12/20105 to support contracted Delray Beach Weed & Seed projects, upon the following terms
and conditions:
The awarded funds are allocated as follows:
$15,450 will be provided to fund the after-school curriculum for Spring and Fall 2006 and $5,050
will be provided toward the cost of the 2006 Summer Reading program for a total allocation of
$20,500 as detailed the Scope of Service under exhibits "A" and "B."
1. Definitions:
a. "City" means the City of Delray Beach, Florida
b. "W&S" means Weed and Seed (now known as the Coalition for Community
Renewal or CCR)
c. "CJC" means the Palm Beach County Criminal Justice Commission
d. "NAB" means the Delray Beach Weed & Seed Neighborhood Advisory Board
e. "The Agency" means New Innovations
2. Purpose of Work:
The purpose of this agreement is to state the covenants and conditions under which AGENCY will
implement the agreed upon scope of work supported by the allocation of award funds.
The Scope of Service in Exhibit "A" outlines the specific deliverables. The beneficiaries of a project
funded under this agreement should provide services primarily to residents within the federally
designated Weed and Seed target area, which has its boundaries, 1-95 to the West, Swinton
Avenue to the East, Lake Ida Road to the North and Linton Blvd to the South.
The Agency shall, in a satisfactory and proper manner as determined by the City, perform the
tasks necessary to conduct the program outlined in this agreement and submit invoices for
approved expenses outlined in Exhibit "A", provided hereto and made a part hereof. Payment
requests and programmatic reports should be submitted simultaneously.
The City agrees to disburse payments upon the receipt of invoices accompanied by the required
programmatic reports and necessary data (as determined by the City), covering the month for
which payment requested. Disbursements will be available approximately one month following the
receipt of invoices by the Weed & Seed (CCR) Program Manager.
Services and payment of services will be provided according to the schedule listed in "Exhibit A II
and "Exhibit B. " The City will provide through its Parks and Recreation, Out of School Programl
1
Safe Haven. reports to the Weed & Seed Program Manager, due June 30th and October 10th to
include the following:
. Number of students enrolled in Safe Havens
. Number of students participating in the New Innovations project and project dates
. Summary of Project
. Name and Date of Birth of students enrolled in the Safe Haven
Additional Expectations of the Parks and Recreation Department's Out-of-School program! Safe-
Haven includes:
. Prominent display of the Weed & Seed, "Safe-Haven" designation at all 3 Out-of-School
program locations (to be provided by Weed & Seed)
. Inclusion of the Delray Beach Weed & Seed logo on program materials acknowledging
Weed & Seed as a funding source
. Providing display of Weed & Seed! Project Safe Neighborhoods crime education posters
(to be provided by Weed & Seed)
All services shall be performed in a manner satisfactory to the City. The funding shall not exceed
the approved dollar amount of $20,500 for the period of April 18. 2006 through December 31,
2006. All release of funds shall further be in accordance with all sections of this agreement,
contingent upon the continuation of the Criminal Justice Commission Contract, and subject to the
approval of the Delray Beach Weed & Seed (CCR) Program Manager.
3. Time of Performance:
The effective date of this agreement and all rights and duties designated hereunder are contingent
upon the timely release of funds for this particular project. The effective date shall be the date of
execution of this Agreement. The services of AGENCY shall commence upon the effective date of
this Agreement. Payment of associated and approved expenses incurred as of April 19. 2006 will
be processed. All service required hereunder shall be completed by AGENCY by December 31.
2006.
4. Subcontracts:
Any work or services subcontracted hereunder shall be specifically by written contract, or written
agreement, and shall be subject to each provision of this agreement. Proper documentation in
accordance with City, State, and Federal guidelines and regulations must be submitted by the
Agency to the City and approved by the City prior to execution of any subcontract hereunder. In
addition. all subcontracts shall be subject to Federal, State. and City laws and regulations. None of
the work or services covered by this agreement, including but not limited to consultant work or
services, shall be subcontracted or reimbursed without the prior written approval of the Delray
Beach Weed & Seed (CCR) Program Manager.
5. Records and Reports:
The Agency agrees to provide the City programmatic progress reports that outline the New
Innovation program activities, progress made, number of participants enrolled, problems
encountered and proposed solutions. These reports must be submitted to the Weed & Seed
Program Manager simultaneously with each invoice. Additionally, a final report summarizing
results for the full project period (April 18, 2006 - December 31, 2006) is due within 30 days of
2
completion of the project. Payments will not be released without the submission of the required
reports (completed and accurate) to the City, and on the resolution of monitoring or audit findings
identified.
The City shall have the right under this agreement to suspend or terminate payments until Agency
complies with any additional conditions that may be imposed by the City or the Palm Beach County
Criminal Justice Commission. The Agency agrees to retain supporting documentation relating to
the activities funded hereunder and related service provisions (activities) for a period of three (3)
years, dating from December 31,2006.
6. Program-Generated Income:
All income eamed by Agency from activities financed by Palm Beach County Criminal Justice
Commission funds must be reported to the City. In addition to reporting such income, Agency shall
report to the City the procedure developed to utilize program income to offset project costs. If
program income is used to extend the availability of services provided by the Agency through this
agreement, the prior written approval of the City will be required. Accounting and disbursement of
program income shall be consistent with the procedures outlined in the federal OMB Circular A-11 0
and other applicable regulations incorporated herein by reference,
7. Other Program Requirements (Civil Rights/Resident Opportunities):
The Agency agrees that no person shall on the grounds of race, color, mental or physical disability,
national origin, religion, or sex be excluded from the benefits of, or be subjected to discrimination
under, any activity carried out by the performance of this Agreement. Upon receipt of evidence of
such discrimination, the City shall have the right to terminate this Agreement.
The Agency certifies that required background screenings will be conducted on ALL employees
and volunteers working with youth or other vulnerable/protected individuals.
To the greatest feasible extent, low-income residents of the project areas shall be given
opportunities for training and employment; and to the greatest feasible extent eligible business
concerns located in or owned in substantial part by persons residing in the project target area shall
be awarded contracts in connection with the project.
8. Public Relations Requirement:
Grantees shall acknowledge, to the extent feasible, the Weed & Seed (CCR) funding of the project
in annual reports, bulletins, publications, and other public relations activities of the grantee.
9. Evaluation and Monitoring:
The Agency agrees that the City will carry out periodic monitoring and evaluation activities (through
in-house and site visitation evaluations) as determined necessary by the City and that the
continuation of this agreement is dependent upon satisfactory evaluation conclusions based on the
terms of this agreement and comparisons of planned versus actual progress relating to project
scheduling, budgets, audit reports, and output measures. The Agency agrees to fumish upon
request to the City and/or Palm Beach County Criminal Justice Commission copies of
transcriptions of such records and information as is determined necessary by the City. The
Agency shall submit reports as outlined in #5 and at other times upon the request of the City,
information and status reports required by the City, and/or Palm Beach County Criminal Justice
3
Commission on forms approved by City to enable evaluation of said progress and to allow for
completion of reports as required of the City by Palm Beach County Criminal Justice Commission.
Agency shall allow the City or Palm Beach County Criminal Justice Commission to monitor Agency
on site {at least annually}. Such visits may be scheduled in advance or unscheduled as
determined by the City and Palm Beach County Criminal Justice Commission.
10. Audits and Inspections:
At any time during normal business hours and as often as the City or the Palm Beach County
Criminal Justice Commission ay deem necessary, there shall be made available by Agency to the
City or the Palm Beach County Criminal Justice Commission for examination all its records with
respect to all matters covered by this agreement. The Agency agrees to comply with the provisions
of the Single Audit Act of 1984, as amended, as it pertains to this agreement. The City will require
AGENCY to submit a single audit, including any management letter, made in accordance with the
general program requirements of OMB Circulars A-110, A-122, A-133, and other applicable
regulations within 180 days after the end of any fiscal year covered by this agreement. A Certified
Public Accountant of the AGENCY'S choosing, subject to the City's approval shall make the audit.
In the event AGENCY is exempt from having an audit conducted under A-133, the City reserves
the right to require submission of audited financial statements and/or to conduct a "limited scope
audir of AGENCY as defined by A-133.
11. Increased Availability:
The intent and purpose of this agreement is to increase the availability of the Agency services to
the community. This agreement is not to substitute for or replace existing or planned projects or
activities of the Agency. The Agency agrees to maintain a level of activities and expenditures,
planned or existing, for projects similar to those being assisted under this agreement, which is not
less than that level existing prior to this agreement.
12. Conflict of Interest Provision:
The Agency agrees to abide by and be governed by OMB Circular A-110 pursuant to conflict of
interest. The Agency further covenants that no person who presently exercises any functions or
responsibilities in connection with the funded projects, has any personal financial interest, direct or
indirect, in the activities provided under this Agreement which would conflict in any manner or
degree with the performance of this agreement and that no person having any conflict of interest
shall be employed by or subcontracted by the Agency. Any possible conflict of interest on the part
of the Agency or its employees shall be disclosed in writing to the City, however, that this
paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory
requirements that maximum opportunity be provided for employment of and participation of lower-
income residents of the project target area.
13. Suspension and Termination:
If through any cause the Agency shall fail to fulfill {or materially comply in accordance with 28CFR
66.43} in a timely or proper manner its obligations under this agreement, or if the Agency shall
violate any of the covenants, agreements, or stipulations of this agreement, the City shall
thereupon have the right to terminate this agreement or suspend payment in whole or part by
giving written notice to AGENCY of such termination or suspension of payment and specify the
effective date of termination or suspension.
4
At any time during the term of this agreement, either party may, at its option and for any reason,
terminate this agreement upon ten (10) working days written notice to the other party. Upon
termination for convenience or for cause, the City shall pay the sub-recipient Agency for
satisfactory services rendered pursuant to this agreement through and including the date of
termination. The agreement may be terminated for convenience in accordance with 28CFR 66.44.
In the event the contract to the City with the Palm Beach County Criminal Justice Commission is
suspended or terminated; this agreement shall be suspended or terminated effective on the date
the Palm Beach County Criminal Justice Commission specifies and all payments are contingent
upon the release of funds from the Palm Beach County Criminal Justice Commission.
14. Independent Contractor:
AGENCY agrees that, in all matters relating to this agreement, it will be acting as an independent
contractor and that its employees are not City of Delray Beach employees and are not subject to
the City provisions of the law applicable to City employees relative to employment compensation
and employee benefits.
15. Public Entity Crimes:
By entering into this contract or performing any work in furtherance hereof, the contractor (sub-
recipient Agency) certifies that it, its affiliates, suppliers, subcontractors, and consultants who will
perform hereunder have not been placed on the convicted vendor list maintained by the State of
Florida Department of Management Services within 36 months immediately preceding the date
hereof. F. S. 287,133(3) (a) requires this notice.
16. Reversion of Assets:
Upon expiration of this agreement, the sub-recipient shall abide by all relevant regulations
pertaining to federal grant funding including, but not limited to: the Financial Guide, OMB Circular
110, and 24CFR Part 570.
17. Copyright laws: The City of Delray Beach agrees to abide by all copyright laws. The City agrees
not to resell any materials owned by New Innovations.
18. Counterparts of the Agreement:
This agreement contains all of the parties binding representation to one another. Any amendment
or modification hereto must be in writing and is contingent upon approval by the City.
19. Hold Harmless and Indemnification Clause:
New Innovations hereby agrees to promise to indemnify and hold harmless the .Citt and its
officers, agents, servants, or employees from and against any and all liability, claims, demands,
damages, expenses (including attorney's fees), fees, cost, fines, penalties, suits, proceedings,
actions and causes of action of any kind and nature arising from, or in any way connected with, the
giving of said funds.
5
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WITNESSES:
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1
CITY OF DELRA Y BEACH, FLORIDA
Signed By:
ATTEST:
CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY
6
Exhibit "A"
SCOPE OF SERVICE
PROJECT 1: AFTER-SCHOOL
SPRING AND FALL 2006
Introduction
The goals of the New Innovation's educational curriculum, resource materials, and staff development
project with the City of Delray Beach are as follows:
. New Innovations will provide staff development to facilitate service delivery of the curriculum
. New Innovations will administer pre and post assessments and provide detailed written reports of
the collective assessment results
. Youth enrolled in the Delray Beach Safe Havenl Parks & Recreation Out-of School program,
through participating in the New Innovations curriculum, will improve their performance in reading
and math.
Outcome Measures to be Monitored bv the Parks & Recreation Out-of School Proaram (Safe
Havens)
. Number of students enrolled in Safe Havens
. Number of students participating in the New Innovations project and project dates
. Summary of Project
. Name and Date of Birth of students enrolled in the Safe Haven
Outcome Measures to be Monitored bv New Innovations
. Monthly report to include the average of participants' pre and post test scores in reading and math
and a % of increase in scores (due by the 10th of the month for the preceding month)
. Total, cumulative average of participants' pre and post test scores in reading and math over the life
of the 2006 project and % of increase in scores over the duration of the project (due within 30 days
of project completion).
Proaram Budaet
Total
Amount Quantity Total
$ 25.00 300 $7,500.00
$ 750.00
$100.00 18 $1, 800.00
$ 300.00 18 hrs $5,400.00
$15,450.00
Item DescriDtion
After School Supplemental Text
Pre and Post Assessment Pkg. (for 300)
Instructor Text
Staff development
Payment Schedule:
7
50% Due upon endorsement of the contract: $7,725.00
25% Due at the completion of the spring sessions: $3,862.50
25% Due after project completion and upon receipt of final report: $3,862.50
New Innovations will perform the following services for the after-school academic program for The City of
Delray Out of School Program:
Proiect Summary:
This is a 12 week curriculum including daily instructional sessions of 30 minutes. New Innovations staff will
spend 30 minutes per week on-site, at each of the 3 sites (Pompey, Community Center, and Pine Grove)
for a total of 1.5 hours per week for the 12 week period (for a total of 18 hrs of staff development). Parks &
Recreation staff will implement the 30 minute sessions the other 4 days per week, as previously trained by
New Innovations. The 12 week curriculum will be split with approximately 4 weeks to be completed April-
May 2006 and 8 weeks to be completed August- October 2006.
Detailed Description of New Innovation Deliverables:
. Staff Development
New Innovations will supply instructors to provide training and assistance weekly to the Parks and
Recreation staff in order to ensure that the program it is running effectively and to facilitate service
delivery. Each of the three sites will be provided with 1/2 hour of staff time once per week as
detailed above. New Innovations will also administer pre and post testing at the beginning and
ending of each academic segment to determine academic growth. Regular, written reports
complete with graphs and statistical information will be provided at no additional cost.
. Specialized After-School Supplemental consumable workbook! text
Activity workbooks will be provided for the students. Workbooks contain interesting activities and
projects designed to teach essential academic topics taken from the Sunshine State Standards,
particularly those that will evaluated on the Florida Comprehensive Assessment Test (FCAT). New
Innovations will also reference grade level expectations provided by the state of Florida for specific
lesson topics on specific grade levels. These books will be divided into six grade levels:
kindergarten, first, second, third, fourth, and fifth grade.
The activity books will be composed of reading, mathematics, and writing across the curriculum.
The daily, thirty-minute sessions will alternately focus on mathematics and language arts. Writing
will be incorporated with mathematics and language arts on a daily basis. All materials that were
purchased in previous years will be integrated into the after-school program. Students will be given
daily lessons for 12 weeks and they will use both the old and the new materials.
. Teacher Manuals with academic CD's
The teacher manuals have detailed, step-by-step lesson plans. These manuals provide a syllabus
for the program, and directions to play indoor and outdoor culminating activities. The manuals will
also include answer keys. All lessons are based on best practices according to research on
leaming and brain development. The manuals also have new academic CD's, music, and beats to
aid in retention, transference, and application of material.
8
Exhibit "B"
SCOPE OF SERVICE
PROJECT 2:
SUMMER READING PROJECT 2006
Introduction
The goals of the New Innovation's educational curriculum, resource materials, and staff development
project for Summer 2006 with the City of Delray Beach are as follows:
. New Innovations will implement the summer curriculum at each of the 3 Parks and Recreation Qut-
of-school sites (Pompey, Pine Grove, and the Community Center), for one hour, 4 days per week
. New Innovations will administer pre and post assessments and provide detailed written reports of
the collective assessment results
. Through participation in the New Innovations summer curriculum, youth enrolled in the Delray
Beach Safe Havenl Parks & Recreation summer camp program, will not experience the typical loss
of skilll progress typically attributed to youth not engaged in educational programming.
Outcome Measures to be Monitored bv New Innovations
. Monthly report to include the average of participants' pre and post test scores in reading and math
and a % of increase in scores (due by the 10th of the month for the preceding month)
. Total, cumulative average of participants' pre and post test scores in reading and math over the life
of the 2006 summer project and % of increase in scores over the duration of the project (due within
30 days of project completion).
Proaram Budaet
The total budget for the summer program is $15,350 of which $5,050 will be paid by Delray Beach Weed &
Seed (CCR) and $10,300 will be paid by the City of Delray Beach Parks and Recreation Department. A
detailed budget is set out below:
Item Description
Specialized Kool Kidz
Activity Books (including design fee)
Price
25.00
Quantity
320
Total
$8,000.00
Teacher Manuals
with CD
100.00
18
$ 1,800.00
Pre & Post assessments
$750.00
$4,800.00
Staff Development
{including three site directors
supervising the academic
program for 1 hour per day, 4 days
per week for seven weeks,
Grade level game list and
Culminating Show Routine}
Total Price
$ 15,350.00
9
Payment Schedule:
Due approximately June 1, 2006:
Due half-way through the summer project:
Due after project completion and upon receipt of final report:
$5,050.00
$5,150.00
$5,150.00
Detailed DescriDtion of New Innovation Deliverables:
New Innovations will perform the following services for the summer academic program for The City of
Delray Out of School Program:
. Specialized Kool Kidz consumable Activity Books
These books are created to meet the needs of an innovative and enjoyable summer program. The
books will be divided into two categories, kindergarten through second grade and third through fifth
grade, The students will have interesting activities and projects that will teach essential academic
topics taken from the Sunshine State Standards which are the academic standards in the state of
Florida. Students will also have pre and post assessments at the beginning and ending of the
summer sessions to demonstrate academic growth.
The activity books will be composed of reading, mathematics, and writing across the curriculum.
The program will be one hour per day on Monday through Friday. Students will have twenty
minutes of mathematics, twenty minutes of language arts, and twenty minutes of physical games or
activities related to academics, At the end of the summer session, students will have a completed
Kool Kidz Activity Book and a completed Pre and Post Assessment Packet.
. Teacher Manuals with academic CD's
The Kool Kidz teacher manuals provide instructors with detailed lesson plans, These manuals
provide a syllabus for the summer program, and also give directions to play indoor and outdoor
activities. All lessons are based on best practices according to brain research. The manuals also
have new academic CD's, music, and beats to aid in retention, transference, and application of
material. New Innovations will also provide a special lesson package for field trips that review
critical thinking skills and questioning techniques.' This is provided so that field trips can be
maximized academically.
. Staff Development
The summer program will have three site directors and three assistants. One site director and one
assistant will be at each site for one hour four, days a week. The site directors and assistants will
administer and facilitate the program for the students. They will also prepare students for the
culminating show and administer pre and post testing.
A grade level game list was provided to the city complete with information on where games could
be obtained, age appropriateness of games, and the price of the games.
The culminating show will be an academic demonstration by the students through music, drama,
and movement for stakeholders. This show will demonstrate the effectiveness of the New
Innovations Kool Kidz Program and provide an 'opportunity to share academic information with the
community. It will also be a shining example of how entertainment, physical activity and academics
can converge and be successful.
10
AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS
BETWEEN THE CITY OF DELRA Y BEACH
AND
NEW INNOVATIONS
2006
THIS AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS ("Agreement") entered into this 18th
day of April. 2006, between the City of Delray Beach, hereinafter referred to as "City" and New Innovations,
hereinafter referred to as "AGENCY., having its principal contact at: P.O. Box 697 Boynton Beach. FL.
33425, is related to the provision, as per the budget approval by the City Commission on September 20,
2005 of $10.300 in the City of Delray Beach Parks and Recreation Department. An additional amount of
$5,050 from Weed and Seed Project.
The awarded funds are allocated as follows:
The Summer Camp Reading Program will be funded by the City of Delray Beach for $10,300 and Weed
and Seed Project will the $5,050 for a total of $15,350.
1. Definitions:
a. "City" means the City of Delray Beach, Florida
b. "W&S. means Weed and Seed (now known as the Coalition for Community
Renewal or CCR)
c. "CJC" means the Palm Beach County Criminal Justice Commission
d. ,"The Agency" means New Innovations
2. Purpose of Work:
The purpose of this agreement is to state the covenants and conditions under which AGENCY will
implement the agreed upon scope of work supported by the allocation of award funds.
The Agency shall, in a satisfactory and proper manner as determined by the City, perform the
tasks necessary to conduct the program outlined in this agreement and submit invoices for
approved expenses outlined in Exhibit "A", provided hereto and made a part hereof. Payment
requests and programmatic reports should be submitted simultaneously.
The City agrees to disburse payments upon the receipt of invoices accompanied by the required
programmatic reports and necessary data (as determined by the City), covering the month for
which payment requested. Disbursements will be available approximately one month following the
receipt of invoices by the Parks and Recreation Director.
Services and payment of services will be provided according to the schedule listed in "Exhibit A"
All services shall be performed in a manner satisfactory to the City. The funding shall not exceed
the approved dollar amount of $15,350 for the period of April 18, 2006 through August 4,2006, All
release of funds shall further be in accordance with all sections of this agreement, contingent upon
the continuation of the Criminal Justice Commission Contract, and subject to the approval of the
Delray Beach Parks and Recreation Director.
1
3. Time of Performance:
The effective date of this agreement and all rights and duties designated hereunder are contingent
upon the timely release of funds for this particular project. The effective date shall be the date of
execution of this Agreement. The services of AGENCY shall commence upon the effective date of
this Agreement. Payment of associated and approved expenses incurred as of April 19. 2006 will
be processed. All service required hereunder shall be completed by AGENCY by AUQust 4. 2006,
4. Subcontracts:
Any work or services subcontracted hereunder shall be specifically by written contract, or written
agreement, and shall be subject to each provision of this agreement. Proper documentation in
accordance with City, State, and Federal guidelines and regulations must be submitted by the
Agency to the City and approved by the City prior to execution of any subcontract hereunder. In
addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of
the work or services covered by this agreement, including but not limited to consultant work or
services, shall be subcontracted or reimbursed without the prior written approval of the Delray
Beach Parks and Recreation Director.
5. Records and Reports:
The Agency agrees to provide the City programmatic progress reports that outline the New
Innovation program activities, progress made, number of participants enrolled, problems
encountered and proposed solutions. These reports must be submitted to the Parks and
Recreation Director simultaneously with each invoice. Additionally, a final report summarizing
results for the full project period (April 18, 2006 - August 4, 2006) is due within 30 days of
completion of the project. Payments will not be released without the submission of the required
reports (completed and accurate) to the City, and on the resolution of monitoring or audit findings
identified .
The City shall have the right under this agreement to suspend or terminate payments until Agency
complies with any additional conditions that may be imposed by the City or the Palm Beach County
Criminal Justice Commission, The Agency agrees to retain supporting documentation relating to
the activities funded hereunder and related service provisions (activities) for a period of three (3)
years, dating from August 4, 2006.
6. Program-Generated Income:
All income earned by Agency from activities financed by Palm Beach County Criminal Justice
Commission funds must be reported to the City. In addition to reporting such income, Agency shall
report to the City the procedure developed to utilize program income to offset project costs, If
program income is used to extend the availability of services provided by the Agency through this
agreement, the prior written approval of the City will be required. Accounting and disbursement of
program income shall be consistent with the procedures outlined in the federal OMB Circular A-11 0
and other applicable regulations incorporated herein by reference.
2
7. Other Program Requirements (Civil Rights/Resident Opportunities):
The Agency agrees that no person shall on the grounds of race, color, mental or physical disability,
national origin, religion, or sex be excluded from the benefits of, or be subjected to discrimination
under, any activity carried out by the performance of this Agreement. Upon receipt of evidence of
such discrimination, the City shall have the right to terminate this Agreement.
The Agency certifies that required background screenings will be conducted on ALL employees
and volunteers working with youth or other vulnerable/protected individuals.
To the greatest feasible extent, low-income residents of the project areas shall be given
opportunities for training and employment; and to the greatest feasible extent eligible business
concerns located in or owned in substantial part by persons residing in the project target area shall
be awarded contracts in connection with the project.
8. Public Relations Requirement:
Grantees shall acknowledge, to the extent feasible, the Weed & Seed (CCR) funding of the project
in annual reports, bulletins, publications, and other public relations activities of the grantee.
9, Evaluation and Monitoring:
The Agency agrees that the City will carry out periodic monitoring and evaluation activities (through
in-house and site visitation evaluations) as determined necessary by the City and that the
continuation of this agreement is dependent upon satisfactory evaluation conclusions based on the
terms of this agreement and comparisons of planned versus actual progress relating to project
scheduling, budgets, audit reports, and output measures. The Agency agrees to furnish upon
request to the City and/or Palm Beach County Criminal Justice Commission copies of
transcriptions of such records and information as is determined necessary by the City. The
Agency shall submit reports as outlined in #5 and at other times upon the request of the City,
information and status reports required by the City, and/or Palm Beach County Criminal Justice
Commission on forms approved by City to enable evaluation of said progress and to allow for
completion of reports as required of the City by Palm Beach County Criminal Justice Commission.
Agency shall allow the City or Palm Beach County Criminal Justice Commission to monitor Agency
on site (at least annually). Such visits may be scheduled in advance or unscheduled as
determined by the City and Palm Beach County Criminal Justice Commission.
10. Audits and Inspections:
At any time during normal business hours and as often as the City or the Palm Beach County
Criminal Justice Commission ay deem necessary, there shall be made available by Agency to the
City or the Palm Beach County Criminal Justice Commission for examination all its records with
respect to all matters covered by this agreement. The Agency agrees to comply with the provisions
of the Single Audit Act of 1984, as amended, as it pertains to this agreement. The City will require
AGENCY to submit a single audit, including any management letter, made in accordance with the
general program requirements of OMB Circulars A-110, A-122, A-133, and other applicable
regulations within 180 days after the end of any fiscal year covered by this agreement. A Certified
Public Accountant of the AGENCY'S choosing, subject to the City's approval shall make the audit.
In the event AGENCY is exempt from having an audit conducted under A-133, the City reserves
the right to require submission of audited financial statements and/or to conduct a "limited scope
audit" of AGENCY as defined by A-133.
3
11. Increased Availability:
The intent and purpose of this agreement is to increase the availability of the Agency services to
the community. This agreement is not to substitute for or replace existing or planned projects or
activities of the Agency. The Agency agrees to maintain a level of activities and expenditures,
planned or existing, for projects similar to those being assisted under this agreement, which is not
less than that level existing prior to this agreement.
12. Conflict of Interest Provision:
The Agency agrees to abide by and be governed by OMB Circular A-11 0 pursuant to conflict of
interest. The Agency further covenants that no person who presently exercises any functions or
responsibilities in connection with the funded projects, has any personal financial interest, direct or
indirect, in the activities provided under this Agreement which would conflict in any manner or
degree with the performance of this agreement and that no person having any conflict of interest
shall be employed by or subcontracted by the Agency. Any possible conflict of interest on the part
of the Agency or its employees shall be disclosed in writing to the City, however, that this
paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory
requirements that maximum opportunity be provided for employment of and participation of lower-
income residents of the project target area.
13. Suspension and Termination:
If through any cause the Agency shall fail to fulfill (or materially comply in accordance with 28CFR
66.43) in a timely or proper manner its obligations under this agreement, or if the Agency shall
violate any of the covenants, agreements, or stipulations of this agreement, the City shall
thereupon have the right to terminate this agreement or suspend payment in whole or part by
giving written notice to AGENCY of such termination or suspension of payment and specify the
effective date of termination or suspension.
At any time during the term of this agreement, either party may, at its option and for any reason,
terminate this agreement upon ten (10) working days written notice to the other party. Upon
termination for convenience or for cause, the City shall pay the sub-recipient Agency for
satisfactory services rendered pursuant to this agreement through and including the date of
termination.
The agreement may be terminated for convenience in accordance with 28CFR 66.44. In the event
the contract to the City with the Palm Beach County Criminal Justice Commission is suspended or
terminated; this agreement shall be suspended or terminated effective on the date the Palm Beach
County Criminal Justice Commission specifies and all payments are contingent upon the release of
funds from the Palm Beach County Criminal Justice Commission.
14. Independent Contractor:
AGENCY agrees that, in all matters relating to this agreement, it will be acting as an independent
contractor and that its employees are not City of Delray Beach employees and are not subject to
the City provisions of the law applicable to City employees relative to employment compensation
and employee benefits.
4
15. Public Entity Crimes:
By entering into this contract or performing any work in furtherance hereof, the contractor (sub-
recipient Agency) certifies that it, its affiliates, suppliers, subcontractors, and consultants who will
perform hereunder have not been placed on the convicted vendor list maintained by the State of
Florida Department of Management Services within 36 months immediately preceding the date
hereof. F. S. 287.133(3) (a) requires this notice.
16. Copyright laws: The City of Delray Beach agrees to abide by all copyright laws. The City agrees
not to resell any materials owned by New Innovations.
17. Counterparts of the Agreement:
This agreement contains all of the parties binding representation to one another. Any amendment
or modification hereto must be in writing and is contingent upon approval by the City.
18. Hold Harmless and Indemnification Clause:
New Innovations hereby agrees to promise to indemnify and hold harmless the "City" and its
officers, agents, servants, or employees from and against any and all liability, claims, demands,
damages, expenses (including attorney's fees), fees, cost, fines, penalties, suits, proceedings,
actions and causes of action of any kind and nature arising from, or in any way connected with, the
giving of said funds.
5
WITNESSES:
NamelTitle:
Signed By:
CITY OF 'DELRA Y BEACH, FLORIDA
Signed By:
ATTEST:
CITY CLERK
APPROVED AS TO FORM:
6
CITY ATTORNEY
Exhibit "A"
SCOPE OF SERVICE
SUMMER READING PROJECT
2006
Introduction
The goals of the New Innovation's educational curriculum, resource materials, and staff development
project for Summer 2006 with the City of Delray Beach Parks and Recreation Department are as follows:
. New Innovations will implement the summer curriculum at each of the 3 Parks and Recreation
Summer Out-of-school sites (Pompey, Pine Grove Elementary School, and the Community
Center), for one hour, 4 days per week
. New Innovations will administer pre and post assessments and provide detailed written reports of
the collective assessment results
. Through participation in the New Innovations summer curriculum, youth enrolled in the Delray
Beach Safe Haven! Parks & Recreation Department Summer Camp Reading Program Out of
School Program, will not experience the typical loss of skill! progress typically attributed to youth
not engaged in educational programming.
Outcome Measures to be Monitored bv New Innovations
. Monthly report to include the average of participants' pre and post test scores in reading and math
and a % of increase in scores (due by the 10th of the month for the preceding month)
. Total, cumulative average of participants' pre and post test scores in reading and math over the life
of the 2006 summer project and % of increase in scores over the duration of the project (due within
30 days of project completion).
Proaram Budaet
The total budget for the summer program is $15,350 of which $5,050 will be paid by Delray Beach Weed &
Seed (CCR) and $10,300 will be paid by the City of Delray Beach Parks and Recreation Department. A
detailed budget is set out below:
Item Description
Specialized Kool Kidz
Activity Books (including design fee)
Price
25.00
Quantity
320
Total
$8,000.00
Teacher Manuals
with CD
100.00
18
$ 1,800.00
Pre & Post assessments
$750.00
$4,800.00
Staff Development
(including three site directors supervising the academic
program for 1 hour per day, 4 days per week for seven
weeks, Grade level game list and Culminating Show Routine)
Total Price
$ 15,350.00
7
Payment Schedule:
Due approximately June 1 st (to be paid by Weed & Seed! CCR) $5,050.00
Due half-way through the summer project (to be paid by the Parks & Recreation Dept.): $5,150.00
Due after project completion and upon receipt of final report
(to be paid by the Parks & Recreation Dept.): $5,150.00
Detailed Description of New Innovation Deliverables:
New Innovations will perform the following services for the summer academic program for The City of
Delray Summer Camp Reading Program Out of School Program:
. Specialized Kool Kidz consumable Activity Books
These books are created to meet the needs of an innovative and enjoyable summer program. The
books will be divided into two categories, kindergarten through second grade and third through fifth
grade. The students will have interesting activities and projects that will teach essential academic
topics taken from the Sunshine State Standards which are the academic standards in the state of
Florida. Students will also have pre and post assessments at the beginning and ending of the
summer sessions to demonstrate academic growth.
The activity books will be composed of reading, mathematics, and writing across the curriculum.
The program will be one hour per day on Monday through Friday. Students will have twenty
minutes of mathematics, twenty minutes of language arts, and twenty minutes of physical games or
activities related to academics. At the end of the summer session, students will have a completed
Kool Kidz Activity Book and a completed Pre and Post Assessment Packet.
. Teacher Manuals with academic CD's
The Kool Kidz teacher manuals provide instructors with detailed lesson plans. These manuals
provide a syllabus for the summer program, and also give directions bplay indoor and outdoor
activities. All lessons are based on best practices according to brain research. The manuals also
have new academic CD's, music, and beats to aid in retention, transference, and application of
material. New Innovations will also provide a special lesson package for field trips that review
critical thinking skills and questioning techniques. This is provided so that field trips can be
maximized academically.
. Staff Development
The summer program will have three site directors and three assistants. One site director and one
assistant will be at each site for one hour four, days a week. The site directors and assistants will
administer and facilitate the program for the students. They will also prepare students for the
culminating show and administer pre and post testing.
A grade level game list was provided to the city complete with information on where games could
be obtained, age appropriateness of games, and the price of the games.
The culminating show will be an academic demonstration by the students through music, drama,
and movement for stakeholders. This show will demonstrate the effectiveness of the New
Innovations Kool Kidz Program and provide an opportunity to share academic information with the
community. It will also be a shining example of how entertainment, physical activity and academics
can converge and be successful.
8
MEMORANDUM
TO:
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGERtfJV\
AGENDA ITEM # ~\\ - REGULAR MEETING OF APRIL 18, 2006
CHANGE ORDER NO. 1/FINAL PAYMENT/ALMAZAN BROTHERS.
INC.
SUBJECT:
DATE:
APRIL 14, 2006
1bis is before the Commission to approve Change Order No.1 in the net deduct amount of
$42,131.00, and final payment in the amount of$12,813.90 to Almazan Brothers, Inc. for completion
of the West Atlantic Avenue/N.W. 24th Avenue Intersection and Turn Lane Improvements Project.
The project also included a driveway entrance for the Temple from Coral Trace Boulevard.
Funding is available from 334-3162-541-53.90 (General Construction Fund/Other Road Materials).
Recommend approval of Change Order No.1 in the amount of a $42,131.00 decrease and final
payment in the amount of $12,813.90 to Almazan Brothers, Inc. for completion of the West Atlantic
Avenue/N.W. 24th Avenue Intersection and Turn Lane Improvements Project.
S:!City Clerk/agenda cover memos/CO 1 Final Almazan Bras 041806
City Of Delray Beach
Department of Environmental Services
M
E
M
o
R
A
N
D
u
M
www.mydelraybeach.com
TO:
DAVID HARDEN, City Manager
VICTOR MAJTEN~truction Manager
FROM:
SUBJECT:
WEST ATLANTIC AVE / NW 24TH AVE INTERSECTION AND TURN LANE
IMPROVEMENTS (PIN 2002-003.3)
Agenda Request; Change Order #l/Final and Pinal Payment
DATE:
APRIL 11, 2006
Attached is an Agenda Request for City Commission to approve closeout Change Order #1/Final in the net
deduct amount of $42,131.00 and final payment in the amount of $12,813.90 to Almazan Brothers, Inc. for
having completed the construction of the NW 24th Ave intersection and turn lane improvements off of
West Atlantic Avenue in front of the new high school (PN 2002-003.3). The project also included a
driveway entrance for the Temple from Coral Trace Blvd. This change order includes plus and minus
quantity adjustments and liquidates the residual from contingency allowances. All changes for the project
are itemized on the attached Schedule A to Change Order #1/Final.
