05-02-06 Agenda Regular
City of Delray Beach
Regular Commission Meeting
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RULES FOR PUBLIC PARTICIPATION
Regular Meeting 6:00 p.m.
Public Hearings 7:00 p.m.
Commission Chambers
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. May 2. 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
Dekay Beach, Florida 33444
Phone: (561) 243-7000
Fax: (561) 243-3774
The City will furnish auxiliary aids and services to afford an individual with a
disability an opportunity to participate in and enjoy the benefits of a service,
program, or activity conducted by the City. Contact Doug Smith at 243-7010,
24 hours prior to the event in order for the City to accommodate your request.
Adaptive listening devices are available for meetings in the Commission
Chambers.
1. ROLL CALL.
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. AGENDA APPROVAL.
5. APPROVAL OF MINUTES:
. April 18, 2006 - Regular Meeting
. April 20, 2006 - Special Meeting
6. PROCLAMATIONS:
A. National Preservation Month - May 2006
B. Neurofibromatosis Awareness Month - May 2006
C. Aid to Victims of Domestic Abuse (A VDA) - 20th Anniversary
D. National Day of Prayer - May 4, 2006
7. PRESENTATIONS:
A. 17th Annual Delaire/Dekay Citizens for Dekay Police Charity Golf Tournament
Presentation to Police and Fire-Rescue - Perry DonFrancisco
B. S.P.I.R.I.T. (Service. Performance. Integrity, Responsibility, Innovation. Teamwork)
Committee Presentation
C. Anti-Litter Poster Contest Winners
D. Miracle League Update - Jeff Kadel
1. TRI-PARTY OPERATING AGREEMENT/MIRACLE LEAGUE
FIELD: Approve a Tri-Party Operating Agreement between the City, Miracle
League of Dekay Beach. Inc. (MLDB). and Anthony Pugliese. III as Trustee for
Anthony V. Pugliese. V for the Miracle League Field at Miller Park.
E. Recognition of Jan Kucera Winney and Susan Isreal- Circle on the Square
F. "Delray Beach.. . Get Caught Reading" Awards - Commissioner Fred Fetzer; William
Fay, Jr.. Principal, Banyan Creek Elementary School; Mary Stratos. Principal, Carver
Middle School; Maria Barber. Head Mistress, Unity School; and Annette Reizburg. Cold
Stone Creamery
G. "Principal of the Year" Awards - William Fay. Jr., Banyan Creek Elementary School;
Tammy Ferguson, Village Academy; and Lena Roundtree. Dekay Full Service Center
H. Tom Bishop Music Award - Keary Pence. Carver Middle School
I. Bexley Park Site Plan Presentation - Tim Sharp, CH2M Hill, Inc.
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8. CONSENT AGENDA: City Manager Recommends Approval.
A. RATIFICATION OF THE SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD ACTIONS: Approve and ratify the
actions of the South Central Regional Wastewater Treatment and Disposal Board at
their Quarter Annual Meeting of April 20, 2006.
B. RESOLUTION NO. 22-06: Approve Resolution No. 22-06 assessing costs for
abatement action required to remove nuisances on four (4) properties throughout the
City.
C. ACCEPTANCE OF RIGHT-OF-WAY DEED/114 N.E. lit AVENUE: Approve
and accept a right-of-way deed associated with the development of 114 N .E. 1 51 Avenue,
located on the west side of N .E. 1 51 Avenue between N .E. 151 Street and N .E. 2nd Street.
D. REQUEST FOR SIDEWALK DEFERRAL/508 NORTH SWINTON
AVENUE: Approve a request to defer the installation of a sidewalk along N.W. 1'1
Avenue for 508 North Swinton Avenue. Staff recommends approval.
E. GRANT APPLICATION/UNITED STATES FIRE ADMINISTRATION/
FIRE ACT GRANT: Authorize staff to submit a Fire Act Grant application to the
United States Fire Administration for funding in the amount of $84,925.00 with a 20%
local match of $21,231.00 from the City for the replacement of two (2) Special Events
Response vehicles.
F. GRANT APPLICATION TO CHILDREN'S SERVICES COUNCIL:
Authorize staff to submit a grant application to the Children's Services Council (CSC)
for funding in the approximate amount of $315,702.35 for the City's out of school
program, day camps, and summer camp programs.
G. MOTOROLA SERVICE AGREEMENT: Approve an annual service agreement
with Motorola in the amount of $117,090.84 for service of the City's portable radios
and the equipment used for the City's 800 MHz dispatch system. Funding is available
from various departmental budgets.
H. SPECIAL EVENT REOUEST /9TH ANNUAL DOWNTOWN DELRAY
CRAFT FESTIVAL: Approve a special event request for the 9th Annual Downtown
Dekay Craft Festival sponsored by Howard Alan Events, Ltd. to be held May 27 and
May 28, 2006.
I. ADDENDUM NO. l/FLORIDA COMMUNITIES TRUST (fCT) GRANT
CONTRACT: Approve Addendum No.1 to the Florida Communities Trust (FC1)
Grant Contract which provides for an extension of the grant expiration date to August
31,2006.
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J. REOUEST TO EXTEND CLOSING HOURS FOR SANDOWAY PARKING
LOT: Approve a request to extend the closing hours to 12:00 a.m. (midnight) at the
Sandoway Parking Lot on Friday, June 23, 2006 to accommodate the Atlantic High
School Class of 1976 Thirty Year Reunion.
K AGREEMENT/PALM BEACH COUNTY/SOUTH COUNTY
COURTHOUSE GARAGE: Approve the renewal of the license Agreement between
the City and Palm Beach County for the utilization of the South County Courthouse
Garage on Thursday, Friday, and Saturday evenings and Sunday afternoons.
L. FINAL PAYMENT/RANDOLPH & DEWDNEY CONSTRUCTION, INC.:
Approve final payment in the amount of $32,697.97 to Randolph & Dewdney
Construction, Inc. for completion of the Fire Apparatus Maintenance Building Project.
Funding is available from 334-6111-519-62.10 (General Construction Fund/Buildings).
M. CHANGE ORDER NO.1 (CONTRACT CLOSEOUT)/FINAL PAYMENT /
MEF CONSTRUCTION, INC.: Approve Change Order No.1 (Contract Closeout)
in the amount of a $46,670.39 decrease and final payment in the amount of $33,737.48
to MEF Construction, Inc. for completion of the S.W. 12th Avenue, S.W. 11th Avenue,
and S.W. 3rd Street Infrastructure Improvements Project. Funding is available from
442-5178-536-65.97 (Water/Sewer Renewal & Replacement Fund/Other
Improvements/S.W. 12th Ave., S.W. 11 th Ave., and S.W. 3rd St.).
N. CHANGE ORDER NO.1 (CONTRACT CLOSEOUT)/FINAL PAYMENT /
MEF CONSTRUCTION. INC.lHIGH POINT WATER MAIN
INTERCONNECT: Approve Change Order No.1 (Contract Closeout) in the
amount of a $10,413.04 decrease and final payment in the amount of $7,814.15 to MEF
Construction, Inc. for completion of the High Point Water Main Interconnect Project.
Funding is available from 442-5178-536-65.29 (Water/Sewer Renewal & Replacement
Fund/High Point Interconnect).
O. CHANGE ORDER NO.5 (CONTRACT ADDITION.)/CHAZ EQUIPMENT
COMPANY. INC.: Approve Change Order No.5 (Contract Addition) in the amount
of $9,800.60 to Chaz Equipment Company, Inc. to the Swinton Avenue Beautification
Project for the application of "Tnemec" brand paint to the liquid chlorine bulk storage
secondary containment area in compliance with EP A (Environmental Protection
Agency) standards. Funding is available from 442-5178-536-64.45 (Water/Sewer
Renewal & Replacement Fund/Gas Chlorine Conversion).
P. REVISED DOWNTOWN MARKETING CO-OPERATIVE AGREEMENT:
Approve a Revised Downtown Marketing Co-operative Agreement (fonnerly known as
the Joint Venture) with the City, Community Redevelopment Agency, Downtown
Development Authority, and the Chamber of Commerce to combine all previous
agreements into one revised agreement.
Q. AUTHORIZATION TO FORECLOSE/700 AVENUE CHAUMONT/
CHATELAINE: Authorization to foreclose on 700 Avenue Chaumont, Chatelaine,
due to code enforcement liens.
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R. CLASS ACTION LAWSUIT/STARWOOD HOTELS (SHERATON/WESTIN
HOTELS): Approve participating in a class action lawsuit regarding Starwood Hotels,
including Sheraton and Westin Resorts, for breach of contract for failure to notify
guests that a "resort fee", facility fee" and/or "convenience fee" would be imposed.
S. RESOLUTION NO. 26-06: Approve Resolution No. 26-06 supporting Lake Worth
Drainage District's funding request of two (2) million dollars from the Florida
Legislature for the L-40 Berm Enhancement Project.
T. HOUSING REHABILITATION GRANT/CONTRACT AWARD: Approve a
Housing Rehabilitation grant/contract award, which exceeds the maximum amount of
$35,000.00, to an eligible family under the Community Development Block Grant
(CDBG) Program, in the amount of $61,940.00 to JMosca Builders, ILC (23 N.W. 9th
Street). Funding is available from 118-1963-554-49.19 (State Housing Initiatives
Partnership (SHIP) Program/Housing Rehabilitation).
U. AWARD OF BIDS AND CONTRACTS:
1. Contract award to Needham Roofing, Inc. in the amount of $259,663.00 for the
Pompey Park Center Re-Roofing Project. Funding is available from 334-4172-
572-46.10 (General Construction Fund/Building Maintenance).
2. Contract award to Kilbourne & Sons in the amount of $34,350.00 for the
restorations to the asphalt driveways in the Chatelaine Neighborhood required
after sidewalks were recently installed. Funding is available from 334-6130-541-
63.89 (General Construction Fund/Neighborhood Enhancements).
3. Purchase award to R&S Integrated Products and Services, Inc., as a sole source
vendor, in the amount of $20,880.00 for the purchase of an add-on to the
current LaserFiche Document Imaging System; including the purchase of a
document imaging scanner, licenses, set-up, training and software for the
Finance Department. Funding is available from 001-1511-513-64.11 (General
Fund/Computer Equipment).
4. Purchase award to Sensus Metering Systems, as a sole source purchase, in the
amount of $102,600.00 for the purchase of 800 transceiver units required to
upgrade existing water meters to radio water meter reading equipment for the
Finance Department. Funding is available from 442-5178-536-52.31 CWater/
Sewer Renewal & Replacement Fund/Water Meter Replacement under $750).
5. Contract award to Guidance Group in the total estimated amount of $75,996.43,
as a sole source vendor, for the repairs and/or replacement of several
''Wayfinder'' Signs damaged by Hurricane Wilma. Funding is available from
551-1575-591-45.50 (Business Insurance Fund/Property Claims).
6. Contract award to Castle Florida General Contractor in the amount of
$24,000.00 for repairs to Cason Cottage due to Hurricane Wilma. Funding is
available from 551-1575-591-45.50 (Business Insurance Fund/Property Claims).
05-02-2006
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7. Purchase award to PC Universe in the amount of $18,248.00 for the purchase of
PIX hardware for the Police firewall to include unrestricted software, failover
software, ethernet card, maintenance, and fiber optic cables. Funding is
available from 001-2113-521-64.11 (General Fund/Computer Equipment).
9. REGULAR AGENDA:
A. CONDITIONAL USE REQUESTS/VILLAGE PARC: Consider two (2)
conditional use requests to allow the construction of 104 townhome units within sixteen
(16) buildings (stand alone residential development) and allow a density in excess of 12
units per acre (17.8 du/ ac proposed) pursuant to Land Development Regulations
(LDR) Section 4.7, ''Workforce Housing", for Village Parc, located on the east side of
North Federal Highway, approximately 2,300 feet south of Gulfstream Boulevard
(former Delray's Lost Drive-In site). (Quasi-Judicial Hearing)
B. CONDITIONAL USE REQUEST/PROFILES IN CONCRETE: Consider a
request to allow an existing ornamental cast concrete/stone manufacturing facility
(profiles In Concrete) to accommodate an outside storage area and dumpster, located
on the northeast comer of Poinsettia Drive and Lime Lane. (Quasi-Judicial Hearing)
C. MUNICIPAL UNDERGROUND UTILITIES CONSORTIUM (1dUUC):
Consider a request that we join the Municipal Underground Utilities Consortium
(MUUC) regarding Florida Power & Light's (FPL) recent tariff filing offering a 25%
credit for local government underground electric service conversion projects.
D. EVALUATION AND APPRAISAL REPORT (.EAR): Discuss the major issues to
be included in the Comprehensive Plan Evaluation and Appraisal Report (EAR).
E. EVALUATION AND APPRAISAL REPORT (~ COMMITTEE
MEMBERS: Consider appointment of Evaluation and Appraisal Report (EAR)
Committee Members.
F. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Consider the actions and decisions made by the Land Development Boards for the
period April 17, 2006 through April 28, 2006.
G. ABATE LAWSUIT/VISTA DEL MAR. L.C. V. CITY OF DELRAY BEACH:
Provide direction regarding whether or not to abate the civil lawsuit in Vista Del Mar,
L.c. v. City of Dekay Beach pending the outcome of the appellate case.
H. APPOINTMENT TO THE COMMUNITY REDEVELOPMENT AGENCY:
Appoint one (1) regular member to the Community Redevelopment Agency (CRA) for
an unexpired term ending July 1, 2008. Based upon the rotation system, the
appointment will be made by Commissioner Ellis (Seat #1).
I. APPOINTMENT OF COMMUNITY REDEVELOPMENT AGENCY (CRA)
CHAIRMAN/VICE-CHAIRMAN: Appoint a Chairman and Vice-Chairman to the
Community Redevelopment Agency Board.
05-02-2006
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10. PUBLIC HEARINGS:
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.
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.
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.
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.
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. 26-06: Privately initiated rezoning from A (Agricultural) to R-l-
AAA (Single Family Residential) for the Germantown Road Subdivision, located on the
south side of Old Germantown Road (3426 Old Germantown Road). If passed, a
public hearing will be scheduled for May 16, 2006.
B. ORDINANCE NO. 27-06: City initiated amendment to Land Development
Regulations (LDR) Section 2.4.6(E), "Tree Removal Permit", Section 4.6.19, "Tree
Protection", and Appendix "A", "Definitions", to provide for the designation and
protection of historic trees; and to provide for a penalty of $500.00 for the removal of
any historic tree without a permit. If passed, a public hearing will be scheduled for May
16, 2006.
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C. ORDINANCE NO. 28-06: Privately initiated amendment to Land Development
Regulations (LDR) Section 4.3.3, "Special Requirements for Specific Uses" and Section
4.3.4(H)(4), "Structures Allowed in Setbacks", to allow permanendy installed generators
within required setbacks and providing specific regulations for the location, operation,
and buffering of permanent generators. If passed, a public hearing will be scheduled for
May 16, 2006.
D. ORDINANCE NO. 29-06: City initiated amendment to Land Development
Regulations (LDR) Section 4.3.4(K), "Development Standards Matrix", to clarify
setbacks for structures in residential districts. If passed, a second public hearing will be
scheduled for May 16, 2006.
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: APRIL 28, 2006
05-02-2006
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APRIL 18. 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 18, 2006.
1:
Roll call showed:
Present - Commissioner Rita Ellis
Commissioner Fred Fetzer
Commissioner Jon Levinson
Mayor Jeff Perlman
Absent - Commissioner Brenda Montague
Also present were - David T. Harden, City Manager
Robert A. Barcinski, Assistant City Manager
Susan A. Ruby, City Attorney
Terrill Barton, Assistant City Attorney
Chevelle D. Nubin, City Clerk
2. The opening prayer was delivered by Dr. William Quick with Federation of
Christian Ministries.
3.
The Pledge of Allegiance to the flag of the United States of America was given.
4.
AGENDA APPROVAL.
Mayor Perlman noted the addition of Item 7.1., Western Senior/Community
Center Desi2n Presentation by addendum.
Also, there is additional information for Item 8.L.2., Purchase Award to Seatin2
Constructors USA. Inc./MilIer Park and a revised ordinance for Item 12.D., Ordinance No.
23-06.
Mrs. Ellis moved to approve the Agenda as amended, seconded by Mr. Fetzer.
Upon roll call the Commission voted as follows: Mr. Fetzer - Yes; Mr. Levinson - Yes; Mayor
Perlman - Yes; Mrs. Ellis - Yes. Said motion passed with a 4 to 0 vote.
5.
APPROVAL OF MINUTES:
Mr. Levinson moved to approve the Minutes of the Regular Meeting of April 4,
2006, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mr. Levinson-
Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes. Said motion passed with a 4 to 0
vote.
04/18/06
Mr. Fetzer moved to approve the Minutes of the Special/Workshop Meeting of
April 11, 2006, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mayor
Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes. Said motion passed
with a 4 to 0 vote.
6. PROCLAMATIONS:
6.A. Palm Beach International Film Festival Days - April 20-28. 2006
Mayor Perlman read and presented a proclamation hereby proclaiming the week
of April 20, 2006 through April 28, 2006 as Palm Beach International Film Festival Days in
Delray Beach, Florida. Yvonne Boice came forward to accept the proclamation and thanked
Mayor Perlman and the residents. Ms. Boice stated this is their 11th year as a 501(C)(3)
organization.
6.B. Pine Grove Elementarv School- 40th Anniversarv
Mayor Perlman read and presented a proclamation hereby proclaiming 2006 as
Pine Grove Elementary School's 40th Anniversary Celebration. Linda Cartlidge, Principal came
forward to accept the proclamation and plaque. On behalf of the Education Board, Debra Kaiser
presented a book from the library for their library.
6.C. Pinecrest Rehabilitation Hospital- 20th Anniversarv
Mayor Perlman read and presented a proclamation hereby recognizing Pinecrest
Rehabilitation Hospital on its 20th Anniversary and congratulates their commitment to
outstanding service and support to the community. Mayor Perlman gave these to Commissioner
Fetzer.
6.D. Victims' Rie:hts Week - April 24-28. 2006
Mayor Perlman stated this proclamation will be mailed.
6.E. Municipal Clerk's Week - April 30 - May 6. 2006
Mayor Perlman read and presented a proclamation hereby proclaiming April 30,
2006 through May 6,2006 as Municipal Clerks Week. Chevelle D. Nubin, City Clerk, accepted
the proclamation.
7.
PRESENTATIONS:
7.A. Employee Sue:e:estion Awards to Robert Williamson. Robert Bullard. and
Harold Williams - Environmental Services Department
Mayor Perlman stated the City of Delray Beach has a program that if the
employees make suggestions that save the City money they are recognized with cash awards for
saving money and coming up with innovative programs and more efficient ways to do things.
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04/18/06
He stated there has been some big savings over the years and commented that this is a good
program.
Randal Krejcarek, City Engineer, stated Mr. Robert Williamson came up with the
idea for the City's telemetry to buy the entire unit from one vendor and he discovered that it
comes in two different parts. Mr. Krejcarek stated one of the parts is the circuit board which is
vendor specific and the other part which is actually the radio part whereas the City can buy a
third party radio and tune them in-house. Mr. Williamson suggested that the City purchase the
parts separately and as a result saving the City $10,295.00. Mr. Williamson is eligible for an
award of $2,059 which is 20% ofthe annual savings.
Mayor Perlman stated Mr. Robert Bullard and Mr. Harold Williams are each
eligible for an award of $13,900 which is 20% of the annual savings of $139,000.00. Mayor
Perlman presented all three employees with a Certificate of Achievement; and Randal Krejcarek
presented their checks.
7.B. Recol!nition of Jhankar Gadkari. Rohit Nerurkar. Sonali Aiuia. and Kiran
Kambhampati - Rotarv Group Study Exchanl!e
Mayor Perlman introduced and recognized Jhankar Gadkari, Rohit Nerurkar,
Sonali Ajuja and Kran Kambhampati of the Rotary Group Study Exchange Team. The team has
traveled to the United States as guests of the Rotary International and Delray Beach's Rotary
District 6930, an area from Titusville to Boca Raton. They will be in Delray Beach on April 16-
22, 2006. They will be in Florida for six weeks and will learn about our lives, customs, and
business practices and have experienced many new things since their arrival in our Country on
March 18, 2006. The participants are young professionals between 25-45 years of age.
Mayor Perlman presented key chains to the recipients of the Rotary Group Study
Exchange Team. Jhankar Gadkari gave a few brief comments and as a token of appreciation
presented a flag from India and a book to Mayor Perlman.
7.C.
Award
Recol!nition of Vera Farrinl!ton - Palm Beach County Historical Society
Mayor Perlman read and presented a Special Recognition Award to Vera
Farrington, Founder of EPOCH (Expanding and Preserving Our Cultural Heritage and the S.D
Spady Museum). Mrs. Farrington came forward to accept the award and stated EPOCH is
dedicated to recognizing the efforts of all citizens of Delray Beach who are responsible for
making Delray Beach what it is today.
7.D. Recol!nition of Gene Sapino - Police Officer of the Year
Mayor Perlman read and presented a Special Recognition Award to Officer Gene
Sapino for being selected as Office of the Year. Officer Sapino came forward to accept the
award.
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04/18/06
7.E. Recoe:nition of John Callahan. III - Director of Delrav Beach Librarv
Mayor Perlman read and presented a Special Recognition Award to John
Callahan, III. Mr. Callahan came forward to accept the award and thanked the current City
Commission and the City Commissioners who have served for the last seven years as well as Mr.
Harden, Susan Ruby, and City staff for helping to get the new library completed.
7.F. First Nie:ht International Creative Proe:rammine: Award for Bobcat Ballet:
and Special Recoe:nition to John Arbeau and William "Bill" Luciano - Public Works
Division
Robert A. Barcinski, Assistant City Manager, stated the City of Delray Beach has
been involved with First Night for nine years and this will be the tenth year. The City has held
the license for four years and every year staff attempts to change things. This year the idea of the
"Bobcat Ballet" won the First Night International Creative Programming Award for the Bobcat
Ballet. Mr. Barcinski introduced John Arbeau and William "Bill" Luciano who agreed to be the
drivers for this event.
Matjorie Ferrer, Executive Director of the Downtown Delray Marketing
Cooperative, gave a brief PowerPoint presentation and showed a video clip of the Bobcat Ballet.
She stated the theme was to "Dance the Night Away" and was a wonderful opportunity for them
to showcase the cultural groups. She presented an award to Mayor Perlman, John Arbeau and
William "Bill" Luciano.
7.G. "Spotlie:ht on Education" and Special Recoe:nition - Elizabeth Kennedv.
Principal of Morikami Park Elementarv School
Elizabeth Kennedy, Principal of Morikami Park Elementary School, stated the
fifth grade students are doing a culmination of the ill Program and they spend one year working
on projects and small groups on solving a world problem. She stated they are very proud of the
international students they develop. She stated Morikami won an award this year in West Palm
Beach with the "Kaleidoscope" which is a celebration of many cultures. Mrs. Kennedy
announced that Morikami won the "Best Education Environment" this year and they have been
recognized as one of the top 100 schools in the State of Florida for academic excellence. She
stated she is very proud of the school and love the support they receive from the City of Delray
Beach. Mrs. Kennedy stated Morikami is eight years old and this year there are four graduating
seniors from Atlantic High School who will have the distinction of always being the first four
people that entered Morikami as fifth graders (Morikami's first year) and participated in the ill
Program in Elementary, went on to Carver, and are now graduating with ill Diplomas from
Atlantic. She stated the teachers, parents, and students make Morikami what it is.
Janet Meeks, Education Coordinator, stated as part of the Mayor's Literacy
initiative, staff ordered books on the Japanese culture; however, these books did not come in on
time. Therefore, Mrs. Meeks presented Mrs. Kennedy with a replacement book signed by Mayor
Perlman.
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04/18/06
7.H. City of Delrav Beach Residents' Academv Certificates - Janet Meeks
Janet Meeks, Education Coordinator, stated this was the largest group to graduate
and noted that there were 20 returning residents along with 8 new residents that joined them in
the spring. Mayor Perlman and Janet Meeks presented certificates to the following City of
Delray Beach Residents' Academy graduates for spring 2006:
. Amy Alvarez
. Ewairiz Alvarez-Hayward
. Estelio Breto
. Dorothy "Dot" Bast
. Alfred Celcis
. Courtney Calfee
. Rick Corbin
. Lydia Carreiro
. Vincent Dole
. Genevieve R. Dole
. Arete Friedman
. Donna Gogreve
. Lisa Harris
. Anne Harrison
. Scott Hayward
. Bernard Kohout
. Terra Malone
. Nelson McDuffie
. Jean Moorefield
. Cheryl Minchak
. Isabel Rose Make
. Queen Owens
. Bonnie Raycroft
. Peter Raycroft
. Bob Sykes
. Kevin Schenck
. Dawn Teetsel
. Denise Valek
. Rhonda Young
. Abbey Weiss
. Linda Wemyss
At this point, Rhonda Young and Isabel Rose Make came forward and gave a few
brief comments regarding the Residents' Academy.
Janet Meeks thanked the City Commission for supporting this program and as a
token of appreciation she passed out pins to the City Commission. Mayor Perlman thanked the
graduates, Lula Butler, Janet Meeks, and all the Department Heads for their hard work.
8.
CONSENT AGENDA: City Manager Recommends Approval.
8.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 ofS.W. 1st Street, between S.W. 1st Avenue and S.W. 2nd Avenue.
8.A.!. 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 ofS.W. 1st Street, between S.W. 1st Avenue and S.W. 2nd Avenue.
The caption of Resolution No. 19-06 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND
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04/18/06
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 Y2) OF BLOCK 54, LOCATED ON THE
SOUTH SIDE OF SW 1sT STREET, BETWEEN SW 1 ST
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".
(The official copy of Resolution No. 19-06 is on file in the City Clerk's office.)
8.B. FINAL SUBDIVISION PLAT APPROVALIMICHAEL'S WAY PLAT:
Approve the minor subdivision plat for Michael's Way (fka Seagate Villas), located on the
northeast comer Sea Sage Drive and Bucida Road.
8.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.
8.D. ACCEPTANCE OF RIGHT-OF-WAY DEEDIRIGHT 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.
8.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).
8.F. REVISED RULESIPUBLIC ART ADVISORY BOARD: Approve the
revised rules of the Public Art Advisory Board as adopted by that board on March 27,2006.
8.G. SUB-RECIPIENT FUNDING AGREEMENTSIDELRA Y 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).
8.H. CHANGE ORDER NO. l/FINAL PAYMENT/ALMAZAN BROTHERS.
INC.: Approve Change Order No. 1 in the amount ofa $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).
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04/18/06
8.1. RESOLUTION NO.- 20-06: Approve Resolution No. 20-06 supporting the
Florida Department of Community Affairs' Communities for a Lifetime initiative.
The caption of Resolution No. 20-06 is as follows:
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.
(The official copy of Resolution No. 20-06 is on file in the City Clerk's office.)
8.J. ACCEPTANCE OF EASEMENT DEED/S.W./N.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.
8.1(. 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.
8.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. BondlParks &
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. BondlParks &
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
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04/18/06
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).
Mr. Fetzer moved to approve the Consent Agenda as amended, seconded by Mrs.
Ellis. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs. Ellis - Yes;
Mr. Fetzer - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote.
At this point, the Commission moved to Item 7.1., Presentations.
7.1.
Western Senior/Community Center Desie:n Presentation (ADDENDUM)
Abbas Zackria, Walters Zackria Associates (Architects) gave a brief overview of
the needs analysis and schematic design for Phase I of the Western Community Center. This site
is located on the comer of Lake Ida Road and Congress Avenue. The Needs Assessment
discussed issues about having a senior facility as well as having a fitness center, gymnasium and
a youth program. Mr. Zackria stated Phase I is approximately 10,300 square feet and Phase II is
approximately 22,000 square feet. He stated the overall building will cost $7,591,000.00 and if
this building is constructed in two Phases then Phase I would be $3,175,000.00 and Phase II as
$4,937,000.00 for a total of$8,112,000.00.
Mr. Levinson asked what kind of time differential was used between Phase I and
Phase II. In response, Mr. Zackria stated he put a two year separation with a 15% inflation
factor.
Mr. Fetzer asked what the construction schedule is for Phase I. In response, Mr.
Zackria stated the design will be completed by December 2006 and construction to start in
January 2007.
Mr. Levinson commented about there being no physical connection between the
old building and the new Gust through the exterior courtyard). Mr. Zackria stated this is correct.
Mr. Levinson stated if the program were changed to not include an Alzheimer's Day Care how
would the interior space change. In response, Mr. Zackria stated they can do a lot of
programming in the facility without having direct connection. He stated they can connect the
two courtyards where one would go back and forth between the new assembly space and the
existing facility.
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04/18/06
Mayor Perlman inquired about the size of the retention/park area. Mr. Zackria
stated approximately 1 Y2 acres.
Mrs. Ellis stated she likes the design.
Mayor Perlman asked if this will have any hurricane shelter capacity in the
gymnasium. In response, the City Manager stated it would add substantially to the cost and with
the capacity the City has at Atlantic High School now it is not really necessary.
Brief discussion between the Commission, staff and Mr. Zackria continued
regarding parking and transportation.
It was the consensus of the Commission to give direction to Mr. Zackria to
construct the entire building in one phase per the City Manager's recommendation.
At this point, the time being 7:28 p.m., the Commission moved to the duly
advertised Public Hearings portion of the Agenda.
10.
PUBLIC HEARINGS:
10.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. 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. 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 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 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.)
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04/18/06
The City Attorney read the caption of the ordinance. A public hearing was held
having been legally advertised in compliance with the laws of the State of Florida and the
Charter of the City of Delray Beach, Florida.
Paul Dorling, Director of Planning and Zoning, stated this is a proposal on new
development proposals including demolitions except for properties which are deemed unsafe and
these properties will continue to be demolished. He stated any construction under 2,000 square
feet could continue to be permitted in this six month period as well as any additions to existing
structures which are less than 50% of the existing structures. This would apply to all five
districts.
During the moratorium, staff will work with the residents within the five historic
districts to establish the overlay district similar to that of the Beach Property Owners' Overlay
District. This overlay would place additional 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 considered this
item and recommended approval ofthe moratorium with a 7 to 0 vote.
Mayor Perlman declared the public hearing open. There being no one from the
public who wished to address the Commission regarding Ordinance No. 14-06, the public
hearing was closed.
Mrs. Ellis moved to adopt Ordinance No. 14-06 on Second and FINAL Reading,
seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mr.
Fetzer - Yes; Mr. Levinson - No; Mayor Perlman - Yes. Said motion passed with a 3 to I vote,
Commissioner Levinson dissenting.
10.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. 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. 21-06 is as follows:
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
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04/18/06
AND SCREENING FOR ALL SERVICE STATIONS,
GROCERY STORES, KIDNEY DIALYSIS CENTERS,
PHARMACIES, RESIDENTIAL BUILDINGS WITH
ELEVATORS, COUNTRY CLUBS AND CLUBHOUSES
WITHIN RESIDENTIAL COMMUNITIES SHALL BE
WAIVED; PROVIDING A GENERAL REPEALER CLAUSE,
A SAVING CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 21-06 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.
Commissioner Levinson stepped away from the dais.
Terrill Barton, Assistant City Attorney, stated the City of Delray Beach is taking a
proactive approach to help the grocery stores, etc. get generators set up before the next hurricane
season if possible. She stated this ordinance was approved by the Planning and Zoning
Department last night with a vote of 7 to O.
Mayor Perlman declared the public hearing open. There being no one from the
public who wished to address the Commission regarding Ordinance No. 21-06, the public
hearing was closed.
Prior to the vote, Mayor Perlman stated this is a great move to incentivize
businesses that provide the central life saving services to have these generators. He stated there
were some issues with the last hurricane including a tremendous need for dialysis in this
community and hopes that businesses will take advantage of this.
Mr. Fetzer moved to adopt Ordinance No. 21-06 on Second and Final Reading,
seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mr. Fetzer - Yes;
Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion passed with a 3 to 0 vote.
to.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. 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. 6-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AMENDING
ORDINANCE NO. 28-89 BY AMENDING SECTION 5 TO
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04/18/06
ALLOW FOR THE ADDITION OF TWO 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-ALL"; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 6-06 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.
At this point, Mr. Levinson returned to the dais.
Paul Dorling, Director of Planning and Zoning, stated this is an amendment to an
S.A.D. (Special Activities District) zoning. This district is unique in that any modifications are
processed as a rezoning which has an attached site plan to it. This modification involves the
addition of two self storage buildings to the facility on Military Trail north of Lake Ida Road.
One of the proposed buildings will be placed toward the east end of the property having a width
of 30 feet and a length of 490 feet (totaling 14,700 square feet). The second building will be
located toward the front of the property (west end) and have a width of 20 feet and a length of
150 feet (totaling 3,000 square feet) and both buildings will be one-story in height. The
amendment also implements a name change from what was previously known as Extra Closet to
what will be know today as United Stor-All.
At its meeting of January 23, 2006, the Planning and Zoning Board considered
this item and the Board voted 7 to 0 to recommend approval. It then came to the City
Commission on February 7, 2006 for a First Reading and the City Commission recommended
approval. On March 22, 2006, it was then forwarded to the Site Plan Review and Appearance
Board (SPRAB) for approval of the site plan. This approval was subject to conditions in Exhibit
"A" and an additional condition was added that related to a requirement for the exterior elevation
that was along Military Trail to extend along the north and south facades of the building at a
minimum of 30 feet and SPRAB thought this to be a little excessive and reduced this to a
minimum of 12 feet.
Mayor Perlman declared the public hearing open.
Bonnie Miskel. 222 Lakeview Avenue. West Palm Beach (Attornev here on
behalf of United Stor-AII). stated she is present this evening for any questions the Commission
may have.
There being no one from the public who wished to address the Commission
regarding Ordinance No. 6-06, the public hearing was closed.
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04/18/06
Mr. Levinson moved to adopt Ordinance No. 6-06 on Second and FINAL
Reading, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mr.
Levinson - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes. Said motion passed
with a 4 to 0 vote.
At this point, the Commission moved to Item 11, Comments and Inquiries on
Non-Agenda Items.
11.A.
City Mana2er's response to prior public comments and inauiries.
The City Manager stated at the last City Commission meeting several residents in
the western part of the City expressed concern about the condition of the fence around the
Rainberry Woods subdivision. At that meeting, the City Commission authorized funds for
replacement of the fence. The City is taking neighborhood funds and putting them together with
some funds the homeowners association had. The contractor started the work and is expected to
be finished by the end of May. In addition, Code Enforcement personnel had been meeting with
the Country Manors residents to keep them informed about the fence replacement and has
assigned an officer to Rainberry Woods to work with the association to improve any issues with
code violations throughout the subdivision.
Also, he stated at the last City Commission meeting several people expressed
concern over the "Jump Shots Sports Bar & Billiards" in the Lake Ida Plaza. Code Enforcement
had issued a violation notice for failure to get conditional use approval for extended operating
hours and this matter has been reviewed by both the Planning Department and the City
Attorney's office.
The City Attorney stated they were granted a conditional use in 1999 which was
for a full service restaurant and bar and it was prior to the time that the City of Delray Beach
adopted the late night business ordinance. Therefore, they are really not governed by the late
night business ordinance because they are grandfathered in under the conditional use that was
approved in 1999.
With regard to the issues with the Delray Beach Police, the City Manager stated
this was referred to the Police Advisory Board and they will provide him with a response in
writing which he will then forward to the City Commission. The City Manager stated he also
has a Police report that he will copy and distribute to the City Commission.