The project is complete and all closeout documentation received. Staff recommends City Commission
approve Change Order #1/Final in the deduct amount of ($42,131.00) and final payment in the amount
of $12,813.90 to Almazan Brothers, Inc. for completion of the West Atlantic Ave / NW 24th Ave
Intersection and Turn Lane Improvements project.
Residual funds to be liquidated from P.O.# 623461, account 334-3162-541-53.90, General Construction
Fund! Other Road Materials. A Contractor Evaluation is also attached.
cc: Richard Hasko; Director of ESD
Rafael Ballestero; Dep. Director of Construction, ESD
City Clerk's Office
Agenda File 04/18/06
File 2002-003.3(A)
S:\EngAdmin\Projects\2002\2002-003.3\OFFICIAL\Agd mem CO#l Fin Almazan 04.18.06.doc
CITY OF DELRA Y BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE NO. 11 Final PROJECT NO. 02-000.3.3 DATE:
PROJECT TITI..E: West Atlantic Ave I NW 24th Ave Intersection and Turn Lane Improvements (pIn 2002-003.3)
TO CONTRACTOR: Almazan Brothers, Inc.
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR
THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND
COVENANTS.
JUSTIFICATION:
Complete changes to project per the attached schedule "An.
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED
ADmSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER
COST OF CONSTRUCTION CHANGES THIS ORDER
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER
PER CENT DECREASE THIS CHANGE ORDER - 14.12 %
TOTAL PER CENT DECREASE TO DATE -14.12 %
$298,409.00
$0.00
$298,409.00
(-$42,131.00)
$256,278.00
CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that
the prices quoted are fair and reasonable and in proper ratio to the cost of the original work
contracted for under benefit of competitive bidding.
Almazan Brothers, Inc.
(Contractor to sign & seal)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Funding is available from accounts: 334-3162-541-53.90 (-$42,131.00).
DEPARTMENT
FUNDING
CERTIFIED BY
DELRA Y BEACH, FLORIDA by its City Commission
RECOMMEND:
By:
Environmental Services
Mayor
APPROVED:
ATTEST:
By:
City Attorney
City Clerk
S:\EngAdrnin\Projects\2002\2002-003.3\OFFICIAL\CO#l Fin Almazan 04. 18.06,doc
CITY OF DELRA Y BEACH
WEST ATLANTIC A VB.! NW 24TH A VB.. INTERSECTION TURN LANE IMPROVEMENTS
PROJECT No. 2002-003.3. BID No. 2004-36
Change Order #llFinal
SCHEDULE A
Almazan Brothers, Ine.
Contract Award Contract to Date
Item EXTENDED EXTENDED
No. Descrintion UNIT EST.OTY UNIT PRICE TOTAL PRICE ACT.OTY UNIT PRICE TOTAL PRICE
1 Mobilization LS 1 $15,000,00 $15,000,00 1 $15,000,00 $15,000,00
2 Record Drawings LS 1 $4,000,00 $4,000,00 1 $4.000,00 $4.000.00
3 Clearing and Grubbing LS 1 $12.000,00 $12.000,00 1 $12,000,00 $12,000,00
4 Maintenance of Traffic LS 1 $20,000,00 $20.000,00 1 $20,000,00 $20,000.00
5 Install & Maintain SWPP Measures LS 1 $2,000,00 $2,000,00 1 $2,000,00 $2,000,00
6 2' Type S Asphalt Structural Course SY 1,100 $850 $9,350,00 I,On $850 $9,112.00
7 Friction Course FC-12.5 SY 1,100 $6,50 $7,150,00 I,On $650 $6,968.00
8 11' Limerock Base SY 1.445 $14,00 $20,230,00 1,085 $14,00 $15,190,00
9 12' Compacted Subgrade SY 1,200 $8.00 $9,600,00 1,212 $8,00 $9.696,00
10 Mill & Resurface SY 4,300 $1450 $62,350.00 4,081 $1450 $59,174,50
11 Flowable Fill Trench Repair LF 100 $80,00 $8,000,00 0 $80,00 $0,00
12 6' Wide. 4' Thick Concrete Sidewalk LF 360 $18,00 $6,480,00 292 $18,00 $5,256,00
13 Concrete Sidewalk Ramps EA 4 $825,00 $3,300,00 4 $825,00 $3,300,00
14 FDOT Type D Curb LF 243 $15,00 $3,645,00 258 $15,00 $3,870.00
15 FDOT Type F Curb LS 425 $30,00 $12,750,00 370 $30,00 $11,100,00
16 Pavement Marking and Signage LS 1 $7,500,00 $7,500,00 1 $7,500,00 $7,500,00
17 12 Inch DIP Water main with Fittings LF 40 $375,00 $15,000,00 45 $375,00 $16,875.00
18 Fire Hydrant Assembly w/6' Water main & Gate Valve LS 1 $3,800,00 $3,800,00 1 $3,800.00 $3,800,00
19 Connections to Existing Water main EA 2 $500,00 $1,000,00 2 $500,00 $1,000,00
20 4 Foot FDOT Drainage Manhole with Curb Inlet Top EA 1 $3,500,00 $3.500,00 1 $3,500,00 $3,500,00
21 4 Foot FDOT Drainage Manhole with Casting EA 1 $2,800.00 $2,800,00 1 $2,800,00 $2,800,00
22 18'RCP LS 30 $100.00 $3,000,00 33 $100,00 $3,300.00
23 Connect to Existing Drainage System/Pipes LS 1 $1,500,00 $1,500,00 1 $1,500,00 $1,500,00
24 2' PVC Sch 40 Condun, Risers, Pull Boxes LS 1 $10,000,00 $10,000.00 1 $10,000,00 $10,000,00
25 Irrigation System Modnications LS 1 $1,000,00 $1,000,00 1 $1,000,00 $1,000,00
26 Video Allowance LS 1 $500,00 $500,00 1 $500,00 $500.00
27 Utilny Allowance LS 1 $15,000,00 $15,000,00 0 $15,000,00 $0,00
28 Indemnification LS 1 $10,00 $10,00 1 $10,00 $10.00
BASE EVALUATED BID (Total Items 1-28) $ 260,465,00 $228,451.50
Add Bid Alternate A - Corel Trace Blvd. Proposed Driveway
29 Mobilization LS 1 $4,000,00 $ 4,000,00 1 $4,000,00 $4,000,00
30 Record Drawings LS 1 $2,000,00 $ 2,000,00 1 $2,000,00 $2,000,00
31 Clearing and Grubbing LS 1 $6.000,00 $ 6,000,00 1 $6,000.00 $6.000,00
32 Maintenance of Traffic LS 1 $5,000,00 $ 5,000,00 1 $5,000,00 $5,000.00
33 Fill CY 320 $12,00 $ 3,840,00 0 $12,00 $0,00
34 1 112' Type 3 Asphalt SY 260 $7.50 $ 1.950,00 179 $7,50 $1,342,50
35 8' Limerock Base SY 260 $10,00 $ 2.600,00 189 $10,00 $1,890.00
36 12' Compacted Subgrade SY 280 $10,00 $ 2,800.00 213 $10,00 $2,130,00
37 FDOT Type D Curb LF 178 $18,00 $ 3,204,00 173 $18,00 $3,114,00
38 Pavement Marking and Signage LS 1 $1,000,00 $ 1,000,00 1 $1,000,00 $1,000.00
39 Grading and Sodding SY 150 $7,00 $ 1,050,00 150 $7,00 $1,050.00
40 Landscaping Allowance LS 1 $2,000,00 $ 2,000,00 0 $2,000.00 $0.00
41 Video Allowance LS 1 $500.00 $ 500.00 1 $300,00 $300,00
42 Utilnv Allowance LS 1 $2,000,00 $ 2,000,00 0 $2,000,00 $0.00
Total Mise Changes $37,944.00 $ 27,826.50
Total to Date
256,278.00
298,409.00
Original Award
Previously Approved Changes
Total Award
ContractTo Date
This Change Order
Change Order #1/Final
PIN 2002-003.3
Page 1 of 1
Difference
0,00
0,00
0,00
0,00
0,00
(238,00)
(182,00)
(5,040.00)
96.00
(3,17550)
(8,000,00)
(1,224,00)
0.00
225,00
(I.650JJO)
0.00
1,875,00
0,00
0,00
0,00
0.00
300,00
0,00
0.00
0,00
0,00
(15,000,00)
0,00
(32,01350)
0,00
0,00
0,00
0,00
(3,840,00)
(607,50)
(710,00)
(670,00)
(90,00)
0.00
0,00
(2,000,00)
(200,00)
(2,000.00)
(10,11750)
($42,131.00)
$298,409.00
$0.00
$298.409,00
$256.278.00
($42,131.00)
Agenda Item NOZ \\-
AGENDA REQUEST
DATE: April 11 ,2006
Request to be placed on:
--2L- Regular Agenda
_ Special Agenda
_ Workshop Agenda
When: April 18, 2006
Description of item (who, what, where, how much):
Request City Commission to approve closeout Change Order #1/Final, in the net deduct amount of
(-$42,131.00), and final payment in the amount of $12,813.90 to Almazan Brothers, Inc. for having
completed the construction of the NW 24th Ave intersection and turn lane improvements off of West
Atlantic Avenue in front of the new high school (PN 2002-003.3). All changes for the project are itemized
on the attached Schedule "A" to Change Order #1, Final.
ORDINANCElRESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends approval of Change Order #1 and final payment to Almazan
Brothers, Inc for the completion of construction of NW 24th Ave intersection and turn lane improvements
off of West Atlantic~A in, front of the new high school.
Department Head . ~.
Signature: j ~ I} -/3 ~ Ofp
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
Account No. & Description
Account Balance
(if applicable)
See above
See above
City Manager Review: @ 4
Approved for agenda: E 0
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
S:\EngAdmin\Projects\2002\2002-003.3\OFFICIAL\Agnd req CO#l Fin Almazan 04. 18,06.doc
~
I
RESOLUTION NO. 20-06
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRA Y BEACH, FLORIDA, SUPPORTING THE FLORIDA
DEPARTMENT OF ELDER AFFAIRS' COMMUNITIES FOR A
LIFETIME INITIATIVE
WHEREAS, Delray Beach supports the Florida Department of Elder Affairs'
Communities for a lifetime initiative to make Florida a friendlier place to live for people of all ages;
that they may be as independent as long as possible, and remain in their homes and in the
communities they love; and
WHEREAS, the State of Florida has the highest percentage of elders of any state in
the nation and our elder population will continue to increase, reaching numbers without precedent
in the first part of the XXI Century; and
WHEREAS, in order to allow all residents to maintain their dignity, security, and
independence; communities must evaluate, assess, and modify their infrastructures to create a
Community for a lifetime; and
WHEREAS, Delray Beach and the Florida Department of Elder Affairs share the vision and
responsibility to improve the life of all citizens so they can prepare for and enjoy aging in place
throughout their life, and
WHEREAS, in order to achieve our mutual goals, cities and counties should begin to build
together a place free of physical, emotional, and social barriers.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, THAT:
Section 1. The City of Delray Beach will make every effort to first evaluate and later remove
barriers to create a Community for a lifetime.
PASSED AND ADOPTED this 18th day of April, 2006.
ATTEST:
MAYOR
City Clerk
~I
~~~
RECE\VEC>
APR 1 3 2006
CITY CLERK
~"""//
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~;~
SAMPLE RESOLUTION
Whereas, _(community's name)_ supports the Florida Department of Elder Affairs' Communities
for a Lifetime initiative to make Florida a friendlier place to live for people of all ages, that they
may be as independent as long as possible, and remain in their homes and in the communities
they love; and
Whereas, the State of Florida has the highest percentage of elders of any state in the nation and
our elder population will continue to increase, reaching numbers without precedent in the first
part of the XXI Century; and
Whereas, in order to allow all residents to maintain their dignity, security and independence,
communities must evaluate, assess and modify their infrastructures to create a Community for a
Lifetime; and
Whereas, _(community's name) _ and the Florida Department of Elder Affairs share the vision
and responsibility to improve the life of all citizens so they can prepare for and enjoy aging in
place throughout their life; and
Whereas, in order to achieve our mutual goals, cities and counties should begin to build together
a place free of physical, emotional and social barriers,
BE IT HEREBY RESOLVED that our community, will make every effort to first evaluate and
later remove barriers to create a Community for a Lifetime.
For more information on the Communities for a Lifetime initiative, contact Sunny Phil/ips
with the Florida Department of Elder Affairs at 850/414-2058, visit the Web site at
www. communitiesforalifetime.or~ or e-mail communities@elderaffairs.or~.
,.
[IT' DF DELIAY IEA[H
CITY ATTORNEY'S OFFICE
]()() NW 1st AVEl\U" DELRAY BEACH, FLORIDA 33444
TI'LEPI-ICY\F 'ih! !]4\-7()<)() . FACSIMILE: '161/278-4755
, lilt! DATE:
1993 TO:
2001
DELRAY BEACH
f L () R I [) A
t&8I:II
All-America City
Writer's Direct Line: 561/243-7091
MEMORANDUM
April 7, 2006
FROM:
City Commission
David Harden, City Manager
@-~
Brian Shutt, Assistant City Attorney
SUBJECT:
Acceptance of Easement Deed
The following easement deed provides a 5' wide easement, adjacent to 135 NW 5th
Avenue, to be used for the installation of a sidewalk. The easement deed is part of the
SW/NW 5th Avenue Project.
Our office requests that this item be placed on the April 18, 2006 City Commission agenda
for acceptance.
Please call if you have any questions.
Attachment
cc: Chevelle Nubin, City Clerk
Randal Krejcarek, City Engineer
rl<
4
~::r
Prepared by: RETURN:
R. Brian Shutt, Esq.
City Attorney's Office
200 N.W. 1st Avenue
Delray Beach, Florida 33444
EASEMENT DEED
THIS INDENTURE, made this 9~ day of ~'''''ry , 200!9 by and between
DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, with a mailing address
of 20 N. Swinton Avenue, Delray Beach, FL 33444 party of the ftrst part, and the CITY OF
DELRAY BEACH, with a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida
33444, a municipal corporation in Palm Beach County, State of Florida, party of the second part:
WITNESSETH: That the party of the fIrst part, for and in consideration of the mutual promises
herein contained and other good and valuable considerations, does hereby grant, bargain, sell and
release unto the party of the second part, its successors and assigns, a right of way and perpetual
easement for the purpose of the construction and maintenance of a public sidewalk with full and
free right, liberty, and authority to enter upon and to install, operate, and maintain such sidewalk
across, through and upon or within the following described property located in Palm Beach
County, Florida, to-wit:
DESCRIPTION
West 5' of replat of plat of block 27, Lot 3, Public Records, Palm
Beach County
Concomitant and coextensive with this right is the further right in the party of the second party,
its successors and assigns, of ingress and egress over and on that portion of land described above,
to effect the purposes of the easement, as expressed hereinafter.
That this easement shall be subject only to those easements, restrictions, conditions and
reservations of record. That the party of the ftrst part agrees to provide for the release or
subordination of any and all mortgages or liens encumbering this easement. The party of the ftrst
part also agrees to erect no building or affect any other kind of construction or improvements
upon the above-described property, other than the aforementioned sidewalk.
It is understood that upon completion of sidewalk construction, all lands disturbed&thereby as a result of such construction performed thereon, will be restored to its original or like
, I
condition without expense to the property owner and that once the sidewalk has been constructed
to the required standards the party of the second part shall repair and maintain the sidewalk in
conformance with its practices of maintaining public sidewalks throughout the City.
Party of the first part does hereby fully warrant the title to said land and will defend the
same against the lawful claims of all persons whomsoever claimed by, through or under it, that it
has good right and lawful authority to grant the above-described easement and that the same is
unencumbered except as provided above. Where the context of this Easement Deed allows or
permits, the same shall include the successors or assigns of the parties.
IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the
day and year first above written.
,,/,/'
...
PARTY}Olf1rHE F
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By//,
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WITNES~#2:
. ,k~:~'v
7.J" " c~~~9l1b
(name printed or typed)
STATE OF fi0f..lOfr 1},_. _ .
COUNTY OF P J/tJlA VE7tQt
The foregoing instrument was acknowledged before me this q1t1 day of
~ , 200 ~ by ~1)J.4-tW ~u..ll'dbg.vJJtm (name of officer or agent), of
o uP { 8dcPf (name of corporation), a f1.D(l..(OA- (State or of
inc rporation) c rporation, on behalf of the corporation. ~he is personall known to m or
has produced N/Ir- (type })f--i ntification) as identification and did/did
not take an oath.' / /
/
(SEAL)
,,~'Sll.~'!<. PAMELA D, W1WAMS
/~;&~,.\ MY COMMISSI,ON # ,DO 455221
~.~~i EXPIRES: July 27,2009
"iti:'" ",~l Bonlled 1'htu Notary Publ10 Underwrllers
,P.r..", ., .____ ._
2
04/14/2008 14:28 FAX 5812784755
CITY A TTORHEV
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LOT :3
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(#182)
LOT 2
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REPLA T OF PART OF
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LOT 4
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CITY of DELAA Y BEACH
ENVIRONMENTAL SERVICES DEPAR'TMENT
04 80IITH 8WNroN AVE!Nl.E. Da.llAY IlilEACI>i, JIILCllIlIDA 33444
PROPOSED SIDEWALK EASEMENT
135 NW 5TH AVENUE
Project # 2003-037
11/16/0'l
0:'-0:'7
1 of 1
MEMORANDUM
TO: MAYOR AND CI1Y COMMISSIONERS
FROM: CI1Y MANAGER ~1
SUBJECT: AGENDA ITEM # g" ~ - REGULAR MEETING OF APRIL 18, 2006
REPORT OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
DATE: APRIL 14,2006
Attached is the Report of Appealable Land Use Items for the period April 3, 2006 through April 14,
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 Clerk\agenda memos\apagmemo 041806
~I
FROM:
D\V~R~' 1.Y MANAGER
PA~ 1)ORLlNG, DI TOR OF PLANNING AND ZONING
JASMIN ALLEN, P NER
MEETING OF APRIL 18, 2006 *CONSENT AGENDA *
REPORT OF APPEALABLE LAND USE ITEMS APRIL 3, 2006 THRU APRIL 14,
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 April 3, 2006 through April 14, 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.
I
SITE PLAN REV(~ ANI) APPEARANCE BOARD APRlt'5, 2006
. ,
A. Approved with conditions (6 to 1, Christina Morrison arrived late and abstained), a request to
allow the installation of a free standing sign for Barr Terrace Condominium, located at the
northeast corner of East Atlantic Avenue and the Intracoastal Waterway (50 East Road).
B. Approved (6 to 0, Connor Lynch stepped down), a request for a color change for The Pineapple
Apartments, LLC, located on the south side of NE 11th Street, east of NE 2nd Avenue (202 NE
11th Street).
C. Approved (7 to 0), a Class I site plan modification and architectural elevation plan associated with
the addition of four awnings for Bice Restaurant, located on the south side of East Atlantic
Avenue, east of SE 1st Avenue (110 East Atlantic Avenue).
D. Tabled (7 to 0), a Class I site plan modification and architectural elevation plan associated with
the addition of three retractable style awnings for Tramonti Italian Restaurant, located on the
north side of East Atlantic Avenue, east of NE 1st Avenue (119 East Atlantic Avenue). The Board
recommended that the applicant revise the plans to provide a maximum projection of 5 feet and
required that the 5' sidewalk clearance be maintained at all times.
E. Tabled (7 to 0), a Class I site plan modification associated with the elimination of arches between
the buildin~s for Porta-AI-Mare, located on the west side of NE 6th Avenue, between NE 1st Street
and NE 2n Street (150 NE 6th Avenue). The Board requested that the applicant provide additional
documentation to justify the removal of the architectural feature (arches).
City Commission Documentation
Appealable Items Meeting of April 18, 2006
F. Approved with conditions (7 to 0), a Class I site plan modification and architectural elevation plan
associated with replacing the existing fac;ade for Del ray West Plaza, located at the southeast
corner of Military Trail and West Atlantic Avenue (14824 South Military Trail).
G. Approved with conditions (7 to 0), a Class II site plan modification, landscape plan and
architectural elevation plan associated with the installation of a 1,344 sq. ft. temporary sales trailer
for The Village at Swinton Square, located at the southwest corner of South Swinton Avenue
and SW 10th Street.
H. Approved with conditions (6 to 1, Christina Morrison dissenting) a Class V site plan associated
with the construction of a mixed-use development that includes 75 residential units, 24,133 sq. ft.
of commercial floor area and a 3-level parking garage for Cityscape, located on the west side of
NE 5th Avenue, south of NE 4th Street (300, 350 & 362 NE 5th Avenue). The landscape plan and
architectural elevation plan were approved on a 7 to 0 vote. Concurrently, the Board
recommended approval of the following waivers:
. Reduction in the required stacking distance from 50' to 36' between the right-of-way and first
parking space at the intersection of the alley and the access drive to the west parking garage
entrance.
. Reduction in the required 20' sight visibility triangle to 15' at the intersection of NE 5th Avenue
and the east parking garage access drive.
. Reduction in the sight visibility triangle from 40' to 20' at the intersection of NE 5th Avenue and
N E 3rd Street.
. Reduction in the sight visibility triangle at the alleyway and the driveway to the parking garage
from 20' to 18'.
I. Approved with conditions (7 to 0), a Class III site plan modification associated with the conversion
of 1,600 sq. ft. of retail space to restaurant for Cafe Mocha, located on the east side of Pineapple
Grove Way, south of NE 4th Street (325 Pineapple Grove Way).
J. Approved with conditions (7 to 0), a Class V site plan, landscape plan and architectural elevation
plans associated with the construction of 30 multiple family residential units for Seagate
Residences, located on the west side of Ocean Boulevard, between Bucida Road and Casuarina
Road. Concurrently, the Board recommended approval of the following waivers:
. A waiver to eliminate the recreational facilities for older children.
. A waiver for the reduction of the stacking distance from 50' to 27' from Seagate Drive.
PLANNING AND ZONING BOARD
No Regular Meeting of the Planning and Zoning Board was held during this period.
HISTORIC PRESERVATION BOARD
No Regular Meeting of the Historic Preservation Board was held during this period.
RECOMMENDED ACTION
~
By motion, receive and file this report.
Attachment: Location Map
2
CITY OF DELRAY BEACH, FLORIDA
- City Commission Meeting -
APRIL 18, 2006
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SPRAB
A. BARR TERRACE CONDO.
B. THE PINEAPPLE APARTMENTS, LLC.
C. BICE RESTAURANT
D. TRAMONTI ITALIAN RESTAURANT
E. PORTA-AL-MARE
F. DELRA Y WEST PLAZA
G. THE VILLAGE A T SWINTON
SQUARE SALES TRAILER
H. CITYSCAPE
I. CAFE MOCHA
J. SEAGA TE RESIDENCES
GRAPHIC SCALE
-,,-,,-,,- CITYLlMfTS -,,-,,-,,-
ONE MILE
CITY OF DELRA Y BEACH, FL
PLANNING & ZONING DEPARTMENT
APRIL 2006
.. DIGITAL BASE MAP SYSTEM..
MEMORANDUM
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER W1
AGENDA ITEM # % L - REGULAR MEETING OF APRIL 18, 2006
AWARD OF BIDS AND CONTRACTS
TO:
FROM:
DATE:
APRIL 14, 2006
1bis is before the City Commission to approve the award of the following bids:
1. Contract award to Murray Logan Construction, Inc. in the amount of $17,000.00
via the Palm Beach County Contract #05118 for rehabilitation of Lift Stations 23
and 90B. Funding is available from 442-5178-536-61.83 (Water/Sewer Renewal
and Replacement Fund/Lift Station Rehabilitation).
2. Purchase award to Seating Constructors USA, Inc. in the amount of $50,111.69 via
Florida State Contract #650-001-04-1 for the purchase of two (2) 10 row 27 foot
bleachers for Little Fenway Field at Miller Park. Funding is available from 380-
4150-572-63.81 (2004 G.O. Bond/Parks & Recreation/lmprovements/ Other
Parks Citywide) and 334-4151-572-63.81 (General Construction Fund/ Other
Parks).
3. Purchase award to Gametime the amount of $100,268.03 via Florida State Contract
#650-001-04-1 for playground equipment for Knowles Park, Currie Commons,
and Anchor Park. Funding is available from 380-4150-572-63.81 (2004 G.O.
Bond/Parks & Recreation/Improvements/Other Parks).
4. Bid award to Tanner Industries at an estimated annual cost of $28,000.00 via the
Palm Beach County Bid #06-034CB for the purchase of anhydrous ammonia.
Funding is available from 441-5122-536-52.21 (Water/Sewer Fund/Chemicals).
5. Purchase award to Americas Generators, Inc., as a sole source vendor, in the
amount of $45,539.90 for the purchase of five (5) 16 KW skid mounted generators
for the City's utility system for hurricane response and recovery. Funding is
available from 441-5161-536-64.90 (Water & Sewer New Capital/ Other Machinery
& Equipment).
6. Contract award to DCR Engineering Services, Inc. in the amount of $102,712.55
for the purchase and installation of a replacement Fire Station Alerting System for
the Fire Department. Funding is available from 334-6112-526-64.55 (General
Construction Fund/Fire Station Alert System).
7. Purchase award in the total amount of $43,651.73 to Universal Signs & Accessories
and 3M Traffic Safety for the purchase of reflective material, aluminum blanks, and
sign posts as replacement stock for the City's sign shop. Funding is available from
001-3141-541-52.20 (General Fund/General Operating Supplies).
Recommend approval of the above bids and purchases.
S:\City Clerk\agenda memo\Bid Memo 041806
City Of Delray Beach
Department of Environmental Services
MEMORAN
D
u
M
www.mydelraybeach.com
TO: David T. Harden, City Manager
FROM: Richard C. Hasko, P.E., Environmental Services Director
SUBJECT: REHABILITATION OF LIFT STATION #23 & #90B
DATE: April 14, 2006
Attached is a memo from our Utility Maintenance Manager as well as quotes from Murray Logan
Construction, Inc., and Southeastern Pump for replacement of base fittings, guide rails, mounting
brackets and other mechanical equipment at sewer lift stations #23 and #90B. These components
have suffered significant deterioration resulting from the caustic environment in which they are
located and require replacement.
Purchase Orders will be processed for Murray Logan and Southeastern Pump in the amounts of
$17,000 and $4,020, respectively. The cost for both lift stations, including materials, labor and
installation totals $21,020. Murray Logan's quote is based on unit prices from Palm Beach County
contract #05118 for continuing maintenance. Material costs from Southeastern Pump are from the
City's annual contract for pipe, fittings and mechanical components. Funding for this expense is
available in Water & Sewer Renewal & Replacement (R&R) account #442-5178-536-61.83, Lift
Station Rehabilitation after budget transfer.
Please place this item on the April 18, 2006 agenda for consideration by City Commission.
Cc: Victor Majtenyi, Construction Manager
Bob Bullard, Utility Maintenance Manager
~L,1
. Apr. 3. 2006 3:07PM
No.7242 p. 2
ExcelJen~e
Sincs
1968
MURRAY LOGAN CONSTRUcnON, INC
c..rwl CotttrtIcton
313 65TH TRAIL NORTH
WEST PAl.M BEACH..FLOIUDA 334"
TELEPHONII (561) 686.3948
FAX (561) 686.H65
~~
April 3, 2006
Ann: Mr.HaroId WdtiuDslUtility Supervisor
City ofDelray Beach
434 S'.Swinton Ave.
DeIray Beech, FJ.33444
Reference: Rehabilitation Pump S1ations , 23 & 90B
I,
i,
Dear Mr. Williams:
Per our ~ field visit regarding the above reference pump stations. Murray Logan
Consuuction, Inc. submits the. following proposal fOr youi review.
~
Furnish and install the following items stainless steel base plates. mega -fla:ng~, gaskets,
bypass pump and concrete floor restor3tion if required: City ofDeJray Beach furnished
items; electrician to disa>nnect and reconnect pumps, Vac-tnJck to clean station. base
elbows, and guide-rail pipes and guide rail brackets as required.
Lump sum :::0 $8500.00 x 2 station = 517000.00
In closing, if I can be of my ftutherassistance to you., ple8se do not hesitate to call me.
~.~
Bruce G.Smith
Senior Project ~
.04/03/2006 13:41
9547818434
SEPUMP
PAGE 01
~ SOUTHEASTERN PUMP
Tampa' Pompano Beach' Jacksonville
Apri13.20oe
City of Delray Beach
Utility Maintenance Division
434 South Swinton Avenue
Defray Beach, FL 33444
Attention:
Subject:
Mr. Robert Bullard
LIFT STATION No. 23, 90B
Lift Station Rehab Parts
Per your request, we are pleased to offer the following in accordance With the City of Delray
i. Standard Specification, and Bid Contract No. 2005-24~
Four (4)
Barnes Break-Away.Fittings Model BAF-4. includes Base Elbow, Pump
Claw, and Standard Upper Guide Rail Support Bracket.
PRICE~ $ 675.00 each, delivered.
Eight (8)
,....
e9.. 70 V . -0)
1. %" x 20 ft. Stainless Steel Guide Rail Pipe
Type 3048$: $165.00 per stick. delivered.
Type 316 55: $ 260.00 per stick. delivered.
132-0
--
402-6. rJD
Prices do not include taxes.
Prices include shippmg/delivery charges to City of Defray Beach.
Payment is Due 30 days from invoice date.
~ I OJ-O
Please advise us with any questions, or if we may receive your valued order.
Sincerely I
ffIuut. <fJ~
jv
SOUTHEASTERN PUMP
PO Box 100727 . Ft. Lauderdale. FL 33310 . 1368 $W 12th Avenue . Pompano Beach, FL 33069
Toll Free (800)396-4182 . Phone (954) 781-8400 . Fax (954)781-8434 . www.sepump.com
AGENDA ITEM NUMBER:
~~
AGENDA REQUEST
Date: April 12, 2006
Request to be placed on:
x
Regular Agenda
Special Agenda
Workshop Agenda
When:
April 18,2006
Description of agenda item:
Staff requests Commission approval of a proposal from Murray Logan Construction, Inc., in the amount of
$21,020 for provision of all materials, labor and equipment necessary for the replacement of base fittings,
guide rails, mounting brackets and other mechanical equipment in sewer lift stations #23 and 90B. These
components have deteriorated over time due to the caustic environment in which they are located and require
replacement. The proposal is based on unit prices from a continuing maintenance contract with Palm Beach
County and will be funded from W &S R&R account #442-5178-536-61.83, Lift Station Rehabilitation, after
budget transfer.
ORDINANCE/RESOLUTION REQUIRED:
Draft of Resolution Attached:
YES
YES
NO
NO
Recommendatio," Staff recommeods ~
Department Head Signature: .. l~~
'-I~/~-ob
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review
(required on all items involving expenditure of funds):
q;)
Funding available:
{1:f:-
No
Funding alternatives (if applicable):
Account Number:
l/ t.Jl-~ (7 8 - 5310 _ b I - B 3
CA' U- ~tteh ~ (} (j)ItA) -Iv ~ b w&vS I ~ l/.-
ft ZIt o?D dfkv fv~
Account Description:
Account Balance:
City Manager Review:
Approved for Agenda:
(!j
fti
No
Hold Until:
Agenda Coordinator Review:
Received:
Action:
Approved:
Disapproved:
P.O. #
AGENDA ITEM NUMBER:
City of Delray Beach
Budget Transfer Form
Departmental Line Transfer
InterfundlInterdepartmental Transfer
Date April 17, 2006
Batch Number
Requested By: MAUREEN OWENS - ACCOUNTANT II
'f1t()jECTfi.> ACCOUNTN1.1MBER .. ..... , ... ... ;~_ll.i(Jtrr ~$~;.
380-0000-36 1 -1 0.00 Interest Earning 2 1 ,850
380-4 1 50-572-63 .8 1 Other Parks-Citywide 2 1,850
334-6 1 12-572-64.33 Replace Playground Equip 19,870
334-4 1 5 1 -572-63 .8 I Other Parks-Citywide 19,870
TOTAL
mSTIFICATION: Transfer funds from the interest earnings and the Replace Playground Equipment accounts per approval of the
City Commissioners at the April 18th meeting; awarding contract to Seating Construction USA Inc for the bleachers for the Little
Fenway Field at Miller Park. The contract total is $50,111.69 however only $8,392 is available in the Citywide account in the
2004 P&R fund; $41,720 is needed to award th contract to Seating Construction USA Inc.
Department Head Budget Administrator
~
Finance Director .....l. City Manager
Original- Budget
Canary - Project File
Pink - Department
\.\\ \'E>\~ ~
,^M~~ ~~Gn for::t~ ?>.L,;L
[ITY DF DElRAY BEA[H
DELRAY BEACH
f () R I IJ '"
t&e.d
AII.America City
, , III:
100 N W. 151 AVENUE
DELRAY BEACH, FLORIDA 33444
1993
2001
MEMORANDUM
TO:
David Harden
City Manager
FROM:
Joe Weldon
Director of Parks and Recreation
SUBJECT: Bleachers for Little Fenway Field at Miller Park
DATE:
April 12, 2006
561/243- 7000
Attached please find a quote from Seating Constructions USA, Inc. for two
(2) 10 row 27 foot bleachers for Little Fenway Field at Miller Park. The
price breakdown is as follows:
2-10 row 27' aluminum elevated bleachers - $11,075 each
2-30' ADA ramp - $9,795 each
1 installation of 2-10 row bleachers
1 removal of two (2) old bleachers
shipping and handling
Subtotal
Less state contract discount
Total
$22,150.00
$19,590.00
$5,580.00
$3,330.00
$2,800.89
$53,450.89
-$3,339.20
$50,111. 69
This price is offered in accordance with Florida State Contract #650-001-
04-1. Funding for these bleachers is available in account #380-4150-572-
63.81.
As you recall, City Commission approved this item for purchase, along
with other items, from the $200,000 in the Park Bond Issue for park
upgrades.
@ Printed on Recycleel Pdper
THE EFFORT ALWAYS MATTERS
~L,~
2
Please place this on the April 18, 2006 agenda for City Commission
consideration.
Joe
Direc
Parks and Recreation
Attachment
cc: Carolanne Kucmerowski
Agenda Coordinator
JW: cp
Ref:blchrlfmp
t'!A
;;;I ~
~,uu
Seating Constructors USA, Inc.
P.o. Box 2397
Pinellas Park, FL 33780
Ph. 727-539-1017 Fax: 727-539-1067
QUOTE 716908
QUO TE !!!!!!!!