The City Manager stated the City received a noise complaint on March 5th, and on
March 1ih and 13th starting at 9:30 p.m. and going until 1:20 a.m., the City received calls about
extremely loud noise (i.e. vibrating homes, etc.). He stated the Police responded to each one of
these and requested that the noise be turned down but it was turned back up again. Therefore,
the Police had to go back to "Jump Shots Sports Bar & Billiards" four times. On March 19th and
20th, one call was received at 11:41 p.m. and 12:45 a.m. and a fight call at 2:02 a.m. He stated a
woman came into the Police Department on April 10th about a battery occurring at the bar on
April ih. The City Manager stated there is a history behind the Police response and has asked
the Police Advisory Board to assist the City in communicating that the presence of Police is not
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04/18/06
harassment (although it is perceived this way by some) and advise City staff if there are things
that need to be done differently so that it is not perceived in this way.
Mr. Levinson stated there were numerous comments that were made that the City
does not have a presence on east Atlantic Avenue. He noted that there is a significant presence
on east Atlantic Avenue both vehicles parked and people walking patrols. The City Manager
stated he also has a list of establishments where they have dealt with various noise issues and
liquor sale issues.
With regard to a prior concern expressed by Mrs. Finst about Waste Collection
service for Chatelaine, the City Manager stated the City is monitoring Waste Management very
carefully in this area and all the violations and service lapses are being acted on. He stated they
have seen improvements and believe that they will get back on track given the kind of service the
City expects. If not, he stated the City will take appropriate action.
11.B. From the Public.
11.B.1. Abbev Weiss. 809 N.E. 1st Street. Delrav Beach. stated last year the walkway
under the bridge at Veteran's Park and Atlantic Avenue was opened up and noted she loves not
having to cross the street when she wants to walk over to the other side of the Intracoastal. She
stated it is a wonderful thing; however, she noted that there is some graffiti but she has since
called Code Enforcement about it and was assured that it would be taken care of as soon as
possible. She pledged to the Commission that she will make sure that once the graffiti is painted
over she will make sure that it does not come back. Ms. Weiss stated she will try and keep it a
nice safe place so that visitors and anyone else who happens to walk underneath the bridge does
not think it is a dangerous scary place to be because of the spray painting.
11.B.2. Shirley Johnson. 701 N.W. 4th Street. Delrav Beach. congratulated new
Commissioners Fetzer and Montague. She stated in this past election the citizens were engaged
and came out to vote in historical numbers and commented about workforce housing and live
broadcasting of the City Commission meetings. She stated live broadcasting will allow everyone
to see and hear all the great things that are being done in the City of De1ray Beach. She stated
there are many housebound senior citizens who will feel a part of the civic community. She
stated one of the main purposes of live broadcasting would be to discourage any misinformation.
Secondly, she noted the loss of two historic landmarks in De1ray Beach (Office
Depot Headquarters and Bloods Hammock Groves).
11.B.3. IIvne Cooper. 2200 Riviera Drive. Delrav Beach. stated she appeared before the
Commission on April 4, 2006 where she presented a petition of 872 signatures in regard to the
appearance of Lake Ida Road from Military Trail to Swinton Avenue. She stated many residents
were hoping that the fence around Rainberry Woods would be concrete or something more
permanent. She now understands that it is going to be wood and hopes the next hurricane will
not destroy it. She expressed concern over the mix matched fences along Lake Ida Road and
stated everyone would like to know what is going on because she feels the road is unsightly.
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04/18/06
Mayor Perlman stated Rainberry Woods is private property and the City cannot
spend public funds for private fences. He stated the City is doing this in conjunction with a
broader plan to improve and upgrade the neighborhood. Mayor Perlman stated a Code
Enforcement Officer has been assigned to this neighborhood and there will be some aggressive
enforcement of the City's codes.
Ms. Cooper commented about all the debris in the vacant lot and asked that
someone attend to this lot. The City Manager stated the City has requested prices from three
contractors to clear out the underbrush.
II.B.4. Alice Finst. 707 Place Tavant. Delrav Beach. speaking on behalf of Progressive
Residents of Delray (P.R.O.D.) expressed concern over the setbacks. She stated they have been
told that there would be no more "canyonization" and that there will be a "wedding cake"
approach and that there will be setbacks. However, she stated this only applies to the CBD
(Central Business District) in the downtown area. Mrs. Finst asked the Commission to look into
extending the setback process to all areas of the City where it is appropriate.
At this point, the Commission moved back to Item 9.A., of the Regular Agenda.
9.
REGULAR AGENDA:
9.A. REQUEST 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)
Mayor Perlman read 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.
Mayor Perlman asked the Commission to disclose their ex parte communications.
The Commission had no ex parte communications to disclose.
Scott Aronson, Parking Management Specialist, entered the project file #2006-
133 into the record.
Mr. Aronson stated Cafe Mocha is located at 325 Pineapple Grove Way, has
submitted a Class III site plan modification for the conversion of 1,600 square feet of retail space
to restaurant. The proposed restaurant is part of a mixed use development which contains
approximately 4,600 square feet of retail on the ground floor and four residential units on the
upper floors. The original site plan was approved with one in-lieu of parking space by
calculating the difference between retail and restaurant parking requirements. The conversion
would require two additional parking spaces. The recent Downtown Cluster Study does identify
a need for more restaurants in Pineapple Grove Way to help create more of a destination
atmosphere.
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04/18/06
At its meeting of February 28, 2006, the Parking Management Advisory Board
(PMAB) unanimously recommended approval of the applicant's request. At its meeting of April
5,2006, the Site Plan Review and Appearance Board (SPRAB) approved the Class III Site Plan
modification, citing approval of the in-lieu request by the City Commission as a condition of
approval. 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.
Mayor Perlman stated if anyone from the public would like to speak in favor or in
opposition of the request for in-lieu parking spaces, to please come forward at this time. There
being no one from the public who wished to address the Commission regarding the request for
in-lieu parking spaces, the public hearing was closed.
Mr. Fetzer moved to approve the request for in-lieu parking spaces from Cafe
Mocha for the purchase of two (2) in-lieu parking spaces, seconded by Mrs. Ellis. Upon roll call
the Commission voted as follows: Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes;
Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote.
9.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.
The caption of Resolution No. 18-06 is as follows:
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 INCONSISTENT HEREWITH.
(The official copy of Resolution No. 18-06 is on file in the City Clerk's office.)
The City Manager stated this is regarding changes in revenues and expenses. The
biggest part of these changes is hurricane related both on the revenue side and the expense side.
Mr. Levinson stated it looks like we were significantly under on our franchise tax
fees and also gas to a certain extent. He inquired as to what the difference is from what was
anticipated.
Mrs. Ellis moved to approve Resolution No. 18-06, seconded by Mr. Fetzer.
Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr.
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04/18/06
Fetzer - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote.
9.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.
The City Attorney stated this is a request from Joe Reardon, Owner of Pilgrim
Belle Cruises, 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 has also requested an
extension for an additional 5 year period.
Joe Reardon, Owner of Pilgrim Belle Cruises, stated they have the sightseeing
part of the attraction down and now feel there is a need for another attraction which would be a
dinner cruise boat. Mr. Reardon stated this is the reason for the extension.
The City Attorney stated staff will draft an agreement allowing the extension of
time and the extension of time would be subject to a new boat. Mr. Reardon stated the current
agreement expires in February 2009 and the additional 5 years would be conditional on a new
boat.
Mr. Levinson commented about a concern expressed by the Pilgrim Belle in their
letter (second paragraph) that states "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."
Mr. Reardon stated there is damage done to the dock as a result of the hurricane.
He stated the engineer the City had come look at the dock was not comfortable with what
Pilgrim Cruises is currently tied up to. He stated one of the main reasons they wanted to get this
boat out of there is his insurance company does not want him tied there until it was fixed. It was
a slower season and that is when they thought the work would be done.
Joe Weldon, Director of Parks and Recreation, stated Coastal Planning and
Engineering is working on specifications now. He stated hopefully within 30-60 days
construction to repair the dock will begin.
Mrs. Ellis moved to approve the extension of 5 years from 2009 contingent on the
purchase of a new boat by the end of this calendar year, seconded by Mr. Fetzer. Upon roll call
the Commission voted as follows: Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes;
Mayor Perlman - Yes. Said motion passed with a 4 to 0 vote.
9.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.
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04/18/06
The City Attorney stated this Off-Site Parking Agreement for the new City Limits
Establishment is for a minimum of twenty-three (23) spaces for use by City Limits.
Brief discussion between the Commission and Mr. Gallagher followed.
Mr. Levinson moved to approve the off-site parking agreement for the new City
Limits Establishment, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows:
Mr. Fetzer - Yes; Mr. Levinson - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion
passed with a 4 to 0 vote.
9.E. CONTRACT TERMINATION AND RECOVERY OF COSTSIR&S
INTEGRATED.INC./EASYAGENDA: 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.
The City Attorney stated this is a contract termination that the City of Delray
Beach has worked out with R&S Integrated, Inc. The City would receive services for the
monies that have been spent (approximately $11,000.00). R&S Integrated, Inc. agreed that they
would provide Laserfiche maintenance for the City's LaserFiche system in the City Clerk's
office plus provide the City with a few Laserfiche email account licenses. The Laserfiche
maintenance and email account licenses would total up to the monies the City has expended.
Mr. Levinson moved to approve to the contract termination and recovery of costs
with R&S Integrated, Inc. for the purchase of the EasyAgenda software, seconded by Mr. Fetzer.
Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Mayor Perlman - Yes;
Mrs. Ellis - Yes; Mr. Fetzer - Yes. Said motion passed with a 4 to 0 vote.
9.F. APPOINTMENT OF COMMUNITY REDEVELOPMENT AGENCY
(CRA) CHAIRMANNICE-CHAIRMAN: Appoint a Chairman and Vice-Chairman to the
Community Redevelopment Agency Board.
Mayor Perlman declared a conflict of interest, passed the gavel to Vice Mayor
Ellis and stepped down from the dais.
Mr. Levinson moved to defer the appointment of the Community Redevelopment
Agency (CRA) for Chairman and Vice-Chairman until the May 2, 2006 City Commission
meeting, seconded by Vice Mayor Ellis. Upon roll call the Commission voted as follows: Vice
Mayor Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes. Said motion passed with a 3 to 0
vote.
9.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.
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04/18/06
At this point, Mayor Perlman returned to the dais.
The City Attorney stated this item is a complaint for declaratory judgment against
the Florida Department of Management Services, Division of Retirement regarding the Police &
Fire Pension Plan.
Brief discussion between the City Attorney and Mayor Perlman followed. The
City Attorney clarified that this item is different from the certification pay.
Mr. Levinson moved to approve to authorize the City Attorney to file a Complaint
for Declaratory Judgment against the Florida Department of Management Services, Division of
Retirement regarding the Police and Fire Pension Plan, seconded by Mrs. Ellis. Upon roll call
the Commission voted as follows: Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes;
Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote.
At this point, the Commission moved to Item 12, First Readings.
12.
FIRST READINGS:
12.A. ORDINANCE NO. 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.
The caption of Ordinance No. 22-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRA Y BEACH, FLORIDA, AMENDING CHAPTER 101,
"MUNICIPAL PARKS, BEACHES AND OTHER
RECREATIONAL SITES", OF THE CODE OF ORDINANCES
OF THE CITY 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.
(The official copy of Ordinance No. 22-06 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance and stated that criminal
trespass also includes lifeguard towers.
Mr. Levinson inquired about other facilities not on the list that should be included
on the list.
Brief discussion between the Commission and staff followed.
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04/18/06
The City Attorney stated staff can bring something back to the Commission
regarding Old School Square.
Mrs. Ellis moved to approve Ordinance No. 22-06 on FIRST Reading, seconded
by Mr. Fetzer. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mr. Fetzer-
Yes; Mr. Levinson - Yes; Mayor Perlman - Yes. Said motion passed with a 4 to 0 vote.
12.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.
The caption of Ordinance No. 23-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRA Y BEACH, FLORIDA, AMENDING CHAPTER 36,
"FINANCE; CITY PROPERTY TRANSACTIONS", OF THE
CODE OF ORDINANCES OF THE CITY OF DELRA Y BEACH,
BY AMENDING SECTION 36.01, "COMPLIANCE WITH
STANDARD PRACTICE INSTRUCTIONS", TO PROVIDE
THAT INVITATIONS TO NEGOTIATE ARE EXEMPT FROM
THE REQUIREMENTS OF CHAPTER 36; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND
AN EFFECTIVE DATE.
(The official copy of Ordinance No. 23-06 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance.
Mayor Perlman stepped down from the dais and passed the gavel to Vice Mayor
Ellis.
Mr. Levinson moved to approve Ordinance No. 23-06 on FIRST Reading,
seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer - Yes; Mr.
Levinson - Yes; Vice Mayor Ellis - Yes. Said motion passed with a 3 to 0 vote.
12.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$I,OOO.OO. Ifpassed, a public hearing will be scheduled for May 2,2006.
The caption of Ordinance No. 24-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRA Y BEACH, FLORIDA, AMENDING CHAPTER 35,
"EMPLOYEE POLICIES AND BENEFITS", SUBHEADING
"RETIREMENT PLAN", OF THE CODE OF ORDINANCES OF
THE CITY OF DELRA Y BEACH, FLORIDA, BY AMENDING
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04/18/06
SECTION 35.097, "RETIREMENT INCOME; BASIS, AMOUNT
AND PAYMENT", TO PROVIDE FOR PAYMENT OF LUMP-
SUM DISTRIBUTIONS IN EXCESS OF $1,000.00 ONLY
UPON THE WRITTEN ELECTION OF A MEMBER OR
DESIGNATED BENEFICIARY; PROVIDING A GENERAL
REPEALER CLAUSE; A VALIDITY CLAUSE; AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 24-06 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance and stated this is a
requirement from the IRS.
Mr. Levinson moved to approve Ordinance No. 24-06 on FIRST Reading,
seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Levinson - Yes;
Vice Mayor Ellis - Yes; Mr. Fetzer - Yes. Said motion passed with a 3 to 0 vote.
12.D. ORDINANCE NO. 25-06: An ordinance amending Chapter 33, "Police and Fire
Departments", Subheading "Pensions" of the Code of Ordinances by amending Section 33.62,
"Benefit Amounts and Eligibility", to provide for payment of Lump-Sum Distributions in excess
of$l,OOO.OO. Ifpassed, a public hearing will be scheduled for May 2,2006.
The caption of Ordinance No. 25-06 is as follows:
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 ELIGIBILITY", 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; A SAVING CLAUSE;
AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 25-06 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance and stated this is a
requirement from the IRS.
Mr. Fetzer moved to approve Ordinance No. 25-06 on FIRST Reading, seconded
by Mr. Levinson. Upon roll call the Commission voted as follows: Vice Mayor Ellis - Yes; Mr.
Fetzer - Yes; Mr. Levinson - Yes. Said motion passed with a 3 to 0 vote.
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04/18/06
At this point, Mayor Perlman returned to the dais.
13.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13.A.
City Manal!er
The City Manager stated to the Commission that there will be dinner provided on
Thursday, April 20, 2006 because ofthe meetings being back-to-back.
Secondly, he stated the Mobile Traffic Monitoring Volunteer Program has been
revived and they are still recruiting volunteers.
13.B. City Attornev
The City Attorney reminded everyone of the Special Meeting on Thursday, April
20,2006.
13.C.
City Commission
13.C.1.
Mr. Fetzer
Mr. Fetzer had no comments or inquiries on non-agenda items.
13.C.2.
Mrs. Ellis
Mrs. Ellis stated she and Commissioner Montague judged the Annual Easter
Bonnet Dog Parade on Sunday. She stated it was fun and there were some very interesting
bonnets.
Secondly, Mrs. Ellis stated she is leaving for vacation on Friday.
13.C.3.
Mr. Levinson
Mr. Levinson stated the Fish & Wildlife Conservation Commission is holding
hearings on waterway speed zones. He attended the meeting approximately one month ago in
Highland Beach. Mr. Levinson stated there was discussion that these meetings have not been
held in Boca Raton and Mayor Hagelmann suggested that they should hold one ofthese meetings
in Delray Beach as well. Mr. Levinson asked the City Manager to communicate with them that
we would like to have an open forum and get some input from the community.
Secondly, he stated the Annual Easter Bonnet Dog Parade was fabulous and
extended kudos to Lori Moore.
Mr. Levinson commented about bringing in the Committee from the "Circle on
the Square" event (i.e. Jan Kucera and Louise Glover and others).
- 22-
04/18/06
He stated they had the second orientation for the Communities Land Trust (CLT)
last Wednesday and approximately 80 people were there. Mr. Levinson commented about the
"Right of First Refusal" to make sure we are creating workforce housing for Delray people. As a
requirement to secure a CL T home, you have to currently live or work in Delray Beach. Mr.
Levinson stated he would like to see us fulfilling the needs of Delray Beach first not other cities.
Lastly, he stated the Eagle's Nest Academy has won another award at the Florida
Association of Public Educators. Mr. Levinson stated he and Dr. Kathy Weigel (Principal of
Atlantic High School) and others will be doing a presentation.
13.C.4.
Mavor Perlman
Mayor Perlman stated he was in meetings all day and does not know what
happened with SCRIPPS. He stated Randy Welker is working on getting the City Commission
together with the Boca Chamber of Commerce and the Mayor ofthe City of Boca Raton.
Secondly, Mayor Perlman stated he spoke with students from the Atlantic High
School Debate Team and the best question he received was the following: "We are graduating
from high school and we want to go away to school because we want that experience of living
away from home, but then we want to come back and live in Delray because we like what has
happened to the area; however, where are we going to work?" He stated the City needs to create
jobs that are going to pay enough for people to live comfortably in South Florida and in this area.
Mayor Perlman stated the City's opportunity is with the Congress Avenue Corridor for both the
workforce component and for jobs.
He stated he had the opportunity to go to the Chamber Breakfast this morning
which included a presentation from the Housing Leadership Counsel which is the group that is
studying the need for workforce housing. Mayor Perlman stated the City of Delray Beach was
singled out as a bright spot as a best practice for the region. He expressed concern over where
the regional leadership will come from.
Mayor Perlman stated the Annual Easter Bonnet Dog Parade was terrific and
noted it is getting harder every year to judge. He stated the event ran smoothly; however, he
feels we are at capacity for this event. He stated Lori Moore also does a great job with the Green
Market.
He stated he will be speaking Sunday morning to the Rainberry Bay Men's Club.
In addition, he will be going to Punta Gorda next week and they would like to emulate many of
Delray Beach practices. Mayor Perlman stated he, Diane Colonna, Joe Gray, and Joe Gillie will
speak about the arts and some of the All America City things. Mayor Perlman stated it is very
important to help other cities.
Lastly, Mayor Perlman stated he had lunch today with the President and Owner of
City National Bank and they are extremely interested in workforce housing and would like to get
involved. Mr. Levinson suggested that they speak with Lula Butler, Director of Community
Improvement or Joe Gray, Assistant Director of the Community Redevelopment Agency (CRA).
- 23 -
04/18/06
There being no further business, Mayor Perlman declared the meeting adjourned
at 8:39 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 18, 2006,
which Minutes were formally approved and adopted by the City Commission on
City Clerk
NOTE TO READER:
If the Minutes you have received are not completed as indicated above, this means they are not
the official Minutes of the City Commission. They will become the official Minutes only after
review and approval which may involve some amendments, additions or deletions as set forth
above.
- 24-
04/18/06
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
lAST NAME-FIRST NAME-MIDDlE NAME NAME OF BOARD, COUNCil, COMMISSION, AUTHORITY, OR COMMrITEE
Perlman, Jeffrev L. Delrav Beach City Commission
MAJUNG ADDRESS THE BOARD. COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON
q71 Delrav Lakes Drive WHICH I SERVE IS A UNIT OF:
CITY COUNTY i! CITY [J COUNTY [J OTHER lOCAL AGENCY
Delray Beach, Florida 33444 Palm Beach NAME OF POLITICAL SUBDIVISION:
City of Delray Beach
DATE ON WHICH VOTE OCCURRED MY POSITION IS:
4/18/06 Xl 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 greaUy depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local publiC office MUST ABSTAIN from voting on a measure which
inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the special 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 orin writing and whether made
by you or at your direction;
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISIONPRIOR 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 ~ '\ . ~ PAGE 1
.
APPOINTED OFFICERS (continued)
. A copy of the fonn must be provided immediately to the other members of the agency.
. The fonn must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
. You must disclose orally the nature of your conflict in the measure before participating.
. Yau must complete the fann and file It within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting, who must incorporate the fonn in the minutes. A copy of the fonn must be provided immediately to the other members of the
agency, and the fonn must be read pUblicly at the next meeting after the fonn is filed.
DISCLOSURE OF LOCAL OFFICER"S INTEREST
I,
Jeffrey L. Perlman
, hereby disclose that on
April 18,
,20~:
(a) A measure came or will come before my agency which (check one)
Inured to my special private gain or Joss;
Inured to the special gain or Joss of my business associate,
-X.. Inured to the special gain or loss of my relative, Di ;:ma Co 1 ann:!
Inured to the special gain or loss of
whom I am retained; or
Inured to the special gain or loss. of
Is the parent organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
,by
,which
Diane Colonna, my wife, is Director of the Community Redevelopment Agency (CRA).
I have a conflict voting on items that directly affect the Community
Redevelopment Agency.
4/18/06
DateFUed
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTitUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAl OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SAlARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 88 - EFF. 1flOOO
PAGE 2
SPECIAL MEETING/WORKSHOP
APRIL 20, 2006
A Special Meeting of the City Commission of the City of Delray Beach, Florida, was
called to order by Mayor Jeff Perlman in the Conference Room at The South Central Regional
Wastewater Treatment Plant, 1801 North Congress Avenue, Delray Beach, Florida, at 5:53 p.m., on
Thursday, April 20, 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 - City Manager David T. Harden
City Attorney Susan A. Ruby
Deputy City Clerk Janet K. Whipple
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. AGREEMENTS/RELEASES/AUBURN TRACE: Consider approval of Agreements
and Releases regarding the City's purchase of Auburn Trace Land.
Susan Ruby, City Attorney announce there were five (5) agreements before the Commission
for approval: Auburn Trace Purchase of Tract B/Third Addendum to Contract; Cross
Easement Agreement with the School Board of Palm Beach County; Delray Beach Land Use
Amendment; Consent to Transfer Ltd Partnership Agreement; and Subordination
Agreement. It was requested that Commission approve the agreements which will permit the
closing on the Auburn Trace, Tract B properties prior to April 30, 2006.
Mr. Levinson moved to approve all five (5) agreements and releases regarding the City's
purchase of Auburn Trace Land, seconded by Mr. Fetzer. 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.
2. BLOCK 77 CLOSING: Consider approval of items that may need to be approved
regarding the Block 77 closing.
Susan Ruby, City Attorney stated there was one (1) item for the Commission to consider
concerning the Block 77 Closing, which is a Quit Claim Deed for any private easement
rights over certain alleyways which may exist on the property. Closing is tentatively set for
the week of April 24th, 2006, at which time the Deed would become effective.
Mr. Levinson moved to approve the one (1) item concerning the Block 77 Closing, 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.
Mayor Perlman adjourned the Special Meeting at 5:55 p.m.
City Clerk
ATTEST:
MAYOR
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information
provided herein is the Minutes of the Special Meeting of the City Commission held on Thursday,
April 20, 2006, which Minutes were formally approved and adopted by the City Commission on
City Clerk
NOTE TO READER: If the Minutes you have received are not completed as indicated above,
this means they are not the official Minutes of the City Commission. They will become the official
Minutes only after review and approval, which may involve amendments, additions or deletions to
the Minutes as set forth above.
2
April 20, 2006
SPECIAL MEETING/WORKSHOP
APRIL 20, 2006
A Special Meeting of the City Commission of the City of Dekay Beach, Florida, was
called to order by Mayor Jeff Perlman in the Conference Room at The South Central Regional
Wastewater Treatment Plant, 1801 North Congress Avenue, Delray Beach, Florida, at 5:53 p.m., on
Thursday, April 20, 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 - City Manager David T. Harden
City Attorney Susan A. Ruby
Deputy City Clerk Janet K. Whipple
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. AGREEMENTS/RELEASES/AUBURN TRACE: Consider approval of Agreements
and Releases regarding the City's purchase of Auburn Trace Land.
Susan Ruby, City Attorney announce there were five (5) agreements before the Commission
for approval: Auburn Trace Purchase of Tract B/Third Addendum to Contract; Cross
Easement Agreement with the School Board of Palm Beach County; Delray Beach Land Use
Amendment; Consent to Transfer Ltd Partnership Agreement; and Subordination
Agreement. It was requested that Commission approve the agreements which will permit the
closing on the Auburn Trace, Tract B properties prior to April 30, 2006.
Mr. Levinson moved to approve all five (5) agreements and releases regarding the City's
purchase of Auburn Trace Land, seconded by Mr. Fetzer. 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.
2. BLOCK 77 CLOSING: Consider approval of items that may need to be approved
regarding the Block 77 closing.
Susan Ruby, City Attorney stated there was one (1) item for the Commission to consider
concerning the Block 77 Closing, which is a Quit Claim Deed for any private easement
rights over certain alleyways which may exist on the property. Closing is tentatively set for
the week of April 24th, 2006, at which time the Deed would become effective.
Mr. Levinson moved to approve the one (1) item concerning the Block 77 Closing, 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.
Mayor Perlman adjourned the Special Meeting at 5:55 p.m.
City Clerk
ATTEST:
MAYOR
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information
provided herein is the Minutes of the Special Meeting of the City Commission held on Tuesday,
April 11, 2006, which Minutes were formally approved and adopted by the City Commission on
City Clerk
NOTE TO READER: If the Minutes you have received are not completed as indicated above,
this means they are not the official Minutes of the City Commission. They will become the official
Minutes only after review and approval, which may involve amendments, additions or deletions to
the Minutes as set forth above.
2
April 20, 2006
WHEREAS, Historic Preservation fosters a deeper understanding of
the diversity of our distinct local, state, and national heritage; and
WHEREAS, Historic Preservation enhances the livability and
sustainability of communities, both large and small across America; and
WHEREAS, Historic Preservation is an effective tool for managing
growth, revitalizing neighborhoods, fostering civic pride, and maintaining
community character; and
WHEREAS, Historic Preservation helps us recognize the integral role
that tangible links to our heritage play in our sense of place and community;
and
WHEREAS, "Sustain America - Vision, Economics, and
Preservation" is the theme for Preservation Month 2006 co-sponsored by
the Delray Beach Historical Society, Del ray Beach Community
Redevelopment Agency, and the National Trust for Historic Preservation.
NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray
Beach, Florida, on behalf of the City Commission do hereby proclaim May
1, 2006 through May 31 , 2006 as
NATIONAL PRESERVATION MONTH
and call upon the people of Delray Beach, Florida, to recognize and
participate in this special observance.
IN WITNESS WHEREOF, I have hereunto set my hand and caused
the Official Seal of the City of Delray Beach, Florida, to be affixed the 2nd
day of May, 2006.
JEFF PERLMAN
MAYOR
0(<
t4
(gA
WHEREAS, the Children's Tumor Foundation is observing Mayas National
Neurofibromatosis (NF) Awareness Month to inform the public about this common genetic
disorder; and
WHEREAS, Neurofibromatosis is more prevalent than Cystic Fibrosis, Duchenne
Muscular Dystrophy, and Huntington's Disease combined; and
WHEREAS, over 100,000 Americans have NF and one of every 4,000 newborns will
develop the disorder, it nevertheless is relatively unknown to the public; and
WHEREAS, NF causes tumors to grow along nerves throughout the body, and can
affect the development of other parts of the body, such as bone and skin tumors, bone
deformities such as scoliosis of the spine; leg bowing and/or twisting, progressive loss of
hearing, sight and balance; learning disabilities; and other symptoms; and
WHEREAS, the Children's Tumor Foundation promotes and supports research aimed
at finding the causes of the disorder and developing treatments and a cure, provides
information to people with NF, informs the public about the disorder, and is a resource for
medical and health professionals; and
WHEREAS, while researchers have identified the genes that cause NF, much remains
to be done to raise awareness and funding to develop methods of prevention, treatment, and a
cure; and the Children's Tumor Foundation (www.ctf.org, 800-323-7938) leads the efforts in
this regard. '
NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach,
Florida, on behalf of the City Commission, do hereby proclaim May 2006 as
"NEUROFIBROMATOSIS AWARENESS MONTH"
in Delray Beach, Florida and urge everyone to become aware of this genetic disorder.
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 2nd day of May, 2006.
JEFF PERLMAN
MAYOR
~
lslf>
Kucmerowski, Carolanne
From:
Sent:
To:
Cc:
Subject:
Nubin, Chevelle
Friday, April 21, 2006 10:56 AM
'Jeff Perlman'
Kucmerowski, Carolanne
RE: Mayor Bill Brooks' Request for help from my friends the League of Mayors
Yes, Mayor we can do this for you. We have had this one on the agenda before.
Chevelle D. Nubin, CMC
City Clerk
100 N.W. 1st Avenue
Delray Beach, Florida 33444
(561) 243-7051
-----Original Message-----
From: Jeff Perlman [mailto:delcommish@hotmail.com]
Sent: Friday, April 21, 2006 10:30 AM
To: Nubin, Chevelle
Subject: FW: Mayor Bill Brooks' Request for help from my friends the League of Mayors
Can we do this for Mayor Brooks. We serve together on the Board of the
Florida League of Mayors. He's a wonderful man. Hope all is well.
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: "Bill Brooks" <bbrooks@wilbursmith.com>
>To: "Bill Brooks, P.E." <bbrooks@wilbursmith.com>,"Buddy Dyer"
><buddy.dyer@cityoforlando.net>,"Buddy Dyer"
><mayor@cityoforlando.net>,"Deloris Madison" <nmadry@comcast.net>,"Donald
>Slesnick" <donslesnick@coralgables.com>,"Eric Feichthaler"
><efeichthaler@capecoral.net>,"Frank Hibbard"
><frank.hibbard@myclearwater.com>,"Harry Goode"
><cityclerk@melbourneflorida.org>,"Jeff Perlman"
><mayor@mydelraybeach.com>,"John Fogg" <jfogg@ci.pensacola.fl.us>,"John
>Marks" <marksj@talgov.com>,"John Peyton" <jpeyton@coj.net>,"Manuel
>\"Manny\" Marono" <mlmarono@cityofsweetwaterflorida.com>,"pageen Hanrahan"
><citycOlllltl@ci.gainesville.fl.us>,"Pam Iorio"
><jeanette.fenton@ci.tampa.fl.us>,"Robert Apgar"
><apgarr@deland.org>,"Shirley Gibson" <GibsonS@miamigardens-fl.gov>,"Steve
>Abrams" <sabrams@ci.boca-raton.fl.us>,"Steven B. Feren"
><sbferen@aol.com>,"Walter Kelley" <mayor@cityoflynnhaven.com>,"Wayne
>Poston" <wayne.poston@cityofbradenton.com>
>Subject: Mayor Bill Brooks' Request for help from my friends the League of
>Mayors
>Date: Thu, 20 Apr 2006 16:49:09 -0400
>
>
>
>Hello to my colleagues in the Florida League of Mayors:
1
>
>
>
>(First, I apologize to those of you who are rece1v1ng this more than
>once from me, especially if you have already helped me again this year
>with this
>effort.)
>
>
>
>1 am Bill Brooks, Mayor of Belle Isle, Florida, member of the Board of
>the League of Mayors and most importantly an Advocate for the
>Children's Tumor Foundation (CTF).
>
>
>
>For two years now, many of you have helped me by issuing proclamations
>or resolutions proclaiming Mayas Neurofibromatosis (NF) Awareness
>Month for the Children's Tumor Foundation. Our first year, 11 cities
>helped, and last year there were 65. Our goal this year is 100 and
>frankly, we are desperately in need of your help to reach that goal.
>
>
>
>The CTF is a non-profit 501(c) (3) medical foundation, dedicated to
> improving
>the health and well being of individuals and families affected by NF, which
>is more prevalent than Cystic Fibrosis, Duchene Muscular Dystrophy and
>Huntington's Disease combined. There is no known cure, treatment or cause.
>It affects about 100,000 Americans, and about 1 in 4,000 newborns will have
>it.
>
>
>
>1 am asking you and your city to publicly announce Mayas
>Neurofibromatosis Awareness Month through a resolution or proclamation,
>which will help us to increase awareness of this genetic disease.
>
>
>
>The text below or in the attachment (Word file) contains a sample
>proclamation for your use.
>
>
>
>On behalf of the Children's Tumor Foundation, my five year old daughter
>and the more than 100,000 Americans who have been touched by this
>disease, we thank you for your consideration of a proclamation in one
>of your next meeting agendas for public reading. Everything we can do
>to help raise NF awareness is an important step toward a cure.
>
>
>
>1 sincerely thank you for your help. Please mail the proclamation to me
>and we will display all cities on our CTF web site and the New York
>headquarters. For more info, log onto www.ctf.org <http://www.ctf.org/>
>
>
>
>Gratefully,
>
>
>
>Bill Brooks
>
>Mayor, City of Belle Isle, Florida
>
2
>&
>
>Vice President
>
>Wilbur Smith Associates
>
>3191 Maguire Boulevard, Suite 200
>
>Orlando, Fl 32803
>
>ph. 407-896-5851
>
>Direct 407-902-2730
>
>fax 407-896-9165
>
>email bbrooks@wilbursmith.com
>
>
>
>proclamation
>
>Declaring May, 2006
>
>Neuro
fibroma
tosis Awareness Month
>
>
>
>Whereas, The Children's Tumor Foundation is observing Mayas National
>Neurofibromatosis (NF) Awareness Month to inform the public about this
>common genetic disorder; and
>
>
>
?Whereas,
>Dystrophy,
>
NF is more prevalent than Cystic Fibrosis, Duchenne Muscular
and Huntington's Disease combined; and
>
>
>Whereas,
>will develop
>public;
>and
>
>
>
>Whereas, NF causes tumors to grow along nerves throughout the body, and
>can affect the development of other parts of the body, such as bone and
>skin
>tumors, bone deformities such as scoliosis of the spine; leg bowing and/or
>twisting, progressive loss of hearing, sight and balance; learning
>disabilities; and other symptoms; and
Over 100,000 Americans have NF and one of every 4,000 newborns
the disorder, it still is relatively unknown to the
>
>
>
>Whereas, The Children's Tumor Foundation (www.ctf.org
><http://www.ctf.org/> , 800-323-7938)leads the efforts to support
>research aimed at finding the causes of the disorder and developing
>treatments and a cure, provide support to people with NF; and
>
>
>
>Whereas,
>prevent,
>
Much remains to be done to raise awareness of the need to
treat and cure NF;
3
>Now Therefore, I, , Mayor of the City of , in recognition of this
>important initiative, do hereby proclaim the month of May, 2006 as
>
>"Neurofibromatosis Awareness Month"
>
>
>
>
>
>
>
>
>
> , Mayor
>
>
>
>
>
>*** eSafe scanned this email for malicious content ***
>*** IMPORTANT: Do not open attachments from unrecognized senders ***
*** eSafe scanned this email for malicious content ***
*** IMPORTANT: Do not open attachments from unrecognized senders ***
4
WHEREAS, in 1984, a group of Palm Beach County women met to discuss
the need for a south county emergency shelter for adults and children who are victims
of domestic violence and a plan for a shelter was created; and
WHEREAS, through diligent efforts, the group raised $250,000 to match a
$250,000 grant from the Department of Housing and Urban Development to
purchase and renovate a two-story, residential home built in 1953 to serve as the
shelter; and
WHEREAS, since 1986, Aid To Victims of Domestic Abuse (A VDA) has
been a safe haven to thousands of victims of domestic violence. A VDA has
expanded to provide services including a 24 hour, 7 day a week emergency shelter,
transitional housing, crisis counseling, case management, legal advocacy, teen anti-
violence programs; in addition to community and professional educational training;
and
WHEREAS, A VDA's mission is to provide emergency shelter and support
services to victims of domestic abuse and individuals at risk regardless of age, color,
creed, sex, religion, or national origin. This is fulfilled by creating a safe environment
that supports and encourages positive change, dignity, and independence; and
WHEREAS, A VDA's mission reflects the dedication of the organization to
building a "Community of Hope " as they empower victims of domestic abuse to live their
lives independendy and free of fear; and
WHEREAS, A VDA celebrated their 20th Anniversary in April, 2006.
NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray
Beach, Florida, on behalf of the City Commission, do hereby congratulate
AID TO VICTIMS OF DOMESTIC ABUSE
on their 20th Anniversary and commend their outstanding dedication, service, and
support to our community; and urge everyone to join in this cause and become more
aware of the growing problem of domestic abuse in our society.
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 2nd day of May,
2006.
JEFF PERLMAN
MAYOR
:Pi
t9c
WHEREAS, millions of people throughout the world consider prayer the
most important utterance of mankind; and
WHEREAS, prayer comforts us in times of sorrow and gives us strength and
hope for the future; and
WHEREAS, throughout the history of our state and nation, Americans have
given thanks to God for the many blessings which God has graciously bestowed on
our nation and have humbly prayed for guidance, comfort, and protection; and
WHEREAS, we continue to give thanks for the men and women of the
military who defend freedom, and we humbly ask God for their protection and pray
for peace throughout the world. We ask God to keep His hand upon us and bless the
City of Delray Beach, the great State of Florida, and the United States of America; and
WHEREAS, the National Day of Prayer is recognized by Congress as a day
for all Americans to pray and reaffirm the spiritual principles upon which our nation
was founded; and
WHEREAS, this is the 55th anniversary of the annual observance of the
National Day of Prayer, and this year's theme is "America, Honor God", based on
Samuel 2:30 (NIV), "... Those who honor Me, I will honor. . . "; and
WHEREAS, on May 4, 2006, Americans across our nation and state will unite
in prayer to acknowledge our dependence upon God, give thanks for the many
blessings our country has received from Him, recognize our need for personal and
community repentance and renewal, invoke God's blessings upon our leaders and ask
God to protect and bless our nation.
NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray
Beach, Florida, on behalf of the City Commission do hereby proclaim May 4, 2006 as
NATIONAL DAY OF PRAYER
in the City of Delray Beach, Florida, and extend greetings and blessings to all
observing National Day of Prayer.
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 2ad day of May,
2006.
JEFF PERLMAN
MAYOR
o~
r!l-J
U>1J
~
Kucmerowski, Carolanne
From:
Sent:
To:
Subject:
Nubin, Chevelle
Wednesday, April 26, 2006 9:34 AM
Kucmerowski, Carolanne
FW: Mayor Bill Brooks' Request for help from my friends the League of Mayors
FYI.
Chevelle D.' Nubin, CMC
City Clerk
100 N.W. 1st Avenue
Delray Beach, Florida 33444
(561) 243-7051
-----Original Message-----
From: Jeff Perlman [mailto:delcommish@hotmail.com]
Sent: Tuesday, April 25, 2006 5:27 PM
To: Nubin, Chevelle
Subject: RE: Mayor Bill Brooks' Request for help from my friends the League of Mayors
Chevelle:
Sharon Wood and Mrs. Harden have asked for a proclamation for National Day
of Prayer. It needs to be read May 4. Do you have a copy?
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: "Nubin, Chevelle" <Nubin@ci.delray-beach.fl.us>
>To: "Jeff Perlman" <delcommish@hotmail.com>
>CC: "Kucmerowski, Carolanne" <Kucmerowsk@ci.delray-beach.fl.us>
>Subject: RE: Mayor Bill Brooks' Request for help from my friends the
>League
>of Mayors
>Date: Fri, 21 Apr 2006 10:55:48 -0400
>
>Yes, Mayor we can do this for you. We have had this one on the agenda
>before.
>
>Chevelle D. Nubin, CMC
>City Clerk
>100 N.W. 1st Avenue
>Delray Beach, Florida 33444
>(561) 243-7051
>
>
>-----Original Message-----
>From: Jeff Perlman [mailto:delcommish@hotmail.com]
>Sent: Friday, April 21, 2006 10:30 AM
>To: Nubin, Chevelle
>Subject: FW: Mayor Bill Brooks' Request for help from my friends the
>League of Mayors
1
[ITY DF DELRAY BEA[H
DELRAY BEACH
F LOR I D ^
lI.8:d
All-America City
, IIII~RU
100NW.1stflVENUE
DELRAY BEACH. FLORIDA 33444
DAVID HARDEN, CITY MANAGER
LULA BUTLER, COMMUNITY IMPROVEMENT DIRECTOR 08
JENNIFER BUCE, LITTER PREVENTIOQ3--
APRIL 27,2006
LITTER POSTER CONTEST
i~~~ FROM:
DATE:
SUBJECT:
ITEM BEFORE COMMISSION
Presentation of awards to the winners of the anti-litter campaign poster contest.
BACKGROUND
The Community Improvement Department is implementing a new program that is
concentrating on litter prevention. I thought a great way to start the campaign off and to
involve our youth in the community was to run a poster contest. The purpose was to
promote awareness of the litter issues in Delray Beach and the overall winner's poster
would be used for our marketing purposes in our city.
All of the public and private schools in Delray Beach were notified and invited to
participate in the contest. I received over 300 posters from American Heritage, Banyan
Creek, S.D. Spady, Unity, and Toussaint L' Overture High School. The committee had a
very tough decision to make for all of the posters were brilliant.
High School Level
1st place over all and winner of $100 savings bond - Max Van Arnem
2nd place and winner of $75 savings bond - Hannah Jacobson
3rd place - Thomas Jenkins
Honorable Mention - Duckson Pierre Louis
Elementary School Level
1st place and winner of $50.00 savings bond - Kimberly Galvin
2nd place - Annie Garner
3rd place - Morgan White
Honorable Mention - Nikki Sikes
Attached you will find a copy of the rules of the contest. The contest was very
successful and I learned that we have some incredible talent in Delray Beach.
@ Pnnted on Recycle(! Paper
THE EFFORT ALWAYS MATTERS
561/243 -7000
'1C-
City of Delray Beach
Anti-Litter Campaign Contest
Purpose of Contest
1. To promote awareness of litter issues in the City of Delray Beach.
2. To promote an anti-litter campaign in Delray Beach by developing an anti-
litter slogan to be used for marketing purposes in such ways as posters
and other forms.
Contest Rules
A. Eligibility
1. The anti-litter campaign contest is open to all students enrolled in a
Delray Beach School in a grade of Kindergarten through 12th grade.
B. How to Enter
1. Create and submit artwork, including an anti-litter slogan, on 81/2 x 11 or
11 x 17 papers. Artwork is intended for marketing purposes on 11 x 17
posters.
2. Entrants may use crayons, colored pencils, markers, Paint or any other
media to create their posters.
3. Students must fill out the included registration form and attach it to the
artwork.
4. Entries must be received no later than 5:00 pm on Friday, April 7, 2006
by mail or hand delivery at the City of Delray Beach, 100 NW 1st Ave.,
Delray Beach, FL 33444, Attention: Jennifer Buce, Litter Prevention
Coordinator.
5. Upon receipt of artwork by the City of Delray Beach, all entries become
the property of the City of Delray Beach. Submission of an entry
constitutes contest entrant's consent to the use of their artwork and
slogan. Under no circumstances will the City of Delray rent, sell, or trade
any contest entries.
6. Submission of an entry constitutes the entrants consent to allow the use
of their name without compensation, for publicity related to this contest if
they become one of the three division winners.
7. Entrants may submit more than one entry.
C. Selection Process
1. Qualified entries will be evaluated on the basis of creativity, originality,
and the ability to convey the anti-litter message.
2. Qualified entries will be divided into three divisions according to grade
level.
a. Division 1 Kinder~arten - 5th grade
b. Division 26th - 8 grade
c. Division 39th - 12th grade
3. In the preliminary stage, ten qualified entries from each age group will be
selected as finalist.
4. There will be a winner from each division and one of those winners will be
the grand prize winner.
5. All winners will be notified by phone and or mail. If a division winner,
including the grand prize winner does not respond within 7 days after
notification will forfeit their status as a winner, and an alternate winner will
be selected.
6. The selection process will take two weeks after the April 7th deadline.
D. Prizes and Recognition
1. All division winners will receive their prize at a City of Delray Beach
Commission meeting with date to be determined.
2. Prizes to be awarded
a.Division 1 winner will receive a $50.00 savings bond
b.Division 2 winner will receive a $75.00 savings bond
c.Division 3 winner will receive a $100.00 savings bond and be
honored further by having their artwork and slogan displayed around
the City of Delray Beach as posters and other forms of marketing
tools.
If you have any questions, please call Jennifer Buce, Litter Prevention
Coordinator at (561 )243-7138 or e-mail herBuce@cLdelray-beach.fl.us
I look forward to seeing all of Delray's talent!
City of Delray Beach
Anti-Litter Campaign Entry Form
Name:
Address:
Phone:
Name of School:
Grade in school:
Please use a paper clip to attach entry form to poster and mail to:
City of Delray Beach
100 NW 1st Ave.
Delray Beach, FL 33444
Attention: Jennifer Buce
Deadline for entry forms is 5:00 pm, April 7, 2006.
If you have any questions, please call Jennifer Buce at (561)
243-7138 or e-mail Buce@cLdelrav-beach.fl.us
Date: April 27, 2006
Agenda Item No. '\ e....-
AGENDA REQUEST
Agenda request to be placed on:
_X_Regular _ Special
_ Workshop
Consent
When: May 2, 2006
Description of Agenda Item:
Litter Poster Contest - Presentation of Aawards to the Winners of the Anti-Litter Poster
Contest
Ordinance/Resolution Required: Yes / No
Draft Attached: Yes / No
Recommendation: Approval
Department Head Signature:
rh~'
City Attorney ReviewIRecommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No
Funding Alternatives:
Account # & Description:
(if applicable)
City Manager Review:
Approved for agenda:8 No ~
Hold Until: :
Agenda Coordinator Review:
Received:
Action: Approved / Disapproved
Date: April 18. 2006
AGENDA ITEM NUMBER:~
AGENDA REQUEST
Request to be placed on:
_Consent Agenda -.!...Regular Agenda _Workshop Agenda _Special Agenda
When: May 2. 2006
Description of Agenda Item (who, what, where, how much): Jeff Kadel. a
member of the Miracle League committee. will be present to update City
Commission on the progress of the Miracle League diamond.
Department Head
Signature:
w.~
City Attorney R v ewlReconunendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes I No Initials:
Account Number
Description
Account Balance:
Funding Alternatives:
(if applicable)
City Manager Review:
Approved for Agenda@ No Initials: 4
Hold Until:
Agenda Coordinator Review:
Received:
[ITY DF DELRAY BEA[H
CITY ATTORNEY'S OFFICE
:'()() NW hl AVEI\IL' DFLR/,\Y BEACH, FLORIDA 33444
IlLEI'1l0'iE: )(, I /~.+, 70t)O . FACSIMILE: 561/278-4755
DELRAY BEACH
F LOR I D A
~
All-America City
" III! DATE
Writer's Direct line: 561/243-7090
MEMORANDUM
April 26, 2006
1993
2001
TO:
City Commission
David T. Harden, City Manager
rPJ
FROM:
Terrill Barton, Assistant City Attorney
SUBJECT: Tri-Party Operating Agreement for the Miracle League Field at Miller Park
Attached is an agreement between the City of Delray Beach, ("City"), the Miracle League
of Delray Beach, Inc. ("MLDB"), and Anthony Pugliese, III as Trustee for Anthony
Pugliese, V, ("Naming Rights Sponsor"). This agreement grants the Miracle League of
Delray Beach a license to use one of the fields at Miller Park as referenced in the
agreement for the purpose of constructing a baseball diamond with cushioned, synthetic
turf, and wheelchair accessible dugouts to accommodate disabled children. Anthony
Pugliese, III as Trustee for Anthony Pugliese, V has agreed to donate one hundred and fifty
thousand dollars ($150,000.00) towards the construction of the field in exchange for the
right to name the Miracle League Field.
Under the agreement, the Miracle League of Delray Beach shall be responsible for funding
construction of the field and shall be granted a license to use the field exclusively from
8am to 8pm on Saturdays and Sundays (and any other day with advance notice to the
City's parks department). The City will be responsible for the basic maintenance of the
Field, while the Miracle League of Delray Beach in conjunction with the Naming Rights
Sponsor will be responsible for the cost and replacement of any major components
(including field materials, scoreboard, fencing, and/or the restroom/concession building).
Please place this agreement on the May 2, 2006 City Commission agenda for
consideration.
Enc.
cc: Chevelle Nubin, City Clerk
Joe Weldon, Director of Parks and Recreation
Tom Kwiatek, Recreation Supervisor
'1 D.~
TRI-PARTY OPERATING AGREEMENT FOR THE
MIRACLE LEAGUE FIELD AT MILLER PARK
THIS TRI-PARTY OPERATING AGREEMENT is made this
day of
, 2006, between the CITY OF DELRAY BEACH, a Florida
municipal corporation ("City"), ANTHONY V. PUGLIESE, III, TRUSTEE FOR
ANTHONY V. PUGLIESE, V ("Naming Rights Sponsor") and MIRACLE LEAGUE OF
DELRAY BEACH, INC., a not-for-profit 501 (c)(3) corporation ("Miracle League").
WIT N E SSE T H:
WHEREAS, the City owns/leases part of the property known as Miller Park, and
licenses its use to BDBBS, Inc. and
WHEREAS, the City has indicated its support for the construction of a Miracle
League Field at Miller Field by the Miracle League of Delray Beach, Inc. (MLDB); and
WHEREAS, the field will be constructed by the MLDB with a cushioned synthetic
turf, to help prevent injuries, have wheelchair accessible dug-outs and a flat surface to
eliminate any barriers to the wheelchair bound or visually impaired players; and
WHEREAS, the sale of naming rights to the Miracle League Field and other
sponsorships will assist in raising a significant portion of the estimated cost of
construction and maintenance; and
WHEREAS, in order to insure that the field is maintained properly after it is
constructed, the City has agreed to maintain the field as herein provided; and
WHEREAS, the City Commission commends the Miracle League of Delray
Beach, Inc. and the Naming Rights Sponsor for making such a valuable contribution
1
so that all our children are allowed to enjoy games they would not otherwise be able to
play.
NOW, THEREFORE, upon the mutual covenants herein provided, the parties
agree as follows:
1. Recitals. The recitals set forth herein are hereby incorporated as if fully
set forth herein.
2. General Conditions for the Miracle Leaaue Field. The Miracle League
Field shall be named by Naming Rights Sponsor as set forth in Paragraph Q below.
The Miracle League Field shall be constructed in the location as depicted in Exhibit "A"
to this Agreement by the Miracle League of Delray Beach, Inc. The Miracle League
Field is subject to the terms of all previous leases and licenses not in conflict with this
Agreement.
3. Construction of the Miracle Leaaue Field. The Miracle League Field
shall be constructed in a manner that meets all Miracle League Field design
components. It is anticipated that construction shall be complete within two (2) years of
the execution of this Agreement.
4. Maintenance. The City shall maintain the field and facilities upon the
property, sufficient to meet the standards of maintenance of a City facility and all
reasonable requirements for the maintenance of Miracle League Fields. Maintenance
shall not mean total repla~ement of any improvement. If the major components of the
Miracle League Field are damaged by acts of God in a manner that prohibits its use,
then the refurbishment shall be at the expense of the Miracle League of Delray Beach,
2
Inc. Failure to refurbish within a one year period after notice is given of the need to
refurbish the field or improvements, shall result in this Agreement being void, unless the
time limit is extended in writing by both parties. The Miracle League of Delray Beach,
Inc. and the Naming Rights Sponsor shall not have any initial or ongoing
maintenance responsibilities.
5. Use. The Miracle League of Delray Beach, Inc. shall be entitled to
exclusive use the Miracle League Field, as well as newly constructed parking on
Saturdays and Sundays from 8 a.m. through 8 p.m. and at any other time after first
seeking approval from the parks department. Any other groups, entities or individuals
desiring to use the Miracle League Field shall seek a permit from the City.
6. Namina Riahts and Sponsorship.
(a) The Miracle League of Delray Beach, Inc. shall have the right to
sell naming rights and sponsorships in order to raise money to construct and improve
the Miracle League Field. The City reserves the right to accept, reject or terminate, in
its sole discretion, any naming rights sponsor or sponsors/advertisers or continuation of
such naming rights or sponsorships that would not promote a positive image for the City
or fail to be in the public's best interest or that conflicts with other agreements the City
has for vending rights or similar contracts. If such adverse action is taken by the City,
against any naming rights sponsors or sponsors, they shall no longer have the right to
be affiliated with or continue to be recognized in any way with the Miracle League Field,
and any applicable rights under this Agreement shall cease. The Miracle League of
Delray Beach, Inc. shall inform all naming rights sponsors or the sponsor/advertisers of
3
these rights and limitations and all such sponsors and sponsor/advertisers shall be
subject to all applicable terms of this Agreement.
(b) The Miracle League of Delray Beach, Inc. hereby awards the
naming rights sponsorship of Miracle League Field to the Naming Rights Sponsor as
identified in this Agreement. The purchase of the naming right sponsorship shall mean
that the Miracle League Field shall be known as the "[Naming Rights Sponsor's Name]
Miracle League Field of Delray Beach", until January 29, 2079 when the City's lease
with Palm Beach County for the use of Miller Park expires so long as Naming Rights
Sponsor agrees to provide fifty percent (50%) of the funds necessary to repair or
replace any major component of the Miracle League Field due to wear/tear and/or
expiration of product within three (3) months after notice of need for same has been
provided to Naming Rights Sponsor and so long as the terms of this Agreement are
met. Miracle League of Delray Beach, Inc. agrees to provide the remaining fifty
percent (50%) of the funds within three (3) months of notice of need for same,. If the
Naming Rights Sponsor does not pay up to fifty percent (50%) of the costs for
repair/replacement of major components, then the Miracle League of Delray Beach,
Inc. shall have the right to pursue a new Naming Rights Sponsor and immediately void
this agreement and terminate all of the Naming Rights Sponsor's rights herein. Major
components shall include: field materials, fencing, scoreboard and
restroom/concessions building. If the City and the County renew their lease for the
City's use of Miller Park, then all parties to this Agreement may continue this agreement
upon mutual consent. A sign denoting this name shall be prepared by the Miracle
4
League of Delray Beach, Inc. meeting the ordinances and policies of the City of Delray
Beach, and shall be mutually acceptable to all parties. The Naming Rights Sponsor
signs shall be placed on top of the scoreboard, on the Miracle League Founder's Wall
and shall be included in all print media put out by the City of Delray Beach or the
Miracle League of Delray Beach, Inc. when referencing the Miracle League Field.
(c) In addition, the Naming Rights Sponsor shall receive a total of ten tickets
each year at no cost for the Dinner/Auction fundraising event for the Miracle League of
Delray Beach, Inc. and shall be named on a Miracle League Recognition Plaque.
(d) The Miracle League Naming Rights Sponsor may sponsor one or more
teams on the same terms as other sponsors and supply uniforms and equipment at its
own cost, subject to the Miracle League of Delray Beach, Inco's approval in order to
ensure broad community participation.
(e) The naming rights herein conveyed shall not limit the other
sponsors/advertisers names from being affiliated with or recognized in any way as being
associated with the Miracle League or Miracle League Field or any real or personal
property, so long as their name is not used as a name for the Miracle League Field
itself. However, other sponsors/advertisers may lend their names which may be
associated with the Miracle League or Miracle League Field or affixed to various Miracle
League Field components.
(f) The Naming Rights Sponsor's financial commitment shall be
commensurate with the Miracle League of Delray Beach, Inc. attached commitment
schedule (attached hereto as Exhibit "B").
5
7. Entire AQreement. This Agreement constitutes the entire agreement
between City, Naming Rights Sponsor and Miracle League and may not be altered,
amended, or modified except by an instrument in writing signed by the parties to the
agreement with all the same formalities as this agreement.
8. GoverninQ 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. Notices. Any notice or communication under this Agreement shall be in
writing and may be given by registered or certified mail. If given by registered or
certified mail, the notice or communication shall be deemed to have been given and
received when deposited in the United States Mail, properly addressed, with postage
prepaid. If given otherwise, than by registered or certified mail, it should be deemed to
have been given when delivered to and received by the party to whom it is addressed.
The notices and communication shall be given to the particular parties at the following
addresses:
City: David Harden, City Manager
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Naming Rights Sponsor: Anthony V. Pugliese, III
Trustee for Anthony V. Pugliese, V
101 Pineapple Grove Way
Delray Beach, Florida 33444
Miracle League: Julia Kadel
Miracle League of Delray Beach
P.O. Box 7211
Delray Beach, FL 33482
6
Either party may at any time by giving ten (10) days written notice designate any other
person or entity or any other address in substitution of the foregoing to which the notice
or communication shall be given.
10. Assianment. This Agreement shall not be assigned or transferred
without the consent of the City and MLDB.
11. Indemnification. Miracle League of Delray Beach, Inc. does hereby
release and agree to indemnify, defend, save, and hold harmless the City, its
designees, officers, agents and employees from and against all claims, actions, causes
of action, demand, judgments, costs, expenses, and all damages of every kind in nature
arising out of or connected with, directly or indirectly, the Miracle League. of Delray
Beach, Inc. and/or Naming Rights Sponsor's use and construction of the Miracle
League Field.
12. Termination or Cancellation of Aareement. This Agreement may be
terminated by the City if one of the following occurs.
(a) Institution of proceedings in voluntary bankruptcy by the Licensee.
(b) Institution of proceedings in involuntary bankruptcy against the
Licensee if such proceedings lead to adjudication of bankruptcy and the Licensee fails
within ninety (90) days to have such adjudication reversed.
(c) A failure, neglect or a refusal within six (6) months to cure after
receiving notice thereof from City to conform to any direction or instruction that may be
properly given by City or failure to conform to any applicable law, ordinance of
7
regulation of the City, County, State, or Federal government, or shall fail, neglect or
refuse to pay any amount due hereunder within six (6) months after the same shall
become due or shall default in the performance of any of the material terms or
provisions herein required, it shall then be lawful for City, at its option, to declare this
Agreement terminated and forfeited and City may, in addition to other remedies
available to City, thereupon re-enter and possess unto itself all rights and privileges of
ownership or by virtue of its lease and in the event that Miracle League Field or its
designee shall remain in possession one (1) day or more after such termination or
forfeiture, the entity or person in possession shall be deemed guilty of a forcible
trespass.
(d) Failure to construct or operate in a manner consistent with the
public interest and this Agreement.
(e) The City and/or MLDB may terminate this Agreement in
accordance with Paragraph 6(A) if the Naming Rights Sponsor fails to promote a
positive image (i.e. he is convicted of a crime of moral turpitude) for the City or if it is
determined that the Agreement is no longer in the public's interest or if this Agreement
conflicts with other agreements that the City has for vending rights or similar contracts.
13. The parties understand that the use of the field shall be open to the public
after proper permit approval on the same basis as other City facilities except for those
times assigned to MLDB as outlined in this agreement and the parties have no right to
otherwise restrict the use of the field unless it is determined that general or specific use
8
of the field could cause injury or damage to the specific materials used in the
construction of the field.
14. This Agreement is not effective until signed by both parties.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be
executed by their proper officials on the day and year first above written.
By:
CITY OF DELRAY BEACH, FLORIDA
By:
ATTEST:
City Clerk
Jeff Perlman, Mayor
ANTHONY V. PUGLIESE, III, TRUSTEE
FOR ANT. Y V UGLlESE, V
,
behalf of the corporation. He/stre-is
, n
to me or h::ls I3reeluced
and did ~id Ilot)"
take an oath.
NOTARY PUBUC-STA'fE <JF FLORIDA
~ Denise A. Wells
Commission # DD44 7994
Expires: JUlY 06, 2009
Bonded Thru Atlantic Bonding Co., Inc.
9
WITNESSES:
~~ -
Pnnt Name: C et'l i"oo<. :Iy, 3kSe
. tjMc~~
PrinTName: .' - ~
MIRACLE LEAGUE OF DELRA Y
BEACH, I~
By: C---
Print Name' ~'C.-E=-(-- \~c}.
STATE OF FL~IDA
COUNTY OF ~~ ~CLG~
The foregoing instrument was acknowledged before me this 21~ay of
h', \ , 2006, by . '- '.k4 Kecd.e.. , (name of officer or agent,
title of officer or agent) of j\\lvacJ~ LPt}%0U ~~\ffl.-4\Rl(~r:lame of corporation
acknowledging), a t="\,., r \ da.. (state or place of incorporation) corporation, on
behalf of the corporation. He/She is personally known to me or has produced
r?L DL. J<.3Llo.-4Z,4-(:,1 '--1.JQ-O (type of identification) as identification and did (did not)
take an oath.
~t-~'( PCl~ Joanna M. Weaver
!"'" ~ Commission # 00285035
~. \)H Expires February 6,2008
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EXHIBIT "B"
"Commitment Schedule"
Amount When Due
$50,000 When the Naming Rights Agreement is executed
$20,000 When the contract for the field is executed
$50,000 When the field materials are delivered
$15,000 When the field is installed
$15,000 When the final surface painting is complete
Date: April 26, 2006
AGENDA ITEM NUMBER:~
AGENDA REQUEST
Request to be placed on:
_Consent Agenda --.!....Regular Agenda _Workshop Agenda _Special Agenda
When: May 2, 2006
Description of Agenda Item (who, what, where, how much): Request approval
for Tim Sharp of CH2M Hill to present to City Commission the site plan for
Bexley Park.
City Attorney Revi wlRecommendation (if applicable):
w~
Department Head
Signature:
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes I No Initials:
Account Number
Description
Account Balance:
Funding Alternatives: (if applicable)
City Manager Review:
Approved for Agenda:@NO Initials: 4
Hold U nti!:
Agenda Coordinator Review:
Received:
MEMORANDUM
FROM:
MAYOR AND CIlY COMMISSIONERS
CITY MANAGER~
AGENDA ITEM # ~A - REGULAR MEETING OF MAY 2,2006
RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD ACTION
TO:
SUBJECT:
DATE:
APRIL 28, 2006
This is before the City Commission to ratify the action taken by the South Central Regional
Wastewater Treatment and Disposal Board at their Quarter Annual Meeting on April 20, 2006.
By a vote of 8 to 0, the SCRWTD Board approved the following:
. Authorization to enter into a contract with John J. Kirlin, Inc., in the amount of $5,315,000.00
to construct the 6 mgd reclaim expansion.
. Authorization to approve Hazan and Sawyer Task Order 06-002 for reclaim expansion to
perform construction service in the amount of $472,760.00.
Recommend ratification of the action approved by the SCRWTD Board on April 20, 2006.
S:\City Clerk\agenda memos\.SCRWID Board Action of 042006
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF APRIL 20, 2006
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on April 20, 2006, by a vote of~C , Authorization to enter into contract with
John J. Kirlin, Inc., in the amount of $5,315,000 to construct the 6 mgd reclaim
expansion.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and the
City of Delray Beach.
NOW, THEREFORE, the City of Delray hereby ratifies said Board action independently.
The above action is hereby ratified in open session by the City of Delray Beach this _
day of , by a vote.
CITY OF DELRAY BEACH
By:
Mayor
Attest:
City Clerk
Approved as to form:
City Attorney
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF APRIL 20, 2006
WHEREAS, the South Central Regional Wastewater Treatment and Disposal
Board did on April 20, 2006, by a vote of 9,-0 ,Authorization to approve
Hazen and Sawyer Task Order 06-002 for reclaim expansion to perform
construction service in the amount of $472,760.00.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and the
City of Delray Beach.
NOW, THEREFORE, the City of Delray hereby ratifies said Board action independently.
The above action is hereby ratified in open session by the City of Delray Beach this_
day of , by a vote.
CITY OF DELRAY BEACH
By:
Mayor
Attest:
City Clerk
I Approved as to form:
City Attorney
MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ffJ'1
AGENDA ITEM # ~€. - REGULAR MEETING OF MAY 2.2006
RESOLUTION NO. 22-06
TO:
SUBJECT:
DATE:
APRIL 28, 2006
This is a resolution assessing costs for abatement action required to remove nuisances on four (4)
properties throughout the City.
The resolution sets forth the actual costs incurred and provides the mechanism to attach liens against
the properties in the event the assessments remain unpaid.
Recommend approval of Resolution No. 22-06.
tAgmemoCE Res 22-06,DOC
RESOLUTION NO. 22-06
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE
CODE OF ORDINANCES OF THE CITY OF DELRA Y BEACH,
ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN
LAND(S) LOCATED WITHIN THE CITY OF DELRA Y BEACH AND
PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE
NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS
INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT
AND LEVYING THE COST OF SUCH ABATEMENT OF
NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A
DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR
THE RECORDING OF THIS RESOLUTION, AND DECLARING
SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR
UNPAID ASSESSMENTS.
WHEREAS, the City Manager or his designated representative has, pursuant to
Chapter 100 of the Code of Ordinances, declared the existence of a nuisance upon certain lots or
parcels of land, described in the list attached hereto and made a part hereof, for violation of the
provisions of Chapter 100 of the Code of Ordinances; and,
WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the Code of
Ordinances of the City of Dekay Beach, the City Manager or his designated representative has
inspected said land(s) and has determined that a nuisance existed in accordance with the standards
set forth in Chapter 100 of the Code of Ordinances, and did furnish the respective owner(s) of the
land(s) described in the attached list with written notice of public nuisance pursuant to Sections
100.20, 100.21 and 100.22 of the Code of Ordinances describing the nature of the nuisance(s) and
sent notice that within ten (10) days from the date of said notice (forty-two (42) days in the case of
violation of Section 100.04 pertaining to seawalls) they must abate said nuisance, or file a written
request for a hearing to review the decision that a nuisance existed within ten (10) days from the
date of said notice, failing which the City of Dekay Beach would proceed to correct this condition
by abating such nuisance, and that the cost thereof would be levied as an assessment against said
property; and,
WHEREAS, the property owner(s) named in the list attached hereto and made a part
hereof did fail and neglect to abate the nuisance(s) existing upon their respective lands or to properly
request a hearing pursuant to Section 100.21 and 100.22 within the time limits prescribed in said
notice and Chapter 100 of the Code of Ordinances, or if the property owner(s) did request and
receive a hearing, said property owner(s) failed and/or neglected to abate such nuisance(s) within the
time designated at the hearing wherein a decision was rendered adverse to the property owner(s);
and,
WHEREAS, the City of Delray Beach, through the City Administration or such agents
or contractors hired by the City Administration was therefore required to and did enter upon the
land(s) described in the list attached and made a part hereof and incurred costs in abating the subject
nuisance(s) existing thereon as described in the notice; and,
WHEREAS, the City Manager of the City of Dekay Beach has, pursuant to Chapter
100 of the Code of Ordinances of the City of Dekay Beach, submitted to the City Commission a
report of the costs incurred in abating said nuisance(s) as aforesaid, said report indicating the costs
per parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter
100 of the Code of Ordinances desires to assess the cost of said nuisance(s) against said property
owner(s),
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments in the individual amounts as shown by the report of the
City Manager of the City of Delray Beach, involving the City's cost of abating the aforesaid
nuisances upon the lots or parcels of land described in said report, a copy of which is attached
hereto and made a part hereof, are hereby levied against the parcel(s) of land described in said report
and in the amount(s) indicated thereon. Said assessments so levied shall, if not paid within thirty
(30) days after mailing of the notice described in Sec. 3, become a lien upon the respective lots and
parcel(s) of land described in said report, of the same nature and to the same extent as the lien for
general city taxes and shall be collectible in the same manner as mortgages and foreclosures are
under state law.
Section 2. That such assessments shall be legal, valid and binding obligations upon the
property against which said assessments are levied.
Section 3. That the City Clerk of the City of Delray Beach is hereby directed to
immediately mail by first class mail to the owner(s) of the property, as such ownership appears upon
the records of the County Tax Assessor, notice(s) that the City Commission of the City of Dekay
Beach at the May 2. 2006 meeting has levied an assessment against said property for the cost of
abatement of said nuisance by the City, and that said assessment is due and payable within thirty (30)
days after the mailing date of said notice of assessment, after which a lien shall be placed on said
property, and interest will accrue at the rate of 8% per annum, plus reasonable attorney's fees and
other costs of collecting said sums. A Notice of Lien shall be mailed, along with the Notice of
Assessment and this resolution.
Section 4. That this resolution shall become effective thirty (30) days from the date of
adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after
2
Res. No. 22-06
the mailing date of the notice of said assessment(s), after which a lien shall be placed on said
property(s), and interest shall accrue at the rate of eight (8) percent per annum plus, if collection
proceedings are necessary, the costs of such proceedings including a reasonable attorney's fee.
Section 5. That in the event that payment has not been received by the City Clerk
within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby
directed to record a certified copy of this resolution in the public records of Palm Beach County,
Florida, and upon the date and time of recording of the certified copy of this resolution a lien
shall become effective on the subject property which shall secure the cost of abatement,
interest at the rate of 8%, and collection costs including a reasonable attorney's fee.
PASSED AND ADOPTED ill regular seSS10n on this
,2006.
day of
MAYOR
City Clerk
1bis instrument was prepared by:
Susan A. Ruby, City Attorney
200 N.W. 1st Avenue
Delray Beach, Florida 33444
ATTEST:
3
Res. No. 22-06
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCE
PROPERTY DESCRIPTION OWNER ASSESSMENT
146 SW 4TH AVENUE J FELIX DELANCY
TOWN OF DELRA Y 470 DEKALB AVENUE
N 1/2 OF E 1/2 OF L T 16 BLK 30 PB1 PG 3 BROOKLYN, NY 11205-4448 $181.00 INV # 8293
PCN 12-43-46-16-01-030-0162 $ 55.00 ADMIN FEE
INVOICE NO. 29377 - CE NUISANCE ABATEMENT $236.00
CUST. NO. 8293
CASE NO. 05-00048278
700 AVENUE CHAUMONT DOLORES G BEll EST
CHATELAINE NO.1 700 AVENUE CHAUMONT
LT 13 BlK 5 PB29 PG94 DElRA Y BEACH, Fl 33445-2202 $ 392.00 INV # 29376
PCN 12-42-46-12-03-005-0130 $ 55.00 ADMIN FEE
INVOICE # 29376 - CE NUISANCE ABATEMENT $ 447.00
CUST. NO. 9996
CASE NO. 05-00049464
REAR OF 506 SOUTHRIDGE SHOREWALKER HOMES LLC
SOUTHRIDGE PL 2 1613 REDGRAVE ROAD
LTS 26 & 27 BLK 10 PB13 PG39 KNOXVilLE, TN 37922 $ 181.00 INV # 29416
PCN 12-43-46-20-13-010-0260 $ 55.00 ADMIN FEE
INVOICE # 29416 - CE NUISANCE ABATEMENT $ 236.00
CUST. NO. 10325
CASE NO. 05-00048783
101 SW 11TH AVENUE CAROLINA OVALLE
ATLANTIC GARDENS DELRAY 1700 N BAY ROAD #508
L T 1 BLK 9 PB14 PG63 MIAMI, FL 33160 $ 292.00 INV# 29415
PCN 12-43-46-17-23-009-0010 $ 55.00 ADMIN FEE
INVOICE # 29415 - CE NUISANCE ABATEMENT 347.00
CUST. NO, 11937
CASE NO. 05-00046609
VIOLATION IS: SECTION 100.01 - LAND TO BE KEPT FREE
OF DEBRIS, VEGATION, MATTER CONSTITUTING HAZARDS; DECLARED
NUISANCE
Page 1
RES. No. 22-06.xls
{~
FROM:
~Vl~~'~AGER
P~~L DORLlN.J ~, DIRECTt'R OF PLANNING AND ZONING
(,"M"""?G' ~fJI1-~'.~
AMY E:ALVAREZ, HI5)TORIC PRESERVATION PLANNER
MEETING OF May 2, 2006 **CONSENT AGENDA**
ACCEPTANCE OF A RIGHT-OF-WAY DEDICATION ASSOCIATED WITH 114
NE 1st AVENUE.