Project
Name City of Delray Beach
Address 50 NW 1st Avenue
City Delray Beach State FL ZIP 33444
Phone 561-243-7255; Fax 561-243-7268
Date
Customer
Rep
FOa
2/912006
Delray Beach
T. Kwiatek
33444
Qty Description Unit Price TOTAL
This quote utilizes the Florida State Contract
CONTRACT# 650-001-04-1 FL# CGC 1505749
Contract Effective 8/01/03 to 7/31/06
www.mvflorida.comlst contractsl650001041/
Bid # 38-650-001-L Commodity # 805-350-100
2 10 row 27 foot elevated aluminum angle frame bleacher $11,075.00 $22,150.00
2 30" ADA Ramp $9,795.00 $19,590.00
1 Installation of (2) 10 row x 27' bleachers (360 gross seats) $5,580.00 $5,580.00
Figures below utilize the Marion County Contract
Bid #2986JD; Effective 3/812006 - 3/3112008
"Bleacher Maintenance Outdoor, Two Year Contract"
1 8F. Removal of entire structure (2) 10 rfNol x 27' (per seat charge) $3,330.00 $3,330.00
jBieaChen.1OinCiUlie Quardraii. aiSie:7iSeri 'fOOtbOardS-as-'
,required for UBC1007. Once purchase order is received, I
~~~~I~~~~~~~~~~~~------~
IDoes NOT include: I
Ifoundation, site work, permit, storage I
----------.....-------------
" SubTotal $50,650.00
Payment Details Shipping & Handling $2,800.89
@ Due Upon Receipt
0 Net 15 FL state Contract Discount ($3,339.20)
0 Net 30 TOTAL $50,111.69
Miller Park
1905 SW 4th Avenue
Delray Beach, FL 33444
Accepted By;
Ph#
Date
Date: April 12, 2006
AGENDA ITEM NUMBER: )sL.~
AGENDA REQUEST
Request to be placed on:
_Consent Agenda -.!...Regular Agenda _Workshop Agenda _Special Agenda
When: April 18, 2006
Description of Agenda Item (who, what, where, how much): Request approval
to purchase two 10 row.27 foot bleachers for Little Fenway Field at Miller Park
from Seating Constructions USA, Inc. at a price of $50,111.69 to be funded out,
of account #380-4150-572-'63.81. This price is in accordance with Florida State
Contract #650-001-04-1. ttrvA 2>'34- Lt\S\- '5'1~ - {; 3. Bl.
City Attorney Revi !Recommendation (if applicable):
Department Head
Signature:
Budget Director Review (requir-:..~on all items involving expenditure of funds):
"'-~ 4'NvW\.V
Funding Available: @ No Imtials: I 0 I...fJ.. J
360-41150 _ '51;L-lP'3. ~ I ~OL (Jr. . ruOt\f' ~
AccountNumber ~ 3?J4-~ISI- 51~-{,'3.el cr~ ~~iJn
Description ~e-,{"' ~Vvr'~'S - C~\~ ",t>e
3BO-t.f \50- 5'1.1- &'3.8 l~q,~OO 1 b 'uL Ir ~
Account Balance: 334 - Lf' 51- 5'11-lP~. ~O. 0 0 ~01 (\-~ \It;L'trl i~Y
50, IJJ.. 0 0
Funding Alternatives: (if applicable)
City Manager Review:
Approved fur Agenda: @ No Initials:
Hold Until:
rJZ1
Agenda Coordinator Review:
Received:
[IT' DF DElRAY IEA[H
DElRAY BEACH
100 NW 1st AVENUE DELRAY BEACH, FLORIDA 33444 . 561/243-7000
I I () lo: I IJ 1'.
Da:I:II
AII.America City
, 1111:
MEMORANDUM
1993
2001
TO:
David Harden, City Manager
FROM:
Joe Weldon, Director of Parks and Recreation
SUBJECT: Playground Equipment for Knowles Park,
Currie Commons and Anchor Park
DATE:
April 12, 2006
Attached please find a quote from GameTime for the Anchors Away, Round
Up, and Mountain Slide playground equipment that will be installed at
Knowles Park, Currie Commons and Anchor Park. The price of the equipment
is as follows:
Anchors Away
Round Up
Mountain Slide
TOTAL
$33,418.36
$32,819.85
$34,029.82
$100,268.03
This price is offered in accordance with Florida State Contract #650-001-
04 -1. Special promotional pricing for these products includes free
freight and equipment installation and ends December 1, 2006.
Installation and freight shown in the quotation are for the installation
and freight of the playground safety surface. Funding for this equipment
is available in account #380-4150-572-63.81.
As you recall, City Commission approved this playground equipment for
purchase, along with other items, from the $200,000 in the Park Bond
Issue for park upgrades.
@ Printed on Recycled f'aper
THE EFFORT ALWAYS MATTERS
~L.3
2
Please place this on the April 18, 2006 agenda for City Commission
consideration.
Parks and Recreation
cc: Carolanne Kucmerowski
Agenda Coordinator
Ref:kpccappg
Game7iiiie@
GAMETIME
clo Dominica Recreation Products
P.O. Box 520700
Longwood, FL 32752-0700
Phone: (407)331-0101
Toll Free: (800)432-0162
Facsimile: (407)331-4720
Contact: Barry Lock
E-mail: barryl@gametime.com
GameTime Quotation
Enriching Childhood Through Play,.
Date: 3/2/2006
Quote No.: 261406101
Pricing: 2006 Standard
City of Delray Beach
AUn: Mr. Joe Weldon, Dir. of Pks & Rec
For. Playground Option #1
50 NW 1st Avenue
Delray Beach, FL 33444
Ship to Zip: 33444
Telephone: (561)243-7251
Facsimile: (561}243-7268
QTV
1
34
1
1
1
5
1
2
ITEM
DRP
4860
PREP
EWF
161290
161292
28024
28009
DESCRIPTION
#629-M Anchors Away PrimeTime System
12"P1aycurb Pkg-Blk
12" Excavation/Set Playcurbs to Grade
1152SF GTIMPAX Wood Fiber (12")
Geo- Textile 2250 Sq Ft Roll
Wear Mat 44"X4B"
Receptable W/Dome Top Inground
6' PIS Bench W/Back Inground
Total weight
Ext Weiaht Price Ext Price
3,007 25,117.00 $25,117.00
476 29.00 $986.00
1,440.00 $1,440.00
3,168.00 $3,168.00
60 372.00 $372.00
285 110.00 $550.00
82 415.00 $415.00
200 367.00 $734.00
4,110 Sub-total: $32,782.00
Discount: ($6,670.74)
Installation: $5,917.86
Estimated Freight $1,389.24
Total: $33,418.36
- Pricing in accordance with Rorida State Contract #650-001-04-1 . with special promotional
pricing for #DRP629M (discount includes system freight and installation) under DRP lOS-Star Installation
Promotion".
- Pricing includes excavation of 32' x 36' site to allow sinking of PlayCurbs to grade to accommodate
12" of GTIMPAX wood fiber accessible safety surfacing with a layer of geotextile underlay..
This quotation is subject to policies in the current GameTime Park and Playground Catalog and the following terms and conditions. Our quotation is based on
shipment of all items at one time to a single destination, unless noted, and changes are subject to price adjustment. Purchases in excess of $1,000.00 to be
supported by your written purchase order made out to GameTlme, c/o Dominica Recreation Products. Kindly Issue one order for the equipment and a separate
order for surfaclng and/or eq\ipment In&la~ation services.
Pricing: f.o.b. factory, firm for 30 days from date of quotation.
Payment terms: payment In full, net 3D days subject to approval by GameTlme Credit Manager. A 1.5% per month finance charge will be imposed on
all past due accounts. Equipment shall be invoiced separately from other seNlces and shall be payable in advance of those services and project
completion. Retalnage not accepted.
ShIpment: order sha~ ship within 30-45 days after GameTime's receipt and acceptance of your purchase order, color selections, approved subrnitlBls, and
receipt of deposit, jf requi'ed.
Freight charges: Prepaid and added at time of invoicing.
Taxes: Stale and local taxes. if applicable, will be added at time ofinvoiclng unless a tax exempt certificate Is provided at the time of order entry.
ReceIpt of goods: Customer shall receive, unload and inspect goods upon arrival, noling any discrepancies on the Delivery Receipt prior to written
acceplsnce of the shipment.
Exclusions: Unl8&8 specifically included, this quotation BXcludes aU sits work and landscaping; removal of exIs1Ing equipment; acceptance
of equipment and off-loading; storage of goods prior to installation; equipment assembly and instaRation; safety surfacing; borders and
drainage provisions, signed/sealed engineering drawings, permits and any related fees.
Page 1 of2
Game7ime@
GAMETIME
clo Dominica Recreation Products
P.O. Box 520700
Longwood, FL 32752-0700
Phone: (407)331-0101
Toll Free: (800)432-0162
Facsimile: (407)331-4720
Contact: Barry Lock
E-mail: barryl@gametime.com
GameTime Quotation
Enriching Childhood Through PLaYUI
Date: 31212006
Quote No.: 261406102
Pricing: 2006 Standard
City of Delray Beach
Altn: Mr. Joe Weldon, Dir. of Pks & Ree
For: Playground Option #2
50 NW 1 st Avenue
Delray Beach, FL 33444
Ship to Zip: 33444
Telephone: (561)243-7251
Facsimile: (561}243-7268
QTY
1
34
1
1
1
2
1
2
ITEM
DRP
4860
PREP
EWF
161290
161292
28024
28009
DESCRIPTION
#782-M Round-Up Primetime System
12"PJaycurb Pkg-Blk
12" Excavation/Set Curbs to Grade
1152SF GTIMPAX Wood fiber (12")
Geo- Textile 2250 Sq Ft Roll
Wear Mat 44"X48"
Receptable W/Dome Top Inground
6' PIS Bench W/Back lnground
Total weight
Ext Weiaht Price Ext Price
3,635 26,022.00 $26,022.00
476 29.00 $986.00
1,440.00 $1,440.00
2,072.24 $2,072.24
60 372.00 $372.00
114 110.00 $220.00
82 415.00 $415.00
200 367.00 $734.00
4,567 Sub-total: $32,261.24
Discount ($7,070.45)
Installation: $6,098.45
Calculated Freight $1,530.61
Total: $32,819.85
- Pricing In accordance with Florida State Contract #550-001-04-1 , with special promotional
pricing for #DRP782-M (discount includes system freight and installation) under DRP "S-Star Installation
Promotion".
- Pricing includes excavation of 32' x 36' site to allow sinking of PlayCurbs to grade to accommodate
12" of GTlMPAX wood fiber accessible safety surfacing with a layer of geotextile underlay..
This quotation Is subject to polic;ies In the current GameTune Park and Playground Catalog and the following terms and condlllons. Our quotation is based on
shipment of all items at one lime to a single destinallon, unless noted, and c:hanges are subject to price adjustment. Purc;hases In excess of $1,000.00 to be
supported by your written purchase order made out to GameTlme, c/o Dominica RecreaUon Products. Kindly issue one order for the equipment and a separate
order for surfacing and/or equipment installation services.
Pricing: f.o.b. factory, firm for 30 days from date of quotation.
Payment terms: payment in full, net 30 days subject to approval by GameTIme Credit Manager. A 1.5% per month finance charge will be imposed on
all past due accounts. equipment shall be invoiced separately from other services and shall be payable In advance of those services and project
completion. Retainage not accepted.
Shipment order shall ship within 30-45 days after GameTlme's receipt and aCCleptance of your purchase order, color selections, approved submittals, and
receipt of deposit, if required.
Freight charges: Prepaid and added at time of invoicing.
Taxes: State and locel taxes, if applicable, will be edded at lime of invoicing unless a tax exempt certificate is provided at the time of order entry.
Receipt of goods: Customer shall receive, unload and Inspect goodS upon arrival, noting any discrepancies on the Delivery Receipt prior to wrlllen
acceptance of the shipment.
exclusions: Unless specifically Included. this quotation excludes aU &lie work and landscaping; removal of existing equipment; acceptance
of equipment and off-loading; storage of goods prior to Installation; equipment assembly and installation; safety surfacing; borders and
drainage provisions, slgnedlsealed engineering drawings, permits and any related fees.
Page 1 of2
Game'Jime@
GAMETIME
clo Dominica Recreation Products
P.O. Box 520700
Longwood, FL 32752-0700
Phone: (407)331-0101
Toll Free: (800)432-0162
Facsimile: (407)331-4720
Contact: Barry Lock
E-mail: barryl@gametime.com
GameTime Quotation
Enriching Childhood Through Play..
Date: 3/2/2006
Quote No.: 261406104
Pricing: 2006 Standard
City of Delray Beach
AUn: Mr. Joe Weldon, Dir. ofPks & Rec
For: Playground Option #3
50 NW 1st Avenue
Delray Beach, FL 33444
Ship to Zip: 33444
Telephone: (561)243-7251
Facsimile: (561)243-7268
QTY
1
34
1
1
1
4
1
2
ITEM
DRP
4860
PREP
EWF
161290
161292
28024
28009
DESCRIPTION
643-M Mountain Slide PrimeTime System
12"Playcurb Pkg-Blk
12" Excavation/Set Curbs to Grade
1152SF GTIMPAX Wood Fiber (12")
Geo- Textile 2250 Sq Ft Roll
Wear Mat 44/1X48"
Receptable WIDome Top Inground
6' PIS Bench W/Back Inground
Total weight:
Price Exl Price
25,262.00 $25.262.00
29.00 $986.00
1,440.00 $1,440.00
3,168.00 $3,168.00
372.00 $372.00
110.00 $440.00
415.00 $415.00
367.00 $734.00
1,046 Sub-total: $32,817.00
Discount ($7,216.73)
Installation: $5,946.84
Estimated Freight $2,482.71
Total: $34,029.82
- Pricing in accordance with Florida State Contract #65Q..001-04-1, with special promotional
pricing for #DRP643-M (discount includes system freight and installation) under DRP "5-Star Installation
Promotion".
- Pricing includes excavation of 32' x 36' site to allow sinking of PlayCurbs to grade to accommodate
12" of GTIMPAX wood fiber accessible safety surfacing with a layer of geotextlle underlay..
This quotation Is subject to poUeles In the current GameTlme Park and Playground Catalog and the fonowlng terms and canadians. Our quotation Is based on
shipment of all items at one time to a single deslinalion, unless noted, and changes are subject to price adjustment Purchases in excess of $1,000.00 to be
supported by your written purchase order made out to GameTlme, cia Dominica Recreation Products. KIndly issue one order for the equipment and a separate
order for surfacing and/or equipment Installallon services.
Pricing: f.o.b. factory, firm for 30 days from date of quotation.
Payment terms: payment In full, net 30 days subject to approval by GameTme Credit Manager. A 1.5% per month finance charge will be imposed on
all past due accounts. Equipment shall be Invoiced separately from other services and shall be payable In advance of those services and project
completion. Retainage not accepted.
Shipment: order &hell ship within 30-45 days after GameT/me's receipt and acceptance of your purchase order, color selections, approved submittals, and
receipt of deposit, if required.
Freight charges: Prepaid and added at lime of Invoicing.
Taxes: State and local taxes, if applicable, will be added at lime of invoicing unless a tax exempt cerlilicate is provided at the time of order entry.
Receipt of goods: Customer shall receive, unload and inspect goods upon arrival, noting any discrepancies on the Delivery Receipt prior to written
acceptance of the shipment.
exclusions: Unless specifically included, this quotation exdudes an site work and landscaping; removal of existing equipment; acceptance
of equipment and off-loading; storage of goods prior to installation; equipment assembly and installation; safety surfacing; borders and
drainage provisions, signed/sealed engineering drawings, permits or any related fees.
Page 1 of 2
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])ate: April 12, 2006
AGENDA ITEM NUMBER: ~\....:3
AGENI)A REQUEST
Request to be placed on:
_Consent Agenda -1LRegular Agenda _Workshop Agenda _Special Agenda
When: April 18, 2006
])escription of Agenda Item (who, what, where, how much): Request approval to
purchase Anchors Away, .Round Up and Mountain Slide playground equipment from
Gametime for Knowles Park, Currie Commons and Anchor Park for a total of
$100,268.03 to be funded out of account #380-4150-572-63.81. This price is
offered in accordance with Florida State Contract #650-001-04-1. Special
promotional pricing for these products includes free freight and equipment
installation and ends December 1, 2006.
])epartment Hea
Signature:
City Attorney R . ewlReconunendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available(t;:) No Initials: ~.
Account Number ~ D /'-11 D ~ 5/ Z. b '3 - 8' /
Description C)Ik,v/? (t..A K 5- C!/I-;! tV I 'c( c
Account Balance: lOS', t.G 0 . /) cJ
.
Funding Alternatives:
(if applicable)
City Manager Review:
Approved for Agenda: ~I No Initials: ~
Hold Until:
Agenda Coordinator Review:
Received:
MEMORANDUM
FROM:
David T. Harden, City Manager
Jacklyn Rooney, Purchasing Manager O;/l
Joseph Saffo~ance Director U
TO:
THROUGH:
DATE:
April 13, 2006
SUBJECT:
DOCUMENT AnON - CITY COMMISSION MEETING
APRIL 18, 2006 - PURCHASE AWARD
TO TANNER INDUSTRIES INC. FOR
PURCHASE OF ANHYDROUS AMMONIA
Item Before Commission:
The City Commission is requested to approve award to Tanner Industries for the purchase of
Anhydrous Ammonia for the Water Treatment Plant at an estimated annual cost of $28,000.
Background:
The City of Boynton Beach was the as the lead agency for this Co-op Bid. As stated on attached
letter dated February 13, 2006, the City of Boynton Beach cancelled this Co-op Bid for the
purchase of ammonia and will be purchasing the ammonia via the Palm Beach County's Bid.
The award by Palm Beach County was to Tanner Industries at a unit cost of $.38 per pound. See
attached letter dated February 13,2006.
Tanner Industries has agreed to extend to the City of Delray Beach this unit cost of $.38 per
pound as stated on attached letter dated March 17, 2006. This price would be valid for the period
of February 01,2006 thru December 08,2006.
The Manager of the Water Treatment Plant recommends award to Tanner Industries based on the
facts that Tanner Industries is the only vendor who has submitted pricing for ammonia, and they
have quoted to the City of Delray Beach the same unit price as quoted to Palm Beach County.
The City's annual usage is currently 73,600 lbs. at $.38 per lb. for the total amount of $28,000.
Recommendation:
Purchasing staff recommends award to Tanner Industries for the purchase of Anhydrous
Ammonia at an estimated annual cost of $28,000. Funding from account code 441-5122-536-
52.21.
Attachments:
Quote from Tanner Industries
Memo From Water Treatment Plant
Letter From City of Boynton Beach
'i5L~
The City of
Boynton Beach
(f7
\-
Procurement Services
100 E. Boynton Beach Boulevard
P. O. Box 310
Boynton Beflch, Florida 33425-0310
Telephone: (561) 742-6310
FAX: (561) 742-6316
February 13, 2006
RE: ANNUAL CO-OP FOR ANHYDROUS AMMONIA
BID#048-2821-05/CJD
To All participating Members of the Co-op:
Please be advised our Utility Department has cancelled the referenced bid. We will be piggy-
backing Palm Beach County's Bid# 06-034CB for $.38/lb.
Attached is a copy of Palm Beach County's bid if you are interested in piggy-backing it.
I am sorry for the delay as well as any inconvenience this may have caused you.
Sincerely,
~~
Mary Munro
Assistant to the Finance Director
C:
City of Belle Glade-
City of Boca Raton-
City of Delray Beach-
City of Lake Worth-
Palm Beach County -
City of Pompano Beach-
City of Riviera Beach-
Village of Tequesta -
Village of Wellington -
File
Mike Manaman
Marilyn Prater Rivers
Jackie Rooneyl
Robert Douglas
Cindy Brewer
Leeta Hardin
Bessie Brown
Roy Fallon
Jim Volkman
TANNER INDUSTRIES, INC.
735 DAVISVILLE ROAD, THIRD FLOOR
SOUTHAMPTON, PA 18966-3200
215-322-1238 FAX 215-322-7725
www.tannerind.com
March 17, 2006
Ms. Jackie Rooney
Purchasing Manager
City of Delray Beach
100 NW 1st Avenue
Delray Beach, FL 33444
via e-mail: roonev@ci.delrav-bch.D.us
via facsimile: 561-243-7166
Dear Ms. Rooney:
Per the request of our representative, Mr. Roger Luczak, we are pleased to supply the following
revised quotation for l.t.1. bulk quantities of MetaUurgical Grade Anhydrous Ammonia for
delivery to your facilities in Delray Beach, FL.
$.38 per pound delivered.
Minimum: 2,000 pounds.
Effective: February 1,2006 thru December 8,2006.
Terms: Net cash in 30 days.
Price includes 2 hours unloading time.
We appreciate the opportunity to quote on your business.
If you have any questions, or if we may be of further service, please call.
Very truly yours,
T~'ndustries,. '..nc.
. 0;1vU(f
Lisa nway
Sales Administrato
DIVISIONS
NATIONAL AMMONIA. BOWER AMMONIA AND CHEMICAL, NORTHEASTERN AMMONIA. HAMLER INDUSTRIES
Message
Page 1 of 1
Rooney, Jackie
From: Bullard, John
Sent: Tuesday, March 21,200610:21 AM
To: Rooney, Jackie
Cc: Ironside, Gillian
Subject: Anhydrous Ammonia Proposal
Jackie,
I am in agreement with the Tanner Industries, Inc. proposal for anhydrous ammonia. Our estimated annual
usage
currently is 73,600 Ib.'s which rounds off to $ 28,000. We have six months remaining so we would need a B.P.O.
for
$ 14,000. Thanks.
John
3/22/2006
AGENDA ITEM NUMBER:
~L,-\
AGENDA REQUEST
Request to be placed on: April 18, 2006
Date: April 13, 2006
xx Consent Agenda _ Special Agenda _ Workshop Agenda
Description of agenda item:
Approval for award to Tanner Industries for the purchase of Anhydrous Ammonia for the Water
Treatment Plant at an estimated annual cost of $28,000 per quote dated March 17, 2006.
ORDINANCE/RESOLUTION REQUIRED:
Draft Attached:
YES
YES
NO
NO
Recommendation:
Approve award to Tanner Industries for the purchase of Anhydrous Ammonia for the Water
Treatment Plant at an estimated annual cost of $28,000 per quote dated March 17, 2006 to
Purchasing.
Funding from account code 441-5122-536-52.21.
(For FY Budget 2006 and FY 2007 budget)
Department Head Signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all~involving expenditure offunds):
'.1 'J;t~
Funding available: .)(es. ( No
,--.
Funding alternatives:
Li t/ / ~<;12 Z -rsb_ C:;Z -(A
Account Description: (Y J~ C!..~ 5
9> / 2 7/ 9 ~8 .L ,r LA I
Account Balance: {.. I U . ~
(if applicable)
Account Number:
o r;-fofr-
City Manager Review:
Approved for agenda: @ tM- No
Hold Until:
Agenda Coordinator Review:
Received:
Action:
Approved
Disapproved
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 /l..../'
Richard C. Hasko, P.E., Environmental Services Director W
TO:
SUBJECT:
STANDBY GENERATOR PURCHASE
DATE:
April 14, 2006
As a result of the recent hurricane experience, we have identified the need for additional equipment to
enhance our first response capabilities. While we will be including additional portable generators in
our capital program requests this year, we can expand our current generator capacity cost effectively
by acquiring smaller units that will energize a lift station panel, maintaining radio telemetry service,
and run a single pump. This method of maintaining sewer service after a storm is sufficient for many
of our submersible lift stations and will allow a better distribution of our larger portable fleet to
higher priority facilities.
Attached is a quote from Americas Generators, Inc. for purchase of five (5) skid mounted sound
attenuated 16 KW generators in the amount of$45,539.90. This is a cost of$9,107.90 per unit. This
quote does not include shipping. Transportation of the units from Miami to Delray Beach will be
handled separately. Staff research of alternate vendors could not identify a similar unit that met our
specifications and requirements, therefore, this is considered a sole source purchase.
Funding for this purchase is available in Water & Sewer New Capital account #441-5161-536-64.90,
Other Machinery and Equipment, after transfer.
Please place this item on the April 18, 2006 agenda for consideration by Commission.
Cc: Victor Majtenyi, Construction Manager
Bob Bullard, Utility Maintenance Manager
3L6
City Of Delray Beach
Department of Environmental Services
M E M 0 RAN DUM
www.delrayesd.com
TO: RICHARD HASKO, DIRECTOR OF ENVIRONMENTAL SERVICES
FROM: ROBERT BULLARD, MANAGER OF MAINTENANCE
SUBJECT: 16 KW GENERATORS
DATE: APRIL 11,2006
Attached is a quote from American Generator Inc. for the purchase of five 16 kW portable skid
mounted generators. The original quote for one unit was $10,143.98. By purchasing five units at
once we are getting them for $9107.98 each, a savings of $1036.00 per unit. The cost does not
include freight do to the constant changing of freight charges due to fuel costs. These are located in
Miami so it is entirely possible for us to pick them up.
Documentl
.,
FRIl'1 : ~ FAX t-IJ. : 17045961020
~b IJ; ~l JIt,w'
~~t ~ Kmerlcas Generators, Inc.
1\"': A~""":"'''~ 8511 N.W. 61st Street
I mentaS Miami. FL 33166
~ors (305) 592-6800 FAX. (305) 592.-5900
Apr. 11 2006 09: 5ER1 Pl/1
QUOTE
cuaU: 1.QZ9I
~~TO: City of 0e1,.IY Beach W.Will1lm
434 S Sw1nton Ave
De1ray Beach. Fl 33444
~~~: Mitt Passanese
CORRlllIlONOfNCE TO: AlleM ta5 Generators
8511 HV 61 st St
"161. FL 33166
Tel 3055926800
IlU. TOI Cit, of Delrey Belch W Wi 111u
434 S $wi nton Ave
DelrlY Beaen. FL 33444
T4I1 5612437306
Fax 561-243.7344
~~~~t?~~~1$~~~J.~~~;~~~~~'l!~~:~~'~~E~;~~~~~:~~~a' .~~Fj~~~~~f1~~E~~~~t~5~~6%:~~.
H Passllnese cell 561 213 6477 Hia..1
~~~~~~:~~~~!~:~=~~~t:~~~~~~;~~:~~~~~; ,~:~~!~~~t:;::.~~:;u~'~~;:~1f!i ~!~:?:2~1fiQMfillgt:~~~;-!di;~
~r1cas ~er.tors Pre P~i9
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2 5 999.95
4 5 3~.%
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6 5 0.00
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"
.Hi;:JiiCTi:i.~IE!:.::ftiii:::'eft~s....:.:.:.:~~..:.R~kiilft)i!~ii!:.:'...~~nES........:.~.:AU ORDERS l;!'A&N:ON...:!ift-::-,O" R TO SHIPPING
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Last Plge
.. 16 kW Mitsubishi Sound Attenuated Fully Packaged Diesel Generator Set
Page 1 of2
[HQJ::!J~] (P_rQ.Q!.l~ttlJ.ge~)
16 kW Mitsubishi Sound Attenuated Fully Packaged
Diesel Generator Set
SKU 553004
. New
. 2 Year / 1,500 Hours Factory
Warranty (Whichever comes first)
. Battery Charging Alternator
. Digital Control Panel
. Factory Loadbank Tested
. Mainline Circuit Breaker
. Sound Attenuated Weatherproof
Enclosure
. Spring Mounted Vibration Isolators
. Dimensions (L x W x H - height does
not include muffler): 69" x 28" x 48"
. 16 KW
. Weight (Pounds): 1322
. 8 Hour Base Mounted Fuel Tank
. Diesel
. Critical Muffler
. Single and 3 Phase Available
. Reconnectable
. Battery Rack and Cables (Batteries
Not Included)
. Includes
Three Phase available for additional fee
of $345
Options:
- 12 V Mitsubishi Battery Charger for Nexys
Add $299.00
- Mitsubishi Genservice 500 (Filter Kit for
500 Hours) Add $82.99
- Three Phase available for additional
fee of $345
- Optional 2 Year or 1000 Hour Extended
Warranty: Add $255.00
Specifications may vary. Confirm full specs prior to
ordering.
Accessories for Generators
Algae-X Fuel Conditioner/Filters
FOB Miami
In Stock
Available for Immediate Delivery
$9,499.00
800-424-0007 or 305-592-
6800
Low Lease Rates Available
Extend the warranty to 5 years for $999
Download More Information
16kW Mitsubishi Generator Set Drawing.pdf
File Size: 123.8 kb
16kW Mitsubishi Single Phase.pdf
File Size: 585.916 kb
16kW_MitsubisblTbree.. Phase.pdf
File Size: 572.575 kb
M126 Enclosure Drawing.pdf
http://www.gopower.com/prod/ generators 16kwmitsubishisoundattenuatedfullvoackaQedd... 3/1 S1200fl
FROM
FAX NO. :17045961020
Apr. 14 2006 11:16AM P4/7
GENERAL SALES CONDITIONS
PREAMBLE
"Genef1'llJ conditions of !iaJe" is part of the SALJ;S AGREEMENT between AMERICAS
GENERATORS, INC. and the BUYER. AMERICAS GENERATORS and ,the BUYER are respectively'
referred to as the "Seller" and the "Suyer".
The present General ConditIons constitutE! the, entira and exclusive agreement between the parties
relatIng to the specific mattsrs covered by ~e present General Conditions and eacn and every further
order. '
All prior I4Ir contemporaneous. verbal or written agreements, understandings, representations andlor
practices relative to the foregoIng are hereby ~upElrseded, revoked and rendered ineffeCtive for any
purpose.
The present General Conditions may be altered, amended or revoked only by an instrument in writing
signed by eacn party hereto and specifically referring to this section; no language on a party's pre-
printed forms shall amend, modify, control or otnerwise affect the present General Conditions. No
verbal agreement or implied covenant shall be held to vary the telTns hereof, any statute, law Or
custom to the contrary notwJthstandfng.
Article 1~ ORDERS, PRICES AND OTHER OONDIT10NS
1.1 Orders placed by Buyer are. subject to acceptance in' writing by Seller, which oan to the extent
permitted by law refuse any order or accept It in whole or in part. Acceptance of ord~rs is based
on the expressccndition that Buyer accepts to all of the present General, Conditions.
1.2 Unless otherwise agreed by Seller in writing, product specifications as to weight, dimension.
oapecJty. output and other matters are indlcatlve only and are not contractually binding. .
SeUer can make any modificatIons to the product specifications' it deems useful, in particularto
attain technJcaJ or other characteristJcs of the products. .
1.3 Unless stipulated in writing by Seller, the sale of products does not include the supply of plans .
and documents, and any planl5 or documents relating to the prOducts which are communicatsd
to 8uyer remaln the property of Seller and must be returned on simple demand.
1.S The sales price does not include any technical assistance of Seller in connection wIth 'the
prodUcts in particular in respect of their installation, use or repair. Any technical assi3tance
fumlshed by Seller to Suyer will be subJect to Seller's pricss and conditions then In effect
1.4 In the event of any contradictIon between contractual doCuments for the same job, the Seller's
obfigations shalt be detlned exhaustively by the followlng,docurnenls, !hlilIEl~ter being listed in
decreasing order of Importance:
1. The acknowledgement of receipt of order
2. The text of the order
3. The quotation submitted to tJ1e Buyer for acceptance
4. These general conditions of sale.
r:i:"
ArtlcJe 2. DELJVERY -FORCE MAJEURE
2.1 All delIvery dates are Indicative only. Seller will not be l18ble fer any delay In delivery and
aoceptance by Buyer of any products shall oonstltuht a waiver by Buyer of any claim for
damages on account of any delay In delivery of such products.
2.2 . Seller will not be responsible for the consequences of cases of force majeure or any event
unintended by Seller, Including but not limited to 'Nilr and declared or undedared hostilIties.
terrorist acts, riots , strikes or concerted work stoppages, fires. floods or other natural disasters,
contamJnatlon by radioactivity or toxic, dangerous or polluting substances, equipment
malfunctIon, Insutflciencie5 crt 8ubcorrtracto1'3 or suppliers or public service dl15ruptlQ118,
Article 3- PAYMENT
3.1 Unless othelWlsl!l agreed by Seller:
a) The priC8 of any order accepted by Seller will be fully paid by Buyer prior to shipment.
FROM
FAX NO. :17045961020
Apr. 14 2006 11:16AM P5/7
3.2. In the event of bankruptcy or insolvency of Buyer, or In the ellent of any proceeding brought
against Buyer. voluntarily or Involuntarily, under brankruptcy or any insolvency laws, Seiler shall
be entItled to cancer any order ther' outstandIng at eny tIme and shall receive reimbursement
For its reasonable and propser cancaHation charges.
3.3 In addition. if Buyer does not fully pay any amount at ttle date payment was to be made, Suyer
must reimbur:se Seller for all expenses it incurs for protection of its rfghts. Including attorney
fees and expenses incurred prior to and alter filing of any legal action_
3,4 The goods being sold will remaIn the property of Seller until full payment of all amounts to.
SeHer notwithstanding prior transfer to Buyer of risks of loss. liability or other rlska relating to
the goods_ .
At SeHer's request, Buyer will sign any document and carry out any act necessary or useful to
perfect or protect SeHer's rights, including but not limited to any document provided for Ihis
purpo~e by the Uniform Commercial Code or: any other legislation In effect in the territory of
8uyer's activity.
ArtIcle 4 - eXPENSES, TAXES, TARIFFS AND REGULATIONS
4~1" Unless otherwIse. expressly agreed betweef! the parllas, all expenses, taxes and terl'Frs of any
nature Imposed now or hereafter It!. respoct or tl10 sar~), Imp or I. de/lvery or use of the products
will be assumed by Buyer and are not included in the sales prices.
4.2 Buyer will be responsible in ;all circumstances for complying with all applicable laws and
regulations concerning the importation and use of th~ products.
Article 5. - WARRANTY
~. ~.
S-1 Oefacts covered by warranty
a) Generators and Equipment:
a. The Seller undertakes to remedy any operating f:ault resulting from a defect in design,
materials or workmanship (Including assembly [f thIs operation is entrusted to him); within
tile limIt of the provisions below. The SeUer's obligation does not apply in the case of a
fault resulting from materials supplied by the Buyer or from a design imposed by the
latter.
b. Any warranty Is also excluded for any replacements or repairs which may result from
normal wear and tear of the material, from damage or from accIdents arising out of
negligence. lack of supervision or of malntenanoe, from defective use of tl1is material and
for defective part(s) it not supplied by the Selier.
c; The Seller provides the warranty on his prodUCts directly or throu~h his approved agents
and distributors.
.d. The warranty covers onJy the initial Buyer and cannot be transferred to a third party
without the Seller's prior written agreement.
a. The fOllowing i$ not covered by warranty:.
L Normal engine wear, routine maintenance, maintenance parts. adjustmenns and
perlodJc service.
ii. Damage due to accidents, improper inatallatlcn or handling. faulty repairs.
improper storage, and/or transportation.
iii. Damage due to operation with improper fuel or at speeds, loads, conditIons.
modifications. or installation contrary to manufacturers published specifications or
racommendatlon8.
lv, Damage due 10 negligent maintenance, Including but not limited to:
1. Failure to provide proper and sufflcien( I~brication oil
2 Failure to I<eep all' intake and coaling fin a",as clean
3. Failure to properly service air cleaner
4. Use of non~factory slJPp/ied or approved parts or procedures
5. Failure to perform scheduled mainten811co as prescribed by original
manufactUr'Br
6. Failure to provide sufficient coolant and/or cooling air
v. Original Installation and start-up c~
vt. StartIng batteries and maintenance items such as fuse:5. lampa, fllter, clamps. ate
vii. Rental of squipmeot during warranty repairs
viii. Fuel. oil. coolant. and antifreeze
FROM
FAX NO. :17045961020
Apr. 14 2006 11:17AM P6/7
Ix. Shop supplies, such as adhesives, solVents, rags, etc.
x. Expenses incurred Jnvestigatlng performance complaints
xi. Damage due. to lightning. tire, wind, rain or any other acts of God
5.2 Warranty period .
1) 8rand New Equipment:
a) , 2 months (unless other.vlse st:!lted) from when the materlal is put Into service.
b) Or 18 months from when the material leaves th~ factory
c) Or 500 hours' operation for .standby. duty material
d) whicMver ocet.!r9 tlrst.
2} Surplus Equipment:
a) As is $iated and given by the original manufacturer
b) Any statements given by Seller on surplus equipment is only as represented by the .
orlglnal manufacturer.
c) Buyer must contact Original manufacturer for any and all warranty Issues.
J) Used Equipment
a) Major Parts- Failure Warranty only for. .
i}3 months from date of shipment or 500 hours, whichever occurs first.
II) Maxll)1utll amount of caverage Is 5% of purchase price of equIpment.
b) Far a list of parts covered. ploase inquire.
c) Replacement of parts i$ at Seller's option and will be furnIshed If the product Is found
to be properly installed, maIntained. and operated In accordance with Industry
standards. This warranty does not apply to malfunctions caUBed by damage,
unreasonable use, misuse, misapplication, repair, or unauthorized persons, or normal
weer and tear.
,
. .....~
"'.:
Parts repaired or replaced are guaranteed without extending the initial w.arranty on .these or other
components.
a.3 Buyer's obligatlon$ .
In order to be covered by the warranty, the Buyer MUST DO THE FOLLOWING:
a) Certified Installation and Warranty Start-up
a. Buyer i$ required to have a service technician to ensure your Equipment is
properly instaUed, start-up, and main~ined. .
b. All Generators, Accassories, and Automatic Transfer SWitch's must be installed by
, Factory Certified Technician.
c. Upon completion of the installation a Warranty start~up must ~Iso be completed with
all documentation properly submitted by a Factory Certified Technician.
b) send a putllng~fnto-service report to the Seller as soori as this has been done
c) ensure that the fuel, lubrtcants and coolant and/or water used for Its preparation are at
good quality, clean and comply with the engine manufacturer's specifications
d) keep up-to~da(e a maintenance book In wI1ich he ent~ the date, content and results of
tests, visual inspectIons, routine maintenance work and maintenance work together with
any comments and findings conclJming any operating anomalIes
e) advise the Seifer. without delay and In writing, of the faults which he attrlbute910 the
material and 15Upply any proof as regards the existencs of the faults. He must give the
seller every facility for !leeing these faults for himself mnd for remedying them. He must,
furtherTTlore, refrain, unless he has the Seifer's express agreement. from doing the repelr
himself or having it done by a third party.
5.4 Application of the warranty
It Is up to the Seller thus advised to remedy the fault diligently and at his expense, the !Seller
reserving the right to modify if necessary the devices in the material so as to meet his
obligations.
The work resulfing from the warranty obligation is camed out In principle in the seller's
workshops after the Buyer has sent back to him the materlal or the defectiVE! parts 0" simple
request of the Seller fur the purpose of inspectlql then repair or replacement.
Neverthele::ls, in the event that. bearing in mlnd the nature oftl'le material, the repair has to be.
done Qn the Installation site, the Seller Is responsible for the labor cests corresponding to
Inspection and repair. excluding the tlme spent in preliminary work or in dismantling and
FROM
FAX NO. :17045961020
Apr. 14 2006 11:17AM P7/7
refitting operations made necessary by the operating or installation condItIons of this material
and conceming elements not included in the supply concerned.
The cost oT transporting the material. or lhe defective parts as well as the cost of returning the
repaired or replaced material or parts are bome by the Buyer as well as, in the event of repair
on the installatIon site, the traveling and subsistence expenses of the seller's agents.
The warranty Is granted only after inspection of the defectlve parts and their return to the
seller's workShOps. Any part deHvered prior to acceptance of the warranty will be invoJr~ed.
Part!; rep/acad under warranty become the seller's property again.
5.5 SEl.LER GIVES NO OTHER WARRANTY OR GUARANTEE, NEITHER EXPRESS NOR
IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTAB/LI1Y
OR FITNESS FOR A PARTICULAR PURPOSE_
5.6 If Buyer re$ells the products sold to him by Seller, Buyer will cause the terms at pSl'agraph$
5.1 through 5.5 to apply to the reesJe, witttout reservation. If Swer falls to do so It will
IndemnIty SeHer accordIngly in respect of all expenses, claims or damages in connection with
liability refClted to the products beyondlhe liability stipulated in I$uch'paragraphs..
Article a EXCLUSION OF UABJUTY
THE SELLER SHALL NOT IN ANY CIRCUMSTANCES HAVE ANY UABILITYWHATSOEVER TO
THE BUYER FOR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE ARISING OUT OF
OR IN CONNECTION WITH ANY BREACH OR. NON PERFORMANCE OF THIS AGREEMENT OR
OF ANY ORDER FOR THE SALE OF PRODUCTS ON THE PART OF THE SELLER NOR SHALL
THE SELLER HAVE ANY LJAB/UTY TO THE BUYER FOR ANY INDIRECT OR CONSEQUENTIAL
LOSS RESULTING FROM ANY TORT, INCLUDING WITHOUT LIMITATION NEGLIGENCE OR
MISREPRESENTATION ON THE PART OF THE SEUER,/TS EMPLOYEES OR A~ENTS IN ANY
WA Y RELATED TO THE SUPPLY BY THE SELLER OF PRODUCTS UNDER THIS AGREEMENT
OR ANY ORDER_
IN CASE OF THIRD PARTY CLAIM, THE BUYER SHALL INDEMNIFY ANO HOLD HARMLESS THE
SELLER AGAINST ALL COSTS, EXPENSES, LOSS OR DAMAGE INCURREO OR SUF'FERED BY
THE SELLER AS A RESULT OF OR ARISING OUT THE IMPLEMENTATION OF THE. RELATED
ORDER.
':}'.
Article 10 SEVERABILITY
If anyone or more of the provisions of the present General COnditions and/or of any related order
shaH be held to be InvaJld, Illegal or unentorceable. the validity, legalIty or enforceabUity of the
remaJning provlslonlS hereof shall not in any way be affected or impaired thereby. To the extent
permitted by applIcable law, each party waives any provision of law which renders any provision
hereof Invalid. !IIegaJ or unenforceable In any respect. In the event any provision of the present
General Conditions and/or of F.lny related order shall be held to be invalid, illegal or unenforceable the
parties shall use their best efforts to substitute a valid. legal and enforceable provision whioh, Insofar
alS practical. Implements the purposes hereof.
Article 11 APPWCABLE LAW AND JURISDICTION
This agreement shall be governed liUld construed in accordance wIth the laws of the State of Florida,
without giving effect to Its conflict of law rules, and with the 1980 VIenna Convention In respect to
Contracts for the International Sale of Goods.
In the event of any litigation between thB Parties to this Agreement, based In whole or in part upon
claims arising aut of or relating to this Agreement, based In whole or in part upon ciaill1l!i arisIng out of
or relatIng to this Agreement. the parties hereby exclusiyely designate and consent to 1tIe exclusive
jurisdiction and venue of the State and Federal Courts located in Miami, Florida.
The partIes further expressly agree that they hereby waive the right to trial by jury.
AGENDA ITEM NUMBER: ~~
AGENDA REQUEST
DMe: April 14,2006
Request to be placed on:
x
Regular Agenda
Special Agenda
Workshop Agenda
When:
April 18, 2006
Description of agenda item:
Staff request Commission approval of the purchase of five (5) 16 KW skid mounted generators for use
during hurricane response and recovery in the City's utility system. These small generators will cost
effectively provide adequate operational levels for many smaller lift stations, allowing more efficient
distribution of larger portable generators. The attached quote for this purchase is from Americas Generators
in the amount of $45,539.90 ($9,107.90 per unit). This is the sole vendor that provided equipment meeting
requirements and specifications for these units. Funding is available in Water & Sewer New Capital account
#441-5161-536-64.90, Other Machinery & Equipment, after transfer.
ORDINANCE/RESOLUTION REQUIRED:
Draft of Resolution Attached:
YES
YES
NO
NO
x
X
Recommendation:
Staff recommends approval of purchase.
Department Head Signature:
Determination of Consistency with Comprehensive Plan:
City Attorney ReviewIRecommendation (if applicable):
Budget Director Review
(required on all items involving expenditure of funds):
Funding available: r~
,:':7
1J:;t..
No
Funding alternatives (if applicable):
Account Number:
L/:~ / ~ ~) ~ / ~ ~ :;:;~. L l/-- ?i)
()-J/1LY i'1o..d,u /ltr ~ cV Ej ajprrU-A-
$ ~~ b ()cJ qj 4...z -fr~Sp"--
Account Description:
Account Balance:
City Manager Review:
Approved for Agenda:
@
a4
No
Hold Until:
Agenda Coordinator Review:
Received:
Action:
Approved:
Disapproved:
P.O. #
AGENDA ITEM NUMBER:
[ITY DF DElRAY BEA[H
FIRE-RESCUE DEPARTMENT
SERVING DELRAY BEACH . GULF STREAM · HIGHLAND BEACH
DELRAY BEACH
~
All-America City
, III I!
I 993M E MORA N DUM
200t
TO: David T. Harden, City Manager
FROM: Kerry B. Koen, Fire Chief
DATE: April 13, 2006
SUBJECT: Purchase of Dispatch and Fire Station Alerting Equipment
The Fire-Rescue Department was awarded a Fire Act Grant in the amount of$83,199.00
during the Month of November 2005, to replace our current dispatch tone alert equipment. This
grant application was approved by the City Commission at their meeting on April 5, 2005 with a
City match of $20,799.00, with a total estimated cost for the equipment and installation
identified at $103,998.00.
Weare now seeking approval to enter into an agreement with DCR Engineering Services,
Inc. to purchase and install this equipment in our six Fire-Rescue Stations and the
Communications Center. The total cost to purchase and install the equipment is $102,712.55, as
shown in the attached proposal. We selected this equipment because it is fully compatible with
the existing radio equipment at the Communications Center and our Fire-Rescue Stations, and it
operates over existing radio frequencies. DCR Engineering Services is the designated Motorola
contractor in this area and they have been directly involved in the design of this equipment
package. Motorola initially served as the prime contractor and vendor for our current Police/Fire
Radio system. Equipment compatibility with the radio system is essential in this public safety
application.
An Agenda Request and a copy of the vendor's proposal are included for your review and
consideration. Thank you for your attention in this matter.
l(~D
Kerry B. Koen
Fire Chief
L
~
FIRE-RESCUE DEPARTMENT HEADOUARTERS. 501 WEST ATLANTIC AVENUE. DELRAY BEACH, FLORIDA 33444-2555
(561) 2437400. FAX (561) 243-7461
Printed on Recycied Paper
~L.to
-...
Dc a Engineering
_ n Services, Inc.
P.O. Box 935
502 County Road 640 East
Mulberry, Florida 33860
Telephone 863.428.8080
Fax 863.428.8036
March 31, 2006
Mike Twigger, Lieutenant
Emergency Medical Services
Fire-Rescue Department
501 West Atlantic Avenue
Delray Beach, FL 33444
Subject: Motorola MOSCAD Fire Station Alerting System
Lt. Twigger:
We are pleased to provide this proposal for a complete turnkey Fire Station Alerting system.
This proposal includes all hardware, software, licensing, programming, configuration, installation
and startup services to provide remote alerting and signaling for six (6) of the City's fire stations.
Any unused existing equipment will be removed and returned to the City. A detailed scope of
supply and pricing follows:
SCOPE OF SUPPLY
1 At each of the six (6) fire stations:
1.1 Furnish and Install one Motorola MOSCAD-L Remote Telemetry Unit (RTU):
1.1.1 F6809 Motorola MOSCAD-L CPU
1.1.2 Three Module Backplane
1.1.3 External Radio Interface
1.1.4 Rackmount Configuration
1.1.5 115VAC 8amp Power Supply/Charger
1.1.6 5ah battery backup
1.1.7 One MCS2000 800MHz Trunked Radio for MOSCAD Data
1.1.8 External dome mount antenna, cabling and connectors
1.1.9 Analog interface for the existing Astro Radios for PA
1.1.10 One 16 Digital Input Module
1.1.11 One 8 Relay Digital Output Module
1.1.12 One ACT (Alarm Control and Tone) Module
1.2 Furnish and install a 750 VA Rackmount Online UPS, 120 VAC
1.3 Furnish and Install a 24"x24"x 36" Rack Enclosure
1.3.1 Wall Mount
1.3.2 Smoked Plexi-glass front door
1.3.3 Swing out cabinet
1.3.4 Locks keyed alike
1.4 Furnish and Install a new audio system
1.4.1 100 watt amplifier 70V with volume control
1.4.2 Replacement of engine bay speakers with four new speakers
1.4.3 Removal of the existing bay horn
1.4.4 Connection of ACT and Voice radios to the new amplifier.
1.5 Auxiliary Lighting
1.5.1 Dual fixture red LED map lighting with 24VDC remote control
www.dcreng.com
@ MDSCAD™
--..
C :\DCRICustomers\Delray BeachIFire RescuelProposal - 3-31-06 Delray Beach fSAdoc
DCll"~""
_ -.r"..., hIt:.
March 31,2006
Page 2 of 3
1.5.2 DC relay lighting control
1.6 Software and programming services
1.6.1 Software application licenses
1.6.2 Programming and configuration of the MOSCAD-L RTU fire station
alerting
1.6.3 Programming and configuration of the Alarm and Control Tone (ACT)
module, an audio tone alert and public address audio.
1.6.4 Startup and checkout services
2 Dispatch
2.1 Furnish and Install one Motorola MOSCAD Field Interface Unit (FlU):
2.1.1 F6809 Motorola MOSCAD-L CPU
2.1.2 Module Backplane
2.1.3 External Radio Interface
2.1.4 Rackmount Configuration
2.1.5 115VAC 8amp Power Supply/Charger
2.1.6 5ah battery backup
2.1.7 One MCS2000 800M Hz Trunked Radio for MOSCAD Data
2.1.8 External dome mount antenna, cabling and connectors
2.1.9 One 16 Digital Input Module (optional 60 DI Module)
2.1.10 One 16 Relay Digital Output Module
2.2 Furnish and Install Centracom Hardware (by Motorola FSO Direct)
2.2.1 Two 16 Digital Modules
2.2.2 Centracom configuration
2.2.3 One year warranty and maintenance
3 Startup & Checkout of the Fire Station Alerting system.
4 Two year hardware warranty and lifetime DCR Supplied software warranty.
SCHEDULE
DCR can begin delivery of the RTUs within twelve weeks of the receipt of a written purchase
order.
PRICING
DCR Engineering Services, Inc. is pleased to provide these professional services for a total of
$102,712.55 based on six fire stations at $ 13,356.88 each and $22,571.27 for dispatch control
equipment, services and warranties.
Invoicing will be monthly based materials received and efforts expended with payment due net
30 days. This proposal is valid for 60 days from the above date.
www.dcreng.com
@ MCJSCAD-
--..
C:IDCR\CustomerslDelray BeachIFire Rescue\Proposal - 3-31-06 Delray Beach FSAdoc
DCIl ..........
_ ..,.".,.., 111#:.
March 31, 2006
Page 3 of 3
Thank you for the opportunity to provide you with these services. We look forward to working
with the Delray Beach Fire-Rescue Department. Please feel free to contact me if you have any
questions.
Sincerely,
{],J..~
Clark Crain
Sales Manager
DCR Engineering Services, Inc.
(561) 436-3741
ccrain~dcrena.com
cc: File
www.dcreng.com
@ MOSCAD""
-.-..
C:\DCR\CUSlomerslDelray BeochIFire Rescue\Proposal - 3-31-06 Delray Beach FSA.doc
Date: 4/13/06
AGENDA ITEM NUMBER:
~'-\D
AGENDA REOUEST
Request to be placed on:
~ Consent Agenda _ Regular Agenda _ Workshop Agenda _ Special Agenda
When: 4/18/06
Description of agenda item (who, what, where, how much):
Approval of contract with DCR Engineering Services Inc. in the amount of $102.712.55 to supply
and install a replacement Fire Station Alerting System. Funding is available in Accounts 'N,"",. 8Q.l
6-111 Sl~ ~983 and 334-6112-526-6455.
Department Head
Signature:
re~'~
""
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: @ No Initials: ~
, --
Account Number 33l./-t/f 2 -52? .Iot/./S-S
{tIT- ~ h-h ~ .AJ if -f.. ~ ~~,h'V
Account Balance: g I () 31 9C;g R6~ !.-lid LjltLr atf~6rtJ-~ +v ~ !12o,799
[1{)$tL. ~{.L-
(if applicable)
Description
Funding Alternatives:
City Manager Review:
Approved for Agenda: @/ No Initials: lJ!C1
Hold Until:
Agenda Coordinator Review:
Received:
MEMORANDUM
TO:
FROM:
THROUGH:
DATE:
David Harden, City Manager
Patsy Nadal,~
Joseph Safford, mance Director
4/14/2006
SUBJECT:
DOCUMENTATION -CITY COMMISSION MEETING
APRIL 18, 2006 - SIGN REPLACEMENT MATERIAL
DUE TO HURRICANE WILMA
Item Before Commission:
The City Commission is requested to approve the purchase of sign posts, aluminum sign blanks
and reflective material for sign fabrication as replacement stock for the City's sign shop in the
total of $43,651.73 as quoted from Universal Sign & Accessories in the amount of $20,602.00
and 3M Traffic Safety in the amount of $22,959.73. Delivery charges not included in quoted
price. The City will apply for FEMA reimbursement for this purchase.
Bacuround:
Following Hurricane Wilma over 75% of all City street signs, infonnation signs, and directional
signs were damaged or destroyed. The City immediately replaced destroyed or missing signage
throughout the City using the on hand stock, rather than waiting to process orders, shipping and
producing the signage. This was a great advantage for the Citizens and for the many out of state
personnel that arrived here to help with the cleanup and restoration of the damaged areas.
Ouotes:
$20602.00
$25,919.00
$26,074.40
03/06/2006
03/09/2006
03/02/2006
Osceola Contract #OS-412-TM-E iration 02/21/2007
$22,959.73 03/06/2006
Recommendation:
Staff recommends the purchase of reflective material, aluminum blanks and sign posts as
replacement stock for the City's sign shop form Universal Sings and 3M Traffic Safety System
in the amount of$43,651.73.
Funding from account code: #001-3141-541-52.20.
Attachments:
Vendor Quotes as Listed
3M Award Notification, Dated 01/11/2006
00: Jackie Rooney, Purc:basiDg Manager ~
~;5J
~L,~
'f jJ/06/2006 08:59 772-461-0669
UNIVERSAL SIGNS
PAGE 02
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PAGE 01
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2912 ORANGE AVEJlUE
FORT PIERCE, FL 34947
tteL€~tt9S 88:;1 gl~tlee/Ea
FROM : HTP
FAX NO. : 2519713155
Mar. 09 2006 10:48AM P1
HTP
HANSON TRAFFIC PRODUCTS, INC.
24065 Bay View Drive West
Foley, AL 36535
866/971-3155 Toll Free Telephone
251/971-3155 Fax
e-mail: terrvhanson@gulftel.com
Quotation
l-t; O/< tAtVDJ)
11-f Arv'K yo J F6;<. r- HE.
oftfi.~;iy 1, (1Ht:JE
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Total Pages: 1 \' .<'j (,3vL-A- T /0'''>.,..1 t-/J':,.v
Hello Orlando, C Q Vl4()L~ryt..
We are pleased to quote on the following: ( TH-4 rJt(J,I
=':::'='::g'~'~'~'::'::~:='::~~:~~~'~::~:'I'fs:~~:~"".......~
100 each - .080 X 24" X 48" afodized aluminum blanks @ $19.22 each
600 each -12' - 2" X 212 square galvanized posts @ $27.60 each
100 each - 10' - 1.75" X 1.75" square galvanized posts @ $19.11 each
To: Orlando Serrano
City of Delray Beach, FL
Fax #: 561/243--7314
From: Terry Hanson
Sales Manager
Date: 09 March 2006
Total $25,919.00
F.O.B. Defray Beach, Fl
Terms: Net 30 Days
Thank You!
~l~
03/03/2006 09:36
2392624645
MUNICIPAL SUP.& SIGN
PAGE 02
.
,
QUOTE
., ':7
'. .._.7
MUNICIPAL SUPPLY & SIGN CO.
.
109S STH AVE NOR.TH
P.O. BOX 1785
NAPLES, FL. 34106-1765
TEL= 800-329-5366 OR (239) 262-4e39
F~:(239)262-4e45
E-mail: sales@municipalsigns.com
WEB SITE: WWIN.municipalsigns.com
FROM: SEISON JOHNSON
DilIte: 312106
Customer: DELRAY 8CH
ATTN:ORLANDO
PO#:
TEL:561-243-07314
FAX:561 ~279-8345
Job Description:
We are pleased to submit the following cost estimate
QUANTITY DESCRIPTION ~ PRICE TOTAL
600 30" X B" X .oao GA ALUM ST NAME BLANKS 4.90 2940.00
RADIUS CORNERS STD HOLES (1 TOP & BOTTOM CENTERED)
600 36" X 81t X .080 GA ALUM 8T NAME BLANKS 5.BS 3510.00
RADIUS CORNERS STD HOLES (1TOP & BOTTOM CENTERED)
100 24" X 48" X .080 GA ALUM SIGN BLANKS 22.51 2251.00
RADIUS CORNERS STD HOLES :
ORLANDO,
HERE IS THE OTHER NEW QUOTE THAT YOU REQUESTED.
THE AVAILABILITY TIME IS 7 DAYS. IF YOU SHOULD HAVE
ANY QUESTIONS PLEASE CALL.
THANK YOU
BElSON
Materials Total 8701.00
0.00% Sales Tax On Materials Total:
1 Freight
Note; Prices shown are for quantities and
items shown, Prices are good for 30 days.
Materials Total 8701.00
Freight Total
Tax & Freight Total
Quot. Total
0.00
0.00
8701.00
1'7 3 .1D
,
\()~",- ~d--~I ot'T. +d>
03/03/2006 09:36
2392624645
MUNICIPAL SUP.& SIGN
PAGE 01
QUOTE
....
P'
.-'
MUNICIPAL SUPPLY & SIGN CO.
"
1095 5TH AVE NORTH
P.O. BOX 1765
NAPLES, FL. 34106-1765
TEL: 800-.329-5366 OR (239) 262-4639
FAX: (239) 262-4645
E~mail: sales@municipalsigns.com
WEBSITE: \WNI.municipalsigns.com
FROM: SEISON JOHNSON
Date: 3I2J06
Customer: DELRAY SCH
ATTN:OFUANDO
PO#:
TEl:561-243-7314
FAX:5S1-279-6345
Job Description:
We ere pleased to submit the following oost estimate
..-.-.---.-.-.---
'-'--'-'-'
QUANTITY DESCRIPTION PRICE TOTAL
600 SQGALV12P14G: 12' 2" X 2" SQ GALV POST 26.30 15780.00
14 GAUGE PERFORATED HOLES 4 SIDES
88 SQGAl10P13/4; 10' X 1 3/4" sa GALV POST 17.80 1588.40
14 GAUGE PERFORATED HOLES 4 SIDES
ORLANDO,
HERE IS THE NEW QUOTE THAT YOU REQUESTED. ALL
THESE ITEMS ARE IN STOCK AND COULD SHIP IMMEDIATELY.
DO YOU NEED THESE TO GO FLAT BED ONLY???
ANY QUESTIONS PLEASE CALL. HOPE TO HEAR FROM YOU
SOONI THANK YOU
SEISON
Materials Total 17346.40
r O.OO%ISl!Iles Tax on Materials Total: Materials Total 1 17346.40 0.00
r 1 I Freight Freight Totall
Note: Prices shown are for quantities and Tax & FreIght Total 0.00
items shown. Prices are good for 30 days. Quote Total 17346.40
.~): "
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3M
3M Traffic Safety Systems Division
3M Center Building 22S-SS-OS
P.O. Box 33225
Return Home
st. Paul, MN 55133-3225
FAX! 651-737-9644
Toll Free 1-800/553-1380 Proll'Jpt 2
j~
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.~~! '
Quotiltion Number: 6C01507TC
Quotation Date: Mar 9, 2006
Terms:
P.0.8: See Below
Delivery Time: Contact your CSR
To: OlY OF DELRAY BEACH
(GPZ2005)
100 NW 1ST AVE
OELRAY BEACH, FL 33444-2612
Attn: ORLANDO SERRANO
. F.x: 561~243-7314
Phone: 561-243-7115
from; SHERRY SMISEK
Phone, 800-553-1380
FL STATE CONTRACT EXPIRED
PER 3M-OFFERING PRICES PER
OSCEOLA COUNTY CONTRACT
##05-412- TM - EXPIRES 2/21/07
Unit Price Ext. Price
$210.81 $632.43
$289.88 $1,739.28
$281.25 $1,406.25
$186.25 $7,450.00
$281.25 $281.25
$225.00 $450,00
$281.25 $1,125.00
$337.50 $337.50
$225.00 $1,800.00
$281.25 $2,250.00
$337.50 $1,687.50
$S5S.75 $2,235.00
$11.86 $284.64
$17.79 $426.96
$71.16 $853.92
Total: $22r959.73
r- F.O.B: Shipping Point. PAlight ch8rges via cheapest method prepaid and allowed.
'.
Quantity DescrlpUon
3 Rolls 3650-12 BLACK SCOTQ-ICAl. 24 IN X SO YO
6 Roll5 3650-12 BLACK SCOTCHCAL 30 IN X 50 YO
5 Rolls 3275 BLUE SCOTCH UTE REFL SHTG 30 IN X SO YOS
40 Rolls 3877 GRN CL HIGH INTENSIlY SHTG 10 IN X 50 YDS
1 Roll 3271 YELLOW R/S 30 IN X 50 Y~S
2 Rolls 3272 RED E/G 24 IN X SO YOS
4 Rolls 3272 RED SCOTCHUTE REFL SHTG 30 IN X SO YOS
1 Roll CW84NL ORG ENG GRADE WOR.KZONE SHTG 36- X 50 YO
8 Rolls 3290 WHlTE SCOTCH LITE REFL SHTG 24 IN X 50 yeS
8 Rolls 3290 WHITE SCOTCHLlTE REFL SHTG 30 IN X SO YDS
5 Rolls 3290 WHITE SCOTCHLITE REFL SHTG 36 IN X 50 YDS
4 Rolls 3870 WHT Cl HIGH INTENSIlY SHTG 30" X 50 YO
24 Rolls SCPS-2 PRES PACE TAPE 4 IN X 100 YOS
24 Rolls SCPS-2 PRESPACE TAPE 6 IN X 100 YOS
12 Rolls SCPS-2 PRES PACE TAPE 24 IN X 100 YDS
.,
. .
TO PLACE ORDER CALL: 1-800-553-1380 Prompt 1
TO FAX ORDER CALL: 1-800-01-9293
To be assured of these prices if .n order is iswed, please note On the order
'These prlCl!J$ in aOt:Jtinlance with QuotBtio" Number. 6COl507TC-
01-11-"06 '1'$: 34 l'F:AQM':'QS6EoJ::!l. 6~~s6be~n~.':)r~~~III1f, .
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renewal of the above referenced bid on January ~.t0Q,~{ ..~ I Inn~'e~ '
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under this contract. . If you do notl . re.c~v~ ~PW"~~~~Pt4~~~': .~.~ ;,:.~: '. .'. ., ~~"
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Pl~aso feel. ~ee to contact me With:auy q~esjtli6Jl~ 7tOti#~f.~~i~~:~ :,'
contract at (407) 343-3132. Thank you. . I.. ,; . ,1~;ir~~L, '~, :',-""r.
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FINANCIA.L
SERf/ICES
P.EPAltTMBNT
Th!Jmas P. Klinke.,
. 'Din/cIa,.
407/343-2700
Burlg.'
f 407/J43-JOn
PinaRe.
ACCQunu Payable
fccoun/s ,Rqcei'llable
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(407) 343-2700
O,.1l/Its
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PrOf;lU'emelll
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(407) 34J-3J8J
7: ,),
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10
lle, FI.. 34741
~3125
, Dear Mr. Johnson,
Sincerely,
~~7?(~,
Tammi Madison
ProC'Urement .Analyst
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W~
AGENDA ITEM NUMBER: 55 L ~
AGENDA REQUEST
Request to be placed on: October 25, 2005
Date: October 17,2005
~ Consent Agenda _ Special Agenda _ Workshop Agenda
Description of agenda item: The City Commission is requested to approve the purchase of sign
post, aluminum sign b1anks and reflective material for sign fabrication as replacement stock for the
City's sign shop in the total of$43,651.73 as quoted from Universal Sign & Accessories in the
amount of $20,602.00 and 3M Traffic Safety in the amount of $22,959.73. Delivery charges not
included in quoted price. The City will apply for FEMA reimbursement for this purchase.
NO_X
NO_X
Draft Attached:
YES
YES
ORDINANCElRESOLUnON REQUIRED:
Recommendation: Staff recommends the purchase of reflective material, aluminum blanks and sign
post as replacement stock for the City's sign shop form Universal Sings and 3M Traffic Safety
System in the amount of $43,651.73.
Department Head Signature:
Detennination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding available: Q {):f No
Funding alternatives: (if applicable)
Account Number: 001-3141-541-52.20.
Account Description: OPERATING SUPPLIES / GENERAL OPER. SUPPLIES
Account Balanee: $1.{C:;;3z:( '1;0 n4~/ ~~
City Manager Review: -IrtU1 g Y U0 OJ' 01 S-~ OtJ ()
Approved for agenda: ~ No
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved
Disapproved
TO:
THRU:
R OF PLANNING & ZONING
FROM:
SCOTT ARONSON, PARKING MANAGEMENT SPECIALIST
MEETING OF APRIL 18, 2006 - REGULAR AGENDA
APPROVE A REQUEST FROM CAFE MOCHA FOR THE PURCHASE OF TWO (2)
IN-LIEU PARKING SPACES.
SUBJECT:
Cafe Mocha, located at 325 Pineapple Grove Way, has submitted a Class III site plan modification for the
conversion of 1,600 sq. ft. of retail space to restaurant. The previously approved site plan required the provision
of 28 parking spaces, of which 27 were provided. One in-lieu of parking space was approved with the original
site plan and must be paid prior to issuance of a Certificate of Occupancy.
land Development Regulations (lOR) Section 4.4.13(G)(1 )(d) establishes the required parking for retail at 4.5
spaces per 1,000 sq. ft. and restaurants at 6 spaces per 1,000 sq. ft. The required parking for the conversion of
use is assessed by calculating the difference between the two, and incorporating the revised requirements into
the shared use parking table (attached for your review). Consequently, this conversion of use results in the
requirement for two (2) additional parking spaces (three (3) total).
lOR Section 4.6.9(E)(3) states: 'When a requirement for additional parking results from in-fill development, or
from a change in use, or adding floor space to an existing building; the City Commission may approve the
payment of a fee in-lieu of providing such required parking. Before granting such approval, the City Commission
must find that it is impossible or inappropriate to provide the required number of on-site or off-street parking
spaces and that, in the case of building additions, no existing parking spaces will be eliminated." No existing
parking spaces are being eliminated, and it is impossible to provide the additional parking spaces. Therefore,
the applicant is requesting the purchase of two (2) additional in-lieu parking spaces, at a cost of $6,000 each, for
a total of $12,000, to be paid in full upon issuance of a building permit.
Modifications to lOR Section 4.6.9(E)(3), enacted by Ordinance 74-04, and adopted on January 18, 2005,
prohibit the purchase of in-lieu spaces for new construction, and restrict changes of use requiring the purchase
of in-lieu spaces for two (2) years from issuance of the Certificate of Occupancy. However, this development
was approved prior to the enactment of Ordinance 74-04 and is therefore not subject to these restrictions.
The Parking Management Advisory Board, at its meeting of February 28, 2006, unanimously recommended
approval of the applicant's request.
The Site Plan Review and Appearance Board, at its meeting of April 5, 2006, unanimously approved the Class
III Site Plan modification, citing approval of the in-lieu request by City Commission as a condition of approval.
By motion, approve the request from Cafe Mocha for the purchase of two (2) additional in-lieu parking spaces
by adopting findings of fact and law contained in the staff report, and finding that the request and approval
thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 4.6.9(E)(3) of the land
Development Regulations.
Attachment: Shared Parking Worksheet
~A
SHARED PARKING WORKSHEET
Residential 9 9
Office 0 0
Commercial/Retail 13.59 0.6795
Hotel 0 0
Restaurant 9.6 0.96
0 10% 0 40% 0 100% 0 80% 0 100% 0
0 100% 0 100% 0 100% 0 100% 0 100% 0
TOTALS 32.19 11 20 30 26 28
MEMORANDUM
TO:
FROM:
Through:
SUBJECT:
DATE:
David T. Harden
City Manager
Lisa M. Herrmann ~
Budget Officer
Joseph Safford~
Finance Director
Mid-Year Budget Amendment for FY 200512006
April 12, 2006
Attached please find Resolution 18-06 which amends the budget for Fiscal Year 2005-2006.
Also attached are supporting schedules for your review.
Please let me know if you have any questions
cc:
Becky O'Connor, Treasurer
Attachments
%1
C16
RESOLUTION NO. 18-06
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRA Y BEACH, FLORIDA, AMENDING RESOLUTION
NO. 72-05 ADOPTED SEPTEMBER 20, 2005, WHICH MADE
APPROPRIATIONS OF SUMS OF MONEY FOR ALL
NECESSARY EXPENDITURES OF THE CITY OF DELRA Y
BEACH, FLORIDA, FOR THE FISCAL YEAR 2005/2006, BY
SETTING FORTH THE ANTICIPATED REVENUES AND
EXPENDITURES FOR THE OPERATING FUNDS OF THE
CITY FOR THE FISCAL YEAR 2005/2006; REPEALING ALL
RESOLUTIONS INCONSIS1ENT HEREWITH.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 1 of Resolution No. 72-05 adopted by the City Commission
of the City of Delray Beach, Florida, on September 20, 2005, is hereby repealed, and a new Section 1
is enacted and amended to read as follows:
That the following sums of money, attached hereto and marked
Exhibit "A", are hereby appropriated upon the terms and conditions
herein set forth.
Section 2. That, subject to the qualifications contained in this resolution, all
appropriations made out of the General Fund are declared to be maximum, conditional and
proportionate appropriations, the purpose being to make the appropriations payable in full in the
amounts herein named if necessary and then only in the event the aggregate revenues collected and
other resources available during the period commencing the 1 st day of October, 2005, and ending
the 30th day of September, 2006, for which the appropriations are made, are sufficient to pay all the
appropriations in full. Otherwise, said appropriations shall be deemed to be payable in such
proportion as the total sum of realized revenue of the General Fund is to the total amount of
revenues estimated by the City Commission to be available in the period commencing the 1st day of
October, 2005, and ending the 30th day of September, 2006.
Section 3. That all balances of the appropriations payable out of the General Fund
of the City Treasury unencumbered at the close of business on the 30th day of September, 2005,
except as otherwise provided for, are hereby declared to be lapsed into the City Treasury and may be
used for the payment of the appropriations which may be made in any appropriation for the fiscal
year commencing the 1 st day of October, 2005. However, nothing in this section shall be construed
to be applicable to unencumbered balances remaining to the credit of the Water and Sewer Fund,
Sanitation Fund or any Fund created by the setting up of special revenue, but such balances shall be
used in financing the proposed expenditures of these Funds for the fiscal year commencing the 1 st
day of October, 2005.
Section 4. That no department, bureau, agency or individual recelvmg
appropriations under the provisions of this resolution shall exceed the amount of its appropriation,
except with the consent and approval of the City Commission first obtained. If such department,
bureau, agency or individual shall exceed the amount of its appropriation without such consent and
approval of the City Commission, the administrative officer or individual, in the discretion of the
City Commission, may be deemed guilty of neglect of official duty and may be subject to removal
therefor.
Section 5. That nothing in this resolution shall be construed as authorizing any
reduction to be made in the amounts appropriated in this resolution for the payment of interest on,
or retirement of, the debt of the City of Dekay Beach, Florida.