TO:
THRU:
SUBJECT:
The action requested of the City Commission is acceptance of a right-of-way deed associated
with the development of 114 NE 1st Avenue, located on the west side of NE 1st Avenue between
NE 1st Street and NE 2nd Street, within the OSSHAD (Old School Square Historic Arts District).
At its meeting of June 15, 2005, the Historic Preservation Board (HPB) approved a Class V Site
Plan Application for 114 NE 1st Avenue, subject to conditions, which included recordation of a
right-of-way deed. The approval was for the relocation of two historic structures located outside
of the city's five historic districts onto the subject property, relocation of the existing structure
within the property, and conversion of the property's use to professional offices with associated
parking and landscaping.
Pursuant to LOR Section 5.3.1 (D) (2), the required width of an alley is 20' or the existing
dominant width. Further, pursuant to LOR Section 5.3.1 (D) (3), additional right-of-way width
may be required to promote public safety and welfare; to provide for storm water management;
to provide adequate area for street trees; and to ensure adequate access, circulation and
parking in high intensity use areas. Such a determination is to be supported by a
recommendation from the City Engineer.
The currently dedicated alley right-of-way is 16', The City Engineer has determined that the
width of the alley should be expanded to a width of 20', which is consistent with the widths that
have been provided with recent redevelopment proposals in the downtown. Therefore, a
dedication of two feet (2') (one-half the additional right-of-way) from the subject property is
required. The City Attorney has reviewed the Right-of-Way Deed for legal sufficiency and form,
and has determined it to be acceptable.
By motion, accept the right-of-way deed associated with 114 NE 1st Avenue.
Attachments:
CJ Location Map
CJ Reduced Site Plan
CJ Right-of-Way Deed
3~
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Prepared by: RETURN:
R. Brian Shutt, Esq.
City Attorney's Office
200N.W.1stAvenue
Delray Beach, Florida 33444
PIN # t~/f~/1(/~ IlJ-OI--OUl-O/40
w C1JnllfU\iifl.-~U~~-OF-WAYDEED
,..f-; .I~ THIS IND TV (. made this2:~If';l,daY of ~ttLtL, 20riJ ~'F~I
,D~ " . a mailing address of ft;tJ ~ OWlf'J
!b...'t as p 0 e first part and CITY OF DEL~Y I
AC ORIn, a lori Unlcipal corporation with a mailing address of 100 N.W. 1st
Avenue, Delray Beach, Florida 33444, as party ofthe second part.
WITNESSETH:
That said party of the first part, for and in consideration of the mutual promises
herein contained and other good and valuable consideration, does hereby grant, remise, release,
quit claim and convey unto the party of the second part, its successors and assigns, all right, title,
interest, claim and demand which the party of the first part has in and to the following-described
land, situate, lying and being in the County of Palm Beach, State of Florida, to-wit:
See Exhibit "A" attached hereto.
This Deed is made for the purpose of giving and granting to the party of the
second part, its successors and assigns, a right-of-way and easement in and to said lands for
public highway, street, and public utility purposes and 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 .
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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. \ . -r . .s:: fl I 1L&
\"c.)'.((' J...rI"LS"\M.(,....i\S 01 '.A\rIr1 "-
PARTY OF THE FIRST PART
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BY:~~ ~tMLLU
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(Name prin ed :r\e f1J vIi.1 810A-1
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The foregoing instrument was ac owle
fV\ ~ 200 b~'ri\s< Lo. rf\c.~U,""'o.\"', b~Cl.
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me or has produced as identification.
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Signature of otary Public -
State of Florida
....!P.:~ KATHRYN S. DClUGLAS
/:f' :.~ MY COMMISSION' DO 378781
EXPIRES: JanU8IY 14, 2009
BoodId Thru Nol8ry NlIe UndIIwIlIIII
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BOUNDARY SURVEYS
MORTGAGE SURVEYS
CONSTRUCTION LAYOUT
310 SOUTH FEDERAL HIGHWAY. P.O. BOX 759 . BOYNTON BEACH, FLORIDA 33425
BOYNTON BEACH Phone (561) 737-6546 . Fax (561) 734-7546
2' ADDITIONAL RIGHT OF WAY
LOT 14, BLOCK 67
CITY OF DELRA Y BEACH, FLORIDA
THE WEST 2.00 FEET OF LOT 14, BLOCK 67, CITY OF DELRAY BEACH
(FORMERLY KNOWN AS THE TOWN OF LINTON, ACCORDING TO THE
PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE 3, OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY FLORIDA
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I HEREBY CERTIFY THAT THE DESCRIPTION AND ATTACHED SKETCH OF DESCRIPTION WERE
PREPARED IN ACCORDANCE WITH TIffi SURVEYING STANDARDS, CHAPlER 610176, FLORIDA
ADMINISTRATION CODE, SET FOURTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND
MAPPERS, PURSUANT TO SECTION~472.027, F1,ORIDA ST ATIJTES, AND IS TRUE AND CORRECT TO THE
BEST OF MY KNOWLEIXJE AND BELIEF, UNLESS IT BFARS THE SIGNATURE AND THE ORIGINAL RAISED
SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, TIllS DRAWING, SKETCH, PLAT OR MAP IS
FOR INFO TION PURPOSES ONLY AND IS NOT VALID.
NOTE; TIllS IS NOT A SKETCH OF SURVEY,.BUT ONI.. Y
A GRAPmC DEPICTION OF THE DESCRIPTION SHOWN
HEREON, TIIERE HAS BEEN NO FIELD WORK VIEWING
OF THE SUBJECT PROPERTY, OR MONUMENTS SET IN
CONNECTION WIlli TIIE PREPARATION OF TInS
INFORMATION SHOWN HEREON,
LB 2102
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Joe Tucker
NOTE; LANDS SHOWN HEREON WERE NOT ABSTRACTED
FOR RIGHTS OF WAYS EASEMENTS OF RESERVATIONS
OF RECORD
219 S,E, 23RO AVENUE
P,O, BOX 759
BOYNTON BEACH, FlORIDA 33-435
PI;Ione:
Boca (5/?1) 391-4388
Boynton (561) 737 -6546
FAX (561) 734-7546
Joseph M. Tucker, P.L.S.
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BOYNTON BEACH Phone (561) 737-6546 . Fax (561) 734-7546
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LOT 14, BLOCK 67
CITY OF DELRA Y BEACH
~ 'PLAT BOOK 1, PAGE 3 .
, PALM BEACH COUNTY, FLORIDA
PCN 12-43-46-16-01-067-0140
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Prepared by: RETURN:
R. Brian Shutt, Esq.
City Attorney's Office
200 N.W. 1st Avenue
Delray Beach, Florida 33444
SUBORDINATION OF ENCUMBRANCE TO THE PROPERTY
RIGHTS TO THE CITY OF DELRA Y BEACH. FLORIDA
KNOW ALL MEN BY THESE PRESENTS: That whereas it is required by the City of
Delray Beach to provide certain width of right-of-way in accordance with its Comprehensive
Plan; and,
WHEREAS, a portion of the lands required to be dedicated to the City is subject to a
mortgage held by the undersigned; and
WHEREAS, on behalf of the City of Delray Beach, a request has been made for the
undersigned to subordinate said encumbrance to the property rights of the City of Delray Beach
in and to the portion of the premises hereinafter described.
NOW THEREFORE, WI1NESSETH: That for and in consideration of the mutual
promises herein contained and other good and valuable consideration, the undersigned
subordinates said encumbrance to the property rights of the City of Delray Beach, Florida, to
provide for the dedication of right-of-way of the following described lands, being a portion of
the encumbered premises in Palm Beach County, Florida, to wit:
See Exhibit "A" Attached hereto
insofar as said premises are affected by the following described encumbrance now held by the
undersigned:
NATURE
ENCUMBRANCE
DATE
FROM OR AGAINST IN FAVOR OF
RECORDED
BOOK-PAGE
PROVIDED, AL WAYS, NEVERTHELESS, and it is expressly understood and agreed that this
instrument subordinates said encumbrance insofar as same affects the rights and privileges of the
. .,.
..
City of Delray Beach in its use of the land specifically above described for right-of-way and that
nothing herein contained shall in any way alter, affect, impair, minimize, or diminish the effect of
said encumbrance or the remedies at law or in equity for recovering thereunder, or against the
parties charged thereby, the full amount of all sums secured by and/or under the same. It is
further understood and agreed that in the event said above described premises are abandoned by
the City of Delray Beach and cease to be used for right-of-way that in such event the subordinate
of said encumbrance shall terminate in and to such portion abandoned and no longer used as
aforesaid, and the encumbrance shall become of the same status with reference to such
abandoned portion as if the subordination had never been made.
IN WITNESS ~REPf, the }laid holder of the encumbrance has du1y executed this
instrument thisM[day of ~ , 200~
Signed, sealed and delivered in the presence of:
(2 witnesses required by Florida Law)
dfE#l:
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(name printed or typed)
MOW!GAGEVw
cJrd~ I>>ti
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(name printed or ed)
(name printed or typed)
"b{~ '511'f(,e\/ tfh~,.-
V~rUSIOtNr
STATE OF
COUNTY OF
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-'lA, ~h<t ~regoing wledged before me this ~,/' day of
/~ , 20 (name of officer or agent, title of
officer or agent) of (name of corporation acknowledging), a
(state or place of incorporation) corporapon, on behalf of the corporation.
He/She is personally known to me or has produced ~ (type of
identification) as identification.
."...."" MINERVA YANES
",'~..I\Y PU60'I,
!~O . .'~~ Notary Public - State or Florida
@ . : : . ~MyCaTrnl5slonElq:ieSJa114.2008
\*,: ~~i Commission # DO 272459
",f.,9r.r.\..'" Bonded By Nal\onol Notary Assn.
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Joseph "', Tucker, P,L.8,
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. RICHARD L.SHEPHARD and AssociatesFIDC.
SURVEYORS
BOUNDARY SURVEYS
MORTGAGE SURVEYS
CONSTRUCTION LAYOUT
310 SOUTH FEDERAL HIGHWAY. P,O. BOX 759 . BOYNTON BEACH, FLORIDA 33425
BOYNTON BEACH Phone (561) 737-8546 . Fax (561) 734-7546
2' ADDITIONAL RIGHT OF WAY
LOT 14, BLOCK 67
CITY OF DELRA Y BEACH, FLORIDA
THE WEST 2.00 FEET OF LOT 14, BLOCK 67, CITY OF DELRAY BEACH
(FORMERLY KNOWN AS THE TOWN OF LINTON, ACCORDING TO THE
PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE 3, OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA
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I HEREBY CERTIFY mAT TIm DESCRIPTION AND ATTACHED SKETCH OF DESCRIPTION WERE
PREPARED IN ACCORDANCE WITII TIlE SURVEYING STANDARDS, CHAPTER 61 G 176, FLORIDA
ADMINIS1RATION CODE, SET FOURTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND
MAPPERS, PURSUANT TO SECTION~472,027, FLORIDA ST A11JTES, AND IS TRUE AND CORRECT TO THE
BEST OF MY KNOWLEDGE AND BELIEF, UNLESS IT BEARS 11-IE SIGNA11JRE AND THE ORIGINAL RAISED
SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, TIllS DRAWING, SKETCH, PLAT OR MAP IS
FOR INFO TlON PURPOSES ONLY AND IS NOT VALID.
BY; -u..
J M TUCKER DA , ~//4/tJ (,.
RE STEREO LAND SURVEYOR NO. 3285
ATE OF FLORIDA
NOTE; TIllS IS NOT A SKETCH OF SURVEY"BUT ONLY
A GRAPHIC DEPICTION OF TIm DESCRIPTION SHOWN
HEREON, TIIERE HAS BEEN NO FIELD WORK VIEWING
OF mE SUBJECT PROPERTY, OR MONUMENTS SET IN
CONNECTION WIlli TIm PREPARATION OF TInS
INFORMA TION SHOWN HEREON,
LB 2102
5h~~lldfz'
#03-11- o~'-
Joe Tucker
NOTE; LANDS SHOWN HEREON WERE NOT ABSTRACTED
FOR RIGHTS OF WAYS EASEMENTS OF RESERVATIONS
OF RECORD
219 S,E, 23RO AVENUE
PO, BOX 759
BOYNTON BEACH, F1..0RIOA 3J.C35
P/;Jone:
Boca (~1) 391-4388
Boynton (561) 737-6546
FAA (561) 734-7546
~ Joseph M_ Tucker, P.L.S.
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MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER oM
TO:
SUBJECT:
AGENDA ITEM # ~ t>
REOUEST FOR SIDEWALK
AVENUE
APRIL 28, 2006
- REGULAR MEETING OF MAY 2, 2006
DEFERRAL/50S NORTH SWINTON
DATE:
1bis is before Commission to approve a request to defer the installation of a sidewalk along N.W. 1st
Avenue for 508 North Swinton Avenue.
Currendy, there is a sidewalk along North Swinton Avenue and no sidewalk on N.W. 1st Avenue.
Although a sidewalk may be installed on N.W. 1st Avenue at some point in the future, there are no
plans to install a sidewalk at this time. Therefore, staff is in support of the request to have the
sidewalk along 508 North Swinton Avenue deferred.
Recommend approval of the sidewalk agreement and request to allow the deferral of the sidewalk
improvements for 508 North Swinton Avenue until such time as the City requests the sidewalk to be
constructed.
S:\City Clerk\agenda memos\SidewalkDeferralRequest 508 N Swinton 050206
City Of Delray Beach
Department of Environmental Services
M E M 0 RAN DUM
TO:
FROM:
David T. Harden
Randal L. Krejcarek, P.E.~
25-Apr-06
DATE:
SUBJECT: City Commission Agenda Item
Sidewalk Deferral Request
508 N Swinton Avenue
The attached agenda item is a request for a deferral of sidewalk installation along NW
1st Avenue for 508 N Swinton Avenue. This property abuts both N Swinton Avenue and
NW 1 st Avenue.
There currently is a sidewalk along N Swinton Avenue and no sidewalk on NW 1st
Avenue. Although a sidewalk may be installed on NW 1 st Avenue at some point in the
future, there are no current plans to install a sidewalk on NW 1 st Avenue.
Therefore, I am supporting the request to have the sidewalk in front of 508 NW 1 st
Avenue deferred.
The attached map indicates the location of this sidewalk deferral.
Please place this item on the 02 May 2006 Commission Agenda.
Thanks.
enc
cc Richard Hasko, P.E.
file
S:\EngAdmin\sidewalk deferrals\50B n swinton av agenda memo 2005-09-06.doc
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ENVIRONMENTAL SERVICES DEPARTMENT
<<J4 SOUTH SWIIITON AVENUE, DELRAY BEACH, R..OFtlDA 33444
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DATE:4/26/06
Sidewalk Maps
LOCATION MAP
508 N.W. 1ST Avenue
Sidewalk Deferral
1 of 1
Prepared By: RETURN TO:
R. Brian Shutt, Esq.
City Attorney's Office
200 N.W. 1st Avenue
Delray Beach, Florida 33444
AGREEMENT FOR
SIDEWALK IMPROVEMENTS
THIS AGREEMENT entered into this
day of
200_, between the City of Delray Beach (hereinafter the City) and Lourie Albanese
(hereinafter the Owners), for the purpose of waiving the requirement of the installation of a
sidewalk along
NW 1 st Avenue
until such time as the City requests the construction
of the sidewalk by the Owner.
WHEREAS, Land Development Regulation Section 6.1.3(C) requires the installation of a
sidewalk, within the NW 1 st Avenue
right-of-way immediately abutting the subject
property, by the Owner prior to the issuance of a certificate of occupancy; and,
WHEREAS, the Owners have requested a waiver from the requirement of the installation
ofa sidewalk pursuant to Land Development Regulation Section 6.1.3(D)(I)(b); and,
WHEREAS, in order to provide conformity along the street the City Commission voted
to waive the requirement for the installation of a sidewalk until such time as the City requests the
Owner construct the sidewalk.
WITNESSETH
NOW, THEREFORE, in witness of the above and in consideration of the City agreeing to
waive the requirement for the installation of a sidewalk, at this time, for the property located at:
508 N Swinton Avenue
1. The Owner agrees to construct a sidewalk, at its sole cost and expense, along the
NW 1 st A venue
right-of-way abutting the subject property, within a time period that is
acceptable to the City, after being requested to do so by the City. The sidewalk, when
constructed, shall meet all of the current ordinances of the City ofDelray Beach.
2. It is the intent of the parties that this Agreement shall run with the land. This
Agreement shall be recorded in the public records of Palm Beach County, Florida and shall be
binding on the parties legal representatives, heirs, successors and assigns.
IN WITNESS WHEREOF, the parties to this agreement set their hands and seals this
_ day of
,200_.
ATTEST:
CITY OF DELRA Y BEACH, FLORIDA
By:
City Clerk
Mayor
Approved as to form and sufficiency:
City Attorney
;;;;;:~-
112&:../1- L ~ .JOn. ~5
(Please type or print name)
-
2
(please type or print name)
STATE OF Aor,vl",
COUNTY OF PAlm &CCc..,J....
The foregoing instrument was acknowledged before me this / 7 r" day of
fJ fr,' I ' 200 J.. by /...01,} " ,oIL fJ I be. ~ c.s ~ (name of officer or agent), of
(name of corporation), a (State or place of
incorporation) corporation, on behalf of the corporation. He/She is personal own to me or
has produced rl" /lc1c. 0,,'0,/.(.-:/ L ,'c- (type of identification) as id lficatio and did/did
not take an oath.
(SEAL)
5i~ -:.."" .
. ._'Tfo ., MARK L JONES
'A. 111 t 6. Vi COMMISSION II DO 8OlI078
'9i'"t\~- EXPJRES: J8nuIry 10. 2010
l~ARY FL NolIry DItoounl"-. Co.
agt/sidewalk deferral agreement
3
Date:
25 Apr 2006
AGENDA ITEM NUMBER: ~O
AGENDA REQUEST
Request to be placed on:
-X-Consent Agenda _Regular Agenda _Workshop Agenda _Special Agenda
When:
02 May 2006
Description of Agenda Item (who, what, where, how much):
Approval/authorization for Mavor to sign sidewalk deferral agreement for 508 N
Swinton Avenue
Recommendation Staff recommends~ ~
Department Head Signature: Q~ ~
d-1.-b-Ok
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of
funds):
Funding Available: Yes / No Initials: NA
Account Number: NA
Description: NA
Account Balance: NA
Funding Alternatives: NA (if applicable)
City Manager Review:
Approved for Agenda: 81 No Initials: or1
Hold Until:
Agenda Coordinator Review:
Received:
S:\EngAdmin\sidewalk deferrals\50B n swinton av agenda 2005-09-06,doc
MEMORANDUM
TO:
FROM:
MAYOR AND CITY C~MMISSIONERS
CITY MANAGER t7N I
AGENDA ITEM # ' <&E - REGULAR MEETING OF MAY 2.2006
GRANT APPLICATION TO UNITED STATES FIRE ADMINISTRATION
SUBJECT:
DATE:
APRIL 28, 2006
This is before the Commission requesting authorization to submit a Fire Act Grant application to the
United States Fire Administration for funding in the amount of $84,925.00 with a 20% local match of
$21,231.00 from the City for the replacement of two (2) Special Events Response vehicles.
Recommend approval of submission of the Fire Act Grant application.
S:\City Clerk\agenda memos\Fire Act Grant 050206
,.
[ITY DF DElRAY IEA[H
FIRE-RESCUE DEPARTMENT
SERVING DELRAY BEACH · GULF STREAM · HIGHLAND BEACH
DELRAY BEACH
~
AII.America City
'1IIfMORANDUM
1993
2001TO: David T. Harden, City Manager
FROM: Kerry B. Koen, Fire Chief
DATE: April 17, 2006
SUBJECT: Fire Act Grant
The Fire-Rescue Department has filed an electronic application for a Federal Fire Act
Grant for funding to purchase replacement Special Events Response units for use at public events
throughout the city. The grant would allow the City to purchase All Terrain Vehicles (ATV's)
and associated EMS equipment for these units. This design would also enhance current
deployment and transport capability with larger patient care areas; and safer slow speed
movements in crowded public conditions. This replacement equipment would also add the
capability to deploy these units on the public beach, either at scheduled activities like the 4th of
July, organized sporting events or emergent incidents including water emergencies or illegal
immigrant entry attempts along the beach front.
The total cost of these vehicles and equipment is estimated to be $106,156.00. The grant
would provide $84,925.00 (80%) from Federal funds with a (20%) match by The City of Delray
Beach.
An Agenda Request along with a copy of the grant application is included for your
review and consideration. Thank you for your attention in this matter.
v~ \<S. l
Kerry B. Koen
Fire Chief
,
Attachments: 2
FIRE-RESCUE DEPARTMENT HEADQUARTERS. 501 WEST ATLANTIC AVENUE. DELRAY BEACH, FLORIDA 33444-2555
(561) 243-7400. FAX (561) 243-7461
Printed on Recycled Paper
Preparer Information
Page 1 of 1
Overview
Did you attend one of the workshops conducted by DHS's regional fire program specialist?
No, I have not attended workshop
*Are you a member, or are you currently involved in the management, of the fire department or non-
affiliated EMS organization applying for this grant with this application?
Yes, I am a member/officer of this applicant
If you are a grant writer or otherwise not affiliated with this applicant, please complete the information below.
If you are a member/officer of this applicant, please do not complete the information requested below. After you are finished press
the Save and Continue button below.
Preparer Information
* Preparer's Name
* Address 1
Address 2
* City
* State
* Zip
* Is there a grant-writing fee associated with the
preparation of this request?
If you answered yes above, what is the fee?
$
https://portal.fema.gov/firegrant/jsp/fire2006/applicationlnew _overview.j sp?view=print&print=true&app _ n... 4/4/2006
Fire Department Characteristics (Part I)
Department Characteristics (Part I)
Page I of 1
* Are you a member of a Federal Fire Department or
contracted by the Federal government and solely responsible
for suppression of fires on Federal property?
* What kind of organization do you represent?
If you answered combination, above, what is the percentage
of career members in your organization?
If you answered volunteer or combination or paid on-call, how
many of your volunteer Firefighters are paid members from
another career department?
* What type of community does your organization serve?
* What is the square mileage of your first-due response area?
* What percentage of your response area is protected by
hydrants?
* In what county/parish is your organization physically located?
If you have more than one station, in what county/parish is
your main station located?
. Does your organization protect critical infrastructure of the
state?
. How much of your jurisdiction's land use is for agriculture,
wild land, open space, or undeveloped properties?
* What percentage of your jurisdiction's land use is for
commercial, industrial, or institutional purposes?
. What percentage of your jurisdiction's land is used for
residential purposes?
* How many occupied structures (commercial, industrial,
residential, or institutional) in your jurisdiction are more than
four stories tall?
* What is the permanent resident population of your
Primary/First-Due Response Area or jurisdiction served?
* How many active firefighters does your department have who
perform firefighting duties?
* How many stations are in your organization?
* Do you currently report to the National Fire Incident
Reporting System (NFIRS)?
If you answered yes above, please enter your FDIN/FDID
* What services does your organization provide?
Structural Fire Suppression
Wildland Fire Suppression
No
All Paid/Career
%
Urban
17
100 %
Palm Beach
Yes
1%
22%
77%
137
68781
141
6
Yes
06172
Medical First Response
Basic Life Support
Advanced Life Support
Hazmat Operational Level
Hazmat Technical Level
Rescue Operational Level
Rescue Technical Level
https://portal.fema.gov/firegrant/jsp/fire2006/application/ gen _ ques.j sp?view=print&print=true&app _numb... 4/4/2006
Department Characteristics (Part II)
Department Characteristics (Part II)
Page 1 of2
* What is the total number of fire-related civilian fatalities in your jurisdiction
over the last three years?
* What is the total number of fire-related civilian injuries in your jurisdiction
over the last three years?
* What is the total number of line of duty member fatalities in your jurisdiction
over the last three years?
. What is the total number of line of duty member injuries in your jurisdiction
over the last three years?
. Over the last three years, what was your organization's average TOTAL
operating budget?
. What percentage of your TOTAL budget is dedicated to personnel costs
(salary, overtime and fringe benefits)?
. What percentage of your annual operating budget is derived from:
Enter numbers only, percentages must sum up to 100%
Taxes?
Grants?
Donations?
Fund drives?
Fee for Service?
2005
3
2004
2003
1
1
3
8
3
o
o
o
22
13
22
17113957
84%
75%
1%
0%
0%
24%
Other? 0 %
If you entered a value into Other field (other than 0), please explain
'How many vehicles does your organization have in each of the types or c1asss of vehicle listed below? You must include
vehicles that are leased or on long-term loan as well as any vehicles that have been ordered or otherwise currently under
contract for purchase or lease by your organization but not yet in your possession. Enter numbers only and enter 0 if you do not
have any of the vehicles below.
Type or Class of Vehicle
Engines (or Pumpers):
Pumper, PumperlTanker, Rescue/Pumper, Foam Pumper, CAFS Pumper, Quint (Aerial device
of less than 76 feet), Type I, Type II, Type III Engine
Tankers:
Tanker, Tender, Foam TankerlTender (greater than 1,250 gallon tank capacity)
Aerial Apparatus:
Aerial Ladder Truck, Telescoping, Articulating, Ladder Towers, Platform, Tiller Ladder Truck,
Quint (Aerial device of 76 feet or greater)
Brush/Quick attack:
Brush Truck, Patrol Unit (Pick up w/ Skid Unit), Quick Attack Unit, Mini-Pumper, Type IV, Type
V, Type VI Engine
Rescue Vehicles:
Rescue Squad, Rescue (Light, Medium, Heavy), Technical Rescue Vehicle, Hazardous
Materials Unit
Other:
EMS Chase Vehicle, Air/Light Unit, Rehab Units, Bomb Unit, Technical Support (Command,
Operational Support/Supply), Hose Tender, Salvage Truck, ARFF (Aircraft Rescue Firefighting),
Total Number of
Total Number
Riding Positions
7
35
1
2
3
15
1
2
10
20
1
4
https://portal.fema.gov/firegrant/j sp/fire2006/application/org_ char.j sp?view=print&print=true&app _ numbe... 4/4/2006
Department Characteristics (Part II)
Page 2 of2
Command/Mobile Communications Vehicle, Fire Boats (more than 13 feet long), Other Vehicle
https://portal.fema.gov/firegrant/j sp/fire2006/application/org_ char.j sp?view=print&print=true&app _ numbe... 4/4/2006
Department Call Volume
Page I of 1
Department Call Volume
* How many responses per year by category? (Enter whole numbers only If you have no calls for any of the categories, enter 0)
Structural Fires
Vehicle Fires
Vegetation Fires
EMS Response Calls
Rescue
Hazardous Condition/Materials Calls
Service Calls
Good Intent Calls/False Alarms
Other Calls and Incidents
51
60
34
9618
172
342
466
1070
66
. Please indicate the number of times your department provides or receives mutual aid. Do not include first-due responses
claimed above,
In an average year, how many times does your organization
receive mutual/automatic aid?
In an average year, how many times does your organization
provide mutual/automatic aid?
17
24
https://portal.fema.gov /firegrant/j sp/fire2006/applicationJresponse.j sp?view=print&print=true&app _ number= 4/4/2006
Request Information
Page 1 of 1
Request Information
* 1. Select a program for which you are applying. Remember, you can only apply for one program this year, You can apply for as
many activities within a program as you need.
(If you modify your selection, you will lose data entered under the original activity,)
Program Name
Operations and Safety
* 2. Will this grant benefit more than one organization?
Yes
If you answered Yes to Question 2 above, please explain.
We will allow this equipment to be borrowed by our neighboring communities.
https://porta1.fema.gov/firegrantlj sp/fire2006/applicationlrequestdetails/requestInfo.jsp?print=true&view=r... 4/512006
Request Details
Page 1 of 1
Request Details
The activities for program Operations and Safety are listed in the table below.
Activity
Number of Entries
Modify Facilities
Personal Protective Equipment
o
o
o
Total Cost Additional Funding Action
$ 106,156 $ 0 View Details
\li~wAc:lc:litlQnfll Fl.lflc:liog
$ 0 $ 0 View Details
$ 0 $ 0 View Details
View Additional Funding
$ 0 $ 0 View Details
$ 0 $ 0 View Details
Equipment
4
o
Training
Wellness and Fitness Programs
https://portal.fema.gov /firegrant/j sp/fire2006/application/requestdetails/activitySummary.j sp?print=true&vi... 4/512006
Proj Details
Request Details
Page 1 of 1
Equipment
Item
Number of units
Cost per unit
$ 22,897
$ 23,495
$ 3,926
$ 2,760
All-Terrain Vehicles
Defi brillator/Mon itor
Stretchers, Backboards, Splints, etc.
ALS Airway Equipment
2
2
2
2
Total Cost Action
$ 45,794 \liew[)~tflils
$ 46,990 \li~W P~tClils
$ 7,852 View Details
$ 5,520 \liew [)~tails
https://portal.fema.gov /firegrant/j sp/fire2006/application/requestdetails/activityDetails.j sp?categoryCode= 1... 4/512006
Equipment
View Equipment
Page 1 of 1
Equipment Details
*1. What equipment will your organization purchase with this grant?
Please provide further description of the item selected above or if you selected
Other above, please specify.
*2. Number of units
*3. Cost per unit
*4. Generally the equipment purchased under this grant program is:
All-Terrain Vehicles
We are seeking funding to purchase two (2) all-
terrain vehicles (A TV's) capable of transporting
a patient out of a crowded special event area to
a waiting ambulance.
2 (whole number only)
$ 22897 (whole dollar amounts only)
The equipment will replace old, obsolete, or substandard equipment currently owned by this organization
If you selected "replacing equipment" (from Q4) above, please specify the age
of equipment in years.
*5. Generally the equipment purchased under this grant program:
Has no statutory basis
*6. Does this equipment provide a health and safety benefit to the members of
your organization? If yes, please fully explain in the narrative section.
*7. Will the item requested benefit other organizations or otherwise be available
for use by other organizations?
If you answered Yes in the question above, please explain:
Over 5 Years
Yes
Yes
We have allowed other cities in this area to
borrow the existing vehicles that these new
units will replace. The City of Ft. Lauderdale has
used one of our vehicles at its annual Air and
Sea Show; and the City of West Palm Beach
has borrowed one for use at their Sun-Fest
event.
*8. Will this equipment be used for wildland firefighting purposes? No
*9. Is your department trained in the proper use of the new equipment being Yes
purchased with grant funds?
If not, will you be asking for training funds for this purpose with this application? No
C{b$~:Wij1aow
https://portal.fema. gov/firegrant/j sp/fire2006/application/requestdetails/ equipmentload.do ?categoryCode= 1... 4/5/2006
Equipment
Page 1 of 1
View Equipment
Equipment Details
*1. What equipment will your organization purchase with this grant?
Please provide further description of the item selected above or if you selected
Other above, please specify.
Defibrillator/Monitor
We will purchase two (2) cardiac
defibrillator/monitors to match our existing
equipment.
2 (whole number only)
$ 23495 (whole dollar amounts only)
*2. Number of units
*3. Cost per unit
*4. Generally the equipment purchased under this grant program is:
The equipment will increase the organization's capabilities within existing mission areas
If you selected "replacing equipment" (from 04) above, please specify the age Select Age
of equipment in years.
*5. Generally the equipment purchased under this grant program:
Has no statutory basis
*6. Does this equipment provide a health and safety benefit to the members of Yes
your organization? If yes, please fully explain in the narrative section.
*7. Will the item requested benefit other organizations or otherwise be available Yes
for use by other organizations?
If you answered Yes in the question above, please explain: We will provide this equipment to any agency
that borrows our ATV.
*8. Will this equipment be used for wildland firefighting purposes? No
*9. Is your department trained in the proper use of the new equipment being Yes
purchased with grant funds?
If not, will you be asking for training funds for this purpose with this application? No
;Glo:s;e Window
https:/ /portal.fema.gov/firegrant/j sp/fire2006/application/requestdetails/ equipmentload.do ?categoryCode= 1... 4/512006
Equipment
View Equipment
Page 1 of 1
Equipment Details
*1. What equipment will your organization purchase with this grant?
Please provide further description of the item selected above or if you selected
Other above, please specify.
*2. Number of units
*3. Cost per unit
*4. Generally the equipment purchased under this grant program is:
Stretchers, Backboards, Splints, etc.
Two (2) ambulance stretchers with 650 Ibs.
capacity.
2 (whole number only)
$ 3926 (whole dollar amounts only)
The equipment will increase the organization's capabilities within existing mission areas
If you selected "replacing equipment" (from 04) above, please specify the age
of equipment in years.
*5. Generally the equipment purchased under this grant program:
Has no statutory basis
*6. Does this equipment provide a health and safety benefit to the members of
your organization? If yes, please fully explain in the narrative section.
*7. Will the item requested benefit other organizations or otherwise be available
for use by other organizations?
If you answered Yes in the question above, please explain:
*8. Will this equipment be used for wildland firefighting purposes?
*9. Is your department trained in the proper use of the new equipment being
purchased with grant funds?
If not, will you be asking for training funds for this purpose with this application? No
elo~e)WiOdoW'
Select Age
Yes
Yes
This will be available with the A TV for use by
other fire-rescue departments in our area.
No
Yes
https://portal.fema.gov /firegrant/j sp/fire2006/applicationlrequestdetails/ equipmentload.do ?categoryCode= 1... 4/512006
Equipment
View Equipment
Page 1 of 1
Equipment Details
*1. What equipment will your organization purchase with this grant?
Please provide further description of the item selected above or if you selected
Other above, please specify.
*2. Number of units
*3. Cost per unit
*4. Generally the equipment purchased under this grant program is:
ALS Airway Equipment
We are seeking funding to purchase two (2)
emergency transport ventilators.
2 (whole number only)
$ 2760 (whole dollar amounts only)
The equipment will increase the organization's capabilities within existing mission areas
If you selected "replacing equipment" (from 04) above, please specify the age
of equipment in years.
*5. Generally the equipment purchased under this grant program:
Has no statutory basis
*6. Does this equipment provide a health and safety benefit to the members of
your organization? If yes, please fully explain in the narrative section.
*7. Will the item requested benefit other organizations or otherwise be available
for use by other organizations?
If you answered Yes in the question above, please explain:
*8. Will this equipment be used for wildland firefighting purposes?
*9. Is your department trained in the proper use of the new equipment being
purchased with grant funds?
If not, will you be asking for training funds for this purpose with this application? No
:.~Il!.;""Willi:" .
.\0/ o~" lJ..,.ow
Select Age
Yes
Yes
We would provide this equipment to any agency
that borrows our ATV.