Section 6. That none of the monies enumerated in this resolution in connection with
the General Fund, Water and Sewer Fund, Sanitation Fund or any other Fund of the City shall be
expended for any purposes other than those for which they are appropriated, and it shall be the duty
of the Budget Officer and/or Finance Director to report known violations of this section to the City
Manager.
Section 7. That all monies collected by any department, bureau, agency or individual
of the City government shall be paid prompdy into the City Treasury.
Section 8. That the foregoing budget is hereby adopted as the official budget of the
City of Delray Beach, Florida, for the aforesaid period. However, the restrictions with respect to the
expenditures/expenses of the funds appropriated shall apply only to the lump sum amounts for
classes of expenditures/expenses which have been included in this resolution.
Section 9. That public hearings were held on the tax levy and the budget on
September 6, 2005, and September 20, 2005.
Section 10. That this resolution shall become effective immediately upon passage.
PASSED AND ADOPTED in regular session on this the 18th day of April, 2006.
MAYOR
ATTEST:
City Clerk
EXHIBIT A
(As Amended)
BUDGET SUMMARY
CITY OF DELRAY BEACH, FLORIDA
FISCAL YEAR 2005-2006
General Fund DOWNTOWN S~CIAL
AMENDED DEVELOPMENT ENTERPRISE REVENUE
FY 05106 FUND FUNDS FUNDS TOTAL
CASH BALANCES BROUGHT FORWARD 724,086 12,760 5,626,475 1,837,957 8,201,278
ESTIMATED REVENUES:
TAXES Millages
AD VALOREM TAXES 7.45 46,409,380 46,409,380
AD VALOREM TAXES 0.55 3,375,620 3,375,620
AD VALOREM-DELINQUENT 83,000 83,000
AD VALOREM - DDA 1.00 366,930 366,930
Sales & Use Taxes 1,500,000 1,500,000
Franchise Taxes 4,435,250 4,435,250
Utility Taxes 4,370,000 4,370,000
Other Taxes 4,350,000 4,350,000
Licenses & Permits 4,273,450 4,273,450
Intergovernmental 8,932,989 6,495,140 4,175,785 19,603,914
Charges for Services 6,131,180 36,357,360 42,488,540
Fines & Forfeitures 955,800 59,595 1,015,395
Miscellaneous Revenues 4,700,043 300 535,050 133,676 5,369,069
Other Financing Sources 3,228,690 7,120,331 1,453,070 11,802,091
TOTAL REVENUES AND OTHER
FINANCING SOURCES 92,745,402 367,230 50,507,881 5,822,126 149,442,639
TOTAL ESTIMATED REVENUES
AND BALANCES 93,469,488 379,990 56,134,356 7,660,083 157,643,917
EXPENDlTURESJEXPENSES:
General Government Services 9,709,266 9,709,266
Public Safety 47,519,979 77,390 47,597,369
Physical Environment 557,398 39,403,048 39,960,446
Transportation 2,122,810 2,122,810
Economic Environment 7,047,589 379,990 3,461,271 10,888,850
Human Services 153,300 795,550 948,850
Culture & Recreation 12,910,549 4,200,809 3,018,135 20,129,493
Debt Service 4,897,090 5,910,860 10,807,950
Other Financing Uses 6,720,930 5,925,110 257,410 12,903,450
TOTAL EXPENDITURESIEXPENSES 91,638,911 379,990 55,439,827 7,609,756 155,068,484
Reserves 1 ,830,577 694,529 50,327 2,575,433
TOTAL EXPENDITURES AND RESERVES 93,469,488 379,990 56,134,356 7,660,083 157,643,917
FilE: REV2005
DATED: 4/10106
2006 2006
ACCOUNT BUDGET FINANCE BUDGET
CODE DESCRIPTION PROJECTION ADJUSTMENT
1000030110 surplus brought forward 486,100
100003031 0 prior yr encumbrances 285,343
1000031110 current advalorem tax 49,092,410 49,785,000 692,590
1000031120 del advalorem taxes 72,000 83,000 11,000 703,590
1000031241 local option tax 1,882,000 1,500,000 (382,000) (382,000)
1000031310 franchise-fp1 3,672,000 4,175,000 503,000 503,000
1000031410 util tax-electric 4,030,000 4,200,000 170,000
1000031440 util tax-gas 161,000 170,000 9,000 179,000
1000031912 communications svc tax 3,650,000 4,350,000 700,000 700,000
1000032211 building permits 1,650,000 2,000,000 350,000
1000032220 electrical permits 190,000 225,000 35,000
1000032230 plumbing permits 110,000 120,000 10,000
1 000032240 sign permits 32,000 18,000 (14,000)
1000032250 air condlheat permit 180,000 220,000 40,000
1000032914 shutter permits 32,000 40,000 8,000
1000032915 demolition permit 5,000 6,000 1,000
1000032918 gas permits 10,500 15,000 4,500
1000032922 roof permits 130,000 400,000 270,000
1000032923 seawalVdock permit 15,000 35,000 20,000
1000032924 conditional cert-occ 5,000 12,500 7,500
1000032927 tree permit 18,000 27,000 9,000
1000032928 tenantllandlord permit 145,000 160,000 15,000
1000032930 change of contractor 12,500 14,000 1,500 757,500
1000033132 state homeland security grant 94,186 94,186
1000033140 historic structures grant 5,000 (5,000)
1000033159 fema mutual aid 775,000 775,000
1000033159 fema mutual aid adm cost 77,000 77,000
1000033159 PBC barwick park air potato remov 7,430 7,430
1000033177 cops in school 1,168 1,168
1000033179 highway safety fd grant 41,780 41,603 (177)
1000033180 fed grantemergency relief prog 46,062 46,062
1000033436 pbc ems grant 43,707 43,707
1000033451 state - disaster relief 81,090 81,090
1000033512 state rev sharing 2,000,000 2,075,000 75,000
1000033513 sales tax coli 4,820,000 4,950,000 130,000
1000033710 metlite foundation comm 9,000 9,000
1000033713 childrens serv council 294,220 294,224 4
1000033755 macarther foundation 23,499 23,499
1000033759 pbc agreements 48,000 48,000 1,405,969
1000034121 zoning fees 14,000 22,800 8,800
1000034123 plat approval 24,300 21,720 (2,580)
1000034126 abandonment 4,100 2,960 (1,140)
1 000034130 nontax mape&publicatlons 1,000 1,500 500
1000034130 taxable items 6,000 5,300 (700)
1000034131 mise land use appl 104,200 33,350 (70,850)
1000034132 beach overlays 10,250 10,250
1000034140 certiflc,copy & record 56,000 41,000 (15,000)
1000034190 other gen govt chg 12,000 4,000 (8,000)
1000034227 fire safety plan review 60,000 70,000 10,000
FILE: REV2005
DATED: 4/10106
2006 2006
ACCOUNT BUDGET FINANCE BUDGET
CODE DESCRIPTION PROJECTION ADJUSTMENT
1000034240 police security serv 115,000 87,000 (28,000)
1000034291 alarm registrations 3,000 2,000 (1,000)
1000034364 project inspection fee 20,000 35,000 15,000
1000034724 memberships 2,600 200 (2,400)
1000034724 rec tacil rentak:omm ctr 14,000 10,000 (4,000)
1000034724 rec tacil rental-admin 6,000 4,000 (2,000)
1000034728 beach sailboat fees 12,000 6,000 (6,000) (97,120)
1000035110 fines general 330,000 300,000 (30,000)
1000035110 parking ticket - PO 225,000 200,000 (25,000)
1000035110 $12.50 traffic fines 91,000 76,000 (15,000)
1000035140 fines-code enforcement 15,000 25,000 10,000
1000035921 penalty-no bIdg permit 22,000 18,000 (4,000) (64,000)
1 0000361 01 Int fr tax collector 19,000 52,000 33,000
1000036110 interest on investments 925,000 1,350,000 425,000
1000036420 land 92,880 92,880
1000036440 sale of surplus prop 28,000 900 (27,100)
1000036629 reimbursable salary-prkg planner 100,000 128,000 28,000
1000036901 visa rebate 2,850 (2,850)
1000036998 solid waste/stormwater 14,450 20,750 53
1000036999 mise revenue 25,000 12,000 (13,000)
1000036999 match point charity 51.550 (51.550) 484.433
TOTAL: 75.329.903 78.755.079 4.190.372 4.190.372
GENERAL FUND REVENUES
MARCH 31, 2006 (PERIOD 6)
FISCAL YEAR 2005-06
General Fund Summarv
The General Fund Budget as of the six month period ending March 31, 2006 totalled
$89,279,1 1 6. Adjustments of $4,190,372 were made for an amended total of $93,469,488.
General Fund Revenue Introduction
General Fund revenue collection for the six-month period ending March 31, 2006 totalled
$68,278,487 or 76% of the total budget. This includes surplus brought forward ($486,100), and
encumbrances brought forward ($285,343). The City can expect a surplus of$4,190,372 at fiscal
year end.
Variances are discussed in more detail below.
Ad Valorem Tax Revenue
A total of $45,311,881 or 92% of the budget was collected for this revenue category. The City
can expect a surplus of $703,590 by fiscal year end based on a three year historical trending
analysis of both current ad valorem tax revenue ($692,590) arid delinquent tax revenue ($11,000).
Sales and Use Taxes
Sales and Use Taxes totalled $694,566 or 37% of the budget. A shortfall of $382,000 is expected
at fiscal year end due to the fact that optional gas tax revenues are coming in less than anticipated.
Optional gas tax revenues are down $211,379 or 23% from last year. The shortfall is due to the
fact that the distribution factor for the City changed substantially. Lane miles for alleyways that
were included in prior year calculations were excluded in the current year.
Franchise Taxes
The City has collected $2,075,363 or 53% of the budget for this category. A surplus of $503,000
is expected at fiscal year end primarily due to an increase in the projection for franchise fees based
on electric usage. Franchise fees based on electric are up 18% from last year for the same time
period.
Utility Taxes
Utility Tax revenues totalled $2,212,950 or 53% of the budget. A surplus of $179,000 is
expected at fiscal year end primarily due to a surplus in utility taxes based on electric ($170,000)
and on gas ($9,000). Utility taxes based on electric are up 7% from last year for the same time
period.
Other Taxes
The communication service tax (CST) revenue collections totalled $2,317,085 or 63% of the
budget. This revenue source is coming in better than anticipated resulting in an anticipated
surplus of $700,000 at fiscal year end. The increase is primarily due to a one time payment from
MCIof$221,000.
Licenses
License revenues totalled $706,173 or 99",/0 of the budget. The City can expect to be at budget at
fiscal year end.
Permit Revenues
Permit revenues totalled $2,128,431 or 76% of the budget. Permit revenue collections are
slightly up from last year. We are projecting a surplus of $757,500 based on the following surplus
balances: building permits ($350,000), electrical ($35,000), plumbing ($10,000), air
conditioning/heat ($40,000), shutter ($8,000), demolition ($1,000), gas ($4,500), roof
($270,000), seawalVdock ($20,000), conditional certificate ($7,500), tree ($9,000), tenant
landlord ($15,000), and change of contractor ($1,500) offset by a shortfall in sign permits
($14,000).
Inten!ovemmental Revenues
Intergovernmental revenues are at $4,653,281 or 62% of the budget. The City can anticipate a
surplus of $1,405,969 at fiscal year end. This is due to an estimated surplus in State Homeland
Security Grant ($94,186), FEMA Mutual Aid ($775,000), FEMA Mutual Aid - Administrative
($77,000), PBC Barwick Park Air Potato Removal ($7,430), COPS In School ($1,168), Federal
Grant Emergency Rrelief ($46,062), PBC EMS grant ($43,707), State Disaster Relief ($81,090),
state revenue sharing revenues ($75,000), state sales tax collections ($100,000), Metlife
Foundation Grant ($9,000), Macarthur Foundation ($23,499), PBCO agreements ($48,000) offset
by an estimated shortfalls in the Historic Structures Grant ($5,000) and in Highway Safety Federal
Grant ($177) line items.
Cban!es for Services
Charges for Services totalled $3,093,841 or 50% of the budget. The City can expect to be a
shortfall of $97,120 at fiscal year end. The City can expect shortfalls in plat approval fees
($2,580), abandonment fees ($1,140), taxable items ($700), miscellaneous land use application
fees ($70,850), certification/copies ($15,000), and other general government charges ($8,000),
police security service fees ($28,000), memberships ($2,400), recreation facility rental ($4,000),
recreation facility rental-administrative ($2,000), and beach sailboat fees ($6,000) offset by
surplus balances in zoning fees ($8,800), non-taxable maps ($500), beach overlays ($10,250), fire
safety plan review fees ($10,000) and project inspection fees ($15,000) which will offset expected
shortfalls in copies ($16,000), other general government charges ($7,000), road impact fees
($20,000), police security service fees ($28,000), project inspection fees ($15,000).
Fines and Forfeitures
Fines and Forfeitures totalled $499,617 or 4goi<<l of the budget. The City can expect to be a
shortfall of $64,000 budget at fiscal year end. This projection is due to projected shortfalls in
general fines ($30,000), parking ticketsIPD ($25,000), $12.50 traffic fines ($15,000), and penalty-
no building permits ($4,000) offset by an estimated surplus in code enforcement fines ($10,000).
General fines are down $9,000 from last year due to the fact that there hasn't been a traffic task
force in effect since Hurricane Wilma because of a shortage of personnel.
Interfund Transfen
Interfund Transfers are at $156,000 or 42% of the budget. The City can expect to be at budget at
fiscal year end.
Contribution from Other Funds
Contributions from Other Funds are at $1,458,345 or 50% of the budget. The City can expect to
be at budget at fiscal year end.
Recoverv of Administrative Costs
Recovery of Administrative Costs is at $1,015,000 or 500.10 of the budget. The City can expect to
be at budget at fiscal year end.
Miscellaneous Revenue
Miscellaneous revenues totalled $1,184,511 or 54% of the budget. The City can expect a surplus
of$484,433 at fiscal year end primarily due to interest from the tax collector ($52,000), interest
earnings ($425,000), land proceeds ($92,880), and CRA reimbursable ($28,000), offset by
estimated shortfalls in sale of surplus property ($27,100), VISA rebate ($2,850), miscellaneous
revenue ($13,000), and Match Point Charity ($51,550).
Mid Year Budget Amendment
Fiscal Year 2005-2006
General Fund ExDendJtu,es
The General Fund expenditures total $48,419,662 or 52% of the proposed amended budget of $93,469,488. The
departmental adjustments overall total $4,190,372. A brief justification of departmental adjustments is as follows:
General Government Services
This category includes the legislative and administrative departments of the City and the miscellaneous division.
The increase in General Government expenditures totals $602,027.
The increase of $108,500 in the City Commission's budget covers a $500 contribution to the Rainbow Tennis
Tournament, a $38,000 grant advance to the Delray Beach Film Festival which has a revenue offset, $3,000 in
additional health insurance premiums and $67,000 in other contractual services.
The City Manager's budget is increasing $9,071 mainly as a result of additional salary and unbudgeted items for the
Assistant City Manager offset slightly by a reduction in the amount budgeted for General Employee Pension.
The Human Resources' Department's increase of$22,226 is due to term pay for a Human Resources Consultant and
additional funds requested for tuition reimbursement program.
The Public Information Department's increase of$9,073 is due mainly to funds needed for additional part time hours
and unanticipated higher costs for printing for the News for Neighborhoods and Village Academy Expansion.
The City Clerk's Department surplus of $8,833 is due to a reduction in the premium from the budgeted amount for
General Employee Pension.
The Finance Administration Department's increase of $2,879 is due to funds need for overtime due to Hurricane
Wilma ($6,600), procurement card software ($16,910) and other miscellaneous items such as printing and
advertising. These expenses are offset almost entirely by a reduction in the premium from the budgeted amount in the
General Employee Pension account of$27,111.
The City Attorney's budget increase of $139,616 is needed to offset anticipated budget shortfall in the legal account
due to arbitrations, civil service hearings, Boca Raton dispatch case and pension cases.
Administrative Services Divisions' request of $ 15,449 covers projected increase in electric, monthlyalc maintenance
for the new library, and an overage for Christmas tree repair and maintenance.
The increase to the IT budget of $2,549 is a result of additional funds needed ($21,749) in the Other Repair and
Maintenance account for a 3 year license for Websense ($14,560), maintenance renewal for Solar Winds ($1,100),
Worksright software ($2,200), DNS Made Easy ($85) CrossTec program renewal ($900) and two outstanding IBM
invoices ($2,904). Most of these costs are offset by a decrease of$20,328 in the General Employee Pension account.
The decrease of $21,414 to the Planning and Zoning division is a result of the removal of the match for the Historic
Preservation Grant and a decrease in the General Employee pension account. Additional funding is being added for
the professional services, postage and overtime accounts.
The reduction in the Engineering budget of $9,615 is due to a reduction in the premium from the budgeted amount
for General Employee Pension and a slight increase to the electricity account.
The increase in the Public Works Building Maintenance division of $7,621 is due mainly to increased overtime costs
due to Hurricane Wilma and a reduction in General Employee pension.
The increase to miscellaneous expenditures in the other current charges account ($330,235) are hurricane related
expenses that are offset by FEMA funds and a $5,330 decrease in the payment to ABC Carpet.
Mid Year Budget Amendment
Fiscal Year 2005-2006
Cultural and Recreation
This category includes the Parks and Recreation Department, the Old School Square Grant and Library and
miscellaneous cultural and recreational grants. The increase in this category is $658,624.
The Parks and Recreation Department's decrease of only $34,492 is due mainly to the reduction in the Soccer
Complex division budget as a result of the delay in construction and reduced General Employee pension rates in all
divisions. There are adjustments of $44,382 in the Ocean Rescue division due to contract changes, $10,000 for a
feasibility study for athletics, $10,000 for architectural design to enclose the electric/storage room at Pompey Park,
and $51,000 for remedial tree trimming services for Parks Maintenance.
The Tennis Operations Department's net increase is $693,116 due mainly to an increase in the Matchpoint contract
of $660,260.
Public Safety
This category includes the Police and Fire Departments and Community Improvement. The Department budgets in
this category represent 52% of the general fund budget total. The increase in the Public Safety budget category
equals $701,459.
The Police Department's budget is 43% expended at 42% budget period lapsed. The bulk of the anticipated
shortfalls are in police overtime, $301,760, and electric, 25,586, but are offset by decreases in the General Employee
Pension and Police and Fire Pension to reduce the total increase needed for Police to only $126,739.
The Fire Department's budget increase of $596,798 includes $598,430 to cover adjustments to personal service line
items due to the new Fire contract, $20,098 in anticipated electric increase, $16,580 in vehicle maintenance, $78,155
to budget the domestic assistance grant (revenue offset), and $68,933 in miscellaneous items. These are offset by
decreases in General Employee pension and Police and Fire pension of$185,398.
The Community Improvement budget shows a decrease of $22,078. This includes funds to cover overtime in all
three divisions as a result of Hurricane Wilma and an additional $10,000 needed for contract services for
inspections. These costs are offset by a decrease in General Employee pension costs that total $55,635 for the three
divisions.
Phvsical Environment
This category consists of Public Works Administration and the Cemetery, reflects a decrease of $5,468. Each
division has a reduction in General Employee pension which covers the increases in electric and stormwater
assessment fees.
Transoortation
This category includes the Public Works Department. The department has four divisions, Streets, Traffic
Operations, Parking, and Street Lighting. There is net departmental increase of$212,876. A $113,265 increase is in
electric for street lighting is being projected, $30,000 in additional funds for road materials, $13,995 for overtime
and FICA related to Hurricane Wilma, and $50,000 in Traffic Operations' Operating supplies for Hurricane Wilma
expenditures which have a revenue offset. There is a slight offset in the department's General Employee pension
reductions of$15,186
Economic Environment
This grouping shows a net increase of $56,967. This balance includes $50,317 for the remaining project balance for
the SW Neighborhood Plan and $6,650 decrease in the transfer to the CRA.
Mid Year Budget Amendment
Fiscal Year 2005-2006
Debt Service
The $214,390 decrease in debt service category is due to a reduction in interest expense relative to a delay in the Old
School Square projects.
Other Financine: Uses
This category accounts for inter-fund transfers. The increase in the budget of $1,150,040 is a transfer to the
Beautification Fund ($171,000), a transfer to the general construction fund ($141,799) for the SW 8th Road
construction project and the City's cash match for the Firefighter's Assistance Grant, a transfer to the Tennis Stadium
Fund ($67,050) to close out the fund, a transfer to the Lakeview Golf Course Fund ($17,661) to fund a deficit in the
fund, and a transfer to the Sanitation Fund ($759,180) needed for Wilma debris collection and disposal.
Reserves
City Manager's Contingency, after all adjustments to balance revenues to expenditures were made, reflected a net
increase of $1,034,887. Transfers to the departments totaled $2,768,657 which were partially offset by department
surpluses of $924,044.
OtIIer Funds
Law Enforcement Trust Fund
There will be an overall fund increase of $35,590 to fund additional training, meeting expenses, advertising and
crime prevention programs.
Tennis Stadium Fund
The overall fund will increase by $67,050 due to additional transfer from the General Fund which will close out the
Stadium Fund.
Soecial Projects Fund
No changes or adjustment to this fund.
Community DeveloDment Fund
Fiscal Year 2004/05 balances for Neighborhood Housing, SHIP, Hope III programs and remaining Housing
Rehabilitation Block Grant balances were brought forward. Total brought forward is $1,924,104.
Beautification Trust Fund
This fund will result in an overall increase of $387,885. Revenues are being increased due to an increase in the
transfer from the General Fund of $160,000 and the addition of the Urban and Forestry Grant agreement for
$172,209.
Beach Restoration Fund
No changes or adjustment to this fund.
General Construction Fund
This fund will result in an overall increase of $186,320 due to a transfer from the General Fund of$141, 799 to cover
funds previously transferred out from the SW 8th Road Construction Project ($121,000) and for the City's cash
Mid Year Budget Amendment
Fiscal Year 2005-2006
match for the Firefighter's Assistance Grant ($20,799), budgeting the CRA's contribution towards the NE 4th Avenue
project and budgeting the Rainberry Woods HOA contribution for neighborhood enhancements.
2004 GO Bond
This fund will have an increase of$103,450 to cover increases to the Catherine Strong Center project.
City Marina Fund
The will be no change in the overall fund for the City Marina. A transfer of $3,307 will be made from the project
reserve account to cover an underbudgeted amount for stormwater assessment charge ($10) and projected increase in
electric charges for the remainder of the fiscal year ($3,297).
Sanitation Fund
This fund will result in an overall increase of $6,300,620 due to collection of FEMA Funds. This amount plus a
small amount for reduction in General Employee pension costs and salaries are being added to the hurricane charges
and overtime accounts in sanitation to cover unanticipated costs due to the hurricanes.
Water and Sewer Fund
This fund will include a decrease in revenue and expenditure of $309,880 each due mainly to the decrease in the
SFWMD Grant of $420,000. An additional $110,120 will be collected for FEMA and State revenues due to
Hurricane Wilma. Other expenditures include $223,257 for electric increase projections, $83,386 in term pay,
$13,600 in repairs to the Vac Con truck, and $58,131 in overtime and FICA related to Hurricane Wilma.
Water and Sewer Renewal and ReDlacement Fund
This fund will increase $161,850 due to an increase in prior year surplus needed to fund a shortfall SRA1A - E
Atlantic Ave to Pelican Ave project.
MuniciDal Golf Course
Changes in revenues and eXpenditures were made based on year to date figures and staff changes. The net result is an
overall fund reduction of$355,11O due mainly to the reduction of$390,000 for roof replacement which is now being
funded through the insurance fund.
Lakeview Golf Course
Changes in revenues and eXpenditures were made based in year to date figures. The net result is an overall fund
increase of $45,621.
Stormwater Utility Fund
This fund will decrease by $60,000 due to a reduction in prior year surplus for the Country Club Acres project.
Gara2e Fund
This fund will increase by $598,718 as a result of increased operating costs due to Hurricane Wilma and
unanticipated garage activities.
Insurance Fund
An increase of $3,604,557 will be made to this fund to record hurricane related costs covered by FEMA of
$3,547,800 and $45,000 for the new voluntary life insurance costs that are paid for by the employees.
~
[ITY DF DELIA' BER[H
CITY ATTORNEY'S OFFICE
200 NW 1 st AVENUE' DELRAY BEACH, FLORIDA 33444
11'.LEPIIO"iE: )hl/.:'-D-7090' FACSli''vlILE: )61/278-475)
DELRAY BEACH
F lOll I 0 ^
Dad
All-America City
, III J!OATE:
Writer's Direct Line: 561/243-7091
MEMORANDUM
April 11, 2006
1993
2001
FROM:
City Commission
David Harden, City Manager
~ 1'... ~
Brian Shutt, Assistant City Attorney
TO:
SUBJECT: PilQrim Belle Cruises
I received the attached letter from Joe Reardon, Owner of the Pilgrim Belle
Cruises. This company currently has an agreement with the City for use of dock
space at Veter~n's Park.
Mr. Reardon has requested that he be allowed to pay his rental fee through the
summer months, even though, he will not be using the dock space at Veteran's
Park, in exchange for the City not renting this space out to any other boats during
the summer months. Mr. Reardon had made this same request last summer and it
was approved by the Commission.
Mr. Reardon has also requested an extension to the current agreement in order to
allow him to purchase a boat in which he can offer a high quality dinner cruise.
The current agreement expires in 2009 and Mr. Reardon would like to extend that
agreement for an additional 5 year period.
This item is before you for direction and discussion. It is my understanding that
Mr. Reardon will be present at the meeting and would be able to answer any
questions that you may have.
Our office requests that this item be placed on the April 18, 2006 City Commission
agenda. Please call if you have any questions.
Attachment
cc: Chevelle Nubin, City Clerk
Doug Smith, Asst. City Manager
Joe Weldon, Director of Parks and Recreation
q~
Pilgrim Belle Cruises
801 East Atlantic Ave.
Delray Beach, FL. 33483
March 25, 2006
City of Delray Beach Attorney's Office
Attn: Mr. Brian Shutt
200 NW 1st Ave.
Delray Beach, FL 33444
Dear Mr Shutt,
This letter is required in my license agreement with the city to inform them by
April 1st of my operating intentions for the summer season of 2006. As you are
aware, last season the City Commission agreed to let me pay the license fee
through the summer in an effort to keep an undesirable operator from ruining
what we have worked so hard to build. I would agree to do that again if the City
would let me, as we have to wait for the dock to be fixed and would rather return
in the Fall with the dock repaired than to be out of business while work is being
done
As of right now, we are waiting for the Parks Dept. to let us know when the dock
at Veteran's Park will be repaired. According to the engineer that was here last
week, the work would most likely be done this summer in the slower season. He
told me that it would take 4-6 weeks to repair and our boat can't be here when
the work is going on.
Our plan as of now is to operate here until April 30th with the Capt. John & Son II
and take it back to Plymouth. We have another boat (Capt. John & Son IV) ready
to come in when the work is finished with the dock. It looks exactly the same
except its 15 feet longer with more interior space, better AC and more handicap
accessible.
I am also in negotiations to purchase a vessel that would offer upscale dinner
cruises and private charters from Delray Beach year round. As I mentioned in my
February letter regarding passenger counts, I am having a very tough time
competing with the charter boats that have free reign at Veteran's Park for a very
small amount of money per visit. This new vessel (see attached), if purchased
will give residents and corporations an option to charter a boat that actually
operates from here. As my license agreement allows for two vessels to tie up in
the same spot, I would not be taking up any more dockage than I use with the
one vessel. As I did with the Pilgrim Belle paddle wheeler and the Capt. John &
Son II in the first year I operated here, they would be tied up side by side.
MAR 3 0 2006
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After three years of operating here, and recently been named the number one
boat tour in south Florida by SouthFlorida.com, (see attached), I realize that for
any operator to succeed in Delray Beach, you have to run a high quality
sightseeing tour by day, and have a high quality dinner cruise at night. They don't
make boats that can do both; the combination of these two vessels will give
Delray Beach the very high quality operation that it deserves.
The cost of the vessell would like to purchase is 1.25 million dollars. With my
current agreement with the City set to expire in February of 2009, banks are not
willing to finance the vessel unless I can show them more security in the length of
the dockage agreement. I would like to request an extension of the agreement of
at least five more years. This would allow me to bring a million dollar attraction to
Delray Beach at no cost to the City.
I feel that my wife and I have acted in the best interest of the City since we began
operation here, we have done everything that can be done to accomplish our
goal of putting a first class attraction in Delray Beach, and as the enclosed
material indicates, we have been rated as the best boat tour in South Florida. We
took over a reputation of our predecessor that, according to every hotel
concierge in the area, was deplorable. We understand that there are changes
coming to the Veteran's Park area, specifically Atlantic Plaza. Our operation is in-
line with the development about to take place as a modern cruise attraction
offering something for both residents and tourists.
I look forward to discussing the possibility of extending this agreement and we
will be waiting on word from the Parks Dept. as to when the dock work will be
done and at that time we will begin operating again.
cc: Cheryl Minchak, City Finance Dept
Bob Costin, City Commissioner
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Top ten boat tours in South Florida
In Fort Lauderdale, the Jungle Queen takes you past
mansions. In the Everglades, airboat tours roar into the
wild. Miami"s Biscayne National Parte: lets you see the
tropical reefs. From the Florida Keys to West Palm
Beach, some of the best sightseeing can only be done by
boat.
By Brian J. O'Connor
Sun-Sentinel
With SO much water around, it's only
natural to go for a boat tour, and here
in South Florida you can choose from
an old-time paddle wheeler for a lunch
or dinner cruise, a glass bottom boat
ride over a reef or an airboat
adventure into the Everglades.
1. Pilgrim Belle Cruises - 801 E.
Atlantic Ave., Delray Beach; 561-243-
0686. Two-hour narrated Intracoastal
cruises. Adults $11, seniors $14, and
children (12 and under) $11. Hours:
Tuesday through Sunday 10:45 a.m.
and 1 :45 p.m.
2. Loxahatchee Everglades Tours -
15490 Loxahatchee Road, west of u.s.
441 north of Deerfield Beach, south of
Boca Raton; 800-683-5873. Web site:
V\~VVV'J ~ ~j\/I:~~ql~dasQirbosttours .com-
Airboat tours of the Everglades, with
frequent sightings of alligators, wading
birds and more. Tours vary in length
(choices range from 30 minutes to 90
minutes. Hours: 9:30 a.m. to 4 p.m.
daily. 3. Jungle Queen Riverboat --
AlA, Bahia Mar Yacht Center, Fort
Lauderdale; 954-462-5596. Web site:
';",,'w'~[:.iu~1e;leClU5en.corr.. Barbecue and
shrimp drnner sightseeing cruise with
variety show departs nightly at 7 p.m.;
$31.95, children (2-12 years old)
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ATTRACTIONS BOARD
What is your favorite s.
Florida boat tour?
The delray cruise with
Pilgrim belle cruises Is the
best we've ever done!
Excellent nanation, very
clean boat and OJrteous
aew, the best two hours on
our vacation!
Submitted by: jj riley
8:51 AM EST, Mar 25, 2006
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Francis McElroy)
Feb 15.2005
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Pilgrim Be!!e Cruises
801 E Atlantic Avenue
(Veteran's Park)
Delray Beach, FL 33483
PH: 561.243.0686
Fax: 561.243.4015
Cell: 508-989-1783
www.delraybeachcruises.com
. lntracoqstal Cruiee8
. Corporate FunctioRB
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Pilgrim Belle Cruises
801 E. Atlantic Ave.
Delray Beach, FL 33483
www.delravbeachcruises.com
April 14th, 2006
City Commission
City of Delray Beach
Dear Members of the Commission,
Thank you for the opportunity to come before you and request a longer term on
my agreement for dockage at Veteran's Park with the City of Delray Beach. As I
have mentioned in the past letters, I feel the need for an upscale dinner
cruise/charter vessel for the residents and visitors of Delray Beach.
I am currently operating under an agreement where other vessels are able to
come to Veteran's Park and operate private charters up to six times a year per
company. There are over 20 operators in the area that can visit here and take the
lucrative charter business from me. I pay over $15,000 to run from Veteran's
Park per year and a one-day permit to an outside operator is a fraction of that.
As I am the only operator who is running under these conditions, I need to offer
an attraction to be competitive in this market. This will cost me in excess of 1.25
million dollars for a first-class vessel that Delray Beach would be proud of.
Unfortunately, lenders want to see more than the three years remaining on my
agreement to finance a vessel of this type.
In the three years my wife and I have operated here, we have done our best to
give the City a top rate attraction at an affordable price. We have acted in the
best interest of the City, donating hundreds of tickets to area charities, including
an entire cruise to the Chamber's Education Foundation. Tomorrow we are
taking the Delray Police Youth Vocational School out for a private cruise free of
charge.
I have enclosed letters from area business' and the Chamber, all of whom
support the addition of this new vessel. I have also enclosed pictures of this
vessel that, if approved, will be named Spirit of Delray Beach. I welcome any
questions u may have and look forward to speaking with you.
eardon
Pilgrim Belle Cruises
- -~--~ ~:~~~~~
GREATER
DELRAY BEACH
Chamber of CorrlIn~_r~~
April 13, 2006
To: The City ofDelray Beach
Re: Dinner cruise boat requests
To Whom It May Concern:
The Greater Delray Beach Chamber of Commerce is the focal point in our city for
visitors and residents alike. We receive an abundance of phone calls and keep a visitors
area within the chamber to help promote the city and it amenities.
Many of the calls are from people who are inquiring about a dinner cruise boat
using Delray Beach as its base. Currently, we do not have that to offer them, and
welcome that type of amenity as something we can offer to those people who are
inquiring.
If you have any questions, please feel free to contact me at the Chamber.
Sincerely,
~ a-(]~
Beth A. Johnston I"
Membership Director
Greater Delray Beach Chamber of Commerce
(561) 279-1380 ext. 12
Greater Delray Beach Chamber of Commerce, Inc.
64-A S.E. Fifth Avenue, Delray Beach, Florida 33483-5302
561-278-0424 · Fax 561-278-0555 · chamber@delraybeach.com
Chamber Accredited by United States Chamber of Commerce
DRIlAY IfACH
f lofll41.1l
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au.ricI CIty
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HOTELS&: RESORTS
April 13, 2006
To Whom It May Concern,
The owners of the Delray Intercoastal Cruises, Mr. & Mrs. Joe Reardon, have been
a positive asset to the community. The staff at the Delray Beach Marriott,
especially the Concierge Staff, believe the opportunity to sightsee locally from a
boat is a major attraction to our tourists as well as our community.
The Reardons may be purchasing a dinner cruise vessel, which certainly would be
an additional attraction to Delray Beach.
We sincerely hope that the City Council will embrace this endeavor as we have,
and look forward to another attraction in downtown Delray.
Bob LaCasse
General Manager
Delray Beach Marriott
10 North Ocean Boulevard, Delray Beach, FL 33483
Telephone (561) 274 3200 Facsimile (561) 274 3202
Marriott.com/PBIDR
PARAGON EVENTS
A MEETING AND SPECIAL EVENTS FIRM
To: City Commissioners
City of Delray Beach
From: Ron & Renee Radabaugh
Subject: Joe Reardon - Pilgrim Belle
New dinner boat for Intercoastal cruises
Date: April 12, 2006
We are making a recommendation on behalf of Joe Reardon
for your consideration and approval of the City of Delray
Beach having a new Pilgrim Belle Dinner Boat year round.
We feel Delray Beach is a year-round city and deserves and
requires year-round amenities. When Joe Reardon called to
advise he was willing to purchase a dinner cruise boat, we
were thrilled.
ThiS will help fill a 'void' of activities and corporate ameniti~s
for the year-round client. We are very excited about the '
possibility of having this available all year and hope you will
agree when the Commissioners vote next week.