No
Yes
https://portal.fema.gov /firegrant/j sp/fire2006/applicationlrequestdetailsl equipmentload.do ?categoryCode= 1... 4/5/2006
Budget
Page 1 of 1
Budget
Budget QbJeGtClass
a. Personnel
b. Fringe Benefits
$0
$0
$0
c. Travel
d. Equipment
$106,156
e. Supplies
$0
$0
$0
$0
$0
f. Contractual
g. Construction
h. Other
i. Indirect Charges
Federal and Applicant Share
Federal Share
Applicant Share
Federal Rate Sharing (%)
* Non-Federal Resources (The combined Non-Federal Resources must equal the Applicant Share of $ 21,231)
a. Applicant
b. State
c. Local
d. Other Sources
$ 84,925
$ 21,231
80/20
$ 21231
$0
$0
$0
If you entered a value in Other Sources other than zero (0), include your explanation below. You can use this space to provide
information on the project, cost share match, or if you have an indirect cost agreement with a federal agency.
Total Budget $106,156
https://portal. fema.gov/firegrant/j sp/fire2006/application/budget_ total.j sp?view=print&print=true&app _ nu... 4/6/2006
Narrative Statement
Page 1 of2
Narrative Statement
Project Description
* Please provide your narrative statement in the space provided below. Include in your narrative, details regarding (1) your
project's description and budget, (2) your organization's financial need, (3) the benefit to be derived from the cost of your project,
and (4) how the activities requested in your application will help your organization's daily operations and how this grant will
protect life and property.
Project Description:
The ability to provide rapid emergency medical services (EMS) to a large crowd at a Special Event is not always easily achieved
without providing on-site first response vehicles and personnel dedicated solely to the event. Many times events of this nature
make a timely response with full-size fire rescue apparatus nearly impossible because of limited access for traditional vehicles.
This project will provide funding to replace our existing special event response vehicles and purchase additional equipment for
the vehicles so that we would not have to remove it from our reserve apparatus.
Our present mission-critical special event response vehicles are over 5 years old and no longer meet the needs we have recently
experienced with a significant increase in the number of these events in our community. Bottom line, our current equipment is
unreliable and its failure could result in a delayed response to an emergency incident.
We are requesting $84,925.00 (Federal Share) to purchase two (2) All Terrain Vehicles (ATV's) that are customized for use as
an emergency response and short distance patient transport vehicle. We will also purchase a stretcher, defibrillator/monitor, and
emergency transport ventilator for each ATV. The City of Delray Beach Fire-Rescue Department is committed to purchasing all
other supplies and equipment needed for these vehicles from our operating budget.
Financial Need:
The $106,156.00 total cost for this equipment significantly exceeds the Delray Beach Fire-Rescue Department's capital
equipment budget, which has been approximately $60,000 per year for the past ten (10) years and is not expected to increase in
the next three to five years. If we were to try to fund this equipment improvement from our budget, it would take a minimum of
five years to purchase it. Dedicating our entire capital equipment budget to this project would also require us to postpone
indefinitely much-needed replacement of some of our self-contained breathing apparatus and vehicle extrication equipment that
is nearly 15 years old.
The section (Department Characteristics - Part II) of this grant application that requested information about the funding sources
of our annual operating budget included an option for revenue generated by fees for services. At this time, EMS transport fees
and inter-governmental contract services to smaller communities outside of our city limits fund 24% of our budget. With almost
one-quarter of our funding from these somewhat fixed income sources, it is even more difficult to generate additional money to
pay for these needed capital equipment improvements.
Additionally, a high percentage of our elderly population is also on a fixed income and the option of raising taxes to pay for this
equipment is also severely limited.
Cost/Benefit:
Over the past several years, the City of Delray Beach has been hosting an ever increasing number of Special Events. Several of
these events are held in an urban, congested area where several streets are closed to vehicular traffic with thousands of
pedestrians and hundreds of merchandise display booths filling the streets and sidewalks. Our Fire-Rescue Department provides
on-site first response Advanced Life Support (ALS) EMS at over 25 of these events annually.
One of these events is spread out over two miles of our main street with over 600 booths located within one block north and
south of the street. The three-day event draws over 250,000 people and runs eight hours each day. We also have an annual 4th
of July festival with fireworks on our municipal beach that attracts over 40,000 attendees. Additionally, our municipal tennis
stadium which has a capacity of 8,000 is host too many major tennis tournaments including Davis Cup events as well as boxing
matches, concerts, and most recently arena football.
The ATV's and equipment that we want to purchase with these grant funds would be assigned to all of these events as well as
being used on a daily basis for response to emergency incidents that occur on our municipal beach that is four (4) miles long.
https:/ /portal.fema.gov/firegrant/jsp/fire2006/applicationlnarrative.j sp?view=print&print=true&app _ numbe... 4/6/2006
Narrative Statement
Page 2 of2
These vehicles and associated equipment will provide a health and safety benefit to our personnel be reducing the risk of a back
injury from moving a patient over a long distance through a large crowd thereby reducing health care costs.
This program would be beneficial to the community and the department by increasing the effectiveness of our response
capability and improving emergency personnel safety.
Statement of Effect:
This project will provide our fire-rescue department with a reliable means of responding to emergency incidents in these
congested Special Event areas and the ability to reach a patient more quickly. It will allow us to provide extensive ALS
assessments and treatments, including electrocardiogram diagnostic monitoring and electrical intervention capabilities to patients
suffering a cardiac crises and other potentially life threatening illness and injuries.
With the annual attendance at these events collectively approaching almost 2.5 million visitors and the fact that several
downtown area streets are closed to vehicular traffic, the need for these ALS equipped vehicles is clearly evident. This type of
vehicle has been shown to be an effective means of delivering timely medical care at these events.
We feel that we are the type of Department that the Fire Act is supposed to help. The demands on our department are increasing
disproportionately to our tax revenues and we have done everything within our power to generate other sources of income. We
appreciate your support and would like to express our gratitude for the opportunities the grant program provides.
* Please describe all grants that you have received from DHS including any AFG grants received from DHS or FEMA, for
example, 2002 AFG grant for vehicle or 2003 ODP grant for exercises. (Enter "N/A" if Not Applicable)
2005 AFG grant for equipment
2002 AFG grant for equipment
https://portal.fema.gov /firegrant/j sp/fire2006/applicationlnarrative.j sp?view=print&print=true&app _ numbe... 4/6/2006
Assurances and Certifications
Page lof6
Assurances and Certifications
Form 20-16A
You must read and sign these assurances by providing your password and checking the box at the bottom of this page.
Note: Fields marked with an * are required.
Assurances Non-Construction Programs
Note: Certain of these assurances may not be applicable to your project or program. If you have any questions, please contact
the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If
such is the case, you will be notified.
As the duly authorized representative of the applicant I certify that the applicant:
1. Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial
capability (including funds sufficient to pay the non-Federal share of project costs) to ensure proper planning,
management and completion of the project described in this application.
2. Will give the awarding agency, the Comptroller General of the United States, and if appropriate, the State,
through any authorized representative, access to and the right to examine all records, books, papers, or
documents related to the award; and will establish a proper accounting system in accordance with generally
accepted accounting standards or agency directives.
3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or
presents the appearance of personal gain.
4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding
agency.
5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. Section 4728-4763) relating to
prescribed standards for merit systems for programs funded under one of the nineteen statutes or regulations
specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900,
Subpart F).
6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a)
Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color
or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. Sections 1681-
1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation
Act of 1973, as amended (29 U.S.C. Section 794), which prohibits discrimination on the basis of handicaps;
(d) the Age Discrimination Act of 1975, as amended (42 U.S.C. Sections 6101-6107), which prohibits
discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as
amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; (g) Sections 523 and 527 of the Public Health
Service Act of 1912 (42 U.S.C. 290-dd-3 and 290-ee-3), as amended, relating to confidentiality of alcohol and
drug abuse patient records; (h) Title VIII of the Civil Rights Acts of 1968 (42 U.S.C. Section 3601 et seq.), as
amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other
nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being
made; and m the requirements of any other nondiscrimination statute(s) which may apply to the application.
7. Will comply, or has already complied, with the requirements of Title II and III of the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and
equitable treatment of persons displaced or whose property is acquired as a result of Federal or Federally
assisted programs. These requirements apply to all interest in real property acquired for project purposes
regardless of Federal participation in purchases.
8. Will comply with provisions of the Hatch Act (5 U.S.C. Sections 1501-1508 and 7324-7328), which limit the
political activities of employees whose principal employment activities are funded in whole or in part with
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Federal funds.
9. Will comply, as applicable, with the provisions of the Davis-Bacon Act (40 U.S.C. Sections 276a to 276a- 7),
the Copeland Act (40 U.S.C. Section 276c and 18 U.S.C. Sections 874), and the Contract Work Hours and
Safety Standards Act (40 U.S.C. Sections 327-333), regarding labor standards for Federally assisted
construction sub agreements.
10. Will comply, if applicable, with flood insurance purchase requirements of Section 1 02(a) of the Flood Disaster
Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in
the program and to purchase flood insurance if the total cost of insurable construction and acquisition is
$10,000 or more.
11. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of
environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190)
and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of
wetlands pursuant to EO 11990; (d) evaluation of flood hazards in flood plains in accordance with EO 11988;
(e) assurance of project consistency with the approved State management program developed under the
Coastal Zone Management Act of 1972 (16 U.S.C. Section 1451 et seq.); (f) conformity of Federal actions to
State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42
U.S.C. Section 7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking
Water Act of 1974, as amended, (P.L. 93-523); and (h) protection of endangered species under the
Endangered Species Act of 1973, as amended, (P.L. 93-205).
12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. Section 1271 et seq.) related to protecting
components or potential components of the national wild and scenic rivers system.
13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation
Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and protection of historic properties), and
the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-1 et seq.).
14. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development,
and related activities supported by this award of assistance.
15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. 2131 et seq.)
pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other
activities supported by this award of assistance.
16. Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. Section 4801 et seq.) which
prohibits the use of lead based paint in construction or rehabilitation of residence structures.
17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit
Act of 1984.
18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations and
policies governing this program.
19. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act
(29 U.S.C. 201), as they apply to employees of institutions of higher education, hospitals, and other non-profit
organizations.
Signed by John Tomaszewski on 04/06/2006
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Assurances and Certifications
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Form 20-16C
You must read and sign these assurances by providing your password and checking the box at the bottom of this page.
Note: Fields marked with an * are required.
Certifications Regarding Lobbying, Debarment, Suspension and Other Responsibility Matters and Drug-Free Workplace
Requirements.
Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants
should also review the instructions for certification included in the regulations before completing this form. Signature on this form
provides for compliance with certification requirements under 44 CFR Part 18, "New Restrictions on Lobbying; and 44 CFR Part
17, "Government-wide Debarment and Suspension (Non-procurement) and Government-wide Requirements for Drug-Free
Workplace (Grants)." The certifications shall be treated as a material representation of fact upon which reliance will be placed
when the Department of Homeland Security (DHS) determines to award the covered transaction, grant, or cooperative
agreement.
1. Lobbying
A. As required by the section 1352, Title 31 of the US Code, and implemented at 44 CFR Part 18 for persons (entering) into a
grant or cooperative agreement over $100,000, as defined at 44CFR Part 18, the applicant certifies that:
(a) No Federal appropriated funds have been paid or will be paid by or on behalf of the undersigned to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or
employee of congress, or an employee of a Member of Congress in connection with the making of any Federal
grant, the entering into of any cooperative agreement and extension, continuation, renewal amendment or
modification of any Federal grant or cooperative agreement.
(b) If any other funds than Federal appropriated funds have been paid or will be paid to any person for influencing
or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of
congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative
agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure of Lobbying Activities", in
accordance with its instructions.
(c) The undersigned shall require that the language of this certification be included in the award documents for all
the sub awards at all tiers (including sub grants, contracts under grants and cooperative agreements and sub
contract(s)) and that all sub recipients shall certify and disclose accordingly.
2. Debarment, Suspension and Other Responsibility Matters (Direct Recipient)
A. As required by Executive Order 12549, Debarment and Suspension, and implemented at 44CFR Part 67, for prospective
participants in primary covered transactions, as defined at 44 CFR Part 17, Section 17.510-A, the applicant certifies that it and its
principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of
Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal
department or agency.
(b) Have not within a three-year period preceding this application been convicted of or had a civilian judgment
rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to
obtain or perform a public (Federal, State, or local) transaction or contract under a public transaction; violation of
Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction
of records, making false statements, or receiving stolen property.
(c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or
local) with commission of any of the offenses enumerated in paragraph (1 )(b) of this certification: and
(d) Have not within a three-year period preceding this application had one or more public transactions (Federal,
State, or local) terminated for cause or default; and
B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to
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Assurances and Certifications
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this application.
3. Drug-Free Workplace (Grantees other than individuals)
As required by the Drug-Free Workplace Act of 1988, and implemented at 44CFR Part 17, Subpart F, for grantees, as defined at
44 CFR part 17, Sections 17.615 and 17.620:
(A) The applicant certifies that it will continue to provide a drug-free workplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and
specifying the actions that will be taken against employees for violation of such prohibition;
(b) Establishing an on-going drug free awareness program to inform employees about:
(1) The dangers of drug abuse in the workplace;
(2) The grantees policy of maintaining a drug-free workplace;
(3) Any available drug counseling, rehabilitation and employee assistance programs;
and
(4) The penalties that may be imposed upon employees for drug abuse violations
occurring in the workplace;
(c) Making it a requirement that each employee to be engaged in the performance of the grant to be
given a copy of the statement required by paragraph (a);
(d) Notifying the employee in the statement required by paragraph (a) that, as a condition of
employment under the grant, the employee will:
(1) Abide by the terms of the statement and
(2) Notify the employee in writing of his or her conviction for a violation of a criminal drug
statute occurring in the workplace no later than five calendar days after such conviction.
(e) Notifying the agency, in writing within 10 calendar days after receiving notice under subparagraph
(d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of
convicted employees must provide notice, including position title, to the applicable DHS awarding
office, i.e. regional office or DHS office.
(t) Taking one of the following actions, against such an employee, within 30 calendar days of
receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted:
(1) Taking appropriate personnel action against such an employee, up to and including
termination, consistent with the requirements of the Rehabilitation Act of 1973, as
amended; or
(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a Federal, State, or local health,
law enforcement or other appropriate agency.
(g) Making a good faith effort to continue to maintain a drug free workplace through implementation of
paragraphs (a), (b), (c), (d), (e), and (t).
(B) The grantee may insert in the space provided below the site(s) for the performance of work done in connection
with the specific grant:
Place of Performance
Street
City
State
Zip
Action
If your place of performance is different from the physical address provided by you in the Applicant Information, press Add Place
of Performance button above to ensure that the correct place of performance has been specified. You can add multiple addresses
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Assurances and Certifications
Page 5 of6
by repeating this process multiple times.
Section 17.630 of the regulations provide that a grantee that is a State may elect to make one certification in each Federal fiscal
year. A copy of which should be included with each application for DHS funding. States and State agencies may elect to use a
Statewide certification.
Signed by John Tomaszewski on 04/06/2006
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FEMA Standard Form LLL
Only complete if applying for a grant for more than $100,000 and have lobbying activities. See Form 20-16C for lobbying activities
definition.
This form is not applicable
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AGENDA ITEM NUMBER: ~
AGENDA REOUEST
Request to be placed on:
-1L Consent Agenda _ Regular Agenda _ Workshop Agenda _ Special Agenda
When: 5/2/06
Description of agenda item (who, what, where, how much):
Approval of annual Federal Fire Act Grant application in the amount of $84.925.00 for the
replacement of two (2) special events response vehicles. The Federal share. if approved. would be
matched by $21.231.00 (20%) in municipal funds for a total of $106. 156.
Department Head
Signature:
\(~p-'-
-,
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No Initials:
Account Number
Description
Account Balance:
Funding Alternatives:
(if applicable)
City Manager Review:
Approved for Agenda(9 No loitiaIs, {7t~
Hold Until:
Agenda Coordinator Review:
Received:
MEMORANDUM
FROM:
MAYOR AND CIlY COMMISSIONERS
CIlY MANAGERvt~
AGENDA ITEM # <6"F - REGULAR MEETING OF MAY 2.2006
GRANT APPLICATION TO CHILDREN'S SERVICES COUNCIL
TO:
SUBJECT:
DATE:
APRIL 28, 2006
Staff is requesting authorization to submit a grant application to the Children's Services Council (CSC) for
funding in the approximate amount of $315,702.35 in support of our out of school program, day camps
and swnmer camp program.
Services are provided to 300 children at three (3) sites during the school year, which includes an After
School Program, Holiday Camp, Spring Fling, One Day Camps, and nine (9) weeks of Swnmer Camp.
I recommend that staff be authorized to submit the grant application.
S:\City Clerk\agenda memos\CSC Out of Schoo) 050206
[ITY DF DELIAY IEA[H
DELRAY BEACH
100 NW 1st AVENUE DELRAY BEACH. FLORIDA 33444 . 561/243-7000
r I () f.: I (J ..\
twaa:II
All-America City
, III I!
MEMORANDUM
1993
2001
TO:
David Harden, City Manager
FROM:
Joe Weldon, Director of Parks and Recreation
SUBJECT: Children's Services Council
DATE:
April 26, 2006
The Parks and Recreation Department is in the process of completing its
budget for the ninth year of funding from the Children's Services Council
for our Out of School Program. We will enroll 300 children at three (3)
sites during the school year, with CSC funding the actual attendance
which is anticipated to be approximately 250 children. The Out of School
Program will consist of an After School Program, Holiday Camp, Spring
Fling, One Day Camps, and 9 weeks of Summer Camp. CSC funding will
amount to approximately $315,702.35. We are submitting for your review
the agency certification requirement with the attached agenda request.
Please place this on the May 2, 2006 agenda for City Commission
consideration.
Parks and Recreation
Attachment
cc: Carolanne Kucmerowski, Agenda Coordinator
Alberta Gaum-Rickard, Project Manager
Ref:dhcsc06
@ Pnnted on Recycled ("ape I
THE EFFORT ALWAYS MATTERS
AGENCYCERTllnCATION
In submitting this application to CSC
City of n~lr~i Rp~rh llil~ of Rrhool Rnrirhmpn~ Progr~m
(Agency Name)
certifies that:
1. The agency board of directors has approved this application at a meeting on
If approval is pending at the time of submission, please check here. D
(Date)
2. All agency decisions regarding recruitment, hiring, promotions, release, and conditions of
employment will be made without regard to consideration of race, creed, religion, gender,
country of national origin, age, physical or mental handicap, marital status, sexual orientation or
any other factor which carmot lawfully be used as a basis for an employment decision;
3. The agency agrees to negotiate, if deemed necessary, with CSC to refine service levels,
procedures, outcomes, budget, and any other relevant matter for incorporation into a contract;
4. The applicant agency does not intend by this application to replace existing funding resources
with CSC funds;
5. The agency budget, submitted separately through the SAMIS system, but considered a part of
this application, is a reasonable estimate of the anticipated revenues and expenditures for the
activities proposed;
6. In accordance with the 2006-2007 CSC contract, the applicant agency will submit, within 180
days of the completion of the applicant's 2006-2007 fiscal year, a GAO Standard Financial and
Compliance Audit;
7. The applicant agency maintains governmental or 501c(3), (4), (6), (7) or (10) tax exemption
status;
8. Any of the following documents are available and upon request by CSC will be produced by the
applicant agency within five (5) working days, but do not need to be submitted with this
proposal:
a. Articles of Incorporation
b. Agency Bylaws
c. Personnel Policies and Procedures
d. Job Descriptions for all CSC funded positions
e. Certificates of insurance and bonding
f. Licenses to operate Agency/Program
9. NO litigation is threatened or pending which could impair the applicant agency's ability to fulfill
the provisions of this application; and
10. NO adverse action is pending or threatened by any regulatory, licensing, or oversight agency
which could impair the applicant agency's ability to fulfill the provisions of this application.
If any of the above documents are not available or any of these statements cannot be made, please
explain below:
OFFICIALS AUTHORIZED TO SIGN AND BIND AGENCY TO APPLICATION:
(Authorized officials recognized by CSC are the Board Chair or President and Executive Director.)
Signature of Chair or President
Date:
Print Name
Signature of Executive Director
Date: i/~/tJ.c
of Parks & Recre~tion
Date:
26. 2006
AGENDA ITEM NUMBER: ~
AGENDA REQUEST
Request to be placed on:
_Consent Agenda L-Regular Agenda _Workshop Agenda _Special Agenda
When: May 2, 2006
Description of Agenda Item (who, what, where, how much): Request approval
to apply for funding from Children's Services Council in the approximate amount
of $315,702.35 for our Out of School Program which includes After School, Holiday/
Spring Camps, One Day Camps and Summer Camp.
City Attorney Rev
~
Department Head
Signature:
/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes 1 No Initials:
Account Number
Description
Account Balance:
Funding Alternatives:
(if applicable)
City Manager Review:
j~~)
Approved for Agenda~ No
Initials:
P1
Hold Until:
Agenda Coordinator Review:
Received:
I' I.
I
[ITY DF DELRAY IEA[H
CITY ATTORNEY'S OFFICE
200;\lW 1st AVFNlTE. DELRAY BEACH. FLORIDA 33444
TELEPH01\E: 561/243-7090. FACSI\11LE: 561/27R-4755
DELRAY BEACH
f LOR I D A
Da:d
All-America City
Writer's Direct Line: 561/243-7091
" II J! DATE:
MEMORANDUM
April 19, 2006
1993
2001
TO:
City Commission
David Harden, City Manager
{l.~ ~
Brian Shutt, Assistant City Attorney
FROM:
SUBJECT: Motorola Service Aareement
The attached agreement between the City and Motorola provides that Motorola will
service the City's portable radios as well as the equipment used for the City's 800
MHz dispatch system. Motorola furnished its equipment and radios to the City
approximately 5 years ago and has provided service to the City under an annual
service agreement for that equipment. The agreement begins October 1, 2006
and shall terminate on September 30,2007. The cost for the annual maintenance
to the City is $117,090.84.
Our office requests that this item be placed on the May 2, 2006 City Commission
agenda. Please call if you have any questions.
Attachment
cc: Chevelle Nubin, City Clerk
Capt. Mark Davis, Police Dept.
Amanda Solomon, Telecommunications Mgr.
<6G
lX
~
4:
@ MO'I"OROLA
Ver. 4.9 Build 1000
SERVICE AGREEMENT
Attn: National Service Support
1307 East Algonquin Road
Schaumburg, IL 60196
(800) 247-2346
Agreement Order # : 0555014950604
Supersedes Agreement #(s) : 315004320" "
Date: 411/2006
Required P.O.: No
Customer,: 1000303082
Bill to Tag #: 0006
Contract Start Date: 10101/2006
Contract End Date: 09l3OI2007
Anniversary Date:
Payment Cycle: Quarterly
Tax Exempt Yes
PO,:
Company Name: Delray Beach, City of
Attn:
Billing Address: 300 west Atlantic Blvd
City, State, Zip: Delray Beach, FL 33444
Customer Contact Ralph Phillips
Phone: 561-243-7854
Fax: 561-243-7816
Qty ModeUODtlon DescriDtlon Monthly Ext Extended
Total Services: $ 9,757.57 $ 117,090.84
SVC01SVC1102 Dispatch Service
SVC01SVC1104 Technical Support Service
SVC01SVC1103 Network Monitoring Service
SVC01SVC1422 Local Radio Combo Package
SVC01SVC1101 Infrastructure Repair With Advanced Replacement Service
SVC01SVC1410 OnSite Infrastructure Response Service
SVC02SVC0003 SP - Software Subscription Agreement
SUBTOTAL - RECURRING SERVICES $ 9,757.57 $ 117,090.84
SUBTOTAL - ONE-TIME EVENT SERVICES $ .
SPECIAL INSTRUCTIONS - ATTACHSTATElENTOI'_I'ORPEftFOIlIWICE TOTAL $ 9,757.57 $ 117,090.84
DESCRIPTIONII
See attached list for equipment COIIered under contract. TAXES $0.00 $0.00
GRAND TOTAL $ 9,757.57 $ 117,090.84
TItS SERVICE AlIOLM' IS SUBJECT TO STATe & LOCAl TAXING
JURISOlCI1ONS. TO BE VERIFIED IlY MOTOROlA
SUBCONTRACTOR(S) CI1Y STATE
MCJIDroIa - SSC-CaJ1 Cenl8r Operations Schaumburg IL
InolIM'l
MCJIDroIa. SSC-Technical Support Schaumburg IL
ODllflllions moIl88I
MCJIDroIa . SSC-Networ1t Management Schaumburg IL
Oaendions fDOO67l
Control Communications Inc. Davie FL
MolDroIa - lnfrastJuc:\ure Depot Operations Elgin IL
100 IDOOll2\
MolDroIa - South Aoriela FSO (00164) Ft Lauderdale FL
MoIDrola - NIO SSA Team Schaumburg IL
I ..-kIed SlaIements of Work that describe the services proIIided on this Agreement.
MoIDrola's ServIce Tenns & Conditions, a copy of which is atlached to this Service
Agreement, is Incorporated herein by this leference
TITLE
DATE
MOTOROLA REPRESENTATIVE (SIGNATURE)
Cindee Smith
MO~1IlIUENOOOIE (PRINT NAME)
Customer Support Manager
TITLE
954-723-4718
PHONE
DATE
954-723-4791
FAX Release Date: 01101105
Customer: Delrav Beach. Citv of
Effective: 10/112006
QW EauiDment DescriDtion
14 Quantar Repeaters
4 Centracom Gold Elite Consoles
6 Control Stations
4 RCH Digital Remote
1 Moscad (1 PC, 3 RTU)
41 Astro Spectra Mobiles
194 L TS2000
11 LCS2000
248 XTS3000
6 XTS5000
System D8$criDtion
1 Prime Site
1 Hard Drives Receive Site
1 Dispatch Center
7 Channels
Service Terms and Conditions
Motorola, Inc., through its Commercial, Govemment, and Industrial Solutions Sector ('Motorola'),
and the customer named in this Agreement ("Customer"), hereby agree as follows:
Section 1 APPUCABlllTY
These Service Terms and Conditions apply to service contracts whereby Motorola agrees to
provide to Customer either (1) maintenance, support andlor other Services under a Motorola
Service Agreement, or (2) installation services under a Motorola Installation Agreement.
Section 2 DEFINITIONS AND INTERPRETATION
2.1. 'Agreemenr means these Service Terms and Conditions; the cover page for the Service
Agreement or the Installation Agreement, as applicable; and any other attachments, all of which
are incaporated herein by this r<terence. In interpreting this Agreement and resolving any
ambiguities, these Service Terms and Conditions will take precedence over any cover page, and
the cover page will take precedence over any attachments, unless the cover page or attachment
specifically states othelWlse.
22. 'Equipment' means the equipment that is specified in the attachments or is subsequently
added to this Agreement.
2.3. 'Services' means those installation, maintenance, support, training, and other services
described in this Agreemll1l
Section 3 ACCEPTANCE
Customer accepts \hese Service Terms and Conditions and agrees to pay the prices set forth in
the Agreement. This Agreement will become binding only when accepted in writing by Motorola.
The term of this Agreement will begin on the 'Start Date' indicated in this Agreement.
Section 4 SCOPE OF SERVICES
4.1. Motorola will provide the Services described in this Agreement or in a more detailed
statement of wort< or other document attached to this Agreement At Customers req uest,
Motorola may also provide additional services at Motorola's \hen-applicable rates for such
services.
42. If Motorola is providing Services for Equi pment Motorola parts or parts of equal quality will
be used; the Equipment will be serviced at levels set forth in the manufacturers product manuals;
and routine service procedures that are prescribed by Motorola will be followed.
4.3. If Customer purchases from Motorola additional equipment that becomes part of the same
system as the inilial Equiprrent, the additional equipment may be added to this Agreement and
will be billed at the applicable rates after the warranty for such adclitional equipment expires.
4.4. All Equipment must be in good working order on the Start Date or when additional equiprrent
is added to the Agreement. Upon reasonable request by Motorola, Customer will provide a
complete serial and model number list of the Equipment. Customer must promptiy notify Motorola
in writing when any Equipment is lost damaged, stolen or taken out of service. Customers
obligation to pay Ser~ce fees for such Equipment will terminate at the end of \he month in which
Motorola receivas such written notice.
4.5. Customer must specifically identify any Equipment that is labeled intrinsically safe for use in
hazardous environments.
4.6. If Equipment cannot, in Motorola's reasonable opinion, be property or economically serviced
for any reason, Motorola may modify the scope of Services related to such Equipment; remove
such Equipment from the Agreement; or increase the price to Service such Equipment.
4.7. Customer must promptly notify Motorola of any Equi pment failure. Motorola will respond to
Customers notification in a manner consistent with \he level of Service purchased as indicated in
this Agreement.
Section 5 EXCLUDED SERVICES
5.1. Service excludes the repair or IBplacement of Equipment that has become defective or
damaged from use in other than the normal, customary, intended, and authorized manner; use not
in compliance with applicable industry standards; excessive wear and tear, or accident, liquids,
power surges, neglect. acts of God or other force majeure events.
52. Unless specifically i1cluded in this Agreement, Service exciudes ilems that are consumed in
the normal operation of the ~uipment, such as batteries or rmgnetic tapes.; upgrading or
reprogramming Equipment; accessories, ben clips, battery chargers, custom or special products,
modified units, or software; and repair or mainenance of any transmission line, antenna,
microwave equipment, tower or tower lighting, duplexer, combiner, or multicoupler. Motorola has
no obligations for any transmission medium, such as telephone lines, computer networks, the
intemat or the wortdwide web, or for Equipment malfunction caused by such lansmlssion
medium.
Section 6 TIME AND PLACE OF SERVICE
Service will be provided at the location specified in this Agreement. Wlen Motorola performs
service at Customers location, Customer will provide Motorola, at no charge, a non-hazardous
work envirmment with adequate shelter. heat, light, and power and wilh full and free access to the
Equipment. wa vers of liability from Motorola or ils subcontractors will not be imposed as a sile
access requirement. Customer will provide all information pertaining to the hardware and
software elements of any system wilh which the Equipment is interfacing so that Motorola may
perform ils Services. Unless othelWise stated in this Agreement, the hours of Service will be 8:30
a.m. to 4:30 p.m., local time, excluding weeiends and holidays. Unless othelWise stated In this
Agreement, the price for the Services exclude any charges or expenses associated wilh heiicopter
or other unusual access requirements; if these charges or expenses are reasonably incurred by
Motorola in rendering the Services, Customer agrees to reimburse Motorola for such charges and
expenses.
Section 7 CUSTOMER CONTACT
Customer will provide Motorola with designated points of contact (list of names and phone
numbers) that will be evailable twent)'four (24) hours per day, seven (7) days per week, and an
escalation procedure to enable Customer's pelSomel to maintain contact, as needed, with
Motorola.
Section 8 PAYMENT
Unless altemative payment terms are specifically stated In this Agreement, Motorola will invoice
Customer in edvance for each payment plriod. All other charges will be billed monthly, and
Customer must pay each invoice In U.S. dollars within twenty (20) days of the invoice date.
Customer agrees to reimburse Motorola for all property taxes, sales and use taxes, excise taxes,
and other taxes or assessments levied as a result of Services rendered under this Agreement
(except income, profit, and franchise taxes of Motorola) by any govemmental entily.
Section 9 WARRANTY
Motorola warrants that its Services under this Agreement will be free of defects in materials and
workmanship for a period of ninety (90) days from the date the performance of the Services are
completed. In the event of a breach of this warranty, CLBtome(s sole remedy is to require
Motorola to re-perform the non-conforming Service or to refund, on a pr<>rata basis, the fees paid
for the non-conforming Service. MOTOROLA DISCLAIMS All OTHER WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE.
Section 10 DEFAUl T/TERMINA TlON
10.1. If either party defaults in the performance of this Agreement. the other party will give to the
non-performing party a written and detailed notice of the defaJlt The non-performing party will
have thirty (3D) deys thereafter to provide a written plan to cure \he default that is acceptable to
the other party and begin implementing the ClJ'8 plan immediately after plan approval. If \he non-
Service Terms and Conditions,FINAL.9.1,03.doc (CSA formatted)
performing party fails to provide or implement the cure plan, then the injured party, in addilion to
any other rights available to iI under law, may immediately terminate this Agreement effective
upon giving a written notice of termination to the defauiling party.
10.2. MY termination of this Agreement will not relieve either party of obligations previously
incurred pursuant to this Agreement, including payments which may be due and owing at the time
of termination. All sums owed by Customer to Motorola will become due and payable immediately
upon termirBion of this Agreement. Upon the effoctlve date of termination, Motorola will have no
further obligation to provide Services.
Section 11 llMITA TlON OF UABlllTY
This Iimilation of liabilily provision shall apply notwithstanding any contrary provision in this
Agreement. Except for personal injury or death, Motorola's totalliabilily, whether for breach of
contract, warranty, negligence, strict liability in tort, or otherwise, will be limited to the direct
damages reco\8rable under law, but not to exceed the price of twelve (12) months of Service
provided under this Agreement. ALTHOUGH THE PARTIES ACKNOWLEDGE THE
POSSIBiliTY OF SUCH lOSSES OR DAMAGES, THEY AGREE THAT MOTOROLA Will NOT
BE LIABLE FOR ANY COMMERCIAL lOSS; INCONVENIENCE; lOSS OF USE, TIME, DATA,
GOOD Will, REVENUES, PROFITS OR SAVINGS; OR OTHER SPECIAL, IIICIDENTAl,
INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING FROM
THIS AGREEMENT OR THE PERFORMANCE OF SERVICES BY MOTOROLA PU RSUANT TO
THIS AGREEMENT. No action for breach of this Agreement or otherwise relating to the
transactions contemplated by this Agreement may be brought more than one (1) yeer after \he
accrual of such cause of action, except for money due upon an open account This limitation of
liability will survive the expiration or termination of this Agreement.
Section 12 EXCLUSIVE TERMS AND CONDITIONS
12.1. This Agreement supersedes all prior and concurrent agreements and understandings
between the parties, whether written or oral, related to the Services, and there are no agreements
or representations conceming the subject matter of this Agreement except for those expressed
herein. The Agreement may not be amended or modified except by a written agreement signed
by authorized representatives of both parties.
12.2. Customer agrees to reference this Agreement on any purchase order ilsued in furtherance
of this Agreement, however, an omission of the reference to this Agreement shall not affect its
applicability. In no event shall eilher party be bound by any terms contained in a Customer
p.rchase order, acknowledgement, or other writings unless: 0) such purchase order,
acknowiedgement, or other writings specifically refer to this Agreement; (ii) dearty indicate the
intention of both parties to override and modify this Agreement; and (iiQ such purchase order,
acknowledgement, or other writings are signed by authorized representatives of both parties.
SectIon 13 PROPRIETARY INFORMATION; CONFIDENTIALITY; INTEllECTUAL
PROPERTY RIGHTS
13.1. My information or data in the form of specifications, drawings, reprints, technical
information or othelWise fumished to Customer under this Agreement will remain Motorola's
property, will be deemed proprietary, will be kept confidential. and will be promptly returned at
Motorola's request. Customer may not disclose, without Motorola's written permission or as
required by law, any such information or data to any person, or use such information or data itself
for any purpose other than performing ils obligations under this Agreement. The obligations set
forth in this Section will survive the expiration or termination of this Agreement.