Yours_,~~Yl~
.........",...
cf~
..... ~
,/'
Renee Radabaugh, Paragon Events &
Ron Radabaugh, Dakotah Catering
352 Northeast Third Avenue, Dclray Beach, Florida 33444
(561) 243-3073 . (800) 711-5548. Fax: (56l) 27~4849 . www.parag-on-events.com
oX
Pi1.
[ITY DF DELRAY BEA[H
CITY ATTORNEY'S OFFICE
200 NW 1st AVEI'\LE' DEFRAY BEACH. FLORIDA 33444
TLLFPIIOI'\L: 56 I /2~.'. 71190' FACSIMILE: 561/278-4755
DELRAY BEACH
~
All-America City
Writer's Direct Line: 561/243-7091
, IIII!DATE:
MEMORANDUM
April 10, 2006
1993
2001 TO:
FROM:
City Commission
David Harden, City Manager
~.... ~
~
Brian Shutt, Assistant City Attorney
SUBJECT: Off Site Parkino Aoreement for the new City Limits Establishment
The attached off site parking agreement provides for a minimum of 23 spaces to
be available for use by the new City Limits establishment located behind Elwoods.
The spaces are located in the parking lot of the MacMillan & Stanley Law offices
which is located at 29 NE 4th Avenue. The Agreement provides that the work
hours for the properties are not allowed to overlap, except to a minimal degree.
The Agreement also provides that the owner of the property that contains the
. development may purchase in-lieu spaces at the same cost per space that exists
at the time of the execution of this Agreement if such spaces are purchased within
a 12 month period of the execution of this Agreement.
Our office requests that this item be placed on the April 18, 2006 City Commission
agenda. Please call if you have any questions.
Attachment
cc: Chevelle Nubin, City Clerk
Doug Smith, Asst. City Manager
Scott Aronson, Parking Mgmt. Specialist
C\D
PREPARED BY: RETURN TO:
R. Brian Shutt, Esq.
City Attorney's Office
200 N.W. 1st Avenue
Delray Beach, FL 33444
OFF SITE PARKING AGREEMENT
THIS AGREEMENT made this l day of M.~ It- 'J.,tPCG. , _, by and
~"t;V{<;lfrf'
between P1rf€-/1lt ~lltr! /.\1 Vt~fJ1l~( L'""IIrz-~ ("First party''), whose address is
Ni~F7L">t--"""J ^Jc9~l1-(~ t..t..C
~C/'l....)
party"), whose address is
("Second
19 Nr!:A.7'1ft-~ <712~ 1l-~r:- ~Jj-y'&!~and the CITY OF
pt... 73*;'
DELRAY BEACH, FLORIDA (the "City").
WIT N E SSE T H:
WHEREAS, First Party is the owner of certain real property situated in the County of
Palm Beach, State of Florida ("the Property"), more particularly described in Exhibit "A", which
is attached hereto and incorporated herein by reference; and
WHEREAS, Second Party is the owner of a portion of the property more particularly
described in Exhibit "B"; and
WHEREAS, First Party wishes to make provisions for the use of the property described
in Exhibit "A" as a parking lot to be used by Second Party; and
1
WHEREAS, it is the desire of First Party and Second Party to each operate and maintain
their respective properties with integration of certain common areas for their mutual benefits as
to parking.
NOW, THEREFORE, for good and valuable consideration, the Parties hereby agree as
follows:
1. The recitals set forth above are herby incorporated as if fully set forth herein.
2 The Parties hereby agree as follows:
a. 7}-rv-1V\J""I" shall maintain the parking lot (described in
exhibit A) in a neat, clean and sanitary condition, free from all garbage, trash, litter and
debris and provide whatever maintenance is required thereon, including, but not limited
to asphalt repair or repaving, and painting lines thereon to clearly mark the parking
spaces.
b. In the event First Party ever sells, transfers, or otherwise disposes of the
property described in Exhibit "A", it is agreed that the parking spaces shall be provided
elsewhere by Second Party in accordance with the then current regulations pertaining to
parking which exists at the time of transfer, sale or disposal referred to above, subject to
CITY approval. If the Second Party may elects to participate, and obtains the required
approvals, in the CITY'S in-lieu fee program, this agreement will be deemed null and
void.
If Second Party makes the application to participate in the in-lieu fee program
within twelve months of the date of this Agreement, the rates per parking space charged
shall be same rates that exist as of the date of this Agreement. If Second Party decides,
2
and obtains the required approvals, to purchase parking spaces through the CITY'S in-
lieu program after twelve months has elapsed from the date of the execution of this
Agreement, Second Party shall pay the price per space that is in effect at that time.
c. The hours of use or work hours for the properties described in Exhibits
"A" and "B" shall not coincide with each other, however, minimal overlap is allowed.
3. This Agreement shall not be terminated, altered, limited, changed or modified
unless in writing, signed by all of the parties hereto. This Agreement shall be binding upon, and
run to the benefit of, each party, its successors, assigns, or heirs, as the case may be. This
Agreement may be enforced by any of the parties hereto, including but not limited to the CITY.
4. This Agreement shall be recorded, the expense of recording to be borne by
7l:7\.J .~T . In the event this Agreement is ever revised, Tt::1V'tP~ shall
bear the expense of recording said revision.
5. Each party, except the CITY, shall pay all real property taxes, charges and
assessments levied or imposed on the real property and all other taxes as may be imposed on the
property.
6. For good and valuable consideration, First Party and Second Party shall, and
hereby agree to indemnify and hold the CITY harmless from and against any and all judgments,
damages, claims, demands, losses, liabilities and other costs and expenses, including reasonable
attorney's fees incurred in the defense thereof, that may be incurred by reason of any loss,
damage or injury to any person or property resulting directly or indirectly by reason of the use
and occupancy of the parking spaces, or by the reason of the act, or failure to act of First Party
and Second Party or their agents, employees or representatives, and further shall, and hereby
3
agree, to indemnify and hold the CITY harmless form and against any and all losses, claims
demands, costs, and expenses to which the City of Delray Beach may become subject by reason
of the failure of First Party or Second Party to perform or observe any covenants, terms,
conditions and provisions hereof.
7. The CITY, by entering into this Agreement, has no obligation to provide
maintenance, nor does the CITY accept any liability associated with the use of the parking lots
whatsoever. The CITY'S interest is solely to assure its code of ordinances regarding the number
of required parking spaces is met.
IN WITNESS WHEREOF, the parties hereto have executed these presents and affixed
their sales hereto as of the day and year first above written.
WITNESSES:
rV\cl,P
(\1 J.t L rn, (u...'fh0 T 1\) V E <; TW\r ;0'r
L--l I~'\ ( (e rP e J\ I~ t{\) t 12-~ H ( P
,~
?'I
i/'tvL"tL
Pnnt Name:
By:
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was ac~owledged before me t~s 3 day of C~),
200-'2 by ---rl e; I T fh P...c- r~ I {(o..-Y\ , who IS personally known me or
who has produced as iden~~ation. ,.' /,
I;:" 7~ i'L-... ,
!'~~' -" Carol ~an Stanley ~lgnature of Notary Public - St~e
~c .. MyCommi88lOl1DD181589 fFl 'd ;'
.... '.# . 0 on a !
... ~d" Elcpira March 24. 2007
SECOND PARTY LtCf'ooC"",")
By. ~~
I q N()~etr.c;t- -5~tJ ft:11r-JuA.L LL~
. Print Name
4
L
Print Name: "b:Jf!.Gt2 a€1~'
fJ
STATE OF FLORIDA
COUNTY-OF PALM BEACH
. The foregoing instrument was ackn~w!:~~~~.~.~f<>.~~..~~,_this ~ day of f+pr~' ~ ,
200 le by ., @[ IS personally knowiI"1:o- me or who has produced
.. ~;~.n. --~----~ -, ......
",,..df Expires March 24, 2007 [~ .;; r L.L<...
, Signature of Notary Public /
ATTEST:
CITY OF DELRA Y BEACH, FLORIDA
By:
City Clerk
, Mayor
Approved as to Form:
City Attorney
5
Exhibit" A"
Legal Description
Lots 18 and 19, Block 100, Town of Delray, according to the Plat thereon on file in the
office of the Clerk of the Circuit Court in and for Palm Beach County, Florida.
Parcel ill Numbers: 1243461601 1000180
124346 1601 1000190
Which shall contain a minimum of 23 parking spaces.
EXHIBIT "B"
Legal Description
Lot 9, Block 92, in the CITY OF DELRA Y BEACH, Florida, according to
the plat thereof on file in the Office of the Clerk of the Circuit Court in
and for Palm Beach County, Florida, recorded in Plat Book 2, Pag 21,
LESS the South Six (6) inches thereof.
Parcelld No. 12 43 46 16 01 092 0091
[ITY DF DElRAY BE [
CITY ATTORNEY'S OFFICE
\\ i,1 .\\1 \ i' i RAY BEACH. FLORIDA 33444
:1 II I ), I\CSIMILE: 5611278-4755
DELRAY BEACH
F LOR IDA
DaaII
All-America City
, III I! DATE:
Writer's Direct Line: 561/243-7091
MEMORANDUM
April 14, 2006
1993
2001
TO:
City Commission
FROM: Susan Ruby, City Attorney
SUBJECT: EasvAqenda - R&S Contract Termination and Recovery of Costs
R&S was hired to produce an automated paperless agenda. After several tests
and after meetings with the owners, it was determined that the agenda program
was not going to be appropriate for the City.
R&S agreed that value in the amount of moneys we have expended so far would
be used to provide for laser fiche maintenance and laser fiche email access to
several members of the City Clerk's Office for the fiscal year 2006/2007. This
would not cost the City any additional moneys.
Our office and the City Clerk's Office request that the City Commission terminate
the contract with R&S and authorize the City Attorney to draft agreements and
releases as may be necessary to that effect allowing for reimbursement as set
forth above with the agreement to be executed by the City Manager.
ase place on the City Commission agenda for April 18, 2006.
cc: David Harden, City Manager
Doug Smith, Assistant City Manager
Chevelle Nubin, City Clerk
q'E
ItTtRA
DHRAY BEACH
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"p~ 1 e1. 2006
,:)>.~~.. ~ it< -
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'" "J~li\l.A OJi;n
CO..v.lfY RIDlVlLO."NT UUCY
MEMO
To:
David Harden, City Manager
~~~M-
From:
Diane Colonna, CRA Executive Director
Date: April 11, 2006
RE: Appointment of CRA ChairNice Chair
Florida StaMas Chapter 163.356(c) states that the governing body of a municipality is to
designate the Chairman and Vice Chairman of the CRA Board. The CRA Board appoints its
own First Vice Chairman and Treasurer.
With the recent resignation of Brenda Montague the office of Chairperson will be vacant.
Lamar Shuler is the current Vice Chairman, Frank Wheat is the First Vice Chairman, and
Evelyn Dobson is the Treasurer.
Please place the appointment of a new Chairman and Vice Chairman on an upcoming City
Commission meeting agenda. Attached is a list of current members and their terms.
Thank you for your consideration of this matter.
C: Carolanne Kucmerowski, Agenda Coordinator
20 N. Swinton Avenue. Dekay Beach, Florida 33444
561-276-8640 . Fax 561-276-8558
qf
Delray Beach
Community Redevelopment Agency
Board of Commissioners
Evelyn Dobson, Treasurer
(7/05 - 7/09)
130 NW 3RD Avenue
Delray Beach, FL 33444
Office - 994-1788
Fax - 912-9076
Home - 276-3593
Email -evelyn@casmanagement.com
Frank Wheat, 1 st Vice Chair
(4/03 - 7/06, 7/05 - 7/09)
Gringle, Doherty & Wheat
700 East Atlantic Avenue
Defray Beach, FL 33483
Office - 278-2628
Home - 737 -3600Cell - 859-3866
Email -fwheat03@sprintpcs.com
Lamar Shuler, Vice Chair
(7/01 - 7/05, 7/05 - 7/09)
Shuler's Memorial Chapel
606 West Atlantic Avenue
Delray Beach, Fl 33444
Office - 265-0622
Fax - 265-2730
Cell- 441-1129
Peter B. Arts
(7/05 -7/09)
1746 Fern Forest Place
Delray Beach, FL 33445
Office - 395-1433
Fax - 395- 4755
Home - 637-3640
Email -peter@plastridge.com
Thomas F. Carney, Jr.
(7/03 - 7/07)
Carney Legal Group, P.A.
901 George Bush Blvd.
Delray Beach, FL 33483
Office - 330-8140
Home - 272-5010
Cell - 706-7448
FAX - 330-8233
Email -tfcameyjr@hotmail.com
Leaal
David Tolces
Goren, Cherot, Doody & Ezrol
3099 E. Commercial Boulevard
Suite 200
Fort Lauderdale, FL 33308
Office (561) 276-9400
Fax: (954) 771-4923
dtolces@cityatty.com
Howard Lewis
(4/03 - 7/06)
Amoco
725 West Atlantic Avenue
Defray Beach, FL 33444
Office - 276-5183
Home - 498-3651
Cell- 271-1975
(No FAX or e-mail)
Revised 7.05.2005
,"'-
LEWIS, LONGMAN &WALKER, P.A
ATTORNEYS AT LAW
ox
,
"HELPING SHAPE
FLORIDA'S FUTURE@
REPLY To: TALLAHASSEE
www.llw-law.com
MEMORANDUM
TO:
Susan A. Ruby, City Attorney
City of Delray Beach
FROM:
Jim Linn
DATE:
April 13, 2006
RE:
Police / Fire Pension Plan - Complaint for Declaratory Judgment Concerning the
1993 Agreement on Use of Premium Tax Revenues
In accordance with our recent discussions, a Complaint for Declaratory Judgment is attached.
The Complaint seeks a judicial declaration of rights under the 1993 Agreement between the City,
police and firefighter unions, and the police/fire pension board concerning the use of state
premium tax revenues for police and firefighter pension benefits. Under the 1993 Agreement, all
premium tax revenues received in excess of the 1993 amount ($504,000) must be used for an
annual benefit enhancement for retired police officers and firefighter. However, the Florida
Division of Retirement has taken the position that legislation enacted in 1999 requires that all
premium tax revenues in excess of the 1997 amount must first be used to pay for the inclusion of
300 hours of overtime pay in the pensionable earnings of police officers, and only after this is
done may the excess be used for the benefit enhancement.
Background - Each year the City receives a disbursement of premium tax revenues from the
State pursuant to Chapters 175 and 185, Florida Statutes. The disbursement is produced by the
state tax on property and casualty insurance premiums collected on policies covering property in
Delray Beach. In 2005 the City received $754,420 in Chapter 175 premium tax revenues
(firefighters) and $670,489 in Chapter 185 premium tax revenues (police), for a combined total
of $1.425 million. The total cost of the police fire pension plan for the current fiscal year is
$5.294 million. The City's required contribution is $4.789 million, or 30.87% of covered
payroll.
The 1993 Agreement - In 1993 the City entered into an agreement with the police/fire pension
board and the police and fire unions concerning the use of premium tax revenues. The 1993
agreement was intended to resolve "all issues related to the use of insurance premium tax revenues"
in connection with the police/firefighter pension plan. The agreement provided several additional
pension benefits and options for police officers and firefighters, including:
~qG
---..... .,
Bradenton
1001 3rd Avenue West
Suite 670
Bradenton, FL 34205
(941) 708-4040
Fax: (941) 708-4024
Jacksonville
9428 Baymeadows Road
Suite 625
Jacksonville, FL 32256
(904) 737-2020
Fax: (904) 737-3221
Tallahassee
Post Office Box 10788 (32302)
125 South Gadsden Street. Suite 300
Tallahassee, FL 32301
(850) 222-5702
Fax: (850) 224-9242
West Palm Beaell
1700 Palm Beach Lakes Blvd.
Suite 1000
West Palm Beach, FL 33401
(561) 640-0820
Fax: (561) 640-8202
April 13, 2006
Page 2
1. A DROP (deferred retirement option plan), whereby members with between 20 and 30
years of service can elect to discontinue participation in the pension plan while
remaining employed, and have their pension benefits paid into a DROP account to be
distributed to the member in a lump sum at the time the member leaves City
employment.
2. An early retirement incentive, whereby the City can offer members with 18 or more
years of service two additional years of credited service under the pension plan.
3. A retirement benefit enhancement, whereby eligible retirees receive a benefit increase
(COLA) of between 1 % and 4% per year, depending on the amount of premium tax
revenues received by the City. The 1993 agreement requires that all premium tax
revenues received by the City in excess of the 1993 amount ($504,922 combined) be
used to fund the annual benefit increase.
The 1993 Agreement also contains a clause that states: "Should any provision of this Agreement
be declared illegal, invalid or unenforceable ... the remaining parts and provisions shall have no
force and effect unless otherwise mutually agreed to by the parties."
1999 Legislation - Legislation passed by the State Legislature in 1999 requires that all premium
tax revenues received by a city in excess of the amount received for calendar year 1997 must be
first used to meet the minimum benefit requirements of Chapters 175 and 185, and once the
minimums are met any additional revenues must be used for extra benefits. The City's
police/firefighter pension plan does not meet one of the required minimum benefits contained in
the 1999 legislation: the inclusion of 300 hours of overtime pay for police officers in the
officers' compensation for pension purposes. The benefit enhancement provided by the 1993
agreement is an "extra benefit" as defined in the 1999 legislation.
Analysis - The 1993 agreement conflicts with the 1999 legislation insofar as the use of premium
tax revenues is concerned. Under the legislation, all premium taxes received in excess of the 1997
amount must be used to meet the minimum benefit requirements of Chapters 175 and 185, before
any premium tax monies can be used for "extra benefits." The 1993 agreement, on the other hand,
requires that all premium taxes received in excess of the 1993 amount be used to fund the annual
benefit enhancement.
The Division of Retirement takes the position that the 1999 legislation mandates that all
premium tax revenues received by the City in excess of the amount received for calendar year
1997 must be used to meet the 300 hour police overtime requirement before any of the post-1997
increases can be applied to the benefit enhancement. In essence, the Division of Retirement
believes that premium tax funds must be shifted from the benefit enhancement, which provides
an annual increase for retirees, to providing an increased benefit for police officers who have not
yet retired. To comply with the Division's position, the police/fire pension board has transferred
April 13, 2006
Page 3
money from benefit enhancement account and placed it in another account in the pension fund to
pay for the police overtime benefit. However, the pension plan has not yet been amended to
provide the police overtime benefit.
Article I, Section 10, of the Florida Constitution prohibits the enactment of a law that impairs the
obligation of a contract. Requiring the City to comply with minimum benefit provisions of the new
law would effectively nullify provisions of the 1993 agreement. In our opinion, applying the 1999
legislation to require that premium tax revenues be used in a different manner than specified in the
1993 agreement would violate the impairment of the contracts clause of the State Constitution, and
thus be unenforceable with respect to the City police and fire pension plan.
Discussions with Police and Fire Unions - The City has had several meetings with police and
firefighter union representatives over the past few months in an effort to resolve the premium tax
issue. The parties have been unable to agree on a solution that would continue to provide the
benefit enhancement to retirees and meet the police overtime requirement, without resulting in
additional cost to the City.
Complaint for Declaratory Judgment - the Complaint (attached) seeks a judicial declaration
that the Division of Retirement's application of the 1999 legislation results in an impairment of
the parties' rights under the 1993 Agreement. In the event the court determines that the parties'
rights under the 1993 Agreement are not impaired, the Complaint requests that the court clarify
whether the 1993 Agreement is still valid, and if it is, how it should be applied.
We would be pleased to answer any questions you may have about these matters, or the attached
Complaint.
JWL/es
IN THE CIRCUIT COURT OF THE
FIFTEENTH JUDICIAL CIRCUIT IN AND
FOR PALM BEACH COUNTY, FLORIDA
CITY OF DELRA Y BEACH,
FLORIDA,
Plaintiff,
v.
CASE NO.
FLORIDA DEPARTMENT OF
MANAGEMENT SERVICES,
DIVISION OF RETIREMENT
Defendant.
I
COMPLAINT FOR DECLARATORY JUDGMENT
COMES NOW, the City of Delray Beach, Florida, and sues the Florida Department of
Management Services, Division of Retirement (hereinafter the "Division"), a state agency, and
states as follows:
1. This is an action for declaratory judgment. Such relief is within the jurisdiction
of this Court.
2. Plaintiff, City of Delray Beach (the "City"), is a municipal corporation created
under the laws of the State of Florida, located in Palm Beach County, Florida.
3. Defendant, Division of Retirement, is responsible for the oversight and
monitoring of municipal retirement plans for firefighters and police officers established pursuant
to Chapters 175 and 185, Florida Statutes; for receiving and holding the premium tax moneys
collected pursuant to Chapters 175 and 185; and, upon determining compliance with the
provisions of Chapters 175 and 185, for disbursing those moneys to participating cities for their
firefighter and police retirement plans.
4. All of the facts relevant to this action occurred in Palm Beach County, Florida.
5. The City is seeking to obtain direct judicial protection from an unlawful
contravention of the constitutional rights of the City, its employees and retirees by the Division.
6. Because the threatened invasion of the City's constitutional rights occurred in
Palm Beach County, venue is proper in Palm Beach County.
7. The City of Delray Beach Police and Firefighters Retirement System ("Retirement
System" or "Plan") was created by City ordinance many years ago, and has been amended
numerous times since. The Retirement System is a defmed benefit pension plan for City of
Delray Beach firefighters and police officers, established pursuant to Chapters 175 and 185,
Florida Statutes.
8. Chapters 175 and 185, Florida Statutes, provide for the establishment and
operation of retirement plans for municipal frrefighters and police officers. Chapter 175
governs firefighter pension plans and Chapter 185 governs police pension plans.
9. Chapters 175 and 185 contain a revenue sharing procedure whereby
participating cities can receive a distribution of the state excise tax on property and casualty
insurance premiums collected on policies covering property within each city, to help offset the
cost of retirement benefits for the city's firefighters and police officers.
10. In 1993 the City, its police and firefighter unions, and the Board of Trustees for
the City Retirement System (hereinafter the "Parties") reached an agreement (a copy of which
is attached hereto as Exhibit "A") concerning pension benefits and the use of premium tax
revenues received by the City (hereinafter the "1993 Agreement").
2
11. The 1993 Agreement was intended to resolve a long-standing dispute between
the City and the police and firefighter unions concerning how premium tax revenues should be
used to provide pension benefits for City police officers and firefighters. The Parties agreed
that the amount of premium tax revenues received by the City in 1993 ($504,922) would be
used to fund existing pension benefits, and to provide an annual one percent increase in the
pension benefits received by Plan members who retired after September 30, 1993. The 1993
Agreement further provides that all premium tax revenues received by the City each year in
excess of $504,922 will be used to provide an annual retirement benefit enhancement of up to
four percent.
12. The 1993 Agreement also contains:
(a) a deferred retirement option plan ("DROP"), whereby members with
between 20 and 30 years of service can elect to discontinue participation in
the pension plan while remaining employed, and have their pension
benefits paid into a DROP account to be distributed to the member at the
time the member leaves City employment;
(b) An early retirement incentive, whereby the City can offer members with 18
or more years of service two additional years of credited service under the
pension plan at no additional cost; and
(c) A provision that states if any provision of the 1993 Agreement is
determined to be invalid, the entire Agreement shall become null and void.
13. City Ordinance No. 85-93, which took effect on October 1, 1994 (attached
hereto as Exhibit "B"), implemented the terms of the 1993 Agreement by creating, in section
33-689 of the Plan, an annual retirement benefit enhancement for eligible retired police officers
3
and firefighters of between one percent and four percent, based on the amount of premium tax
revenues received by the City each year in excess of $504,922.
14. The legislature substantially revised chapters 175 and 185 in 1999. Ch. 99-1,
Laws of Florida.
15. As part of the 1999 revision, sections 175.351(1) and 185.35(1) (concerning the
use of premium tax revenues and "extra benefits") were amended to read as follows:
The premium tax provided by this chapter shall in all cases be used in its entirety
to provide extra benefits to firefighters ... and police officers... However, local
law plans in effect on October 1, 1998, shall be required to comply with the
minimum benefit provisions' of this chapter only to the extent that additional
premium tax revenues become available to incrementally fund the cost of such
compliance... When a plan is in compliance with such minimum benefit
provisions, as subsequent additional premium tax revenues become available,
they shall be used to provide extra benefits. For the purpose of this chapter,
"additional premium tax revenues" means revenues received by a municipality
. .. that exceed that amount received for calendar year 1997 and the term "extra
benefits" means benefits in addition to or greater than those provided to general
employees of the municipality.
16. The statutes define "extra benefits" as benefits in addition to or greater than
those provided to general employees of the municipality, and in addition to those in existence
for frrefighters or police officers on March 12, 1999 [the effective date of chapter 99-1, Laws
of Florida].
17. The retirement benefit enhancement created by the 1993 Agreement is an "extra
benefit" within the meaning of Chapters 175 and 185, Florida Statutes.
18. The Division of Retirement has informed the City that, based on the 1999
legislation, all premium tax revenues received by the City in excess of the amount received for
calendar year 1997 must first be used to meet the minimum benefit provisions of Chapters 175
and 185, and once the minimum benefits are satisfied any additional premium tax revenues
4
must be used for extra benefits. (Division of Retirement letter of July 10, 2003 attached as
Exhibit "C").
19. According to the Division's letter, premium tax revenues that were being used
to fund the benefit enhancement (pursuant to the 1993 Agreement) must instead be used to
provide one minimum benefit in Chapter 185 that the pension plan does not now provide:
including at least 300 hours of overtime pay for police officers in the officers' compensation
for pension purposes.
20. The 1993 Agreement requires that all premium tax revenues received by the City
in excess of the 1993 amount ($504,922) be used to fund the retirement benefit enhancement.
21. The Division of Retirement has taken the position that the 1999 legislation requires
that premium tax revenues in excess of the 1997 amount must be used to provide the police
overtime benefit, and only after the police overtime benefit is fully funded may subsequent
premium tax increases be used to provide the benefit enhancement
22. Under the Division's interpretation, the 1999 legislation is in direct conflict with
the 1993 Agreement, in that the legislation (as interpreted by the Division) requires that all
premium tax revenues in excess of the 1997 amount be used first to pay for the inclusion of police
overtime, whereas the 1993 Agreement requires that all premium tax revenues in excess of the
1993 amount be used to pay for the benefit enhancement.
23. The same premium tax dollars cannot be used to pay for two different benefits.
24. A number of City police officers have retired since the 1993 Agreement was
implemented, and have been receiving the annual benefit enhancement in accordance with the
1993 Agreement. The retired police officers have a vested right to the pension benefits in place at
the time they retired, including the benefit enhancement.
5
REQUEST FOR
DECLARATORY RELIEF
25. Plaintiff realleges paragraphs 1-24 as if fully set forth herein.
26. This is an action for declaratory judgment pursuant to section 86.011, Florida
Statutes.
27. The City, its police and fIrefighter unions, and the Board of Trustees of the City
Retirement System entered into a contract (the 1993 Agreement) which requires that all premium
tax revenues received by the City in excess of the 1993 amount ($504,922) be used to fund the
annual benefIt enhancement codifIed by City Ordinance No. 85-93.
28. As interpreted by the Division of Retirement, the 1999 legislation requires that
all premium tax revenues received by the City in excess of the 1997 amount ($830,154) must
be fIrst used to provide the police overtime benefit, and only after that benefit is fully funded
can additional premium tax revenues be used for the benefit enhancement.
29. Article I, Section 10 of the Florida Constitution prohibits the enactment of a law
that impairs the obligations of a contract.
30. The Division is attempting to apply the 1999 legislation in a manner that impairs
the City's rights and obligations under the 1993 Agreement, by requiring that premium tax
revenues be shifted from the benefIt enhancement provided to retirees by the 1993 Agreement,
to pay for the inclusion of overtime in the pensionable compensation of current police officers.
31. Requiring the City to comply with the Division's interpretation of the 1999
legislation would effectively nullify provisions of the 1993 Agreement.
6
32. The effect of the Division's interpretation will also be to reduce the amount of
the benefit enhancement received by retired police officers, in violation of those officers'
vested rights.
33. There exists a present controversy between the City and the Division as to the
interpretation and application of the 1999 legislation in a manner that would impair the rights
of the Parties under the 1993 Agreement.
WHEREFORE, the City respectfully requests that this Court issue a declaratory
judgment declaring:
A. That the Division of Retirement's interpretation of Chapter 99-1, Laws of
Florida, violates Article I, Section 10, of the Florida Constitution, to the extent that it impairs
the rights of the City and other parties under the 1993 Agreement.
B. That if the Court should determine that the Division of Retirement's
interpretation of Chapter 99-1, Laws of Florida, does not impair the rights of the City and
other parties under the 1993 Agreement, in violation of Article I, Section 10, of the Florida
Constitution, then the City requests that the Court clarify whether the 1993 Agreement is still
valid, and if it is, how it should be applied.
C. That this Court award the City its attorney's fees and costs, and provide such
other relief as this Court deems just and proper.
Respectfully submitted this _ day of April, 2006
James W. Linn
Florida Bar No. 0312916
Glenn E. Thomas
Florida Bar No. 0489174
7
LEWIS, LONGMAN & WALKER, P.A.
125 South Gadsden Street, Suite 300
Tallahassee, Florida 32301
(850) 222-5702
(850) 224-9242 - Fax
Attorneys for the City of Delray Beach
8
MEMORANDUM
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER~
AGENDA ITEM # \ ~ ~
ORDINANCE NO. 14-06
HEARING
- REGULAR MEETING OF APRIL 18, 2006
(SECOND READING/SECOND PUBLIC
TO:
FROM:
DATE:
APRIL 14,2006
1bis ordinance is before Commission for second reading and second public hearing to amend the
Land Development Regulations (LDR) to establish a six (6) month moratorium on demolitions,
additions, and new construction in the City's five (5) Historic Districts.
Given the recent concerns over the level and type of development affecting historic preservation
efforts within all five (5) of the City's historic districts, on March 6, 2006, the Commission supported
the implementation of a six-month moratorium on any new development proposals including, but not
limited to, demolitions, new construction, and additions. Some development actions could continue
during the moratorium; including demolitions of structures deemed unsafe by the City's Chief
Building Official, new construction of 2,000 square feet or less, and additions not exceeding fifty-
percent (50%) of the existing structure's square footage. The moratorium will not prevent the
relocation of historic structures into any of the districts; nor apply to properties in any historic district
zoned CF (Community Facilities) or CBD (Central Business District).
During the moratorium, staff will work with residents within the five (5) historic districts to establish
an overlay district similar to the Beach Property Overlay Districts. The overlay would place additional
development regulations specific to each district, with the intent to assure that all new development
respects and is visually compatible with the surrounding neighborhood character in terms of
architectural style, scale, and massing. Possible solutions could include the establishment of
maximum lot coverage and floor area ratio, an increase in the minimum required open space,
reductions of maximum heights, and/ or application of additional setback requirements for all second-
story elements. Current zoning districts located within the historic districts include R-1-A and R-1-
AA (Single-Family Residential), RO (Residential Office), RL (Multi-Family Residential, Low Density),
RM (Multi-Family Residential, Medium Density), CF (Community Facilities), CBD (Central Business
District), and OSSHAD (Old School Square Historic Arts District). The ordinance includes all
zoning districts located within a historic district with the exception of CF and CBD.
At the first reading on April 4, 2006, the Commission passed Ordinance No. 14-06.
Recommend approval of Ordinance No. 14-06 on second and final reading.
S:\City Clerk\agenda memos\Ord. No. 14-06 Moratorium Historic Dist Construction 041806
cI<
Zff1
FROM:
D~R~~ANAGER
PAUL ~~G, <:JCTOR OF PLANNING AND ZONING
AMY ~REZ, HISTORIC PRESERVATION PLANNER
TO:
THRU:
SUBJECT:
MEETING OF APRIL 4, 2006
CONSIDERATION OF A 6-MONTH MORATORIUM ON DEMOLITIONS,
ADDITIONS, AND NEW CONSTRUCTION IN THE CITY'S FIVE HISTORIC
DISTRICTS.
The action requested of the City Commission is the consideration to establish a six-month
moratorium on any new development proposals including demolitions except those properties
deemed unsafe, new construction over 2,000 square feet, and additions exceeding fifty-percent
(50%) of the existing total square footage within all five (5) of the City's historic districts.
Given recent concerns over the level and type of development affecting historic preservation
efforts within all five (5) of the City's historic districts, the City Commission, on March 6, 2006
supported the implementation of a six-month moratorium on any new development proposals
including, but not limited to, demolitions, new construction, and additions. Some development
actions could continue during the moratorium including demolitions of structures deemed
unsafe by the City's Chief Building Official, new construction if 2,000 square feet or less, and
additions not exceeding fifty-percent (50%) of the existing structures square footage. The
moratorium will not prevent the relocation of historic structures from other places, into any of
the districts nor apply to properties in any historic district zoned CF or CBD.
During the moratorium, Staff will work with residents within the five (5) historic districts to
establish an overlay district similar to that of the Beach Property Overlay Districts. This overlay
would place additional development regulations specific to each district, with the intent to
assure that all new development respects and is visually compatible with the surrounding
neighborhood character in terms of architectural style, scale, and massing. Possible solutions
could include the establishment of maximum lot coverage and floor area ratio, an increase in
the minimum required open space, reductions of maximum heights, and/or application of
additional setback requirements for all second-story elements. Current zoning districts located
within the historic districts include R-1-A and R-1-AA (Single-Family Residential), RO
(Residential Office), RL (Multi-Family Residential, Low Density), RM (Multi-Family Residential,
Medium Density), CF (Community Facility), CBD (Commercial Business District), and OSSHAD
(Old School Square Historic Arts District). The ordinance includes all zoning districts located
within a historic district with the exception of CF and CBD.
The Planning and Zoning Board reviewed the item at its March 20, 2006 meeting and
recommended approval of the moratorium as presented, by a vote of 7-0. The Board was in
\O~
City Commission Documentation, April 4, 2006
6-Month Moratorium in Historic Districts
Page 2
support of the moratorium date being retroactive to March 6, 2006, when the City Commission
first considered the item.
Approve the moratorium ordinance to establish a six-month moratorium on any new
development proposals including demolitions except those properties deemed unsafe, new
construction over 2,000 square feet, and additions exceeding fifty-percent (50%) of the existing
total square footage within all five (5) of the City's historic districts.