13.2. Unless otherwise agreed in writing, no commercial, financial or technical infomuiion
disdosed in any manner or at any time by Customer to Motorola will be deemed secret or
confidential. Motorola will have no obligation to provide CLBtomer with access to its confidential
and proprietary Information, including cost and pricing data
13.3. This Agreement does not grant directly or by implication, estoppel. or otherwise, any
ownership right or license under any Motorola patent, copyright, trade secret, or other intellectual
property inciuding any intellectual property created as a result of or related to \he Equipment sold
cr Ser vices performed under this Agreement,
Section 14 FCC LICENSES AND OTHER AUTHORIZATIONS
Customer is solely responsible for obtaining licenses or other authorizations required by the
Federal Canmunications Commission or any other federal, state, or local govemment agency and
for complying wilh all rules and regulations required by such agencies. Neither Motorola nor any
of its employees is an agent or representative of Customer in any govemmental matters.
SectIon 15 COVENANT NOT TO EMPLOY
During the term of this Agreement and continuing for a period of two (2) yeelS thereafter,
Customer will not hire, engage on contract, solicit the employment of, or recommend employment
to any third party of any emplol"e of Motorola or ils subcontractors without the prior written
authorization of Motorola. This provision applies only to those employees of Motorola or its
subcontractors who are responsible for rendering services under this Agreement. If this provision
is found to be overty broad under applicable law, iI shall be modified as necessary to conform to
such law.
SectIon 16 MATERIALS, TOOLS AND EQUIPMENT
All tools, equipment, dies, gauges, models, drawings or other materials paid for or fumished by
Motorola for the pltpose of this Agreement will be and remain the sole property of Motorola.
Customer will safeguard all such property while it is in CLBtome(s custody or control, be liable for
any loss or damage to such property, and retum it to Motorola upon request. Such property will
be held by Customer for Motorola's use without charge and may be removed from Customers
premises by M otarola at any time without restriction.
SectIon 17 GENERAL TERMS
17.1. If any court rendelS any portion of this Agreement unenforceable, \he remaining terms will
continue in full force and effect.
17.2. This Agreement and \he rights and duties of the parties will be govemed and interpreted in
accordance with the laws of the State in which the Services are performed.
17.3. Failure to exercise any right will not 0 perate as a waiver of that right power, or privilege.
17.4. Neither party is liable for delays or lack of performance resulting from any causes such as
strikes, material shortages, or acts of God thalare beyond that party's reasonable control.
17.5. Motoroia may assign ils rights and obligations, and may subcontract any portion of its
performance, under this Agreement.
17.6. THIS AGREEMENT Will RENEW, FOR AN ADDITIONAL ONE (1) YEAR TERM, ON
EVERY ANNIVERSARY OF THE START DATE UNLESS EITHER THE COVER PAGE
SPECIFICAllY STATES A TERMINATION DATE OR ONE PARTY NOTIFIES THE OTHER IN
WRITING OF ITS INTENTION TO DISCONTINUE THE AGREEMENT NOT LESS THAN THIRTY
(30) DAYS OF THAT ANNIVERSARY DATE. At the anni versary date, Motorola may adjust \he
price of the Services to reflect its current rates.
17.7. If Motorola provides Services after the termiralion or expiration of this Agreement \he
terms and conditions in effect at the time of the termination or expiration will apply to those
Services and Customer agrees to pay for such services on a time and materials basis at
Motorola's then effective hourty rates.
. MOTOROLA
Statement of Work
Network Monitoring, OnSite Infrastructure Response and Dispatch Service
Overview: Motorola will provide Network Monitoring, Dispatch Service and OnSite Infrastructure Response
services to the Customer. These services are applicable only for the following system types: SmartZone up to
release 6.2, SmartZone/OmniLink v2.0.3 and higher, SmartNet, Private Data (with a wireless network gateway)
v2.0.3 and higher, and E911.
1.0 Description of Services
Network Monitoring is a service designed to electronically monitor Elements of a Communication System for
Events, as set forth in the Monitored Elements Table. When the Motorola System Support Center (SSe) detects
an Event, trained technologists acknowledge the Event, run remote diagnostic routines, and initiate an
appropriate response. Appropriate responses could include, but are not limited to, continue monitoring the
Event for further development, attempt remote Restoral, or transfer the Event by opening a Case for dispatch of
a Servicer. The Servicer will respond to the Customer location based on pre-defmed Severity Levels set forth in
the Severity Definitions Table and Response times set forth in the Response Time Table in order to Restore the
System.
Motorola will provide Case management as set forth herein. The SSC maintains contact with the on-site
Servicer until System Restoral occurs and Case is closed. The SSC will Continuously track and manage Case
activity from open to close through an automated Case tracking process. This Case management allows for
Motorola to provide activity and performance reports.
The terms and conditions of this Statement of Work (SOW) are an integral part of Motorola's Service Terms
and Conditions or other applicable Agreement to which it is attached and made a part thereof by this reference.
2.0 Motorola has the following responsibilities:
2.1. Recommend any needed Connectivity or monitoring equipment and coordinate installation of such
equipment upon Customer's request.
2.2. Provide dedicated Connectivity necessary for monitoring SmartZone, SmartZone/ OmniLink, and Private
Data system types.
2.3. VerifY Connectivity and Event monitoring prior to System Acceptance or Start Date.
2.4. Continuously receive service requests.
2.5. Remotely access the Customer's System to perform remote diagnostics as permitted by Customer pursuant
to section 3.1
2.6. Attempt remote Restoral, as appropriate.
2.7. Create a Case as necessary when service requests are received. Gather information to perform the
following:
2.7.1. Characterize the issue
2.7.2. Determine a plan of action
2.7.3. Assign and track the Case to resolution.
2.8. Dispatch a Servicer, as required, by Motorola standard procedures and provide necessary Case information
collected in section 2.7
2.9. Ensure the required personnel have access to Customer information as needed.
2.10. Disable and enable System devices, as necessary, for Servicers.
2.11. Servicer will perform the following on-site:
2.11.1. Run diagnostics on the Infrastructure or FRO,
2.11.2. Replace defective Infrastructure or FRU, as applicable. Customer, Servicer or Motorola may
provide Infrastructure or FRU.
2.11.3. Provide materials, tools, documentation, physical planning manuals, diagnostic/test equipment and
any other requirements necessary to perform the Maintenance service.
2.11.4. If a third party Vendor is needed to Restore the System, the Servicer may accompany that Vendor
onto the Customer's premises.
Network Monitoring, OnSite Infrastructure Response and Dispatch Service
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. MOTOROLA
2.12. Verify with Customer that Restoration is complete or System is functional, if required by Customer's
repair Verification preference in the Customer Support Plan required by section 3.4. If Verification by
Customer cannot be completed within 20 minutes of Restoration, the Case will be closed and the Servicer
will be released.
2.13. Escalate the Case to the appropriate party upon expiration of a Response time.
2.14. Close the Case upon receiving notification from Customer or Servicer, indicating the Case is resolved.
2.15. Notify Customer of Case Status, as required by the Customer Support Plan at the following Case levels
2.15.1. Open and closed; or
2.15.2. Open, assigned to the Servicer, arrival of the Servicer on site, deferred or delayed, closed.
2.16. Provide the following reports, as applicable:
2.16.1. Case activity reports to Customer.
2.16.2. Network Monitoring Service reports for Customer System(s), excludes E911.
2.16.3. Performance/Availability Reports for SmartZone, SmartZone/OmniLink, and Private Data
Systems only.
3.0 Customer has the following responsibilities:
3.1. Allow Motorola Continuous remote access to obtain System availability and performance data.
3.2. Purchase Connectivity, installation and monitoring equipment necessary for monitoring the System if
recommended by Motorola. Failure to purchase such equipment as recommended by Motorola may
prevent Motorola from rendering the services described in this Statement of Work.
3.3. Order and maintain dedicated dial-up phone lines for telephone service for SMARTNET and E911 System
types.
3.4. Provide Motorola with pre-defined Customer information and preferences prior to Start Date necessary to
complete Customer Support Plan.
3.4 .1. Case notification preferences and procedure
3.4.2. Repair Verification Preference and procedure
3.4.3. Database and escalation procedure forms.
3.4.4. Submit changes in any information supplied in the Customer Support Plan to the Customer
Support Manager.
3.5. Provide the following information when initiating a service request:
3.5.1. Assigned System ill number
3.5.2. Problem description and site location
3.5.3. Other pertinent information requested by Motorola to open a Case.
3.6. Notify the System Support Center when Customer performs any activity that impacts the System.
(Activity that impacts the System may include, but is not limited to, installing software or hardware
upgrades, performing upgrades to the network, or taking down part of the system to perform maintenance.)
3.7. Allow Servicers access to Equipment (including any Connectivity or monitoring equipment) if remote
service is not possible.
3.8. Supply Infrastructure or FRU, as applicable, in order for Motorola to Restore the System as set forth in
paragraph 2.11.2
3.9. Maintain and store in an easy accessible location any and all Software needed to Restore the System.
3.10. Maintain and store in an easily accessible location proper System backups.
3.11. For E911 systems, test the secondary/backup PSAP connection to be prepared in the event ofa
catastrophic failure of a system. Train appropriate personnel on the procedures to perform the function of
switching to the backup PSAP.
3.12. Verify with the SSC that Restoration is complete or System is functional, if required by the Repair
Verification Preference provided by Customer in accordance with section 3.4.
3.13. Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to
provide these services.
Network Monitoring. OnSite Infrastructure Response and Dispatch Service
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page 2 of 4
. MOTOROLA
Severity Definitions Table
Severity Level Problem Types ,
,'. , .,
Severity 1 . Response is provided Continuously
. Major System failure
. 33% of System down
. 33% of Site channels down
. Site Environment alarms (smoke, access, temp, AC power.
. This level is meant to represent a major issue that results in an unusable
system, sub-system, Product, or critical features from the Customer's
perspective. No Work-around or immediate solution is available.
Severity 2 . Response during Standard Business Day
. Significant System Impairment not to exceed 33% of system down
. System problems presently being monitored
. This level is meant to represent a moderate issue that limits a Customer's
normal use of the system, sub-system, product, or major non-critical
features from a Customer's perspective
Severity 3 . Response during Standard Business Day
. Intermittent system issues
. Information questions
. Upgrades/preventative maintenance
. This level is meant to represent a minor issue that does not preclude use of
the system, sub-system, product, or critical features from a Customer's
perspective. It may also represent a cosmetic issue, including
documentation errors, general usage questions, recommendations for
product enhancements or modifications, and scheduled events such as
preventative maintenance or product/system upgrades.
Response Time Table (Customer's Response Time Classification is designated in the Service Agreement).
Severity Regular Premier Limited
Level Response Time Response Time Response Time
Severity 1 Within 4 hours from receipt Within 2 hours from receipt Within 4 hours from
of Notification of Notification receipt of Notification
Continuously Continuously Standard Business Day
Severity 2 Within 4 hours from receipt Within 4 hours from receipt Within 4 hours from
of Notification of Notification receipt of Notification
Standard Business Day Standard Business Day Standard Business Day
Severity 3 Within 24 hours from Within 24 hours from Within 24 hours from
receipt of Notification receipt of Notification receipt of Notification
Standard Business Day Standard Business Day Standard Business Day
Network Monitoring, OnSite Infrastructure Response and Dispatch Service
Approved by Contracts and Compliance 12-19-03
page 3 of4
. MOTOROLA
Monitored Elements Table
(Listed by technology)
SmartZone 6.0
Nortel; Packet Routing Network; Zone
Controllers; Database Server; FullVision
Server; Zone Statistical Server; Air Traffic
Router; System Statistics Server; User
Configuration Server; Packet Data Gateway
Server; PBX; Interconnect Server; Motorola
Gold Elite Gateway (MGEG); AEB; CEB;
ARCADACS Cross Connect Switch;
Simulcast RF Site (Site Controllers,
Comparators, Stations); Intelli Repeater RF
Site (Stations);lntelli Site Repeater RF Site
(Site Controllers, Stations);
SmartZone 4.1
MOSCAD Overlay (TenSr, Station,
Channel Banks, TRAK GPS, Environmental
Alarms, Microwave)
Zone Controllers; Database Server; Digital
Interface Unit (DIU); Central Electronic
Bank (CEB) Interface; AEB;
FullVision Server; Air Traffic Router;
System Statistics Server (Multi-Zone); Zone
Statistical Server; User Configuration
Server; NOVA 2000 (Interconnect); Remote
RF Sites (Site Controllers Including
Simulcast, Stations);
SmartZone 3.0 - 3.5
MOSCAD Overlay (Stations-Non Trunked,
Comparater, TenSr Channel Banks,
Environmental Alarms, Microwave)
Zone Controller; Database Server; User
Server; Digital Interface Unit (DIU); Central
Electronic Bank (CEB) Interface;
AEB; User Configuration Server (3.5);
Historical Server (User Server 16); AEB
Central Electronic Bank (CEB); MBX
(Interconnect); Remote RF Sites (Site
Controllers -Including Simulcast, Stations);
SMAR TNET Monitored by MOSCAD SiteSentry
MOSCAD Overlay (Stations, TenSr
Channel Banks, Environmental Alarms,
Microwave)
Site Controllers; Stations; Environmental
Alarms; Channel Banks
Wireless Network Gateway (WNG); Radio
Network Controller (RNe); Base Station
Teltronics All
Teltronics ANI
Teltronics All
Palladium All
Teltronics ANI
Private Data
E9ll - Centralink Classic - Monitored by SEB
E9ll - Centralink Classic- Monitored by RAC
E9ll - C2000/Palladium
Network Monitoring, OnSite Infrastructure Response and Dispatch Service
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page 4 of 4
. MOTOROLA
Statement of Work
Technical Support Service
1.0 Description of Services
The Technical Support service provides centralized remote telephone support for technical issues that
require a high level of communications systems expertise or troubleshooting on Equipment. The
Motorola System Support Center's (SSe) Technical Support Operation is staffed with technologists
who specialize in the diagnosis and resolution of system performance issues. Technical Support
Service (i) -does not include software upgrades that may be required for issue resolution; and (ii) does
not include Customer training (iii) is only available for those system types supported and approved by
Technical Support Operations.
Technical Support is applicable to the following system types: Astro 25 6.x, SmartZone v2.0.3 and
higher, SmartZone/OmniLink, E9ll, Private Data v2.0.3 and higher, SmartNet and Conventional Two-
Way.
The terms and conditions of this Statement of Work (SOW) are an integral part of Motorola' s Service
Terms and Conditions or other applicable Agreement to which it is attached and made a part thereof by
this reference.
2.0 Motorola has the following responsibilities:
2.1. Respond to requests for Technical Support for the Restoration of failed Systems and diagnosis
of operation problems in accordance with the response times set forth in the Remote
Technical Support Response Times Table and the Severity Level defined in the Severity
Defmitions Table.
2.2. Advise caller of procedure for determining any additional requirements for issue
characterization, Restoration, including providing a known fix for issue resolution when
available.
2.3. Attempt remote access to System for remote diagnostics, when possible.
2.4. Maintain communication with the Servicer or Customer in the field until close ofthe Case, as
needed.
2.5. Coordinate technical resolutions with agreed upon third party vendor(s), as needed.
2.6. Escalate and manage support issues, including Systemic issues, to Motorola engineering and
product groups, as applicable.
2.7. Escalate the Case to the appropriate party upon expiration of a Response time.
2.8. Provide Configuration Change Support and Work Flow changes to Systems that have dial in
or remote access capability.
2.9. Determine, in its sole discretion, when a Case requires more than the Technical Support
services described in this SOW and notify Customer of an alternative course of action.
3.0 Customer has the following responsibilities:
3.1. Provide Motorola with pre-defmed information prior to Start Date necessary to complete
Customer Support Plan.
3.1.1. Complete database and escalation procedure forms.
3.1.2. Submit changes in any information supplied in the Customer Support Plan to the
Customer Support Manager.
3.2. Contact the SSC in order to access the Technical Support Operation, provide name of caller,
name of Customer, System ID number, Service Agreement number, site(s) in questions, and brief
description of the problem.
3.3. Supply on-site presence when requested by System Support Center.
3.4. Validate issue resolution prior to close of the Case.
Technical Support Service
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. MOTOROLA
3.5. Allow Motorola remote access to the System by equipping the System with the necessary
Connectivity.
3.6. Acknowledge that Cases will be handled in accordance with the times and priorities as defmed in
Remote Technical Support Response Times Table and the Severity Level defined in the Severity
Definitions Table.
3.7. Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola
to provide the Technical Support service to Customer.
Severity Definitions Table
Severity Level Problem Types .
Severity I . Response is provided Continuously
. Major System failure
. 33% of System down
. 33% of Site channels down
. Site Environment alarms (smoke, access, temp, AC power.
. This level is meant to represent a major issue that results in an unusable
system, sub-system, Product, or critical features from the Customer's
perspective. No Work-around or immediate solution is available.
Severity 2 . Response during Standard Business Day
. Significant System Impairment not to exceed 33% of system down
. System problems presently being monitored
. This level is meant to represent a moderate issue that limits a Customer's
normal use of the system, sub-system, product, or major non-critical
features from a Customer's perspective
Severity 3 . Response during Standard Business Day
. Intermittent system issues
. Information questions
. Upgrades/preventative maintenance
. This level is meant to represent a minor issue that does not preclude use of
the system, sub-system, product, or critical features from a Customer's
perspective. It may also represent a cosmetic issue, including
documentation errors, general usage questions, recommendations for
product enhancements or modifications, and scheduled events such as
preventative maintenance or product/system upgrades.
Remote Technical Support Response Times Table
SEVERITY RESPONSE
Severity 1 Within I Hour from receipt of Notification, Continuouslv
Severity 2 Within 4 Hours from receipt of Notification, Standard Business Dav
Severity 3 Within next Business Day, Standard Business Day
Technical Support Service
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page 2 of2
. MOTOROLA
Statement of Work
Local Radio Combo Package
1.0 Description
Local Radio Combo Package provides operational check and board level repair services for mobile, portable,
two-way and mobile data. An operational check is an analysis of the Equipment to identify external or internal
defects. Local Radio Combo Package also includes service on standard palm microphones and single mobile
controls heads, provided that they are required for normal operation ofthe two-way mobile and are included at
the point of manufacture. Service is only included on Equipment specifically named in the applicable Agreement
to which this Statement of Work is attached.
Local Radio Combo Package excludes repairs to: optional accessories; iDEN accessories; iDEN mobile
microphones; non-standard mobile microphones, mobile external speakers; optional or additional control heads,
single and multiple unit portable chargers; batteries, mobile antennas; mobile power & antenna cables and
power supplies.
The following are excluded from Local Radio Combo service unless they are purchased as an option for an
additional fee. The options are OnSite, Radio Survey and Analysis, Portable Remote Speaker Microphones,
Portable Antenna Replacements Mobile Remote Control Heads.
The terms and conditions of this SOW are an integral part of Motorola's Service Terms and Conditions or other
applicable agreement to which it is attached and made a part thereof by this reference.
2.0 Motorola has the following responsibilities:
2.1 Service to be performed at the Servicer facility during Standard Business Days.
2.2 Perform an operational check on the Equipment to determine the nature of the problem.
2.3 Remove/reinstall mobile or data Equipment from/to Customer's vehicle as needed for additional servicing.
2.4 Test and Restore the Equipment to Motorola factory specifications.
2.5 Remove any dust, and/or foreign substances from the Equipment.
2.6 Reprogram Equipment necessary to return Equipment to original operating parameters based on the
template in the Equipment, if the template information can be retrieved from the Equipment, or from a
backup diskette provided by Customer containing the template information. If the Customer template is
not provided or not reasonably usable, a generic template utilizing the latest Radio Service Software (RSS)
version for that Equipment will be used. The Equipment will require additional programming by the
Customer to Restore the original template.
2.7 Notify Customer upon completion of repair for pickup of Equipment.
3.0 Customer has the following Responsibilities:
3.1 Deliver and pick up Equipment to/from the Servicer facility.
3.2 Inform Servicer of description of problem for Equipment brought in for service.
3.3 If the Equipment will not power up, or if desired, supply Servicer with a backup diskette with the Software
template or programming in order to assist in returning the Equipment to original operating parameters. If
applicable, record the current tlashcode for each radio.
3.4 If Motorola must use a generic template to restore Equipment to operating condition, Customer is
responsible for any programming required to Restore Equipment to desired parameters.
3.5 Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to
provide the Local Radio Combo Package service to Customer.
Local Radio Combo Package
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. MOTOROLA
Statement of Work
Local Radio Combo Package
OnSite Option - Pick up & Delivery
1.0 Description of Service
Equipment will be picked up from and delivered to the Customer's location, within a designated radius of the
Servicer facility. Schedule pickups will be mutually agreed upon and outlined in the Customer Support Plan.
This Option covers Equipment that is specifically named in the applicable Agreement to which this Statement of
Work is attached.
2.0 Motorola has the following responsibilities:
2.1 Use reasonable efforts to pickup and deliver Equipment per the mutually agreed upon Customer location,
days of week, and preferred time. If a pick up/delivery cannot occur according to the preferred schedule,
Customer will be contacted prior to the scheduled pick up/delivery, to arrange a mutually agreeable
alternative date and/or time for pick up/delivery.
2.2 Generate service receipt and leave with Customer.
3.0 Customer has the following responsibilities:
3.1 Designate mutually agreeable location for service pickup and delivery, days of week, and preferred time.
3.2 Provide problem description along with unit.
Local Radio Combo Package OnSite Option
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Page 1 of 1
. MOTOROLA
Statement of Work
Infrastructure Repair with Advanced Replacement
1.0 Description of Services
Infrastructure Repair is a repair service for Motorola and select third party Infrastructure as set forth in the
applicable attached Exhibit(s), all of which are hereby incorporated into this Statement of Work (SOW) by this
reference. Customer's System type determines which exhibit is applicable (i.e. SmartZone system exhibit,
SmartNet system exhibit). Infrastructure may be repaired down to the Component level, as applicable, at the
Motorola Infrastructure Depot Operations (IDa). At Motorola's discretion, select third party Infrastructure may
be sent to the original equipment manufacturer or third party vendor for repair. IfInfrastructure is no longer
supported by the original equipment manufacturer or third party vendor, Motorola may replace Infrastructure
with similar Infrastructure, when possible.
When available, Motorola will provide Customer with an Advanced Replacement unites) or FRU(s) in exchange
for Customer's malfunctioning FRU(s). Non-standard configurations, Customer-modified Infrastructure and
certain third party Infrastructure are excluded from Advanced Replacement service. Malfunctioning FRU (s)
will be evaluated and repaired by IDa and returned to IDa FRU inventory upon completion of repair. In cases
where Advanced Replacement is not available or when a Customer requires the exact serial number to be
returned, a FRU may be available on a Loaner basis.
The terms and conditions of this SOW are an integral part of Motorola's Service Terms and Conditions or other
applicable agreement to which it is attached and made a part thereof by this reference.
2.0 Motorola has the following responsibilities:
2.1. Use commercially reasonable efforts to maintain an inventory ofFRU.
2.2. Provide, new or reconditioned units as FRU to Customer or Servicer, upon request and subject to
availability. The FRU will be of similar kit and version, and will contain like boards and chips, as the
Customer's malfunctioning Infrastructure.
2.3. Program FRU to original operating parameters based on templates provided by Customer as required in
Section 3.5. If Customer template is not provided or is not reasonably usable, a standard default template
will be used.
2.4. Properly package and ship Advanced Replacement FRU from IDa's FRU inventory to Customer specified
address.
2.4.1. During normal operating hours of Monday through Friday 7:00am to 7:00pm CST, excluding
holidays, FRU will be sent next day air via Federal Express Priority Overnight or UPS Red, unless
otherwise requested. Motorola will pay for such shipping, unless Customer requests shipments
outside of the above mentioned standard business hours and/or carrier programs, such as NFO
(next flight out). In such cases, Customer will be subject to shipping and handling charges.
2.4.2. When sending the Advanced Replacement FRU to Customer, provide a return air bill in order for
Customer to return the Customer's malfunctioning FRU. The Customer's malfunctioning FRU
will become property of IDa and the Customer will own the Advanced Replacement FRU.
2.4.3. When sending a Loaner FRU to Customer, IDa will not provide a return air bill for the
malfunctioning Infrastructure. The Customer is responsible to arrange and pay for shipping the
malfunctioning Infrastructure to IDa. IDa will repair and return the Customer's Infrastructure
and will provide a return air bill for the customer to return IDa's Loaner FRU.
2.5. Provide repair return authorization number upon Customer request for Infrastructure that is not classified
as an Advanced Replacement or Loaner FRU.
2.6. Receive malfunctioning Infrastructure from Customer and document its arrival, repair and return.
2.7. Perform the following service on Motorola Infrastructure:
2.7.1. Perform an operational check on the Infrastructure to determine the nature of the problem.
2.7.2. Replace malfunctioning FRU or Components.
2.7.3. VerifY that Motorola Infrastructure is returned to Motorola manufactured specifications, as applicable
2.7.4. Perform a Box Unit Test on all serviced Infrastructure.
Infrastructure Repair with Advanced Replacement
Approved by Motorola Contract and Compliance 1-15-04 page 1 of 3
. MOTOROLA
2.7.5. Perform a System Test on select Infrastructure.
2.8. Provide the following service on select third party Infrastructure:
2.8.1. Perform pre-diagnostic and repair services to confirm Infrastructure malfunction and eliminate
sending Infrastructure with no trouble found (NTF) to third party vendor for repair, when
applicable.
2.8.2. Ship malfunctioning Infrastructure to the original equipment manufacturer or third party vendor
for repair service, when applicable.
2.8.3. Track Infrastructure sent to the original equipment manufacturer or third party vendor for service.
2.8.4. Perform a post-test after repair by Motorola, original equipment manufacturer, or third party
vendor to confirm malfunctioning Infrastructure has been repaired and functions properly in a
Motorola System configuration, when applicable.
2.9. Re-program repaired Infrastructure to original operating parameters based on templates provided by
Customer as required by Section 3.5. If Customer template is not provided or is not reasonably usable, a
standard default template will be used. If IDa determines that the malfunctioning Infrastructure is due to a
Software defect, IDa reserves the right to reload Infrastructure with a similar Software version.
Enhancement Release(s), if needed, are subject to additional charges to be paid by Customer unless the
Customer has a Motorola Software Subscription agreement.
2.10. Properly package repaired Infrastructure unless Customer's malfunctioning FRU was exchanged with an
IDa FRU. Motorola will return Customer's FRU(s) to IDa's FRU inventory, upon completion of repair.
2.11. Ship repaired Infrastructure to the Customer specified address during normal operating hours set forth in
2.4.1. FRU will be sent two-day air unless otherwise requested. Motorola will pay for such shipping,
unless Customer requests shipments outside of the above mentioned standard business hours and/or carrier
programs, such as NFO (next flight out). In such cases, Customer will be subject to shipping and handling
charges.
3.0 Customer has the following responsibilities:
3.1. Contact or instruct Servicer to contact the Motorola System Support Center (SSe) and request an
Advanced Replacement, or Loaner FRU and a return authorization number (necessary for all non-
Advanced Replacement repairs) prior to shipping malfunctioning Infrastructure or third party
Infrastructure named in the applicable attached Exhibit.
3.1.1. Provide model description, model number, serial number, type of System and Firmware version,
symptom of problem and address of site location for FRU or Infrastructure.
3.1.2. Indicate if Infrastructure or third party Infrastructure being sent in for service was subjected to
physical damage or lightning damage.
3.1.3. Follow Motorola instructions regarding inclusion orremoval of Firmware and Software
applications from Infrastructure being sent in for service.
3.1.4. Provide Customer purchase order number to secure payment for any costs described herein.
3.2 Pay for shipping of Advanced Replacement or Loaner FRU from IDa if Customer requested shipping
outside of standard business hours or carrier programs set forth in section 2.4.1.
3.3 Within five (5) days of receipt of the Advanced Replacement FRU from IDa's FRU inventory, properly
package Customer's malfunctioning Infrastructure and ship the malfunctioning Infrastructure to IDa for
evaluation and repair as set forth in 2.7. Customer must send the return air bill, referenced in 2.4.2 above
back to IDa in order to ensure proper tracking of the returned Infrastructure. Customer will be subject to a
replacement fee for malfunctioning Infrastructure not properly returned. For Infrastructure and/or third
party Infrastructure repairs that are not exchanged in advance, properly package Infrastructure and ship the
malfunctioning FRU, at Customer's expense and risk ofloss to Motorola. Customer is responsible for
properly packaging the Customer malfunctioning Infrastructure FRU to ensure that the shipped
Infrastructure arrives un-damaged and in repairable condition. Clearly print the return authorization
number on the outside of the packaging.
3.4 Ifreceived, Customer must properly package and ship Loaner FRU back to IDa within five (5) days of
receipt of Customer's repaired FRU.
3.5 Maintain templates of Software/applications and Firmware for reloading of Infrastructure as set forth in
paragraph 2.3 and 2.9.
3.6 Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to
provide the Infrastructure Repair with Advanced Replacement services to Customer.
Infrastructure Repair with Advanced Replacement
Approved by Motorola Contract and Compliance 1-15-04
page 2 of 3
. MOTOROLA
4.0 In addition to any exclusions named in Section 5 of the Service Terms and Conditions or in any other
underlying Agreement to which this SOW is attached, the following items are excluded from Infrastructure
Repair with Advanced Replacement:
1. All Infrastructure over seven (7) years from product cancellation date.
2. Physically damaged Infrastructure.
3. Third party Equipment not shipped by Motorola.
4. Consumable items including, but not limited to, batteries, connectors, cables, tone/ink cartridges.
5. Test equipment.
6. Racks, furniture and cabinets.
7. Firmware and/or Software upgrades.
Infrastructure Repair with Advanced Replacement
Approved by Motorola Contract and Compliance 1-15-04
page 3 of 3
SlIlsrtZoneSystem.'. ....... . >.'
Infrastructure Exhibit'
Antenna Systems
Base Station(s) and Re eater(s)
Central Electronics Bank(s)
Channel Bank(s)
Com arator(s)
Computer(s)
Console(s)
Controller(s) -Trunking
MBEX(s) or NOVA Interconnect
Microwave Equipment.
Monitor(s)
Moscad
Network Fault Mana ement
Printer(s)
RAS s
Receiver(s)
Simulcast Distribution
Am lifier(s)
Site Fre uenc Standard(s)
Universal Simulcast Controller
Interface( s)
UPS Systems.
Zone Manager
Zone Controller(s)
. MOTOROLA
Excludes all Equipment such as bi-directional amplifiers, multi couplers, combiners,
tower to re-am lifiers, antennas, cables, towers, tower Ii htin , and transmission lines.
Includes: Quantar, Quantro, Di ital MSF5000 and MTR2000 ONLY.
Includes Lo in Recorder Interface and Network Hub
Includes Premis s and Telco. Excludes Siemens
Includes S ectratac, Di itac, and Astrotac Com arators.
Includes computers (Pentium I, II, III, IV) directly interface with or control the
communications System, including SiteLens and System watch II. Includes keyboards,
mice and trackballs. Excludes laptop computers and all 286, 386,486 computers.
Excludes defective or phosphor-burned cathode ray tubes CRT(s) and burned-in flat
anel dis la ima e retention.
Includes consoles (Centracom II, Centracom Gold Classic, Centracom Gold Elite) as part
of complete communication System - ONLY. Includes headset jacks, dual footswitches,
and ooseneck micro hones. Excludes Centracom I.
Includes SmartNet II prime and remote controllers. Excludes SSMT and SCMS
controllers.
Excludes all types and models.
Included
Included u on modem model availabili
Included u on modem model availabili
Includes AEB, AIMI, ZAMBI, AMB
Includes computers (Pentium I, II, III, IV) directly interface with or control the
communications System, including SiteLens and System watch II. Excludes laptop
com uters and all 286, 386,486 com uters.
Included
Excluded from service agreement but may be repaired on an above contract, time and
material basis. All E ui ment must be shi ed to IDa. Excludes an on-site services.
Includes all monitors connected to computers that directly interface with or control the
communications System. Includes flat panel displays and touch screen monitors.
Excludes defective or phosphor-burned cathode ray tubes CRT(s) and burned-in flat
anel dis la ima e retention.
Only NFM (Network Fault Management), as part of communication System only.
Standalone MOSCAD and System Control and Data Acquisition (SCADA) must be
uoted se aratel . Excludes Fire alannin s stems.
Includes Full Vision. Excludes NMC
Includes rinters that directl interface with the communications S stem.
Excludes RAS 1I00, 1I01 and 1102
Includes Quantar and MTR2000, ASTRO-TAC Receivers.
Included
Includes Rubidium, GPS and Netclocks systems sold with the Motorola System.
Included
Excluded from service agreements but may be repaired on an above contract, time and
material basis. All UPS Systems must be shipped to IDa for repair. Excludes anyon-site
services. Excludes all batteries.
Excludes HP715/33, HP 715/50 servers. Excludes x-terminals NDS14C and NDS17C
Includes console terminals. Excludes ALL Sun/IMP hard drives except TLN3495A 0820
1 GB drive. Excludes the following SUN/IMP CPUSET's: TLN3278B 0406, TLN3343A
0424 and TLN3278A 0181/0389.
.. MOTOROLA
Statement of Work
Software Subscription
1.0 Description of Service
Motorola will provide to Customer Software Subscription services in accordance with this Statement of
Work. Motorola will provide periodic software bulletins to Customer at its address for notice purposes (or
at another address that Customer may direct in writing). These software bulletins announce and explain
Enhancement Releases and Core Releases for Motorola and Non-Motorola Software that are available to
Software Subscription Customers for use with their upgrade-capable Motorola Equipment covered by these
services. Motorola will provide applicable Enhancement Releases or Core Releases as ordered by
Customer.
Software Subscription includes design services for Enhancement Releases only. Motorola will review
System audit data (when this service is performed by Motorola) along with an equipment list to avoid
potential Software incompatibilities between equipment that is being upgraded versus equipment which is
not being upgraded with the Enhancement Release. Motorola will identify additional equipment and
engineering (if applicable) for the System that is required as a result of the upgrade and will recommend a
plan for installation of this additional equipment in addition to the core or enhancement release.
Implementation of this installation plan is not included with the Software Subscription services.
Additional Provisions for Software Subscription services that begin after December 31. 2004. concerninf?:
SmartZone 4.1 and Astro 25 Trunkinf?: Systems: Motorola recommends that Customer maintains continuity
in receiving Software Subscription services until Customer decides to no longer install additional
Enhancement Releases. If, contrary to this recommendation, Customer discontinues Software Subscription
services and later decides to reinstitute Software Subscription services, then Motorola will provide those
Software Subscription services retroactively to the date such services were discontinued.
Exclusions
The Software Subscription program originated from and was designed to support Motorola's radio systems
business. The Software Subscription program does not cover the software, hardware, or services provided
by Radio Service Software; ISD; Plant Equipment, Inc. ("Plant") -Motorola's E911 solution subcontractor;
or any Motorola business sector other than CGISS. Software not purchased through Motorola is not
covered.
Software Subscription services are not intended to, and do not, cover software support for virus attacks,
games or other applications that are not part of the System, or misuse of the covered Software. Motorola is
not responsible for management of anti-virus or other security applications (such as Norton).
The terms and conditions of this Statement of Work (SOW) are an integral part of Motorola's Service
Terms and Conditions or other applicable Agreement to which it is attached and made a part thereof by this
reference.
2.0 Motorola has the following responsibilities:
2.1 Provide to Customer the software bulletins announcing Enhancement Releases and Core Releases.
2.2 Provide to Customer (in response to a Customer order) those Features included in an Enhancement
Release that apply to the Motorola Software in Customer's existing System components.
2.3 Perform the following Software upgrade design:
2.3.1 Review Infrastructure System audit data as needed.
2.3.2 Identify additional System equipment needed to implement an Enhancement Release, if
applicable.