Prepared by: Amy E. Alvarez, Historic Preservation Planner
Attachments:
· Planning and Zoning Memorandum Staff Report, March 20, 2006
ORDINANCE NO. 14-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH, ESTABLISHING A TEMPORARY BUILDING
MORATORIUM FOR ANY DEMOLITION AND DEVELOPMENT
PROPOSAL LOCATED IN ANY OF THE CITY'S FIVE HISTORIC
DISTRICTS FOR PROPERTIES NOT ZONED COMMUNITY
FACILITIES (CF) OR CENTRAL BUSINESS DISTRICT (CBD)
AND WHICH EXCEEDS CERTAIN SQUARE FOOTAGES, AND
AS FURTHER DEFINED HEREIN FOR A PERIOD OF SIX (6)
MONTHS FROM THE DATE OF ADOPTION OF THIS
ORDINANCE; PROVIDING FOR GEOGRAPHIC AREA
COVERED; PROVIDING FOR THE DURATION OF
MORATORIUM; PROVIDING A SAVINGS CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission has determined that the City's historic districts need
further protection and wishes to enact a six month moratorium on any demolition and/or
construction of new structures (greater than 2000 sq. ft.) or additions, where the addition exceeds
50% of the square footage of the existing structure; and
WHEREAS, the City needs a period of time in which City staff may work with the residents
of these districts in order to draft appropriate overlay guidelines to assure that future development
respects the surrounding neighborhood character in terms of architectural style, scale and
massing; and
WHEREAS, this zoning ordinance is adopted pursuant to the City's Home Rule Powers as
set forth in Florida Statutes Chapter 166; and
WHEREAS, this ordinance is enacted in compliance with Florida Statutes Section
166.041 (3)(c); and,
WHEREAS, pursuant to LOR Section 1.1.6, the Planning and Zoning Board reviewed the
proposed text amendment at a public hearing held on March 20, 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; and
WHEREAS, this moratorium is rationally related to the City's attempt to preserve its
historic district communities and the City will undertake a comprehensive review of its Land
Development Regulations; and
WHEREAS, the City Commission gave direction to City staff at its March 6, 2006
Commission meeting to draft a moratorium ordinance; and
WHEREAS, all development plans officially received by the City prior to the effective date
of this Ordinance shall be processed in accordance with the City's current LOR's.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA:
Section 1. TEMPORARY BUILDING MORATORIUM. All activities relatino to the
acceptance, review and action upon permit applications for the demolition and/or
construction of new structures (in excess of 2000 sq. ft.) or additions, where the addition
exceeds 50% of the square footaoe of the existino structure, are temporarilv suspended in
order for the City of Delrav Beach, throuoh its officials and staff, to have adequate time and
opportunity to develop additional development reoulations specific to each district in order
to provide that future development would respect the surroundino neiohborhood character
in terms of architectural stvle. scale and massinq. Based upon the foreooinq, there is
hereby imposed a temporary moratorium on the acceptance, review and action upon
permit applications for the demolition and/or construction of new structures (in excess of
2000 sq. ft.) or additions, where the addition exceeds 50% of the square footaoe of the
existino structure, located in any of the City's five historic districts. Durino the time the
temporary moratorium is in effect. the City will accept no applications for permits for the
demolition and/or construction of new structures and additions located in the historic
districts.
Applications for new construction that propose a total buildinQ area of 2000 square feet or
less shall be accepted and reviewed and may be constructed if the proiect is approved bv
the Historic Preservation Board. This moratorium shall not have any effect on those
developments.
In the event that a structure is declared unsafe bv the Chief Buildino Official of Delrav
Beach in accordance with Article 7.8 of the Land Development Reoulations, then that
2
ORD. NO. 14-06
structure may be demolished and this moratorium shall not prevent the demolition of the
structure. In the event that a new structure is proposed for this same area. the new
structure must have a total buildinq area of 2000 SQ. ft.. or less. in order to be allowed to
proceed throuQh the City's development process while the moratorium is in effect. In the
event that a new structure is proposed with a total buildinq area qreater than 2000 SQ. ft.
the proposed development shall not be accepted for review until the moratorium has
expired.
This moratorium shall not prevent the relocation of historic structures. from other places.
into any of the City's historic districts. provided. that the relocation must still follow the
reoular development process.
Section 2. GEOGRAPHIC AREA COVERED. A temporary moratorium established in this
ordinance shall be effective in the five historic districts of the City of Delrav Beach. which
are the Nassau Street District. Marina District. Del-Ida Park. Old School Square and West
Settlers District. as described in Section 4.5.1 (L) of the LDR's. However. this moratorium
does not affect property that is located in any one of the five historic districts with a zonino
desiqnation of Community Facilities (CF) or Central Business District (CBD).
Section 3. DURATION OF MORATORIUM. The temporary moratorium set forth in this
ordinance shall take effect immediatelv upon the effective date of this ordinance and shall
terminate six (6) months after the said effective date. The City will accept no applications
which are subiect to the moratorium until the moratorium has expired.
Section 4. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder hereof as a whole or part thereof other
than the part declared to be invalid.
Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 6. That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this _ day
of , 2006.
3
ORD. NO. 14-06
ATTEST:
CITY CLERK
First Reading
Second Reading
MAYOR
4
ORD. NO. 14-06
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING DATE:
MARCH 20, 2006
,\
AGENDA NO.:
IV. D
AGENDA ITEM:
CONSIDERATION OF A 6-MONTH MORATORIUM ON DEMOLITIONS,
ADDITIONS, AND NEW CONSTRUCTION IN THE CITY'S FIVE
HISTORIC DISTRICTS.
The item before the Board is that of making a recommendation to the City Commission on
establishing a six-month moratorium on any new development proposals including demolitions
except those properties deemed unsafe, new construction over 2,000 square feet, and
additions exceeding fifty-percent (50%) of the existing total square footage for all five (5) of the
City's historic districts.
Given recent concerns over the level and type of development affecting historic preservation
efforts within all five (5) of the City's historic districts, the City Commission, on March 6, 2006
supported the implementation of a six-month moratorium on any new development proposals
including, but not limited to, demolitions, new construction, and additions. Some development
actions could continue during the moratorium including demolitions of structures deemed
unsafe by the City's Chief Building Official, new construction if 2,000 square feet or less, and
additions not exceeding fifty-percent (50%) of the existing structures square footage. The
moratorium will not prevent the relocation of historic structures from other places, into any of
the districts nor apply to properties in any historic district zoned CF or CBD.
During the moratorium, Staff will work with residents within the five (5) historic districts to
establish an overlay district similar to that of the Beach Property Overlay Districts. This overlay
would place additional development regulations specific to each district, with the intent to
assure that 'all new development respects and is visually compatible with the surrounding
neighborhood character in terms of architectural style, scale, and massing. Possible solutions
could include the establishment of maximum lot coverage and floor area ratio, an increase in
the minimum required open space, reductions of maximum heights, and/or application of
additional setback requirements for all second-story elements. Current zoning districts located
within the historic districts include R-1-A and R-1-AA (Single-Family Residential), RO
(Residential Office), RL (Multi-Family Residential, Low Density), RM (Multi-Family Residential,
Medium Density), CF (Community Facility), CBD (Commercial Business District), and OSSHAD
(Old School Square Historic Arts District). The ordinance includes all zoning districts located
within a historic district with the exception of CF and CBD.
The overlay guidelines could apply to one or more historic districts as deemed appropriate by
City Staff, Advisory Boards, Residents, and Commission.
A
Planning and Zoning Board Memorandum Staff Report, March 20, 2006
6-Month Moratorium in Historic Districts
Page 2
A review of the applicable policies and objectives in the Comprehensive Plan which would
support this action and its potential outcomes was conducted. The following objective and
policy were found.
.\
Housing Element Objective A-12.1, 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 policy:
Housing Element Policy A-12.4 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
size and scale of new homes to be consistent with the 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.
The implementation of the six-month moratorium and the ultimate creation of parameters which
will clarify what is deemed compatible development within each district will protect and preserve
the character of the historic districts and is in keeping with the goals of the Comprehensive Plan
as noted above.
Historic Preservation Board:
The Historic Preservation Board (HPB) reviewed the item at its March 15, 2006 meeting and
recommended denial of the moratorium ordinance as presented. Their main concern centered
on the effective date which is retroactive to City Commission's moratorium ordinance initiation
date of March 6, 2006. The Board felt they could support the moratorium, if its effective date
was the ordinance's second reading date, tentatively scheduled for April 18, 2006. Staffs
concerns with a delayed date is that it would result in a last minute rush of applications of
incomp~tible structures which would then require staff review, board action and appeals of
those actions to City Commission. It is noted that with the exception of demolitions (except if
unsafe), new construction of similar sized structures (up to 2,000 sq. ft.), and additions of up to
50% of the existing structure can continued to be submitted and be considered by the Board
during the moratorium period.
The six-month moratorium is in response to recent development trends within the historic
districts of structures which are out of scale and massing with the character of the districts. The
moratorium will allow the creation of additional parameters that will assist developers in
determining what would be considered compatible within each district. The proposed
moratorium will provide the time to create these parameters consistent with and furthering the
Goals, Objectives and Policies of the Comprehensive Plan.
IV.D
Planning and Zoning Board Memorandum Staff Report, March 20, 2006
6-Month Moratorium in Historic Districts
Page 3
-..;:
Recommend approval of the moratorium ordinance to the City Commission establishing a six-
month moratorium on any new development proposals including demolitipfls except those
properties deemed unsafe, new construction over 2,000 square feet, and additions exceeding
fifty-percent (50%) of the existing total square footage for all five (5) of the City's historic
districts.
Prepared by: Amy E. Alvarez, Historic Preservation Planner
Attachments:
· City Manager Memorandum to City Commission dated March 3, 2006
· City Commission Documentation dated March 6, 2006
· Proposed Ordinance 14-06
IV.D
City of Delray Beach
Memo
,\
To: City Commission
From: City Managerf141
cc:
Date: March 3, 2006
Re: Historic Districts
I have become alarmed that we are in danger of having our historic districts destroyed by
mansionization. On Wednesday the Historic Preservation Board approved the partial
demolition of an 1,100 square foot house in the Del Ida Park historic district at 711 N.
Swinton, and construction of an "addition" which will result in a total square footage for this
house of 4,275. At 527 N. Swinton, facing much opposition from neighbors, the Board
delayed a decision on a request to demolish a contributing structure and replace it with a new
house with detached garage and guest house totaling 4,600 square feet.
On March 15, the Historic Preservation Board will consider a request to build three houses on
the property on the west side of Seacrest between NE 6th Street and NE 1'" Street with
square footages of 5,246, 5,452 and 5,009. The house formerty on these properties has
already been demolished. There is a fourth lot for which plans have not yet been submitted.
If six houses of this size are approved, I believe it will lead .to the essential destruction of the
Del Ida Park Historic District. The historic rhythm and ambiance of the district, the historic
character of the buildings and the open space patterns around each house will all be lost.
The historic homes will be swallowed up and overwhelmed by the new mega houses being
built in the district.
While the City Attomey and I believe that our current code gives sufficient basis for denying
permits for these homes as being incompatible with the historic district due to their size and
mass, the Historic Preservation Board is of the opinion that they do not have such power, and
have requested specific guidelines further limiting Floor Area Ratio, Lot coverage, bui1ding
height and required green space. Therefore, I strongly recommend that the Commission
direct the Planning and Zoning Commission to consider a moratorium on any further
demolitions and large scale construction in all our historic districts for six months to allow staff
to work with the residents of these districts and develop further appropriate limitations on
development in these districts to protect their essential historic character.
1
C{f
)O~ QoclfMqNt
SUBJECT:
Df\p;;l DE
PAUL DORlING RECTOR OF PLANNING AND ZONING
AMY E. ALVAREZ. HISTORIC PRESERVATION PLANNE@
MEETING OF MARCH 6, 2006
REQUEST TO CONSIDER A SIX-MONTH MORATORIUM OF NEW
DEVELOPMENT PROPOSALS LOCATED PARTICULARLY IN THE DEL-IDA
PARK HISTORIC DISTRICT AND/OR ALL OTHER HISTORIC DISTRICTS.
TO:
THROUGH:
FROM:
Given recent concerns over the level and type of development affecting historic preservation
efforts within all five (5) of the City's historic districts, but more particularly the Del-Ida Park
Historic District, it has been suggested that the City Commission consider a six-month
moratorium of any new development proposals including, but not limited to, demolitions, new
construction, and additions. During this time, Staff will work with the residents of the Del-Ida
Park Historic Oistrict as well as the four other districts to establish an overlay district similar to
that of the Beach Property Overlay Districts, which would place additional development
regulations specific to each district, assuring that all new development respects the surrounding
neighborhood character in terms of architectural style, scale, and massing.
Possible solutions could include the establishment of a maximum lot coverage and floor area
ratio, an increase in the minimum required open space, and application of additional setback
requirements for all second-story elements. Current zoning districts located within the Del-Ida
Park Historic District include R-1-AA (Single-Family Residential), RO (Residential Office), and
RL (Multi-Family Residential, Low Density), all of which have a building height limit of thirty-five
feet (35') and a minimum open space requirement of twenty-five percent (25%). The R-1-AA
zoning district requires a minimum lot size of 9,500 square feet and a minimum floor area of
1,200 square feet, while the RO and RL zoning districts require a minimum lot size of 8,000
square feet with a maximum lot coverage of forty percent (40%). Zoning designations in the
other historic districts include R-1-A and R-1~AA (Single-Family Residential), RM (Multi-Family
Residential, Medium Density), CF (Community Facility), CBO (Commercial Business District),
and OSSHAD (Old School Square Historic Arts District).
The overlay guidelines could apply to one or more historic districts as deemed appropriate by
City Staff, Advisory Boards, Residents, and Commission. If the Commission supports this
initiative, an ordinance must be prepared, advertised, and considered by the Historic
Preservation Board and Planning and Zoning Board and approved by City Commission.
Recommend processing an ordinance to establish a six-mouth moratorium on any new
development proposals including, but not limited to, demolitions, new construction, and
additions for all five (5) of the City's historic districts.
MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER (TtV/
AGENDA ITEM # \ 6~ - REGULAR MEETING OF APRIL 18.2006
ORDINANCE NO. 21-06
TO:
SUBJECT:
DATE:
APRIL 14, 2006
This ordinance is before Commission for second reading and public hearing to amend 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.
At the first reading on March 17, 2006, the Commission passed Ordinance No. 21-06.
Recommend approval of Ordinance No. 21-06 on second and final reading.
S:\City Clerk\agenda memos\Ord. No. 21-06 Generator 041806
\05
MEMORANDUM
FROM:
MAYOR AND CI1Y COMMISSIONERS
CI1Y MANAGER ttJv1
AGENDA ITEM # \ ~ 1\ - 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(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. The attached memo from Chief Koen provides additional information.
Recommend approval of Ordinance No. 21-06 on first reading.
S:\City Clerk\agenda memos\Ord. No. 21-06 Generator 032106
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All-America City
11111! MEMORANDUM
1993
200 I 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
Fm[FH:~;( :) F pi'
: ~ L
, : "RID/I, 33444
may take some time as we will need considerable input from the potentially affected
users.
\/~~''- ~
Kerry B. Koen
Fire Chief
Coordinator of Emergency Services
KBKJmlb
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
""
[ITY DF DElRAY BEA[H
CITY ATTORNEY'S OFFICE
, '\w j ,>[ :WENt '
.FHONE. Sill!
i .!~\ Y BEACH. FLORIDA 33444
. I\CSIM[LE: :'16[/278-4755
Writer's Direct Line: 561/243-7090
DELRAY BEACH
Dad
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 wantinq to
install qenerators.
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. 21-06
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRA Y 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 INSTALLATION
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
W AWED; PROVIDING A GENERAL REPEALER CLAUSE,
A SAVING CLAUSE, AND AN EFFECTWE 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 and voted to to
recommend that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the change is consistent with and does
further the goals, objectives and policies ofthe Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan; and
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. 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 by the City Commission of the City of Delray Beach this the
day of , 2006.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
2
ORD. NO. 21-06
Publix to install backup power so customers can get ice, fresh food after hurricanes: SouL. Page 1 of 3
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MBA'IN'SPORTK1ANAGEMENT
Publix to install backup power so customers
can get ice, fresh food after hurricanes
COLU
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By Jaclyn 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 photof]oe
Cavaretta) Joyce Lain Kl
Mar 14, 2006 CAREERS NOV
em Publix get
generators
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."
youl
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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-sentine1.comlbusinessllocal/sfl-zpublix 14mar14,0, 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.
sif.~~
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TO:
THRU:
FROM:
SUBJECT:
DAVID T. HAROPa1J ")1~A~R
PAUL DORLING, DIRECTORi.4[~ LAN.N..-i: I. N..G_ . A. NO ZONING
DERRICK COOK, PLANNER~
MEETING OF APRIL 18, 2006
APPROVAL OF ORDINANCE 6-06 MODIFYING THE SAD
ORDINANCE FOR UNITED STOR-ALL Cfka DELRAY BEACH
EXTRA CLOSET) WHICH INCLUDES AN INCREASE TO ALLOW
TWO ADDITIONAL STORAGE BUILDINGS TOTALING 17.700
SQ. FT.
The subject property is a 4.95 acre tract located on the east side of Military Trail
approximately 2,450 feet south of Lak~ Ida Road. The property was annexed into the
City in 1989 via City Ordinance No. 28-89. The Ordinance applied an SAD zoned district
for the property and incorporated a site development plan, which allowed the
construction of two (2) one-story self-storage buildings. The two self-storage buildings
with a total floor area of 76,230 sq. ft. was a four phased project: Phase I, 18,000 sq. ft.,
Phase II, 20,250 sq. ft., Phase III, 18,000 sq. ft., and Phase IV, 19,980 sq. ft. Phase I
and II, a total of 38,250 sq. ft., has been constructed. Pursuant to LDR Section 2.4.4(D),
as the completion of the Phase I and II represent at least 25% of the construction, the
project is a vested development, and can be completed as approved.
The proposal before the Commission is an amendment of the SAD, (processed as a
rezoning) which involves modification of the approved site plan. The modification will
involve the addition of two self-storage facility buildings bordering the south side of the
property. One of the proposed buildings will be placed toward the east end of the
property having a width of 30' and a length of 490' (totaling 14,700 sq. ft). The second
building will be located toward the front of the property (west end) and have a width of
20' and a length of 150' (totaling 3,000 sq. ft.) and both buildings will be one-story in
height. The proposal will retain a total of six (6) parking spaces with one being handicap
accessible. Additional vehicle parking is available on the internal driveway access
system that allows customers to safely park in front of their storage units without
impeding internal circulation.
At is meeting of January 23, 2006, the Planning and Zoning Board held a public hearing
in conjunction with review of the request. One person from the public spoke in
opposition to the proposed modification. After discussion, the Board voted 7-0 to
recommend to the City Commission approval of the amendment to SAD Ordinance No.
28-89 based upon positive findings of LDR Section 3.1.1 and 3.2.2(D), and LDR Section
2.4.5(D)(5) (Rezoning Findings), and the Goals, Objectives and Policies of the
Comprehensive Plan subject to conditions identified in the staff report and the following:
\QL
City Commission Documentation
Meeting Date: April 18, 2006
Extra Closet SAD Modification- Ordinance No. 6-06
Page 2
1. That the project is fully reviewed and approved by the Site Plan Review and
Appearance Board (SPRAB) with regards to site plan, exterior elevations, civil
engineering, and landscaping; and,
2. That the proposed new exterior elevations on Military Trail be extended along the
north and south side elevations at least 30 feet eastward from the front fac;ade.
The City Commission, at its February 7, 2006 meeting, approved the first reading of
Ordinance 6-06, which modified the (Special Activities District) Ordinance.
The Site Plan Review and Appearance Board (SPRAB), at its March 22, 2006 meeting,
approved the Class IV site plan modification for United Stor-AII with the conditions
provided in Exhibit A and subject to a reduction in the exterior elevation extension
requirement of 30' (Planning and Zoning Board condition) to a minimum of 12'. The
SAD Ordinance is now before the Commission for a Second Reading.
By motion, approval of SAD Ordinance 6-06 to change the name of the SAD from
Delray Beach Extra Closet to United Stor-AII and to expand the United Stor-AII to allow
two additional self-storage buildings totaling 17,700 sq.ft., based upon positive findings
of LOR Sections 3.1.1 and 3.2.2(0), and LDR Section 2.4.5(D)(5) (Rezoning Findings),
and the Goals, Objectives and Policies of the Comprehensive Plan subject to conditions
in the Exhibit A.
Attachments:
· Proposed Extra Closet SAD Ordinance No. 6-06
· Exhibit A
· Location Map
· SPRAB Staff Report
Report prepared by: Derrick Cook, Planner
ORDINANCE NO. 6-06
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AMENDING
ORDINANCE NO. 28-89 BY AMENDING SECTION 5 TO
AILOW FOR THE ADDITION OF 1WO SELF SERVICE
STORAGE FACILITY BUILDINGS TOTALING 17,700
SQUARE FEET TO THE PROPERTY AND AMENDING
THE LAND DEVELOPMENT REGULATIONS SECTION
4.4.25(G), "S.A.D.s", SUBSECTION (1) TO REFLECT THE
NAME CHANGE FROM "THE EXTRA CLOSET" TO
"UNITED STOR-AIL"; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, an application has been received for a modification to The Extra Closet S.A.D.
(Special Activities District) as established by Ordinance 28-89, to add two more self service storage
facility buildings totaling 17,700 square feet; and
WHEREAS, at its meeting of January 23, 2006, the Planning and Zoning Board for the City
of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 7 to 0
to recommend that the request be approved, based upon positive findings and subject to conditions;
and
WHEREAS, pursuant to Horida Statutes 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the changes are consistent with and
further the objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1.
That the recitations set forth above are incorporated herein.
Section 2.
read as follows:
That Section 5 of Ordinance 28-89 be, and the same is hereby amended to
Section 5. That the development of the property described in Section 1, above,
is to be in accordance with the approved site and development plans prepared by l<cllday ltft8
~\ssoeiates Caulfield and Wheeler. Inc. as approved by the City COmmf3sion Site Plan
Review and Appearance Board on September 23, 1986 March 22. 2006 and s~ed
approved uader the signature of Stan ~'eedon on November 10, 1986 all of which Me ~
incorporated by reference and made a part hereof and upon which the City has relied in
granting this approval.
Section 3. That Section 4.4.25(G), "S.A.D.s", Subsection (1), of the Land Development
Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read:
(1) The Extra Closet, Ordinance No. 28-89, which established the Extra Closet
S.A.D. is t"modified by Ordinance No. 6-06. which is now named United Stor-All;
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 5. That should any section or prOViSIon of this ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof
other than the part declared to be invalid.
Section 6. That this ordinance shall become effective immediately upon passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
_ day of ,2006.
ArrEST
MAYOR
City Clerk
First Reading
Second Reading
2
ORD NO. 6-06
Exhibit A
SPRAB Site Plan Engineering Technical Items:
1. Palm Beach County permits are required for this project. Provide copies of the County Right-of-
Way permit, drainage permit and utility permit.
2. Health Department permits are required for this project. Provide copy of the water permit.
3. A SFWMO permit is required for this project. Provide copies of permit modification or a letter of
exception.
4. A LWOD permit is required for this project. Provide copies of permit or a letter of exception.
5. Show swale and grading on the south side of buildings "B" and "C".
6. Indicate proposed paving elevations and existing and proposed site grades.
7. Provide a typical cross section from building "C" to adjacent property. Show the existing grades
on adjacent property.
8. Site is required to retain 5 year 1 hour storm (3.2") in addition to meeting water quality criteria
(1"0. Provide signed and sealed drainage calculations and indicate how storm water will be
retained on site.
9. Provide certified exfiltration trench test results.
10. Provide paving cross section.
11. Clearly indicate limits of new pavement.
12. Clearly dimension driveway width. Maximum width of driveway is 24 feet.
13. Clearly indicate on plans the limits and types of all curbing.
14. Handicap spaces are to be provided in accordance with Florida Accessibility Code for Building
Construction.
15. Verify that two parallel 8" water mains are required through the site.
16. All connections to existing water mains shall be made while the water main is under normal
working pressure. If this cannot be accommodated, the design shall incorporate special
provisions such as line-stops to minimize the impact on existing customers.
17. Indicate on plans the location of pigging wyes.
18. On sheet 8 of 11, remove the word "fire" from 8" water main call out.
19. Provide 12 foot water easement over water mains.
20. Provide copy of permitted 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.
Exhibit A
Page 2
22. A minimum 10' general utility easement is to be provided through the property.
23. A certified engineer's estimate will be required for all City maintained improvements. A 110%
surety and 2% engineering inspection fees will be required. A Financial Guarantee and
Agreement for Completion of Required Improvements is required. This agreement can be
obtained at www.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. Project is over one (1) acre in size; provide a copy of FDEP Notice of Intent.
25. Provide a detailed description of how each of these comments has been addressed with next
submittal, along with two sets of revised plans to the Engineering Department, 434 S. Swinton
Avenue.
26. All utilities serving the development shall be placed underground. This must be noted on the site
plan.
27. Additional comments may follow upon provision of requested information.
SPRAB Landscape Technical Items:
28. Pursuant to LDR Section 4.6.16(H) (4) (d), foundation landscaping shall be provided for building
elevations that are visible from the adjacent right-of-way. The applicant shall clearly delineate
and identify all existing landscaping along the south side of the existing building and elsewhere
on the site. The applicant shall provide foundation landscaping along the west side of the
building and the landscaping along the south side of the building shall be upgraded There shall
be vertical landscape elements to soften the fa~ade and the planting shall be tiered, utilizing
various shrub plantings and ground cover.
29. Pursuant to LDR Section 4.6.16(D) (4) (a), the applicant shall provide the location of all overhead
lines (if any). The ultimate mature height and width of a tree to be planted should not exceed the
available overhead growing space. Tree species shall be consistent with the recommendations in
the most recent publication of FPL's "Plant the Right Tree in the Right Place".
30. Black Olive trees are considered to be a nuisance species and should not be planted. However,
because they already exist on site, the Black Olive trees to be saved should only be used to fill in
the gaps along the north and east sides of the property to complete the existing row of Black
Olive trees. This will maintain some continuity. Any additional Black Olive trees should be
removed. The note on the plan indicates that the gaps on the north and west sides of the site will
be planted with the Black Olives.
31. Pursuant to LDR Section 4.6.16(H) (3) (a), a hedge wall or other durable landscape area and at
least one (1) shade tree for every thirty (30) linear feet shall be placed along the interior perimeter
of the required landscape strip that separates the vehicular use area from the adjacent right-of-
way. Though a hedge was proposed to be planted adjacent to the two (2) parking stalls and the
handicap space along the west side of the property, one (1) shade tree shall be planted on the
west side of the two (2) parking stalls. Per 4.6.16(H) (4) (c) the applicant shall provide screening
for all ground level air conditioning units and other mechanical equipment. The air conditioning
units on the north side of the existing building shall be screened.
32. Per 4.6.16(H) (4) (c) the applicant shall provide screening for all ground level air conditioning
units and other mechanical equipment. The air conditioning units on the north side of the existing
building shall be screened.
Exhibit A
Page 3
33. Per 4.6.16(E) (3) all landscape areas shall be separated from vehicular use areas by car stops or
non-mountable, reinforced concrete curbing of the type characterized as ''Type 0". This would
include the existing parking areas.
34. A concrete area is proposed between the cul-de-sac and the building and just to the east of the
cul-de-sac. Pavement in that location shall be eliminated. That area shall be a green area with
landscaping.
35. There is a green area between the outside of the existing perimeter wall and the property lines.
The applicant shall be responsible to landscape and maintain these areas. Access to these
areas, without encroachment onto other properties, for maintenance of the wall and landscaping
shall be provided.
36. Per 4.6.16(H) (3) (I) one (1) shade tree or equivalent number of palm trees shall be planted in
every interior island. A tree shall be planted in the island on the east side of the two parking stalls
(between the parking stalls and building). A second tree shall be planted in the island that is
centered between the four parking spaces (west of building "C"). A third tree shall be planted in
the island on the east end of the four spaces.
37. There are conflicts between proposed landscaping and various utilities running through required
landscape islands. The applicant shall show all utilities on the landscape plan to avoid conflicts.
38. When a driveway intersects a right-of-way, no hedge, wall or fence can be installed or maintained
at a height that exceeds thirty-six (36) inches for a distance of twenty (20) feet from the
intersection of the two property/right-of-way lines. The plan shows only a ten (10) foot triangle.
39. The landscape calculations are inaccurate. Please submit calculations that accurately reflect the
square footage of plant material that is being provided.
40. That should any material relocated die in the field the tree should be replaced with code required
acceptable tree.
41. That all water and all easements be located in hardscape areas excluding any landscape areas.
42. That the applicant is strongly urged to look at utilizing a ficus vein along the perimeter of the wall.
43. That all mechanical equipment is appropriately screened.
SPRAB Architectural Elevations Condition:
44. That the new architectural features on the front facade of the existing building be extended along
the north and south side elevations at least twelve (12) feet eastward of the front fa(fade and
three copies of the revised plans are to be submitted.
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DELRA Y BEACH EXTRA CLOSET
CITY or DELRAY BEACH, FL
PLANNING'" ZONING DEPARTMENT
-- DIGITAL BASE MAP SYSTEM --
BRADY SOULEVARD
SARRETT
STREET
MAP REf: LM900
SITE PLAN REVIEW AND APPEARANCE BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
March 22, 2006
VI.B.
Delray Extra Closet - Class IV Site Plan, Landscape Plan and Architectural
Elevations associated with the construction of two 1- story self-storage buildings
totaling 17,700 Sq.ft. and modification to the existing building front fa<;ade located on
14216 Military Trial south of Lake Ida Road.
MEETING DATE:
AGENDA ITEM:
ITEM:
GENERAL DATA:
Owner/Agent.................. Storage Partners of Delray,
LLC/Caulfield & Wheeler, Inc.
Location.......................... 14216 Military Trail south of Lake
Ida Road
Property Size.................. 4.95 acres
Future Land Use Map..... Transitional
Current Zoning............... SAD (Special Activities District)
Adjacent Zoning....North: RM (Medium Residential Density)
East: RM (Medium Residential Density)
South: CF(Community Facility)
West: RL (Low Residential Density)
Existing Land Use.......... Self-storage facility
Proposed Land Use........ Expansion of the facility to include
two additional self-storage buildings
totaling 17,700 Sq.ft.
Water Service................. Existing on site.
Sewer Service................ Existing on site.
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VI.B.
The action before the Board is approval of the following aspects of a Class IV Site Plan for the
Delray Extra Closet, pursuant to LDR Section 2.4.5(G):
o Site Plan;
o Landscape Plan; and
o Architectural Elevations
The subject property is located on the east side of Military Trail, approximately 2,450' south of
Lake Ida Road (14216 Military Trail).
The subject property is a 4.95-acre tract located on the east side of Military Trail, approximately
2,450 feet south of Lake Ida Road. The property was annexed into the City in 1989 via City
Ordinance No. 28-89. The Ordinance applied an SAD zoning district to the property and
incorporated a site development plan, which allowed the construction of two (2) one-story self-
storage buildings with a total floor area of 76,230 sq. ft. The approval was for the development
to occur in four phases: Building 1 - Phase I, 18,000 sq. ft. and Phase II, 20,250 sq. ft.; and
Building 2 - Phase III, 18,000 sq. ft., and Phase IV, 19,980 sq. ft. Both phases of Building 1,
with a total of 38,250 sq. ft., have been constructed. Pursuant to LDR Section 2.4.4(D), as the
completion of this building represents at least 25% of the approved project, the project is a
vested development, and can be completed as approved.
In 2005, a Class I site plan modification was administratively approved, which included the
installation of a cul-de-sac at the eastern end of the site and a corresponding offset in the Phase
III and IV building to accommodate this modification.
At its January 23, 2006 meeting, the Planning and Zoning Board recommended to the City
Commission approval of an amendment to the SAD, processed as a rezoning, and modification
of the site plan for the Extra Closet self-storage facility. This modification is to allow two
additional self-storage buildings on the site. The Planning and Zoning Board recommended
approval of the modification to the SAD, subject to the conditions contained in the staff report
and the added conditions that the project is fully reviewed and approved by the Site Plan
Review and Appearance Board (SPRAB) with regards to site plan, exterior elevations, civil
engineering, and landscaping, and that SPRAB consider that the new architectural features on
the front (west) elevation of the existing building be extended along the north and south sides
for approximately 30 feet.
Ordinance No. 6-06, which modifies the SAD to allow expansion of the self storage facility, went
before the City Commission for First Reading on February 7, 2006. The City Commission
deferred the Second Reading of the Ordinance until the Site Plan Review and Appearance
Board has reviewed the project for approval.
The development proposal consists of the following:
. Construction of two additional 1-story self-storage buildings: one 14,700 sq. ft. and one
3,000 sq. ft.;
· Construction of 6 parking spaces, including one handicap accessible space;
Site Plan Review & Appearance Board Staff Report - Meeting of March 22, 2006
Delray Extra Closet - Class IV Site Plan, Landscape Plan, and Architectural Elevations
Page 2
. Installation of associated landscaping; and
. Modification of the existing building including:
Removal of the overhangs from the west (front) and south (side) elevations;
Removal of an existing window and door from the south side;
Installation of decorative bronze colored windows with white aluminum framing;
Installation of pacific blue awnings; and
Installation of a seattle blue standing-seam metal roof
COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS:
Items identified in the Land Development Regulations shall specifically be addressed by
the body taking final action on the site and development application/request.
LOR Chapter 4.6 Supplementary Districts
Parkina
The applicant has provided six (6) parking spaces with one handicap accessible space.
Pursuant to the SAD zoning district development regulations, required parking can be
established by the site plan. If this project were being developed pursuant to the special
regulations of Section 4.3.3(A), Self-Service Storage Facilities (SSSF), parking would be
required at a rate of one (1) space per 5,000 sq. ft. of building floor area devoted to self-storage
and accessory management/administration uses. Based on the modified site plan with a total of
93,930 sq. ft. of storage and office space, this equates to a total of nineteen (19) parking
spaces. However, under those same regulations, a reduction is allowed if a sufficient number of
storage units have direct vehicular access, and internal driveways are designed to allow
customers to safely park in front of their storage units without impeding internal circulation.
Upon review, the site plan provides adequate room in front of each storage unit to allow for
loading and unloading without impeding vehicular circulation, therefore, a parking reduction can
be supported.
Perimeter Setbacks for SADs
Pursuant to Section 4.4.25(0)(1), a minimum setback of 15 feet shall be established around the
perimeter of any property developed under the SAD designation. Within the front and any side
street setback, the 15-foot setback shall be landscaped and no pavement shall be allowed
therein except for pedestrian ways and driveways which provide access to the property and
which are generally perpendicular to the abutting street. The setbacks for both the existing
building and the proposed buildings exceed the minimum requirement. The new buildings
provide a 152.2' front, 15.3' side, and 17.1' rear setback.
Liahtina
Pursuant to LOR Section 4.6.8, site lighting, limited to a maximum height of 25', must be
provided on-site and be consistent with the illumination level requirements included in this
section. Further, cutoff luminaries or fixtures provided with cut-off shielding shall be used
around the perimeter of a facility in order to limit glare and light spillage onto adjacent
properties.
According to the photometric plan included with the submittal, standard "shoe-box" style light
fixtures will be provided. The light fixtures will be limited to the parking lot and loading and
Site Plan Review & Appearance Board Staff Report - Meeting of March 22, 2006
Delray Extra Closet - Class IV Site Plan, Landscape Plan, and Architectural Elevations
Page 3
unloading areas. The proposed pole mounted fixture will be 20' above finished grade and the
wall mounted fixtures will be 12', which complies with LOR Section 4.6.8. The proposed
illumination levels are also in compliance.
LOR Section 4.3.4 Base District Development Standards:
Buildina Heiaht:
Pursuant to LOR Section 4.3.4(K), Development Matrix, within the SAO zoning district, the
maximum building height is 48'. There is also a 15' maximum height requirement within the
special regulations for Self-Service Storage Facilities. The proposed two new buildings will be
one-story (10 feet) in height, which meets both of these requirements.
Open Space
Pursuant to LOR Section 4.3.4(K), within SAO zone district, a minimum of 25% open space is
required. With a total of 36.27% provided, the open space requirement is met.
LOR Section 6.1.8 Underaroundina of Utilities:
Pursuant to Section 6.1.8, utility facilities serving the development shall be located underground
throughout the development. A note indicating this must be added to the plans.
Site & Enaineerina Plan Technical Items: While the revised site plan has been submitted
to accommodate staff concerns, the Engineering Department has not reviewed the
revised site plan. The original comments are included in Appendix C and are to be
addressed prior to building permit submittal.
A landscape plan has been submitted and evaluated by the City Horticulturalist. The landscape
plan generally complies with the City's landscape requirements. There are several technical
items that need to be addressed.
Landscape Plan Technical Items: While the landscape plan has accommodated most of
the staff concerns the following items remains outstanding, and must be addressed prior
to building permit submittal:
1. Pursuant to LOR Section 4.6.16(H) (4) (d), foundation landscaping shall be provided for
building elevations that are visible from the adjacent right-of-way. The applicant shall
clearly delineate and identify all existing landscaping along the south side of the existing
building and elsewhere on the site. The applicant shall provide foundation landscaping
along the west side of the building and the landscaping along the south side of the
building shall be upgraded There shall be vertical landscape elements to soften the
fayade and the planting shall be tiered, utilizing various shrub plantings and ground
cover.
2. Pursuant to LDR Section 4.6.16(0) (4) (a), the applicant shall provide the location of all
overhead lines (if any). The ultimate mature height and width of a tree to be planted
should not exceed the available overhead growing space. Tree species shall be
consistent with the recommendations in the most recent publication of FPL's "Plant the
Right Tree in the Right Place".
Site Plan Review & Appearance Board Staff Report - Meeting of March 22, 2006
Delray Extra Closet - Class IV Site Plan, Landscape Plan, and Architectural Elevations
Page 4
3. Black Olive trees are considered to be a nuisance species and should not be planted.
However, because they already exist on site, the Black Olive trees to be saved should
only be used to fill in the gaps along the north and east sides of the property to complete
the existing row of Black Olive trees. This will maintain some continuity. Any additional
Black Olive trees should be removed. The note on the plan indicates that the gaps on
the north and west sides of the site will be planted with the Black Olives.
4. Pursuant to LDR Section 4.6.16(H) (3) (a), a hedge wall or other durable landscape area
and at least one (1) shade tree for every thirty (30) linear feet shall be placed along the
interior perimeter of the required landscape strip that separates the vehicular use area
from the adjacent right-of-way. Though a hedge was proposed to be planted adjacent to
the two (2) parking stalls and the handicap space along the west side of the property,
one (1) shade tree shall be planted on the west side of the two (2) parking stalls. Per
4.6.16(H) (4) (c) the applicant shall provide screening for all ground level air conditioning
units and other mechanical equipment. The air conditioning units on the north side of
the existing building shall be screened.
5. Per 4.6.16(H) (4) (c) the applicant shall provide screening for all ground level air
conditioning units and other mechanical equipment. The air conditioning units on the
north side of the existing building shall be screened.
6. Per 4.6.16(E) (3) all landscape areas shall be separated from vehicular use areas by car
stops or non-mountable, reinforced concrete curbing of the type characterized as "Type
Dn. This would include the existing parking areas.
7. A concrete area is proposed between the cul-de-sac and the building and just to the east
of the cul-de-sac. Pavement in that location shall be eliminated. That area shall be a
green area with landscaping.
8. There is a green area between the outside of the existing perimeter wall and the
property lines. The applicant shall be responsible to landscape and maintain
these areas. Access to these areas, without encroachment onto other
properties, for maintenance of the wall and landscaping shall be provided.
9. Per 4.6.16(H) (3) (I) one (1) shade tree or equivalent number of palm trees shall be
planted in every interior island. A tree shall be planted in the island on the east side of
the two parking stalls (between the parking stalls and building). A second tree shall be
planted in the island that is centered between the four parking spaces (west of building
"Cn). A third tree shall be planted in the island on the east end of the four spaces.
1 O. There are conflicts between proposed landscaping and various utilities running through
required landscape islands. The applicant shall show all utilities on the landscape plan
to avoid conflicts.
11. When a driveway intersects a right-of-way, no hedge, wall or fence can be installed or
'maintained at a height that exceeds thirty-six (36) inches for a distance of twenty (20)
feet from the intersection of the two property/right-of-way lines. The plan shows only a
ten (10) foot triangle.
12. The landscape calculations are inaccurate. Please submit calculations that accurately
reflect the square footage of plant material that is being provided.
Site Plan Review & Appearance Board Staff Report - Meeting of March 22, 2006
Delray Extra Closet - Class IV Site Plan, Landscape Plan, and Architectural Elevations
Page 5
LOR Section 4.6.18(BH14l 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 modified front elevation for the existing building involves an ensemble of complementary
colors consisting of mocha cream, pacific sand and white trim. The blue roof and awnings
combined with the decorative windows provide a nice accent to the Floridian presentation of the
building.
The two new buildings will border the south side of the property which is adjacent to a U.S. Post
Office within the CF (Community Facilities) zoning district. One of the new buildings, placed
toward the east end of the property, will have a total of 14,700 sq. ft. with a width of 30' and a
length of 490'. The second building will be located toward the front of the property (west end)
and will have a total of 3,000 sq. ft. with a width of 20' and a length of 150'. Both buildings will
be one-story in height. These long and narrow rectangular buildings will have shed roofs
covered with galvalume steel roof panels. To compliment the proposed colors on the existing
building, the ribbed metal wall panels will be lightstone and the roll-up doors will be lightstone
tan. Overall, the proposed modifications will improve the aesthetics of the site and will be in
harmony with developments in the general area. Thus, a positive finding can be made with
respect to LOR Section 4.6.18 (E), provided all conditions of approval are met.
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, written materials
submitted by the applicant, the staff report, or minutes. Findings shall be made by the
body which has the authority to approve or deny the development application. These
findings relate to the following areas:
LOR Section 3.1.1 (A) - Future Land Use Map:
The subject property has a Future Land Use Map designation of TRN (Transitional) and a
zoning designation of SAD (Special Activities District) which are consistent with one another.
The existing self storage facility is a permitted use on the property as defined by the approved
site plan included as part of the SAD Ordinance. Modification of the SAD to expand the existing
facility is being processed as a rezoning application. Thus, positive findings can be made with
respect to FLUM consistency.
Site Plan Review & Appearance Board Staff Report - Meeting of March 22, 2006
Delray Extra Closet - Class IV Site Plan, Landscape Plan, and Architectural Elevations
Page 6
LDR Section 3.1.1 (B) - Concurrency:
As described in Appendix "A", a positive finding of concurrency can be made as it relates to
water and sewer, streets and traffic, drainage, parks and recreation, open space, solid waste,
and schools.
LDR Section 3.1.1 (C) - Consistency (Standards for Site Plan Actions):
As described in Appendix "B", a positive finding of consistency can be made as it relates to
Standards for Site Plan Actions.
LDR Section 3.1.1 (D) - Compliance with the Land Development Regulations:
As described under the Site Plan Analysis section of this report, a positive finding of compliance
with the LDRs can be made when all outstanding items attached as conditions of approval are
addressed.
Comprehensive Plan Policies:
A review of the objectives and policies of the Comprehensive Plan was conducted and the
following applicable objective was noted.
Future Land Use Element Obiective A-1: Property shall be developed or redeveloped in a
manner so that the future use and intensity is appropriate in terms of soil, topographic
and other applicable physical considerations; is complimentary to adjacent land uses;
and fulfills remaining land use needs.
By practice and policy, the SAD zoning designation is deemed consistent with the underlying
land use as shown on the Future Land Use Map (FLUM). The FLUM designation "Transitional"
appropriately reflects the existing land use (self-storage facility) on the property. Along Military
Trail, a combination of commercial, industrial, residential, and public facility uses exist. The
modification of the SAD to allow expansion of an existing self-storage facility will not negatively
impact the existing land uses in the area. Additionally, because of its low intensity, the self
storage facility provides a suitable transition between the higher intensity use to the south (U.S.
Post Office), and the medium density residential uses to the north. In terms of fulfilling land use
needs, the City has experienced a rapid increase in multi-family development in recent years.
Many of these units do not have garages or other space for adequate storage. Expansion of an
existing facility is the most cost effective method to provide additional self storage space within
the City.
The development proposal is not within a geographical area requIring review by the DDA
(Downtown Development Authority) or CRA (Community Redevelopment Agency).
Courtesy Notices:
A special courtesy notice was provided to the following homeowners and/or civic organizations:
. Neighborhood Advisory Council
. President Council
. Progressive Residents of Delray (PROD)
. High Point Section 6 & 7
Site Plan Review & Appearance Board Staff Report - Meeting of March 22, 2006
Delray Extra Closet - Class IV Site Plan, Landscape Plan, and Architectural Elevations
Page 7
. High Point Delray West 1, 2, & 3
. Country Manor
. Rainberry Woods
. Lees Crossing
Letters of objection or support, if any, will be presented at the Site Plan Review and Appearance
Board (SPRAB) meeting.
The development proposal involves modification of the front (west) fac;ade of the existing
building and construction of two additional self-storage buildings, one 3,000 S.F and the other
14,700 S.F. These site plan modifications are being processed via an amendment to the
existing SAD created by Ordinance 28-89. The development proposal is consistent with the
Comprehensive Plan and meets criteria set forth in Section 2.4.5(G), and Chapter 3 of the Land
Development Regulations, provided the attached conditions of approval are addressed.
A. Continue with direction.
B. Move approval of the Class IV site plan, landscape plan and architectural elevations for
Delray Extra Closet, 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(G), and Chapter 3 of the Land Development Regulations, subject
to conditions.
C. Move denial of the Class IV site plan, landscape plan and architectural elevations for Delray
Extra Closet, by adopting the findings of fact and law contained in the staff report, and
finding that the request is inconsistent with the Comprehensive Plan and does not meet
criteria set forth in Section 2.4.5(G) and Chapter 3 of the Land Development Regulations.
By Separate Motions:
Site Plan:
Move approval of the request for a Class IV site plan for Delray Extra Closet, 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(G)(5), and Chapter 3 (Performance Standards) of the Land Development Regulations,
subject to the following condition:
1. That the applicable Site and Engineering Plan Technical Items as indicated in Appendix
C of the staff report are addressed and three (3) copies of the revised plans are
submitted.
Site Plan Review & Appearance Board Staff Report - Meeting of March 22, 2006
Delray Extra Closet - Class IV Site Plan, Landscape Plan, and Architectural Elevations
Page 8
Landscape Plan:
Move approval of the landscape plan for Delray Extra Closet, by adopting the findings of fact
and law contained in the staff report, and finding that the request meets criteria set forth in
Section 4.6.16 of the Land Development Regulations, subject to the following condition:
1. That all Landscape Technical Items are addressed and three (3) copies of the revised
plans are submitted.
Architectural Elevations:
Move approval of the architectural elevations for Delray Extra Closet, by adopting the findings
of fact and law contained in the staff report, and finding that the request meets criteria set forth
in Section 4.6.18(E) of the Land Development Regulations, subject to the following condition:
1. That the new architectural features on the front fa<;ade of the existing building be
extended along the north and south side elevations at least 30 feet eastward of the front
fa<;ade and three (3) copies of the revised plans are submitted.
Report prepared by: Derrick L. Cook, Planner
Attachments:
. Appendix A
. Appendix B
. Appendix C
. Site Plan
. Landscape Plan
. Architectural Elevations
Pursuant to LOR Section 3.1.1 (B), Concurrency, as defined pursuant to Objective B-2 of the 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: The facility is already served by water and sewer service. Expansion of the facility to
provide additional storage space will not impact these facilities. Based upon the above, positive findings
can be made with respect to these levels of service standards.
Streets and Traffic: The subject property is located on Military Trail, approximately 2,450' south of Lake
Ida Road. Pursuant to LDR Section 2.4.3(D)(2), developments proposals which generate 200 or less ADT
shall be accompanied by a traffic statement. A traffic statement has been submitted that indicates the
proposed additional 17,700 square feet of self storage space will generate an additional 44.25 ADT
(17,700 x 2.5/1000 = 44.25). This additional traffic is minimal and will not impact the level of service on
Military Trail. Thus a positive finding with respect to this level of service standard can be made.
Parks and Open Space: Park dedication requirements do not apply for non-residential uses. Thus, the
proposed development will not have an impact with respect to this level of service standard.
Solid Waste: Trash generated each year by the additional 17,700 square feet of self storage space will be
46 tons (5.2 Ibslsf x 17,700/2000 = 46). The Solid Waste Authority has indicated that its facilities have
sufficient capacity to handle all development proposals until the year 2021, thus a positive finding with
respect to this level of service standard can be made.
Drainaqe: Drainage will be accommodated on-site via a system of inlets and exfiltration trenches under
the main drive aisle and dry retention areas located on the north side of the property. There appears to be
no problems anticipated in accommodating on-site drainage; however, the Engineering Department does
have technical comments regarding drainage that will need to be addressed before issuance of a building
permit. Based upon the above, positive findings with respect to this level of service standard can be
made.
Schools: The project contains no residential component. Therefore, school concurrency is not applicable.
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
Does not meet intent
X (subject to condition of approval)
B. Separation of different forms of transportation shall be encouraged. This includes
pedestrians, bicyclists, and vehicles in a manner consistent with policies found
under Objectives D-1 and D-2 of the Transportation Element.
Not applicable 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 X
Meets intent of standard
Does not meet intent
D. The City shall evaluate the effect that any street widening or traffic circulation
modification may have upon an existing neighborhood. If it is determined that the
widening or modification will be detrimental and result in a degradation of the
neighborhood, the project shall not be permitted.
Not applicable X
Meets intent of standard
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 X
Meets intent of standard
Does not meet intent
Appendix B
Page 2
F. Vacant property shall be developed in a manner so that the future use and
intensity are appropriate in terms of soil, topographic, and other applicable
physical considerations; complementary to adjacent land uses; and fulfills
remaining land use needs.
Not applicable
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 X
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.
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 X
Meets intent of standard
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
1. Palm Beach County permits are required for this project. Provide copies of the County Right-of-
Way permit, drainage permit and utility permit.
2. Health Department permits are required for this project. Provide copy of the water permit.
3. A SFWMD permit is required for this project. Provide copies of permit modification or a letter of
exception.
4. A LWDD permit is required for this project. Provide copies of permit or a letter of exception.
5. Show swale and grading on the south side of buildings "B" and "C".
6. Indicate proposed paving elevations and existing and proposed site grades.
7. Provide a typical cross section from building "C" to adjacent property. Show the existing grades
on adjacent property.
8. Site is required to retain 5 year 1 hour storm (3.2") in addition to meeting water quality criteria
(1"0. Provide signed and sealed drainage calculations and indicate how storm water will be
retained on site.
9. Provide certified exfiltration trench test results.
10. Provide paving cross section.
11. Clearly indicate limits of new pavement.
12. Clearly dimension driveway width. Maximum width of driveway is 24 feet.
13. Clearly indicate on plans the limits and types of all curbing.
14. Handicap spaces are to be provided in accordance with Florida Accessibility Code for Building
Construction.
15. Verify that two parallel 8" water mains are required through the site.
16. All connections to existing water mains shall be made while the water main is under normal
working pressure. If this cannot be accommodated, the design shall incorporate special
provisions such as line-stops to minimize the impact on existing customers.
17. Indicate on plans the location of pigging wyes.
18. On sheet 8 of 11, remove the word "fire" from 8" water main call out.
19. Provide 12 foot water easement over water mains.
20. Provide copy of permitted Landscape plan.
21. Provide per LDR Section 2.4.3 (F) (4), a composite utility plan that show the location of all
existing and proposed utilities (water, sewer, power, telephone, gas, cable and drainage). The
composite plan shall be signed by a representative of each utility provider attesting to the fact that
Appendix C
Page 2
22. 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.
23. A minimum 10' general utility easement is to be provided through the property.
24. A certified engineer's estimate will be required for all City maintained improvements. A 110%
surety and 2% engineering inspection fees will be required. A Financial Guarantee and
Agreement for Completion of Required Improvements is required. This agreement can be
obtained at www.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.
25. Project is over one (1) acre in size; provide a copy of FDEP Notice of Intent.
26. Provide a detailed description of how each of these comments has been addressed with next
submittal, along with two sets of revised plans to the Engineering Department, 434 S. Swinton
Avenue.
27. All utilities serving the development shall be placed underground. This must be noted on the site
plan.
28. Additional comments may follow upon provision of requested information.
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[IT' DF DElRAY BEA[H
CITY ATTORNEY'S OFFICE
I I' \\\ i ,IWI" I "f, i In Y BEACH. FLORIDA 33444
! I i 1.!'II():'d~(,' . I\CSI:'dILE: 561/278-4755
DELRAY BEACH
F l 0 ~ I l) ^
lae:III
All-America City
, III I! DATE:
Writer's Direct Line: 561/243-7091
MEMORANDUM
April 3, 2006
1993
2001
TO:
City Commission
David Harden, City Manager
p0
FROM:
Terrill C. Barton, Assistant City Attorney
SUBJECT: Vandalism of Lifequard Towers Ordinance No. 22-06
Attached please find an ordinance amending Section 101.23, "Criminal Trespass" I
to clarify that buildings shall include but not be limited to lifeguard towers.
Please place this ordinance on the April 18, 2006 City Commission agenda and
call if you have any questions.
Thank you.
TCB:smk
Attachment
cc: Chevelle Nubin, City Clerk
lAA
ORDINANCE NO. 22- 06
AN ORDINANCE OF THE CI1Y COMMISSION OF THE
CI1Y OF DELRA Y BEACH, FLORIDA, AMENDING
CHAPTER 101 , "MUNICIPAL PARKS, BEACHES AND
OTHER RECREATIONAL SITES", OF THE CODE OF
ORDINANCES OF THE CI1Y OF DELRA Y BEACH, BY
AMENDING SECTION 101.23, "CRIMINAL TRESPASS",
TO CLARIFY THAT BUILDINGS SHALL INCLUDE BUT
NOT BE LIMITED TO LIFEGUARD TOWERS;
PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, there has been an increase in vandalism of lifeguard towers recendy; and
WHEREAS, the City Commission has determined it to be in the public's best interest to
clarify that it shall constitute criminal trespass to enter any building that is closed or not available for
public use, including a lifeguard towers.
NOW, THEREFORE, BE IT ORDAINED BY THE CI1Y COMMISSION OF THE
CI1Y OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 101, "Municipal Parks, Beaches and other Recreational Sites",
Section 101.23, "Criminal Trespass", of the Code of Ordinances of the City of Delray Beach,
Florida, be, and the same is hereby amended to read as follows:
Section 101.23
CRIMINAL TRESPASS.
(A) No person shall remain within any park, recreation or municipal beach site
who does not abide by conditions adopted and posted by the Parks and Recreation
Department for the preservation of good order and the protection of property within the
park. No person shall remain within any park, recreation or municipal beach site who does
not abide by the instructions and directions of the duly authorized peace officers or agents
of the department, in the lawful performance of their duties. No person shall enter any
building that is closed or not available for the public use including but not limited to
lifeguard towers. Any person directed by a police officer or agent of the department to leave
the park, recreation or municipal beach site shall do so prompdy and peaceably.
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.
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. 22-06
ORDINANCE NO. 23-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY 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 INVITATIONS
TO NEGOTIATE 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, Invitations to
Negotiate will not be subject to the competitive bid requirements of Chapter 36; and
WHEREAS, the Invitation to Negotiate process will be used when the City is seeking a
response which involves a novel approach or technological solution.
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. except as
set forth in subsection (i) and (ii) below.
ill Personal Services Contracts are contracts that involve a particular skill or
ability, such as, but not limited to, contracts for artistic work, that are dependent upon specialized
expertise, skill and experience. Personal Services Contracts are not subject to the competitive
bid requirements of this Chapter, unless required by State law.
!ill Invitations to Neaotiate. An Invitation to Neaotiate is a process that may be
used bY the City when it is seekina a response which involves a novel approach or technoloaical
solution reaardina the purchase of services and/or products. Invitations to Neaotiate are not
subiect to the competitive bid reauirements of this Chapter. unless reauired by State law.
~\\<b~
~~\~o\~\~~. ~~-o~~. I~ \&..~
(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 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.
[IT' DF DELRAY BEA[H
0/\
~
CITY ATTORNEY'S OFFICE
2()() NW hi AVENUE. DEFRAY BEACH, FLORIDA 33444
TELEPHONE: :'\61/2C13-7()<)(). FACSIMilE :'\61/278-47:'\5
DELRAY BEACH
f L. 0 II I lJ A
Dad
AII.America City
Writer's Direct Line: 561/243-7091
" II I! DATE:
MEMORANDUM
April 14, 2006
1993
2001 TO:
FROM:
City Commission
David Harden, .9-itv Manager
~-----
Brian Shutt, Assistant City Attorney
SUBJECT: . Clarification of Purchasina Procedures Reaardina Invitations to
Neaotiate
The attached ordinance clarifies that Invitations to Negotiate, such as where the
City is seeking a response which involves a novel approach or technological
solution (Wifi umbrella over the downtown area), will not be awarded based on a
competitive bid process but will be awarded primarily based on the approach or
solution that is submitted in response to an invitation to negotiate.
This clarification is needed as the City will be sending out an "Invitation to
Negotiate" for the 'Wifi Umbrella over the Downtown Area" project. This item was
discussed at the April 11, 2006 Commission workshop meeting.
Our office requests that this item be placed on the April 18, 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. 23-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY 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 INVITATIONS
TO NEGOTIATE 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, Invitations to
Negotiate will not be subject to the competitive bid requirements of Chapter 36; and
WHEREAS, the Invitation to Negotiate process will be used when the City is seeking a
response which involves a novel approach or technological solution.
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. except as
set forth in subsection (i) and (ij) below.
ill. Personal Services Contracts are contracts that involve a particular skill or
ability, such as, but not limited to, contracts for artistic work, that are dependent upon specialized
expertise, skill and experience. Personal Services Contracts are not subject to the competitive
bid requirements of this Chapter, unless required by State law.
!ill Invitations to Neaotiate. An Invitation to Neaotiate is a process that may be
used bv the City when it is seekinq a response which involves a novel approach or technoloaical
solution reqardina the purchase of services and/or products. Invitations to Bid are not subiect to
the competitive bid requirements of this Chapter, unless required bv State law.
(8) 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 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.
LEWIS, LONGMAN &WALKER, P.A
ATTORNEYS AT LAW
7)1\
vVf
, ELPING SHAPE
FLORIDA'S FUTURE@
REPLVTo: TALLAHASSEE
www.l1w-law.com
MEMORANDUM
TO:
Susan A. Ruby, City Attorney
City of Delray Beach
FROM:
Jim Linn
DATE:
April 14, 2006
RE:
City Retirement Plans -- Amendments to Comply with IRS Regulations
on Mandatory Distributions
Background: In 2005, the U.S. Internal Revenue Service issued Notice 2005-5 relating to the
automatic rollover provisions in section 40l(a)(3l)(B) of the Internal Revenue Code (IRC). This
section requires that mandatory distributions of more than $1,000 from a qualified retirement
plan be paid in a direct rollover to an individual retirement account {IRA) at a designated
financial institution -- if the distributee does not make an election to have the distribution paid in
another manner. The plan administrator is required to notify each participant to whom a
mandatory distribution is going to be made that, unless the participant makes an affirmative
election, the distribution will automatically be paid to an IRA in a direct rollover.
The term "mandatory distribution" refers to any distribution that is made without the
participant's consent and before the participant attains the later of age 62 or normal retirement
age. A distribution to a surviving spouse or alternative payee is not a mandatory distribution for
purposes of the automatic rollover requirements of s40l(a)(31)(B). Sections 411(a)(ll) and
417(e) of the Code permit qualified plans to include provisions allowing for the immediate
distribution of a separating participant's benefit without the consent of the participant where the
present value ofthe nonforfeitable accrued benefit is less than $5,000.
Notice 2005-5 states that the automatic rollover requirements of S 401(a)(31) do apply to state or
local government plans, including defined benefit plans established under S 40l(a) and deferred
compensation plans established under S 457(b). Consequently, to the extent that a government
plan provides for mandatory distribution of benefit amounts below a specified amount, or a
mandatory refund of pre-tax member contributions upon separation prior to vesting, such
distribution would be subject to the automatic rollover provisions of S 401(a)(31)(B). This
means that if a participant does not submit an election or cannot be located, the plan
Bradenton
1001 3rd Avenue West
Suite 670
Bradenton, FL 34205
(941) 708-4040
Fax: (941) 708-4024
Jacksonville
9428 Baymeadows Road
Suite 625
Jacksonville, FL 32256
(904) 737-2020
Fax: (904) 737-3221
Tallahassee
Post Office Box 10788 (32302)
125 South Gadsden Street. Suite 300
Tallahassee, FL 3230]
(850) 222-5702
Fax: (850) 224-9242
West Palm Beach
] 700 Palm Beach Lakes Blvd.
Suite 1000
West Palm Beach, FL 33401
(561) 640-0820 \ "'\ ('\
Fax: (561)640-8202 ~
April 14, 2006
Page 2
administrator must set up an IRA In the participant's name at a bank or other financial
institution.
Provisions of City Retirement Plan that Could Result in Mandatory Distributions of More
than $1,000:
Section 35.097(F) of the General Employees' Retirement Plan authorizes the pension board to
make a lump sum payment of the actuarial value of a member's benefit if the monthly benefit is
less than $50.00. This could result in a mandatory distribution of more than $1,000.
Section 33.62 of the Police and Firefighters Retirement System provides for a mandatory refund
of employee contributions, plus interest, to a member who terminates City employment with less
than 10 years of service. This could result in a mandatory distribution of more than $1,000.
Plan Amendments: To avoid the automatic IRA requirements of section 401(a)(31), many
pension experts recommend (and we concur) that all mandatory distributions in excess of$I,OOO
be replaced with voluntary elections. In this manner, a member would have to elect to receive a
lump sum distribution, and ifhe or she does not make such an election, the benefit would be paid
to a vested member in monthly installments in accordance with the plan; and in the case of a
non-vested member, the member's contributions would continue to accrue interest until the
member elects to receive.
The attached plan amendments implement this recommendation for all mandatory distributions
that are greater than $1,000.
Please call me if you have any questions concerning these matters.
JWLIes
Attachments
4-14-06
ORDINANCE NO. 24-06
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING CHAPTER 35, "EMPLOYEES POLICIES
AND BENEFITS", SUBHEADING "RETIREMENT
PLAN", OF THE CODE OF ORDINANCES OF THE
CITY OF DELRA Y BEACH, FLORIDA, BY
AMENDING SECTION 35.097, "RETIREMENT
INCOME; BASIS, AMOUNT AND PAYMENT", TO
PROVIDE FOR PAYMENT OF LUMP-SUM
DISTRIBUTIONS IN EXCESS OF $1,000.00 ONLY
UPON THE WRITTEN ELECTION OF A MEMBER OR
DESIGNATED BENEFICIARY; PROVIDING A
GENERAL REPEALER CLAUSE; PROVIDING A
VALIDITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH AS FOLLOWS:
Section 1. That Chapter 35, "Employee Policies and Benefits", subheading, "Retirement
Plan", of the Code of Ordinances of the City of Delray Beach is hereby amended by
amending subsection (F) of section 35.097, "Lump-Sum payment of Small Retirement
Income", and adding a new subsection (0) to section 35.097, "Lump-Sum Distributions
in Excess of $1000", to read as follows:
Section 35.097 RETIREMENT INCOME: BASIS. AMOUNT. AND PAYMENT.
*
*
*
(F) Lump-Sum Payment of Small Retirement Income. Notwithstanding any provision
of the plan to the contrary, if the monthly retirement income payable to any person
entitled to any benefit hereunder is less than fifty dollars ($50.00), the Retirement
Committee may, in the exercise of its discretion, specify that the actuarial equivalent of
the retirement income be paid in a lump sum or in monthly installments for a period
certain of not more than sixty (60) months: provided. if the actuarial eauivalent of the
monthly retirement income is greater than one thousand dollars ($1.000.00). payment of
the benefit in a lump sum shall be made only upon the written request of a member or
designated beneficiary.
.
.
.
(0) Lump-Sum Distributions in Excess of $1000. Notwithstanding any provision of
the plan to the contrary. and only to the extent a lump sum distribution is expressly
authorized. a lump sum distribution in excess of one thousand dollars ($1.000.00) shall be
made only upon the written reauest of a member or designated beneficiary.
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, or word be declared by a court of competent jurisdiction
to be invalid, such decision shall not operate to invalidate the remainder hereof.
Section 4. That this ordinance shall become effective immediately upon its passage on
second and final reading.
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
LEWIS, LONGMAN &WALKER, P.A
ATTORNEYS AT LAW
VI(
mJ1
'HELPING SHAPE
FLORIDA'S FUTURE@
REPLY To: TALLAHASSEE
www.llw-Iaw.com
MEMORANDUM
TO:
Susan A. Ruby, City Attorney
City of Delray Beach
FROM:
Jim Linn
DATE:
April 14, 2006
RE:
City Retirement Plans -- Amendments to Comply with IRS Regulations
on Mandatory Distributions
Background: In 2005, the U.S. Internal Revenue Service issued Notice 2005-5 relating to the
automatic rollover provisions in section 401(a)(31)(B) of the Internal Revenue Code (IRC). This
section requires that mandatory distributions of more than $1,000 from a qualified retirement
plan be paid in a direct rollover to an individual retirement account (IRA) at a designated
financial institution -- if the distributee does not make an election to have the distribution paid in
another manner. The plan administrator is required to notify each participant to whom a
mandatory distribution is going to be made that, unless the participant makes an affirmative
election, the distribution will automatically be paid to an IRA in a direct rollover.
The term "mandatory distribution" refers to any distribution that is made without the
participant's consent and before the participant attains the later of age 62 or normal retirement
age. A distribution to a surviving spouse or alternative payee is not a mandatory distribution for
purposes of the automatic rollover requirements of 9401(a)(31)(B). Sections 411(a)(Il) and
417(e) of the Code permit qualified plans to include provisions allowing for the immediate
distribution of a separating participant's benefit without the consent of the participant where the
present value of the nonforfeitable accrued benefit is less than $5,000.
Notice 2005-5 states that the automatic rollover requirements of 9 401(a)(31) do apply to state or
local government plans, including defined benefit plans established under 9 401(a) and deferred
compensation plans established under 9 457(b). Consequently, to the extent that a government
plan provides for mandatory distribution of benefit amounts below a specified amount, or a
mandatory refund of pre-tax member contributions upon separation prior to vesting, such
distribution would be subject to the automatic rollover provisions of 9 401(a)(31)(B). This
means that if a participant does not submit an election or cannot be located, the plan
Bradenton
100 I 3rd A venue West
Suite 670
Bradenton, FL 34205
(941) 708-4040
Fax: (941) 708-4024
Jacksonville
9428 Baymeadows Road
Suite 625
Jacksonville, FL 32256
(904) 737-2020
Fax: (904) 737-3221
Tallahassee
Post Office Box 10788 (32302)
125 South Gadsden Street. Suite 300
Tallahassee, FL 32301
(850) 222-5702
Fax: (850) 224-9242
West Palm Beach
1700 Palm Beach Lakes Blvd.
Suite 1000
West Palm Beach, FL 33401
(561) 640-0820 \ ""'\ r'\.
Fax: (561) 640-8202 cJ-4-J
April 14, 2006
Page 2
administrator must set up an IRA In the participant's name at a bank or other financial
institution.
Provisions of City Retirement Plan that Could Result in Mandatory Distributions of More
than $1,000:
Section 35.097(F) of the General Employees' Retirement Plan authorizes the pension board to
make a lump sum payment of the actuarial value of a member's benefit if the monthly benefit is
less than $50.00. This could result in a mandatory distribution of more than $1,000.
Section 33.62 of the Police and Firefighters Retirement System provides for a mandatory refund
of employee contributions, plus interest, to a member who terminates City employment with less
than 10 years of service. This could result in a mandatory distribution of more than $1,000.
Plan Amendments: To avoid the automatic IRA requirements of section 401(a)(31), many
pension experts recommend (and we concur) that all mandatory distributions in excess of $1,000
be replaced with voluntary elections. In this manner, a member would have to elect to receive a
lump sum distribution, and ifhe or she does not make such an election, the benefit would be paid
to a vested member in monthly installments in accordance with the plan; and in the case of a
non-vested member, the member's contributions would continue to accrue interest until the
member elects to receive.
The attached plan amendments implement this recommendation for all mandatory distributions
that are greater than $1,000.
Please call me if you have any questions concerning these matters.
JWL/es
Attachments
4-14-06
Draft 2
ORDINANCE NO. 25-06
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AMENDING
CHAPTER 33, "POLICE AND FIRE DEPARTMENTS",
SUBHEADING "PENSIONS", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRA Y BEACH,
FLORIDA, BY AMENDING SECTION 33.62, "BENEFIT
AMOUNTS AND ELIGffiILITY", AND SECTION 33.67
"OTHER PROVISIONS", TO PROVIDE FOR PAYMENT OF
LUMP-SUM DISTRIBUTIONS IN EXCESS OF $1,000.00
ONLY UPON THE WRITTEN ELECTION OF A MEMBER
OR DESIGNATED BENEFICIARY; PROVIDING A
GENERAL REPEALER CLAUSE; PROVIDING A SAVINGS
CLAUSE; AND PROVIDING AN EFFECTNE DATE.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH AS FOLLOWS:
Section 1. That Chapter 33, "Police and Fire Departments", subheading,
"Pensions", of the Code of Ordinances of the City of Delray Beach is hereby amended by
amending Section 33.662 "BENEFIT AMOUNTS AND ELIGffiILITY", subsection (G),
"Vesting", to read as follows:
(G) Vesting.
(1) If a member terminates his employment with the Police or Fire Departments, either
voluntarily or by lawful discharge, and is not eligible for any other benefits under this system, he
shall be entitled to the following:
(a) Effective September 1, 1999, with less than ten (10) years of continuous service,
refund of member contributions with a noncompounded simple interest rate of three (3) percent
per year applied to the principal balance of the participant's contribution as accrued on December
31 of each year, per year. In the event the amount of member contributions with interest exceeds
one thousand dollars ($1.000.00), the refund of member contributions and interest shall be made
only upon the written reQuest of a member or designated beneficiary.
(b) With ten (10) or more years of continuous service:
1
4-14-06
Draft 2
(1) The pension benefit accrued to his date of termination, payable commencing
on the date which would have been his earliest normal retirement date had he remained in
employment, provided he does not elect to withdraw his member contributions; or
(2) Effective September 1, 1999, refund of member contributions with a
noncompounded simple interest rate of five (5) percent per year applied to the principal balance
ofthe participant's contribution as accrued on December 31 of each year.
(2) Any member of this system who, for whatever reason, has his employment with the City
as a police officer or firefighter terminated, but who remains with or was previously employed by
the City in some other capacity so that his total period of employment with the City is ten (10)
years or more, shall have all benefits accrued under this system preserved, provided he does not
elect to withdraw his member contributions. These accrued benefits shall be payable at his
otherwise normal retirement date, in accordance with the provisions of this system. For purposes
of determining normal retirement date under this vesting provision, continuous service shall
include all continuous employment with the City as an employee as herein defined as well as the
period of time subsequent to termination as a member of this system; however, benefits shall not
be payable under this system during any period of continued employment by the City. Upon the
written election of the Police Chief or Fire Chief not to participate in the system, the employment
of the Police Chief or Fire Chief shall be deemed terminated for the purpose of applying the
provisions of this system. A Police Chief or Fire Chief who terminates his participation in this
system shall not thereafter be eligible to receive benefits through this system while actively
employed by the City.
Section 2. That Chapter 33, "Police and Fire Departments", subheading,
"Pensions", of the Code of Ordinances of the City of Delray Beach is hereby amended by
amending Section 33.67 "OTHER PROVISIONS", to add a new subsection (H), "Lump-Sum
Distributions in Excess of$1000", to read as follows:
(H) Lump-Sum Distributions in Excess of $1000. Notwithstanding any provision of the
System to the contrary. and only to the extent a lump sum distribution is expressly authorized. a
lump sum distribution in excess of one thousand dollars ($1.000.00) shall be made only upon the
written request of a member or designated beneficiary.
Section 3. That all ordinances or parts of ordinances in conflict herewith be,
and the same are hereby repealed.
Section 4. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the remainder hereof as a whole or part
thereof other than the part declared to be invalid.
2
4-14-06
Draft 2
Section 5. That this ordinance shall become effective immediately upon its
passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this
the _ day of , 2006.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
3