2.3.3 Complete a proposal defining the Enhancement Release, Equipment requirements,
installation plan, and impact to System users that will fulfill the Customer's upgrade
requirements.
Software Subscription
Approved by Contracts & Compliance -1/21/05
1013
. MOTOROLA
2.3.4 Advise Customer of probable impact to System users during the actual field upgrade
implementation.
2.4 Provide to Customer (in response to a Customer order) those Standard Features included in a Core
Release that apply to the Motorola Software in Customer's existing System components. Optional
Features issued with a Core Release are not included under these Software Subscription services but
are available to Customer, under a separate agreement at a discount from current list price (20% for
voice System Optional Features and 15% for data System Optional Features). Once an Optional
Feature is provided to Customer, Enhancement Releases for that Optional Feature are available at no
additional charge.
3.0 Customer has the following responsibilities:
3.1 Customer must contact its Motorola representative to order an available Enhancement Release or Core
Release as directed in the Customer Support Plan.
3.2 Contact Motorola upon receiving a bulletin to engage the appropriate Motorola resources for an
Enhancement Release.
3.3 Review Software installation plans and impact to the users with appropriate Customer personnel.
3.4 Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to
provide these services to Customer
4.0 Special provisions: the following provisions apply to the Software Subscription services:
4.1 Customer acknowledges that if its System has a Special Product Feature, additional engineering may
be required to prevent an installed Enhancement Release or Core Release from overwriting the Special
Product Feature. Upon request, Motorola will determine whether a Special Product Feature can be
incorporated into an Enhancement Release or Core Release and whether additional engineering effort
is required.
4.2. Customer is encouraged to install periodically Enhancement Releases because they may include minor
performance enhancements and will keep the System current. In addition enhancement releases may
contain updated versions of third party software enabling customers to obtain optimal support for these
products. Customer is encouraged to migrate the Motorola Software to the most current Core Release
because Enhancement Releases are available for a limited time for a given core release as defined by
Motorola's life cycle roadmap.. If Customer's System is not maintained to a currently supported
Software version, all Core Releases and Enhancement Releases may not be compatible with
Customer's existing System.
4.3 Additional hardware, software, or engineering services may be required if Customer desires to upgrade
or migrate to a particular Core Release or Enhancement Release. If the size and complexity of
Customer's System warrants, Motorola may provide consultation services to determine the
technological, operational and fmancial impact of installing a particular Core Release or Enhancement
Release on the System, pursuant to a separate agreement. Customer must pay for such consulting
services and for any other engineering services, hardware, and software that are required to upgrade or
migrate Customer's System due to each Enhancement Release or Core Release that Customer orders.
4.4 Customer may use the Software (including any Enhancement Releases and Core Releases) only in
accordance with the applicable Software License Agreement. Nothing in this Statement of Work or
caused by Motorola rendering these Software Subscription services is intended to modify the Software
License Agreement or to alter Motorola's intellectual property rights in and to its Software.
4.5 Software Subscription services do not include repair or replacement of hardware or Software caused by
defects that are not corrected by the Enhancement Releases and Core Releases, nor does it include
repair or replacement of defects resulting from any nonstandard or improper use or conditions or from
unauthorized installation of Software.
4.6 Customer may terminate Software Subscription services at any time by giving written notice of
termination to Motorola. Such termination will be effective at the next annual anniversary date
following Motorola's receipt of the notice of termination and may be partial if that is reasonably
necessary to accommodate a significant change to Customer's System configuration.
4.7 These Software Subscription services and the parties' duties described in this Statement of Work will
automatically terminate if Motorola no longer supports the Software version in Customer's System or
discontinues the Software Subscription program; in either case, Motorola will refund to Customer any
prepaid fees for Software Subscription services applicable to the terminated period.
Software Subscription
Approved by Contracts & Compliance -1/21/05
20f3
. MOTOROLA
4.8 Motorola may suspend or terminate these Software Subscription services, if Customer fails to pay
Motorola any fees for Software Subscription services when due, Customer breaches the Software
License Agreement or the Agreement, Customer's rights to use the Software under the Software
License Agreement expires or is terminated, or Customer replaces its Motorola System with a system
from another manufacturer.
Software Subscription
Approved by Contracts & Compliance -1/21/05
30f3
Radio Maintenance Budget Projections
Fiscal Year 2006-2007
DeparlmenYAccount#
# of Radios Annual Budget
Assigned Amount
Quarlerly
payment
amount
001-1802-512-46.20
L TS 2000 Portables (EOC)
6
$420.24
$105.06
Community Impr. Admin.
001-2711-524-46.20
L TS 2000 Portables $79.52 $19.88
Building Inspection
001-2721-524-46.20
L TS 2000 Portables 11 $851.88 $212.97
Code Enforcement
001-2741-524-46.20
L TS 2000 Portables 14
LCS 2000 Base 1
Division Total $1,158.56 $289.64
Sanitation
433-3711-534-46.20
L TS 2000 Portables 3 $227.16 $56.79
001-1811-513-46.20
L TS 2000 Portables
6
$465.68
$116.42
001-4123-572-46.20
L TS 2000 Portables
18
$1,385.72
$346.43
8c;
Radio Maintenance Budget Projections
Fiscal Year 2006-2007
Quarlerly
# of Radios Annual Budget payment
# Amount amount
Administration
001-3111-534-46.20
L TS 2000 Portables $79.52 $19.88
Building Maintenance
001-3431-519-46.20
L TS 2000 Portables 6
LCS 2000 Base 1
Division Total $545.20 $136.30
Fleet Maintenance
501-3311-591-46.20
L TS 2000 Portables 3
LCS 2000 Base 1
Division Total $318.04 $79.51
Streets Maintenance
001-3113-541-46.20
L TS 2000 Portables 11 $851.88 $212.97
Traffic Operations
001-3141-541-46.20
L TS 2000 Portables 6 $465.68 $116.42
Stonnwater Maintenance
448-5416-538-46.20
L TS 2000 Portables 3 $227.16 $56.79
Parks Maintenance
001-4131-572-46.20
L TS 2000 Portables
LCS 2000 Base
30
1
Division Total
$2,396.60
$599.15
Radio Maintenance Budget Projections
Fiscal Year 2006-2007
DeparlmenYAccount#
,.' "-i""-,' - - ;-7-f$lfj:<-}T_'-~~:':";W.~"~~(;<f'--c
# of Radios Annual Budget
Amount
Quarlerly
payment
amount
441-5112-536-46.20
L TS 2000 Portables
LCS 2000 Base
6
1
Division Total
$545.20
$136.30
Administration
441-5111-536-46.20
L TS 2000 Portables 2 $159.00 $39.75
Liftstation Maintenance
441-5144-536-46.20
L TS 2000 Portables 25
LCS 2000 Base 2
Division Total $2,101.28 $525.32
Construction Division
441-5145-536-46.20
L TS 2000 Portables 7
LCS 2000 Base 1
Division Total $624.72 $156.18
Water Treatment Plant
441-5122-536-46.20
L TS 2000 Portables 5 $386.20 $96.55
Compliance
441-5124-536-46.20
L TS 2000 Portables 2 $159.00 $39.75
Water Distribution
441-5123-536-46.20
L TS 2000 Portables 20 $1,544.72 $386.18
Wastewater Collection
441-5141-536-46.20
L TS 2000 Portables 11
LCS 2000 Base 1
Division Total $931.36 $232.84
Local Government Totals 206 $15,924.32 $3,981.08
Radio Maintenance Budget Projections
Fiscal Year 2006-2007
DeparlmenYAccount#
# of Radios Annual Budget
Amount
Quarlerly
payment
amount
Fire Department
001-2315-524-46-20
Radio Maintenance
$15,179.44 $3,794.86
Radio Maintenance
$85,987.08 $21,496.77
,C!<'.":",'--' "
"'-;>--;:-_:_:_i\~f;jiLi.J.~:t~;~,~~t~~'{
, ,,"i:,~: ? --." ~ h.: .. ~ 'I ~;I~~~.2-;:"J~ co
d:\
dP1
MYDELRAYBEACHCOM
City of Delray Beach
Administrative Services Memorandum
SUBJECT:
David T. Harden, City Manager
~bert A. Barcinski, Assistant City Manager
Agenda Item City Commission Meeting May 2, 2006
Special Event Request - 9th Annual Downtown Delray Craft Festival
TO:
FROM:
DATE:
April 26, 2006
ACTION:
City Commission is requested to endorse the 9th Annual Downtown Delray Craft Festival sponsored
by Howard Alan Events, Ltd. proposed to be held on May 27-28,2006 from 10:00 a.m. to 5:00 p.m.,
to grant a temporary use permit per LDR's Section 2.4.6(H) for the closure and use ofNE 2nd Avenue
from the west side of the alley just north of Atlantic Avenue to the south side ofNE 3rd Street and to
provide staff support for traffic control and security, barricading and for fire inspection services.
BACKGROUND:
Attached is a letter, event permit application, site plan, budget, certificate of insurance and hold
harmless agreement for this event. The event sponsor will be responsible for event management,
clean up, night time security, port-a-lets, dumpsters, and for providing barricades. City staff will
install the barricades. Total estimated City costs for this event are $4,350. Per event policies and
procedures the event sponsor is responsible for the payment of all City costs. Mr. Alan indicated in
his letter that the old Publix site would be used for vendor parking. However since this site is not
available he is requesting a portion of the Old School Square lot (map attached).
RECOMMENDATION:
Staff recommends endorsement of the event, granting of the temporary use permit for the street
closure on NE 2nd Avenue, the alley just north of Atlantic to NE 3 rd Street, and use of the southern
portion of the Old School Square parking lot, providing staff assistance for security and traffic
control, barricading, fire inspection services, and allowing the event signs to be installed one week
prior to the event with all overtime costs to be paid by sponsor.
RAB/tas
File:u:sweeney/agenda
Doc: Agenda Item for glh Annual Downtown Delray Craft Festival
~'\-\
C "'i "/ i ,/~ /\
.. . r-
DC('f:=" \!r~~;
t \ L.e \,,/ ", ~ "'.- L..
I. (
April 10, 2005
HmHu.d Alan EH'llb, Ltd.
Mr. Robert Barcinski
Assistant City Manager
City of Delray
100 NW 1st Avenue
Delray Beach, FL 33444
Dear Mr. Barcinski:
We are planning for the 9th Annual Downtown Delray Craft Festival, to be held May 27 & 28,
2006 on NE 2nd Avenue from NE 1 st Street to NE 4th Street in Pineapple Grove.
Please be advised that the following logistics for the 9th Annual Downtown Delray Craft
Festival will be arranged:
Clearance: A 14' clearance for emergency traffic will be provided throughout the entire show
area.
Street Closure: City of Delray Beach will order and put on the barricades for the event. Bob's
Barricades will drop off barricades on Friday, May 26,2006.
12 barricades just past the alley
10 barricades on the corner of NE 2nd Avenue and NE 1 st Street
14 barricades on the corner of NE 2nd Avenue and NE 2nd Street
14 barricades on the corner of NE 2nd Avenue and NE 3rd Street
5 barricades at the crosswalk between NE 3rd Street and NE 4th Street on the west side
by Publix
Police: The Delray Police Department will arrange for Police and Security from 10:00 am - 5:00
pm on Saturday and Sunday for daytime security, and overnight security officers on Saturday
from 5:00 pm - 6:00 am.
. Port-Q-Lets and Dumpster: 3 regular and 1 handicap port-o-lets will be ordered through Able
Sanitation and will be dropped off on Friday, May 26, 2006 and will be picked up on Monday,
May 29, 2006, with servicing on Sunday, May 28, 2006. Their location is to be advised by
Marjorie Ferrer of the Joint Venture.
A 20-yard roll off dumpster is ordered from Southern Waste Systems. It will also be dropped off
on Friday and picked up on Monday. Location to be advised by Marjorie Ferrer of the Joint
Venture.
9695 W. BROWARD BLVD. . PLANTATION, FLORIDA 33324
(954) 472-3755 . FAX (954) 472-3891
www.artfestival.com
Trash Receptacles: Trash receptacles will be supplied and maintained by our professional
clean-up crew, Tents for Events. They will handle clean up of the trash throughout the area
each day.
Vendor Parking: Parking will be at the vacant ~I!lIBIi)( ~8rh:iPlg let.
Insurance: City required certificate is enclosed.
If you have any questions, please feel free to call me at (954) 472-3755.
City ofDelray Beach
Special Event Permit
Application
DELRAY BEACH
~
A1I-Amer1caClty
, ~ II J!
1993
2001
PLEASE PRINT
Event NamefTille: --9 -rL- ~/J"'" ~O<A "./vI-" '"'
Event Dale(S):~ A?J 2-+ ~ 2..'<> ,7-120 (,..,
Event Time(s): , 0 - S' p-- "":DA-: \""
- G r
Event Sponsor/Producer.~ 0 ~...~ \J~...~ -NM8NJ2... ~
Event Contact/Coordinator: ~ '--' blU> ~ \~J-) -e~..1
')y"~6 (l/Ul{."'4- reJ <41.
Name:
Address: l. S" 'V .J... ? \~~.....,. FL 3 33 t. 'I
Telephone Number: -"'n. - S(' Cellular Number: ~ r\.t - (pl" ~ ~~~,(
E-mail Address: 0ta..~t.k-~ ba..J.~A.-\. ~'--
\-\oL.J ~ ~ ~ ~r)+~l. CD___
Event fjiPlion/Purpose:
t;z\J+.1>o~ ~JJ M G,L~I
Sponsor Category (please check) City 0 Non-Profit/Charitable 0 Private ~
Co-Sponsor - Non-Profit/Private 0
(If Non-profit attach proof of 501c(3) or (d))
Event Location (Describe area boundaries of event/location):
-- ~~~~~~ - ~€ 2-~- ~ML-
- --; - -- ~ '-1 .. ;. 3- - : "t- ~pt?.., .
f\\ L oU ~ i'J~ \~~ if-.. '
Site plan attached yes ~
(Site plan required for entireeven~ site)
?-t ~)t'-~ ~o ~""',.e.. ~ 0..., C <) JJ ~h..,c,,* ~ 0...
Event budget attached yes ------
(Required for all ~vents)
Serving or selling alcoholic beverages yes no -----
(If yes, copy of license and a/coho/liability insurance required two (2) weeks prior
to event)
no
no
1
Event certificate of insurance attached yes / no
(Required two (2) weeks prior to event naming the City as additional insured, also
required for vendors)
Playing of amplified music
(Waiver required)
yes
no
~
Requesting Police assistance
(traffic control/security)
yes
/
/
no
Will supplement with private security yes
(If yes, need plan attached) ~".. " ~,U" t,'MA. e>~
Requesting Emergency Medical assistance yes
/
no 7' E/t1!:l
Pl~ wl~1 k.J.~,"ruO t..tq .
/
no
Requesting barricade assistance
yes
no
Requesting trash removal/clean up assistance yes
no
~
------
Requesting trash boxes and liners
yes
no
Requesting stage use
(If yes, check type)
Large stage covered 0
Half small stage 0
yes
no
~
Large stage no cover 0 Small stage 0
Requesting signage /" IVot A'i~ no
Type: Event sign Directional signs ./'" -:v I~).-e- A l> J;~ Co~ e_~
Banner hanging Indicate dates required
(Waiver required if more than one (1) week prior to event)
/
JI~
Food and beverage vendors ' yes
If yes, approximate number ~.,& ~.
Health Department approval yes
no
no
Other vendors yes
Tents (O-.J.\O P~A.~ ~M ~~yes
(If yes, tent permits and fire inspections maybe needed)
no
......---
~
no
Will the event include amusement rides yes no
(If yes, type and location and copy of liability insurance required)
~
/
Will the event be gated
(Show on-site map)
yes
no
2
Will there be fireworks or other pyrotechnics yes
(If yes, contact Fire Marshall)
no
/
~
Will there be cooking with compressed gas yes no
(If yes, contact Fire Marshall) /
Will you be providing port-a-Iets for the event yes no
(If yes, locate on-site map. If no, indicate how you will handle restroom
needs)
Will there be a charge for the event
(If yes, indicate ticket prices)
yes
~
no
7
Is reserved parking requested
(If 'cate locations)
yes
no
Con r ~rdinator
: ~e ~"::t-
f'
Please enclose the appropriate non-refundable application fee payable to the
City of Delray Beach, 100 N.W. 1st Avenue, Delray Beach, Florida 33444.
0(.::.
For Staff Use 0 I.
Date Received J.3 t(o
I'"'^' ~
Application fee received $ LA..)
Site map / ~ ~~
Budget V A.Q.C. 4 C(
Certificate of insurance v A..a.D-' C/ J
Hold Harmless agreement ~ ~l Of
Security plan
Waiver alcoholic beverage
Railroad approval
Coast Guard approval ~
501 c(3) or (d) certificate or letter
Health Department approval
Fire Inspector approval
Police Department approval
Public Works approval
Parks and Recreation approval
City Commission approval
--
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":.:~
'. .~. -,~..~
American Craft Endeavors
~th Annual Downtown Delray Craft Festival
~_ay 27 & 28, 2006
~~Qf>>()SED BUDGET FQ~_~C1Y 2006
Income
Number of Crafters
Number of Food Vendors
--
Total Revenue
EXPENSES
--~- --..-...
Advertisill9 :
Boca Raton News
Palm Beach Post
SouttlXlorida Newspaper
Sun Sentinel
Advertising SubTotal
Services :
Permit
Permit
~ignage
Sanitation
Sanitation
Sanitation
Barricades
Security, Fire, Public Works
Rentals
QECiP~ics for advertising
Payroll
Rental Property
~odging_s and meals, travel
q!l~ Million D()Uar liability in_spSllicy
Administrative Overhead
Service SubTotal
Total Expenses
-
Show Profit
110
3
Palm Beach County Health
_c:ity Of Delray Beach
AA Sign _Lines
Able Sanitation
Southern WastE3Systems
Tents for Events
Bob's Barricades
, City Of Delray Beach
Tents for Events
Expense
Helayne~tillings & Staff
Delray Joint Venture
telephone, mailings,etc
Crafter Revenue
Food Vendor Revenue
--t----
l--
I Expense
I
_l~)(p~I1_~E3
iExpense
'Expense
__~xpense
'Expense
Expense
Expense
Expense
Expense
,Expense
Expense
Expense
Expense
. _ Expense
Expense
_ ~xp~nse_
Expense
Expense
$19,250
$1,049.40
$20,299.40
- - t -------
I
I
J___
I
-------- J
$708.50
--------------
$1,551.12
$325.00
__n__.__________________
$1,544.80
$4,129.42
$25.00
$100.00
------------
$600.00
$680.34
-- --.----- -------
$798.96
$530.00
$350.00
$3,~!)!.<<>.0
$350.00
$250.00
$1,953.48
---------------------... ----.---
$2,000.00
$400.00
-----------------.---
$675.00
- ---------------
$1,600.00
. $!~!~~3.78
$17,793.20
$2,506.20
CJP
CERTIFICATE OF INSURANCE ISSUE DATE (MMIDDIYY)
1226746 3/14/06
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY
K & K Insurance Group, Inc. AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
1712 Magnavox Way CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE
P.O. Box 2338 COVERAGE AFFORDED BY THE POLICIES BELOW.
Fort Wayne, In 46801
COMPANIES AFFORDING COVERAGE
INSURED COMPANY A
LETTER GREAT AMERICAN ASSURANCE COMPA
HOWARD ALAN EVENTS LTD (SEE GAI3001)
9695 W. BROWARD BLVD. COMPANY B
PLANTATION, FL 33324 LETTER
COMPANY C
LETTER
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY
PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO
WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO
ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO. TYPE OF INSURANCE POLICY EFFECTIVE POLICY EXPIRATION
LTR POLICY NUMBER DATE (MMlDDNY) DATE (M'v\IDDIYY) LIMITS (in thousands)
General Liability 12:01AM 12:01AM General Aggregate $ NONE
A IX] Commercial General Liability PAC0788942204 3/05/06 3/05/07 Products-Comp/Ops Aggregate $ 5000
D Claims Made IKJOccur. Personal & Advertising Injury $ 1000
DOwner's & contractors Prot. Each Occurrence $ 1000
D Fire Damage (Anyone fire) $ 300
Medical Expense (Anyone person) $ "
Participant Legal Liability $ N/A
Automobile Liability 12:01AM 12:01AM Combined
D Any auto Single
A PAC0788942204 3/05/06 3/05/07 Limit $ 1000
B All owned autos Bodily
Scheduled autos Injury $
I(oer oerson)
IX] Hired autos Bodily
IiJ Non-owned autos Injury $
I (";er accident)
D Garage Liability Property
D Damage $
Excess Liability 12: o lAM 12:01AM Each Aggregate
A IiJ STRAIGHT EXS EXC0788942304 3/05/06 3/05/07 Occurrence
IiJ other than Umbrella form $ 1000 $ 1000
Workers' Compensation Statutory
and $ Each Accident
Employers' Liability $ Disease-Policy Limit
$ Disease-Each Employee
AD&D $
Participant Primary Medical $
Accident Excess Medical $
Weekly Indemnity $ X
DESCRIPTION OF OPERA TIONS/LOCA TIONSNEHICLES/RESTRICTIONS/SPECIAL ITEMS
THE CERTIFICATE HOLDER IS LISTED AS AN ADDITIONAL INSURED BUT ONLY WITH
RESPECT TO LIABILITY ARISING OUT OF THE ACTIVITIES O~: OPE~!IO'S OF THE NAMED
INSURED. RE: 9TH ANNUAL DOWNTOWN DELRAY BEACH FEST 5 27-28 06 FORM CG2024
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE
CITY OF DELRAY CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE
100 NW 1ST AVENUE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS
DELRAY BEACH, FL 33444 WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO
ATTN: ROBERT BARCINSKI THE LEFT. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE
NO OBLIGATION OR LIABILITY OF ANY Kli UPON THE
COMPANY, ITS AGENTS OR ~RESENTATIV71 "..,
AUTHORIZED REPRESE~ATI~. K n r~VI
~.~ (~
SL39 / c:Jc-- -=J 1-92
HOLD H.A.RMLEss AGREEMENT
THIS HOLD HARMLESS AGREEMENT, is entered into this ~ day of
L !/pa..< ( ,20liYe by 8Dd between the CITY OF D~Y BEACH, ll'LORIDA, a Florida
municipal corporation (hereinafter referred to 88 "CITY'') and
- -6,-,~ ~w ~ 1.4-,).c.J --- . (hereinafter referred to as "EVENT
SPONSOR'').
WITNE SSE TH:
WHEREAs, EVENT SPONSOR seeks to hold " a ~ial event known as
--
~~ 2-J AVl ~, n ~ (J to be held on..-{ O' U- I lll, loof,.
. 'f -Jl ...-.0~ ~<-tL
(hereinafter refeReQ to SSqne ''Event''); 8.nd .
WHEREAS, the Event will be held within the City limits ofDelray Beach; and .
WHEREAS, the City Commission has determined that such an Event promotes the
public's health, safety and welfB:re.
NOW, THEREFORE, for the mutual covenants and matters set forth herein, as of the
date set forth above, the parties hereby agree as follows:
1. The recitations set forth above are incorporated herein.
2. Indemnification. EVENT SPONSOR, for good and valuable consideration,
agrees to defend, indemnify, and hold harmless the CITY, its agents, officers, employees and
servants from any and all suits, causes of action or any claim whatsoever made, and damages,
which may result from any activity conducted by EVENT SPONSOR, its agents, employees,
assigns or contractors, in relation to the Event.
'3. Insurance. EVENT SPONSOR shall obtain insurance covering the Event in the
amounts and of the types specified in Exhibit "A" attached hereto which is mcorporated herein as
if fully set forth.
4. Governin2 laws: venue. T1iis agreement shall be governed by the laws of the
State of Florida. Any proceeding initiated to enforce the provisions of this agreement shall be
brought in the State or Federal courts located in Palm Beach County, Florida.
S. Bindinl! Effect. All of the terms and provisions' of this Agreement sball be
binding upon, inure to the benefit ot: and be enforceable by, the partieS hereto and their
respective heirs, successors, legal representatives, and permitted assigns.
. 6. Entire A2reement. This Agreement sbaI1 constitute the entire agreement of the
parties with respect to the subject matter of it All prior understandings and agreements between
the parties with respect to such matters are merged into this Agreement; which alone fully and
completely expresses their understanding. .
7. Amendments. This Agreement may not be amended, modified, alterect or
changed in any respect, except by a further agreement in writing duly executed by each o~the
parties hereto.
8. Third Parties. . Nothing in this Agreement, whether express or implied, is
intended to confer any rights or remedies under or by reason of.this Agreement upon any person
other than the parties hereto and their respective heirs, successors, legal representatives, and
permitted assigns, nor is anything in this Agreement intended to relieve or discharge the
obligation or liability of any third persons to any party to this Agreement, nor shall any provision
thereof give any third person any right of subrogation or action over or against any party to this
Agreement.
2
IN WITNEss WHEREOF, the parties hereto have entered into this agreement the
day and year first written above. .
ATIEST:
CITY OF DELRAY BEACH, FLORIDA,
a Florida municipal corporation
By:
City Clerk .
By:
Jeff Perlman, Mayor
Approved as to Form:
By: .
City Attomey
WITNEsSES:
tJv
(print or type name)
(print or type name)
(print or type name)
STAm OF FLORIDA vL
. COUNTYO~~
']'he foregoing instrument
~...-( . 200.f. by
officer or agent) of
acknowledging), a,
of the corporation.
(SEAL)
was acknowledged before me this ~ ~y of
(name of officer or agent, title of
(name of corporation
(state or place of incorporation) corporation, on behalf
'He/She is personally known to me or has produc~
(type of ~.ziden~ did (did not) tab
U.-ta ~
Signature of Notary Public-
State of Florida
an oath.
D. PErRi
" eo.....__...
. ~ ll'27llOCl8 =-t
IIanclea IIlnI (~
........~~~:~;;.~..
3
""",_.", ,_"._"'~.,..__"'__""'~:~ -~ ...,"::~..~:.~_~.r?!~~~l!~~~I:!:.Sq!!
City of Delray Beach
Administrative Services Memorandum
.--...."
~
./'
TO:
David T. Harden, City Manager
fJ!:' Robert A. Barcinski, Assistant City Manager
FROM:
SUBJECT:
Agenda Item City Commission Meeting May 2, 2006 Approval
Amendment NO.1 Florida Communities Trust Grant/Old School
Square Addition
DATE:
April 25, 2006
ACTION:
City Commission is requested to approve Amendment No. 1 between the City and the
Florida Communities Trust for the Old School Square Addition Project.
BACKGROUND:
In September 2005 City Commission approved a grant agreement in the amount of
$2,006,000 with the Florida Communities Trust for the acquisition of property from the
Community Redevelopment Agency. The grant was approved by the FeT in November with
an expiration date of May 16, 2006.
Due to the need to conduct a Level II Environmental Assessment of the property I requested
a three (3) month extension of the grant to allow enough time to complete the environmental
assessment and get final reports submitted. The proposed amendment would extend the grant
expiration date to August 31, 2006.
RECOMMENDATION:
Staff recommends approval of Amendment No.1 to the grant agreement between the City
and Florida Communities Trust for the Old School Square Addition (Park) project which
changes the grant expiration date to August 31, 2006.
RAB/tas
File:u:sweeney/agenda
Doc: Agenda Item for Amendment No 1 Fer ass
~.
RtCtlVtD
APR 1 q '1
A' '" ,,{
Ctr$-':"',
r!vl "
I\Nl\c. ,
"" r:. ~;?
IF R (Q) Jr [ dic8t C (Q) Jl1lliJl1lli llllllll [ t i eB T JrUB t
April 12, 2006
Mr. Robert A. Barcinski
Assistant City Manager
100 NW 1st Avenue
Delray Beach, FL. 33444
RE: FCT Project Number 04-062-FF4
City of Delray
Old School Square Addition
Dear Mr. Barcinski:
Enclosed are two originals of the Addendum I to the Grant Contract for the project. The
Addendum includes an extension to August 31,2006.
Any questions about the addendum can be directed to Kristen Coons, Trust Attorney at
(850) 922-1700. Please sign the addendum and return it to the Trust as soon as possible.
Sincerely,
~ ,?/~--
--.,
Bryan Wirick
OMCI
bw
Enclosure:
Grant Contract Addendum
DEPART'\1ENT OF CO:\1MU,ITY AFFAIRS. 2555 SHUMARD OAK BOULEVARD. TALLAHASSEE, FL 32399-2100
850/922-2207 . SL'I\'COM 292-2207 . FAX 850/921-1747
@
FLORID,>,. C()MMI'~I11ESTRl:ST RECYCU,S
FCT Contract Number
FLORIDA COMMUNITIES TRUST
FF4 Award Number 04-062-FF4
OLD SCHOOL SQUARE ADDITION
ADDENDUM I TO GRANT CONTRACT
THIS ADDENDUM I is entered into by and between the FLORIDA COMMUNITIES
TRUST (FCT), a nonregulatory agency within the State of Florida Department of Community
Affairs, and the CITY OF DELRAY BEACH, a local government ofthe State of Florida
(Recipient), this day of , 2006.
NOW THEREFORE, FCT and the Recipient mutually agree as follows:
WHEREAS, the parties hereto entered into a Grant Contract which sets forth the
conditions of conceptual approval that must be satisfied by Recipient prior to the receipt of the
FCT Award and the restrictions that are imposed on the Project Site subsequent to its acquisition
with the FCT Award;
WHEREAS, the initial term ofthe Grant Contract expires May 16, 2006;
WHEREAS, the Recipient, in accordance with Article I, paragraph 2. of the Grant Contract
and in compliance with Rule 9K-7.009(5), F.A.C., has timely submitted to FCT a written request for
extension of the May 16, 2006, deadline;
WHEREAS, Article IT, paragraph 1. ofthe Grant Contract states that either party may request
modification of the provisions of the Agreement at any time. Changes which are mutually agreed
upon shall be valid only when reduced to writing and duly signed by both the Recipient and FCT;
WHEREAS, the parties hereto desire to extend the term ofthe Grant Contract as provided by
Rule 9K-7.009(5), F.A.C.;
NOW THEREFORE, FCT and the RECIPIENT mutually agree as follows:
1. Notwithstanding the language of Article I, paragraph 1., the parties hereby agree to
revive the Grant Contract nunc pro tunc as though it had not lapsed in accordance with
paragraph 2, herein.
2. In every respect, this amendment is to be construed and applied as though the parties
had both signed it before May 16, 2006.
04-062-FF4
April 5, 2006
GCAMD.l
1
3. The Grant Contract by and between FeT and the Recipient is hereby extended until
August 31, 2006.
This Addendum I and the Grant Contract embody the entire agreement between the
parties. All other terms and conditions not specifically referenced in this agreement remain the
same and unchanged.
IN WITNESS WHEREOF, the parties hereto have duly executed this Addendum I.
By:
FLORIDA COMMUNITIES TRUST
By:
Print Na
Title:
Kimball Love, Division Director
Housing and Community Development
Date:
Date:
Approved as to Form and Legality:
Approved as to Form and Legality:
By:
Print Name:
By:
Kristen L. Coons, Trust Counsel
04-062-FF4
April 5, 2006
GCAMD.l
2
D!<
t11
FROM:
SUBJECT:
DAVID T. HARDEN, CITY MANAGER /J.!,.L 7vI~(
~A L DORLlNG, DIRECTOR OF PLANNING & ZONING r--
~ {L,,~
COTT ARONSON', PARKING MANAGEMENT SPECIALIST
MEETING OF MAY 2,2006 - CONSENT AGENDA
APPROVE A REQUEST TO EXTEND THE CLOSING HOURS OF THE
SANDOWAY PARKING LOT TO 12:00 MIDNIGHT ON FRIDAY, JUNE
23, 2006 TO ACCOMMODATE THE ATLANTIC HIGH SCHOOL, CLASS
OF 1976, THIRTY YEAR REUNION
TO:
THRU:
The Atlantic High School Class of 1976 has scheduled their thirty year reunion for
Friday, June 23, 2006 to be held at Boston's on The Beach.
The reunion is scheduled to begin at 7:00 PM and is anticipated to end at approximately
12:00 Midnight.
A request has been submitted to extend the closing time of the Sandoway Parking Lot
to 12:00 Midnight to accommodate parking for classmates and guests of the event.
The Development Services Management Group, at its meeting of April 20, 2006,
supported the applicant's request.
The Parking Management Advisory Board, at its meeting of April 25, 2006, unanimously
recommended approval of the applicant's request.
By motion, approve the request to extend the closing hours of the Sandoway Parking
Lot to 12:00 Midnight on June 23, 2006 to accommodate the Atlantic High School, Class
of 1976, Thirty Year Reunion.
<tS'~
~
!
DAVID T. HARpeN, CITX MANAGER
fr/~'---:tle~ -A
THRU: P~~ ~~\~LI~G, DIRECTOr( OF PLANNING & ZONING
FROM: ~TIARO~ARKING MANAGEMENT SPECIALIST
SUBJECT: MEETING OF MAY 2,2006 - CONSENT AGENDA
APPROVE THE RENEWAL OF A LICENSE AGREEMENT WITH PALM
BEACH COUNTY FOR THE USE OF THE SOUTH COUNTY
COURTHOUSE GARAGE ON THURSDAY, FRIDAY AND SATURDAY
NIGHTS AND SUNDAY AFTERNOONS
TO:
Pursuant to City Commission direction in 2005, the City and Palm Beach County (PBC) agreed
to allow the public to use the South County Courthouse Garage (the "Garage") on Thursday,
Friday and Saturday evenings between the hours of 5:00 PM and 3:00 AM. The agreement was
ratified on or about January 27, 2005, and has expired. The renewal will be effective April 27,
2006 and will expire on September 30, 2006 in conjunction with the expiration of our required
insurance certificate.
Due to a severe decrease in utilization during the summer months, operations were suspended.
and then reestablished in November of 2005. Utilization has been consistent (averaging over
200 cars per month) with elevated utilization seen during special events.
At the request of the Library, the garage has recently started opening on Sundays between the
hours of 12:30 and 5:30 PM to accommodate special programs. The staffing for these days is
paid for by the Community Redevelopment Agency.
Payment for staffing of the facility (by Parking Pros, Inc) is funded through account number
001.31.51.545.34.90 and budgeted annually in the amount of $18,000.00. To date $7,004.27
has been expended with a balance of $10.995.73 remaining.
Considering the significant utilization, staff recommends renewal of the license agreement with
PBC to utilize the South County Courthouse Garage.
The Parking Management Advisory Board, at its meeting of April 25, 2006, unanimously
recommended approval to renew the license agreement with PBC to utilize the South County
Courthouse Garage.
By motion, approve the renewal of the license agreement with PBC to utilize the South County
Courthouse Garage on Thursday, Friday and Saturday evenings and Sunday afternoons.
8\<-
LICENSE AGREEMENT
THIS LICENSE AGREEMENT, made and entered into this 20th day of April. 2006, by
and between PALM BEACH COUNTY, a political subdivision of the State of Florida,
hereinafter referred to as "County" and the City of Delray Beach, hereinafter referred to as
"Licensee" .
WITNESSETH:
WHEREAS, County is the owner of certain real property in Palm Beach County, Florida,
known as the South County Courthouse, as said property is legally described in Exhibit "A"
attached hereto and by reference made a part hereof (the "Property"); and
WHEREAS, Licensee desires to use the County owned parking facilities at the South
County Courthouse; and
.
WHEREAS, County is willing to grant Licensee a revocable license to use said Property
for the purposes hereinafter defined.
NOW THEREFORE, in consideration of the covenants and agreements hereinafter set
forth on the part of the Licensee to be observed and performed, the County hereby grants the
Licensee a revocable license to use the Premises as hereinafter defined upon the following terms
and conditions:
ARTICLE I
BASIC PROVISIONS
Section 1.01 Premises.
The Premises which are the subject of this Agreement consist of the County owned parking
garage at the South County Courthouse.
Section 1.02 Length of Term and Commencement Date.
The term of this Agreement shall be from Thursday, April 27, through Saturday, September 30,
2006 (the "Term"), unless sooner terminated pursuant to the provisions of this Agreement. The
specific hours of use shall be as follows:
from 5:00 p.m. each Thursday to 3:00 a.m. the following Friday;
from 5:00 p.m. each Friday, until 3:00 a.m. the following Saturday;
from 5:00 p.m. each Saturday until 3:00 a.m. the following Sunday;
from 12:00 noon until 6:00 p.m. each Sunday (operated on behalf of the Library).
1
ARTICLE II
LICENSE FEE
Section 2.01 License Fee.
Licensee shall be entitled to use the Premises without charge.
ARTICLE III
CONDUCT OF BUSINESS AND USE OF PREMISES BY LICENSEE
Section 3.01 Use of Premises and Hours of Operation.
Licensee shall use the Premises solely and exclusively for parking for overflow public parking for
downtown activities. Licensee shall not use, permit or suffer the use of the Premises for any other
business or purpose whatsoever. The use of the Premises by Licensee shall not interfere with
County's use of, access to and parking on the County's contiguous Property. Licensee hereby
agrees that all parking required by Licensee, its agents, employees, or invitees shall be
accommodated and confined to the Premises. Licensee, at its sole cost and expense, shall provide
all traffic control and enforcement necessary to ensure that Licensee's use of the Premises does
not interfere with County's use of its contiguous property and that there will be no entry or use of
any County building on the Property by the Licensee's agent, employees or invitees.
Licensee will not charge a fee for the use of parking.
Licensee acknowledges that while not a party of this Agreement, the County will only approve the
License if the Licensee's use does not interfere with, or is acceptable to the Delray Beach Public
Library.
Section 3.02 Licensee's Work.
Licensee shall make no further improvements, alterations or additions to the Premises without the
prior written consent of County. Licensee agrees and acknowledges that any such work performed
by Licensee whether pursuant to this Section or otherwise, is performed and accomplished solely
for the benefit and convenience of Licensee, and not for the benefit of County, such work being
nevertheless subject to each and every provision of this Agreement.
Section 3.03 Waste or Nuisance.
Licensee shall not commit or suffer to be committed any waste upon the Premises or any nuisance
or other act or thing which may result in damage or depreciation of value of the Premises or
which may affect County's fee interest in the Premises. Licensee shall not store or dispose any
contaminants including, but not limited to, hazardous or toxic substances, chemicals or other
2
agents, including any petroleum products, used or produced in Licensee's operations, on the
Premises or in any manner not permitted by law. All refuse is to be removed from the Premises
daily at Licensee's sole cost and expense. Licensee will keep the access to the Premises, the
parking areas, driveways and other contiguous areas to the Premises free and clear of obstruction.
Licensee, at its sole cost and expense, will keep the Premises free of rodents, vermin and other
pests.
Section 3.04 Governmental Regulations.
Licensee shall, at Licensee's sole cost and expense, secure any required permits and comply with
all regulations of all county, municipal, state, federal and other applicable governmental
authorities, now in force, or which may hereafter be in force, pertaining to Licensee or its use of
the Premises, and shall faithfully observe in the use of the Premises all municipal and county
ordinances and state and federal statutes now in force or which may hereafter be in force.
Licensee shall comply with all ecological requirements to operate its business on the Premises.
Licensee shall indemnify, defend and save County harmless from any and all penalties, fines,
costs, expenses, suits, claims, or damages resulting from Licensee's failure to perform its
obligations specified in this Section.
Section 3.05 Non-Discrimination.
Licensee shall assure and certify that it will comply with the Title IV of the Civil Rights Act of
1964, as amended, and Palm Beach County Resolution No. R92-13, and shall not discriminate
against any individual on the basis oftheir race, color, national origin, religion, ancestry, sex, age,
martial status, sexual orientation or disability with respect to any activity occurring on the
Premises.
Section 3.06 Surrender of Premises.
Upon expiration or earlier termination of Licensee's license to use the Premises, Licensee, at its
sole cost and expense, shall remove all of its improvements and personal property from the
Premises and shall surrender the Premises to the County in at least the same condition the
Premises were in as of the date of this Agreement.
ARTICLE IV
REPAIRS AND MAINTENANCE OF PREMISES
Section 4.01 Responsibility of County and Licensee.
County shall not be obligated or required to make or conduct any maintenance or repairs
whatsoever to the Premises. All portions of the Premises and all improvements erected on the
Premises shall be kept in good repair and condition by Licensee. Upon expiration or earlier
termination of this Agreement, Licensee shall deliver the Premises to County in good repair and
3
condition as specified herein. In the event of any damage to the Premises, County may complete
the necessary repairs and Licensee shall reimburse County for all expenses incurred by County in
doing so.
ARTICLE V
INSURANCE AND INDEMNITY
Section 5.01 Liability Insurance.
Licensee shall, during the entire Term hereof, keep in full force and effect General Liability
Insurance in an amount not less than ONE MILLION DOLLARS ($1,000,000) per occurrence
combined single limit bodily injury and property damage liability and Workers Compensation
insurance covering all employees in accordance with Chapter 440 Florida Statutes. The General
Liability policy shall include coverage for Premises - Operations, Contractual and Product
Liability, Independent Contractors, Contractual Liability and Broad Form Property Damage
Liability coverages.
Section 5.02 General Provisions.
Except for Workers Compensation, all insurance policies shall name the County as Additional
Insured. Such insurance shall be in an insurance company licensed to do business ins the State of
Florida and subject to the approval of the County's Risk Management Department. A Certificate
of Insurance evidencing such insurance coverage shall be provided to the County at least fifteen
(15) days prior to the Commencement Date, such Certificate indicating at least thirty (30) days
prior notice of cancellation or adverse material change in coverage.
In no event shall the limits of said insurance policies be considered as limiting the liability of
Licensee under this Lease. In the event that Licensee shall fail to obtain and maintain in full force
and effect any insurance coverage required to be obtained by Licensee under this Agreement,
County shall have the right of injunction, or County may immediately terminate this Agreement,
notwithstanding any provisions herein to the contrary. Notwithstanding the foregoing, Licensee
shall and does nevertheless indemnify, defend and hold County harmless from any loss or damage
incurred or suffered by County from Licensee's failure to maintain such insurance.
Section 5.03 Indemnification of County.
Licensee shall, to the extent permitted by law, indemnify, defend and save County harmless from
and against any and all claims, actions, damages, liability and expense in connection with: (i) loss
of life, personal injury and/or damage to or destruction of property arising from or out of any
occurrence in, upon or at the Premises; (ii) the occupancy or use by Licensee of the Premises or
any part thereof, or (iii) any act or omission of Licensee, its agents, contractors, employees or
invitees. In case County shall be made a party to any litigation commenced against Licensee or by
Licensee against any third party, then Licensee shall protect and hold County harmless and pay all
costs and attorney's fees incurred by County in connection with such litigation, and any appeals
4
thereof. Nothing contained herein shall be deemed a waiver ofthe City's sovereign immunities.
Section 5.04 Waiver by Licensee and Licensee's Insurers of Subrogation.
In the event of loss or damage to the Premises and/or any of Licensee's improvements, the
Licensee shall look solely to any insurance in its favor without making any claim against the
County, and the Licensee shall obtain and deliver to the County, from the insurer under each
policy of such insurance, an agreement whereby such insurer waives subrogation of any claim
against the County for loss or damage within the scope of the insurance, and the Licensee, for
itself and its insurers, waives all such insured claims against the County.
ARTICLE VI
UTILITIES
Licensee shall be solely responsible for and promptly pay directly to the utility or
other provider of such service all charges and assessments for water, gas, electricity, trash
collection and removal or any other utility used or consumed on the Premises.
ARTICLE VII
REVOCATION OF LICENSE
Section 7.01 Revocation of License.
Notwithstanding anything to the contrary contained herein, the rights granted to Licensee
hereunder amount only to a license to use the Premises, which license is expressly revocable by
County for any reason whatsoever upon notice to Licensee. Upon Licensee's receipt of notice from
County of the revocation of the license granted hereby, this Agreement shall terminate and County
shall be relieved of all further obligation hereunder accruing subsequent to the date of such
termination.
ARTICLE VIII
MISCELLANEOUS
Section 8.01 Entire Agreement.
This Agreement and any Exhibits attached hereto and forming a part thereof as if fully set forth
herein, constitute all agreements, conditions and understandings between County and Licensee
concerning the Premises. All representations, either oral or written, shall be deemed to be merged
into this Agreement. Except as herein otherwise provided, no subsequent alteration, waiver, change
or addition to this Agreement shall be binding upon County or Licensee unless reduced to writing
and signed by them.
5
Section 8.02 Notices.
Any consents, approvals and permissions by the County shall be effective and valid only if in
writing and any notice by either party to the other shall be in writing and shall be deemed
to be duly given only if mailed prepaid by certified mail return, receipt requested, addressed:
(a) If to the County at:
Access Manager
Electronic Services and Security Division
505 Banyan Blvd.
West Palm Beach, FL 33401
With a copy to:
(b) If to the Licensee at:
City of Delray Beach
Mayor Jeff Perlman
100 N.W. 1 st Avenue
Delray Beach, FL 33444
( c) If to the Library at:
Executive Director
De1ray Beach Public Library
29 SE Fourth Ave
Delray Beach., FL 33483
Section 8.03 Recording.
Licensee shall not record this Agreement, or any memorandum or short form thereof, without the
written consent and joinder of County.
Section 8.04 Waiver of Jury Trial.
The parties hereto waive trial by jury in connection with proceedings or counterclaims brought by
either of the parties hereto against the other, in connection with this Agreement.
Section 8.05 Governing Law and Venue.
This Agreement shall be governed by and interpreted according to the laws ofthe State of Florida
and venue shall be in Palm Beach County.
6
Section 8.06 Time of Essence.
Time is of the essence with respect to the performance of every provision of this Agreement in
which time of performance is a factor.
IN WITNESS WHEREOF, County and Licensee have executed this Agreement, or have
caused the same to be executed as of the day and year first above written.
WITNESS:
LICENSEE:
CITY OF DELRA Y BEACH
100 N.W. 1st Avenue
Delray Beach, Florida 33444
By:
Mayor Jeff Perlman
(Seal)
PALM BEACH COUNTY, FLORIDA, a
POLITICAL SUBDIVISION OF THE
STATE OF FLORIDA
WITNESS:
By:
Robert Weisman, County Administrator
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
APPROVED AT TO TERMS
AND CONDITIONS
By:
Assistant County Attorney
By:
Audrey Wolf, Director
Facilities Development & Operations
C:\DOCUMENTS AND SETTINGS\CEASTERLINGIMY DOCUMENTS\DOCUMENTSIPARKINGIDELRA Y BEACHlLICENSE AGR DELRA Y 042006.DOC
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MEMORANDUM
FROM:
MAYOR AND CIlY COMMISSIONERS
CIlY MANAGER e'fl,
AGENDA ITEM # -& L - REGULAR MEETING OF MAY 2,2006
FINAL PAYMENT I RAND OLPH & DEWDNEY CONSTRUCTION, INC.
TO:
SUBJECT:
DATE:
APRIL 28, 2006
This is before Commission to approve final payment in the amount of $32,697.97 to Randolph &
Dewdney Construction, Inc. for completion of the Fire Apparatus Maintenance Building Project.
Funding is available from 334-6111-519-62.10 (General Construction Fund/Buildings).
Recommend approval of final payment in the amount of $32,697.97 to Randolph & Dewdney
Construction, Inc. for completion of the Fire Apparatus Maintenance Building Project.
S:\City Clerk\agenda memos\Final Pymt Randolph Dewdney Fire Apparatus Bldg 050206
City Of Delray Beach
Department of Environmental Services
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TO:
DAVID T. HARDEN, CITY MANAGER
RAFAEL BALLESTERO, Deputy Director of Construction ~
FROM:
DATE: 20 APRIL 2006
SUBJECT: FIRE APPARATUS MAINTENANCE BUILDING (pIN 2002-022)
Agenda Request; Final Payment
Attached is an Agenda Request for City Commission to approve closeout final payment in the amount of
$32,697.97 to Randolph & Dewdney Construction, Inc. for having completed the construction of the Fire
Apparatus Maintenance Building (PIN 2002-022).The attached Schedule "A" itemized all quantity
adjustments and changes for the project.
The project is complete and all closeout documentation received. Staff recommends City Commission
approve Final payment in the amount of $32,697.97 to Randolph & Dewdney Construction, Inc. for
completion of the Fire Apparatus Maintenance Building project. A Contractor Evaluation is also attached.
Please place this item on the 2 May 2006 Commission meeting.
cc: Richard Hasko; Director of ESD
Rafael Ballestero; Dep. Director of Construction, ESD
City Clerk's Office
Agenda File 05/02/06
File 2002-022(A)
S:\EngAdmin\Projects\2002\2002-022\OFFICIAL\Agnd mem CO#! Fin GC 05.02.06.doc
...
PIN 2002-022
Fire Apparatus Maintenance Building
Schedule A
ITEM NO. ITEM DESCRIPTION UNIT UNIT PRICE
1.0 Clearing and Grubbing LS $3,000.00
----------- -------------- -- --------------- -- -------------------------.. ---------- -------------------
2.0 New Building LS $407,675.00
----------- ------------ -- -- ------------- -- ------------------------- --.. --------- ---..---------------
3.0 Aspha]t Pavement Repair / Restoration LS $4,000.00
----------- ------------ -- ------------- -- -- ----------------------- -- --.. ---------- -------------------
4.0 As-Built Drawings LS $500.00
----------- ------------ ----------------- -- --------------------- -- ----- ---------- -------------------
5.0. Contingency LS $20,000.00
----------- ------------ -- --------------- ------------------------- -- --- ---------- -------------------
6.0 Indemnification LS $10.00
------..---.. ........................----............-...---..................-......-...-...-------...----------...-..--.. -......................... .........-......--......---------
TOTAL Contract
TOTAL Change Order III
TOTAL Change Order 112
Randolph & De
nstruction, Inc.
To date
EXTENDED
PRICE
QNTY
Contract
EXTENDED
PRICE
QNTY
$3,000.00
$3,000.00
1.00
$407,675.00
$407,675,00
1.00
$4,000.00
$4,000.00
1.00
$500.00
$500.00
1.00
$20,000.00
$0.00
0.00
$10.00
$10.00
1.00
$435,185.00
$415,185.00
$217,208.30
$2] 7,208.30
1.00
$217,208.30
$217,208.30
$26,800.00
$26,800.00
1.00
$26,800.00
$26,800.00
Change Order #3 (Contract Addition)
CO#3.! Sawcut roof drain scuppers (lower height) to LS $997. 50 I $997.50 1.00 $997.50
compliment the roof insulation.
CO #3.2 Installation of new concrete aprons to east LS $6,612.50 I $6,6]2.50 1.00 $6,612.50
and west side of building; to accommodate
the height di fferential between the existing
grade and finish floor.
CO #3.3 Installation of new sanitary service; from LS $3,559.50 I $3,559.50 1.00 $3,559.50
new oil/water seperator to existing city
service (apprx. 35'), to include demo and
restoration of concrete and asphalt parking
areas.
TOTAL Change Order 113 $11,169.50 $11,169.50
.M'
h
Iscellaneous C anges
5.02 Install footers for future mezzanine LS $4,180.00
5.03 4' PYC gutter between old tire shop and new LS $525.00
b]dg,
5.04 Furnish and install dbl drs for future second LS $1,535.47
story mezzanine
S:\EngAdmin\Projects\2002\2002-022\CONSTRCT\Quantities R&D .xls
Page 1 of 2
0 $0.00 1.00 $4,180.00
0 $0.00 1.00 $525.00
0 $0.00 1.00 $1.535.47
"".
PIN 2002-022
Fire Apparatus Maintenance Building
Schedule A
5.05 Furnish and install stainless steel wash basin LS $5,515.00
in-leu of laundry tub.
5.06 Apply epoxy coating to bay floors. LS $8,773.60
5.07 Install 12 new roof drain assemblies and 4 LS $4,254.88
new overflow assemblies to Pompey Park
roof.
5.13 Rewire lighting circuits so as not to conflict LS $483.00
with emergency lighting circuit.
5.14 Pennanent key cores by CK's Lockshop; LS ($230.50)
reimbursable by contractor.
5.15 Install 4 bollards at the two south comers of LS $478.55
the building.
TOTAL Changes
0 $0.00 0.00 $0.00
0 $0.00 1.00 $8,773.60
0 $0.00 1.00 $4,254.88
0 $0.00 1.00 $483.00
0 ($230.50) 1.00 ($230.50)
0 $478.55 1.00 $478.55
$0.00 $20,000.00
TOTAL 10 DA TE
S:\EngAdmin\Projects\2002\2002-022\CONSTRCnQuantities R&D .xls
Page 2 of 2
$690,362.80
$690,362.80 I
Original Contract $435,185.00
Previous Changes $255,177.80
Contract approved to date $690,362.80
Actual Contract to date $690,362.80
Agenda Item NO.:~\......
AGENDA REQUEST
DATE: April 20, 2006
Request to be placed on:
~ Regular Agenda
_ Special Agenda
_ Workshop Agenda
When: May 2, 2006
Description of item (who, what, where, how much):
Request City Commission to approve Final payment in the amount of $32,697.97 to Randolph & Dewdney
Construction, Inc. for having completed the construction of the Fire Apparatus Maintenance Building (P/N
2002-022). All changes and quantity adjustments for the project are itemized on the attached Schedule
"A".
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Final payment in the amount of $32,697.97 to Randolph & Dewdney, Inc. for having
completed the construction of the Fire Apparatus Maintenance Building.
DepartmentHead~ JI /J .I_~I _ .v
Signature: ' ~ 11 '~ O-r
Determination of Consistency with Comprehensive
Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
Funding available Q 'O~
Funding alternativ~N (if applicaJ?,le /2 ~ D
Account No. & DeSCription See above I J - St. {p I
Account Balance See above
'V()5
Action:
Approved/Disapproved
S:\EngAdmin\Projects\2002\2002-022\OFFICIAL\Agnd req CO#I Fin GC 05.02.06.doc
MEMORANDUM
TO:
FROM:
MAYOR AND CI1Y COMMISSIONERS
CI1YMANAGERzlM
AGENDA ITEM # ~tJ\ - REGULAR MEETING OF MAY 2,2006
CHANGE ORDER NO. 1 (CONTRACT CLOSEOUT)/FINAL
PAYMENT /MEF CONSTRUCTION, INC.
SUBJECT:
DATE:
APRIL 28, 2006
1bis is before the Commission to approve Change Order No. 1 (Contract Closeout) in the net deduct
amount of $46,670.39 and final payment in the amount of $33,737.48 to MEF Construction, Inc. for
completion of the S.W. 12th Avenue, S.W. 11th Avenue, and S.W. 3td Street Infrastructure
Improvements Project.
Funding is available from 442-5178-536-65.97 (Water/Sewer Renewal & Replacement Fund/Other
Improvements/S.W. 12th Ave., S.W. 11th Ave., and S.W. 3td St.).
Recommend approval of Change Order No.1 (Contract Closeout) in the amount of a $46,670.39
decrease and final payment in the amount of $33,737.48 to MEF Construction, Inc. for completion of
the S.W. 12th Avenue, S.W. 11th Avenue, and S.W. 3td Street Infrastructure Improvements Project.
S:/City Clerk/agenda cover memos/CO 1 Final MEF 050206
City Of Delray Beach
Department of Environmental Services
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FROM:
DAVID T. HARDEN, City Manager
RAF AEL BALLESTERO, Deputy Director of Construction ~
SUBJECT: S.W.12TH AVENUE, S.W. 11TH AVENUE AND S.W. 3RD STREET
INFRASTRUCTURE IMPROVEMENTS (PIN 2003-053)
Agenda Request; Change Order #1/Final and Final Payment
TO:
DATE: APRIL 14,2006
Attached is an Agenda Request for City Commission to approve closeout Change Order #l/Final in the net
deduct amount of $46,670.39 and final payment in the amount of$33,737.48 to MEF Construction, Inc. for
having completed the construction of the S.W. 12TH Avenue, S.W. 11TH Avenue and S.W. 3rd Street
Infrastructure Improvements. 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 #l/Final.
The project is complete and all closeout documentation received. Staff recommends City Commission
approve Change Order #l/Final in the deduct amount of ($46,670.39) and final payment in the amount
of $33,737.48 to MEF Construction, Inc. for completion of the S.W. 12TH Avenue, S.W. 11TH Avenue and
S. W. 3rd Street Infrastructure Improvements project.
Residual funds to be liquidated from P.O.# 625233, account 442-5178-536-65.97, Water &Sewer Renewal
& Replacement Fund. A Contractor Evaluation is also attached.
Please place this item on the May 2, 2006 Commission meeting.
cc: Richard Hasko; Director of ESD
Rafael Ballestero; Dep. Director of Construction, ESD
City Clerk's Office
Agenda File 05/02/06
File 2003-053(A)
S:\EngAdmin\Projects\2003\2003-053\OFFICIAL\MEF Const Agd mem CO#l Fin GC 05.02.06.doc
CITY OF DELRA Y BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE NO.
1 / Final
PROJECT NO. 03-053
DATE:
PROJECT TITLE: S.W. 12th Avenue, S.W. nth Avenue And S.W. 3rd Street Infrastructure Improvements (pIN 2003-053)
TO CONTRACTOR: MEF Construction, Inc.
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR
THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND
COVENANTS.
JUSTIFICATION:
Complete changes to project per the attached schedule "A".
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER
COST OF CONSTRUCTION CHANGES THIS ORDER
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER
PER CENT DECREASE THIS CHANGE ORDER - 6.47 %
TOTAL PER CENT DECREASE TO DATE -6.47 %
$721,420.00
$0.00
$721,420.00
(-$46,670.39)
$674,749.61
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.
MEF Construction, Inc.
(Contractor to sign & seal)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Funding is available from accounts: 442-5178-536-65.97 (-$46,670.39).
DEPARTMENT
FUNDING
CERTIFIED BY
DELRA Y BEACH, FLORIDA by its City Commission
RECOMMEND:
By:
Environmental Services
Mayor
APPROVED:
ATTEST:
By:
City Attorney
City Clerk
S:\EngAdmin\Projects\2003\2003-053\OFFICIAL\MEF CO# 1 Fin GC 05.02.06.doc
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Agenda Item NO.:~
AGENDA REQUEST
DATE: April 14, 2006
Request to be placed on:
-L Regular Agenda
_ Special Agenda
_ Workshop Agenda
When: May 2, 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
(-$46,670.39), and final payment in the amount of $33,737.48 to MEF Construction, Inc. for having
completed the construction of the S.W. 12th Avenue, S.W. 11th Avenue And S.W. 3rd Street Infrastructure
Improvements (P/N 2003-053). 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 MEF
Construction, Inc. for having completed the construction of the S.W. 12th Avenue, S.W. 11th Avenue And
S.W. 3rd Street Infrastr u ~~mproveme:iants
Department Head J -7 F ~ 0 r_
Signature: V'D ~
Determination of Consistency with Comprehensive
Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
Funding available YES/NO
Funding alternatives
Account No. & Description
Account Balance
(if applicable)
See above
See above
City Manager Review: a:s::ll.'
Approved for agenda: &'10 rl1rJ1
Hold Until: (j' 1
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
S:\EngAdmin\Projects\2003\2003-053\OmCIAL\MEF Agnd req CO#l Fin GC 05.02.06.doc
MEMORANDUM
FROM:
MAYOR AND CITY ~~ISSIONERS
CITY MANAGER rJf ,
AGENDA ITEM # 1SN - REGULAR MEETING OF MAY 2. 2006
CHANGE ORDER NO. 1 (CONTRACT CLOSEOUT)/FINAL
PAYMENT /MEF CONSTRUCTION, INC.lHIGH POINT WATER MAIN
INTERCONNECT
TO:
SUBJECT:
DATE:
APRIL 28, 2006
This is before the Commission to approve Change Order No. 1 (Contract Closeout) in the net deduct
amount of $10,413.04 and final payment in the amount of $7,814.15 to MEF Construction, Inc. for
completion of the High Point Water Main Interconnect Project.
Funding is available from 442-5178-536-65.29 (Water/Sewer Renewal & Replacement Fund/High
Point Interconnect).
Recommend approval of Change Order No.1 (Contract Closeout) in the amount of a $10,413.04
decrease and final payment in the amount of $7,814.15 to MEF Construction, Inc. for completion of
the High Point Water Main Interconnect Project.
S:/City Clerk/agenda cover memos/CO 1 Final MEF High Point 050206
City Of Delray Beach
Department of Environmental Services
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TO:
DAVID T. HARDEN, City Manager
RAF AEL BALLESTERO, Deputy Director of Construction ~
FROM:
SUBJECT: HIGH POINT WATER MAIN INTERCONNECT (PIN 2004-015)
Agenda Request; Change Order #l/Final and Final Payment
DATE: APRIL 14,2006
Attached is an Agenda Request for City Commission to approve closeout Change Order #1/Final in the net
deduct amount of $10,413 .04 and final payment in the amount of $7,814.15 to MEF Construction, Inc.
for having completed the construction of the High Point Water Main Interconnect. 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 #l/FinaI.
The project is complete and all closeout documentation received. Staff recommends City Commission
approve Change Order #l/Final in the deduct amount of ($10,413.04) and final payment in the amount
of $7,814.15 to MEF Construction, Inc. for completion of the High Point Water Main Interconnect
project.
Residual funds to be liquidated from P.O. # 629230, account 442-5178-536-65.29, Water &Sewer Renewal
& Replacement Fund. A Contractor Evaluation is also attached.
Please place this item on the May 2,2006 Commission meeting.
cc: Richard Hasko; Director of ESD
Rafael Ballestero; Dep. Director of Construction, ESD
City Clerk's Office
Agenda File 05/02/06
File 2004-015(A)
S:\EngAdmin\Projects\2004\2004-0 15\OFFICIAL\MEF Const Agd mem CO# I Fin GC 05.02.06.doc
CHANGE NO.
PROJECT TITLE:
1 / Final
CITY OF DELRA Y BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
PROJECT NO. 04-015 DATE:
High Point Water Main Interconnect
TO CONTRACTOR: MEF Construction, Inc.
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR
THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND
COVENANTS.
JUSTIFICATION:
Complete changes to project per the attached schedule "A".
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER
COST OF CONSTRUCTION CHANGES THIS ORDER
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER
PER CENT DECREASE THIS CHANGE ORDER - 6.24 %
TOTAL PER CENT DECREASE TO DATE -6.24 %
$166,696.00
$0.00
$166,696.00
(-$10.413.04)
$156,282.96
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.
MEF Construction, Inc.
(Contractor to sign & seal)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Funding is available from accounts: 442-5178-536-65.29 (-$10,413.04).
DEPARTMENT
FUNDING
CERTIFIED BY
DELRA Y BEACH, FLORIDA by its City Commission
RECOMMEND:
By:
Environmental Services
Mayor
APPROVED:
ATTEST:
By:
City Attorney
City Clerk
S:\EngAdmin\Projects\2004\2004-015\OFFIClAL\MEF CO# 1 Fin GC 05.02.06.doc
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Agenda Item NO.~
AGENDA REQUEST
DATE: April 14, 2006
Request to be placed on:
~ Regular Agenda
_ Special Agenda
_ Workshop Agenda
When: May 2, 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
(-$10,413.04), and final payment in the amount of $7,814.15 to MEF Construction, Inc. for having
completed the construction of the High Point Water Main Interconnect (P/N 2004-015). All changes for
the project are itemized on the attached Schedule "A" to Change Order #1, Final.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends approval of Change Order #1 and final payment to MEF
Construction, Inc. for hav' completed the construction of the High Point Water Main Interconnect.
L/ -Zk - 04-
Department Head
Signature:
Determination of Consistency with Comprehensive
Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
Funding available YES/NO
Funding alternatives
Account No. & Description
Account Balance
(if applicable)
See above
See above
City Manager Review: Q rt1
Approved for agenda: &/NO (j,
Hold Until: ~,.'
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
S:\EngAdmin\Projects\2004\2004-0\5\OFFICIAL\MEF Agnd req CO#\ Fin GC 05.02.06.doc
MEMORANDUM
FROM:
MAYOR AND CI1Y COMMISSIONERS
CI1Y MANAGER m1
AGENDA ITEM # ~ 0
CHANGE ORDER NO.
EQUIPMENT, INC.
- REGULAR MEETING OF MAY 2, 2006
5 (CONTRACT ADDITION)/CHAZ
TO:
SUBJECT:
DATE:
APRIL 28, 2006
This is before Commission to approve Change Order No.5 (Contract Addition) in the amount of
$9,800.60 to Chaz Equipment Company, Inc. to the Swinton Avenue Beautification Project for the
application of "Tnemec" brand paint to the liquid chlorine bulk storage secondary containment area
in compliance with EP A (Environmental Protection Agency) standards.
Funding is available from 442-5178-536-64.45 (Water/Sewer Renewal & Replacement Fund/Gas
Chlorine Conversion).
Recommend approval of Change Order No.5 (Contract Addition) in the amount of $9,800.60 to
Chaz Equipment Company, Inc. to the Swinton Avenue Beautification Project for the application of
"Tnemec" brand paint to the liquid chlorine bulk storage secondary containment area.
S:\City Clerk\agenda memos\CO 5 CA Chaz Tnemec Paint 050206
City Of Delray Beach
Department of Environmental Services
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FROM:
David Harden
City Manager
Victor Majtenyi ~
Deputy Director of Public Utilities
TO:
SUBJECT:
SWINTON AVENUE BEAUTIFICATION PHASE II
PROJECT NO. 2001-054
Change Order No. 5/Contract Addition
DATE:
April 25, 2006
Attached is an agenda request for City Commission to approve Change Order #5 (Contract Addition) to
Chaz Equipment, Inc. in the net add amount of $9,800.60 for painting the liquid chlorine bulk storage
secondary containment enclosure at the Water Treatment Plant with "Tnemec" brand paint. The
"Tnemec" paint is in compliance with EP A standards whereas the paint specified for the interior walls per
the original scope of work is not. The change order includes the credit for deleting the original painting
and waterproofing work as well as additional concrete work in reconfiguring the containment area
footprint. The construction of the secondary containment enclosure was approved by City Commission on
October 11 Ib, 2005 as Change Order #1 to this contract.
Funding is available from account No. 442-5178-536-64.45, Water and Sewer Renewal & Replacement
Fundi Gas Chlorine Conversion, after a budget transfer.
cc: Richard Hasko, Director of ESD
Rafael Ballestero, Dep. Dir. of Construction
City Clerk's Office
Agenda File; 05/02106
Project File 2001-054 (A)
S:\EngAdmin\Projects\2001 \2001-054\CONSTRC1\C05 Chaz Agnd Mem 05.02.06.doc
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE NO.
PROJECT TITLE:
5 (Contract Addition) PROJECT NO. 2001-054
Swinton Avenue Beautification
DATE:
TO CONTRACTOR: Chaz Equipment Co., Inc.
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR
THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND
COVENANTS.
JUSTIFICATION:
Add the following scope of work to the contract:
Provide "Tnemec" paint, conforming to EPA standards, to the bulk liquid chlorine storage secondary containment
enclosure. The construction of a secondary containment enclosure at the Water Treatment Plant was approved by City
Commission on October 11, 2005.
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER
COST OF CONSTRUCTION CHANGES THIS ORDER
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER
PER CENT INCREASE THIS CHANGE ORDER 0.84%
TOTAL PER CENT INCREASE TO DATE 43.3%
$1,154,230.00
$490.321.25
$1,644,551.25
$9.800.60
$1,654,351.85
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.
Chaz Equipment Co., Inc.
(Contractor to sign & seal)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Funding is available from accounts: 441-5178-536-64.45 ($9,800.60), P.O. # 630757
DEPARTMENT
FUNDING
CERTIFIED BY
DELRA Y BEACH, FLORIDA by its City COlmnission
RECOMMEND:
By:
Environmental Services
Mayor
APPROVED:
ATTEST:
By:
City Attorney
City Clerk
S:\EngAdmin\Projects\2001 \2001-054\CONSTRCl\CO#5 Chaz 05.02.06.doc
City of Delray Beach WTP Containment Area
Change Order #5
Swinton Avenue Beautification (PIN 2001-054)
Schedule A
Item # Description QIy Total Total
1 Mobilization 1 LS S 1,000.00
2 Sawcut I Remove existing pavement 1 LS S 2,000.00
3 Relocate electrical service 1 LS S 2,500.00
3 Excavate for structure 1 LS S 3,120.00
4 Furnish and Install precast perimeterl grout Joints (per 1 LS S 14,700.00
attached Exhibit B)
5 Fine grade and compact subgradel pour 12" concrete 1 LS S 9,900.00
floor
5a Install 2 mats top and bottom of #5 bars, 12" DC EW 1 LS S 9,540.00
8 Waterproof Inside of structure walls 1 LS S 3,800.00
8a Paint inside of walls to match existing 1 LS S 2,840.00
7 Backfill walls 1 LS S 3,300.00
8 Patch pavement 1 LS S 5,000.00
9 Final cleanup I demobilization 1 LS S 2,200.00
TOTAL, Original C.O. #1 $ 59,500.00
Revisions
4CO Additional 2 precast sections I sawcuttlng for revised 11 LS S 3,190.80 I S 3,190.80
structure "footprint" (conc products Inv #1222)
- Additional labor equipment I restoration for " no charge, commensurate with S in original bid"
containment reconflgure due to Electrical conflict
Additional painting costs per City containment
eco requirements using proposal # 1 per Southland 1 LS S 12,350.00 S 12,350.00
proposal
8 Waterproof inside of structure walls -1 LS S 3,800.00 S (3,800.00)
e. Delete Contact Line Item for Painting -1 LS S 2,840.00 S (2,840.00)
3 Delete Contact Line Item for Electrical -1 LS TBD TBD
3CO Add amount for relocating conduit in containment 1 LS S 500.00 S 500.00
footprint I re-energize light pole
TOTAL, PROPOSED Change Order #5 $ 9,800.60
GRAND TOTAL W/REVISIONS $ 69,300.60
Agenda Item No.: m
AGENDA REQUEST
DATE: April 25, 2006
Request to be placed on:
~ Regular Agenda
Special Agenda
Workshop Agenda
WHEN: May 2, 2006
Description of item (who, what, where, how much):
Change Order #5 (Contract Addition) to the Swinton Avenue Beautification Project, PIN 2001-
054, in the net add amount of $9,800.60 to Chaz Equipment Co., Inc. for applying "Tnemec"
brand paint to the liquid chlorine bulk storage secondary containment area in compliance with
EPA standards.
Funding will be available from 442-5178-536-64.45, Water and Sewer Renewal & Replacement
Fund/ Gas Chlorine Conversion, after a budget transfer.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Approve Change Order #5 (Contract Addition) to Chaz Equipment Co.,
Inc. for the above ref"er, enced project. {2
Department Head ()~ a JJ.
Signature: ~ > fJLl ~ -ti:. _. 0'
Determination of Consistency with Comprehensive
Plan:
City Attorney ReviewlRecommendation (if applicable)
Budget Director Review (re, quired ~I~' s in Iving expenditure of funds):
~ --.), ~ ~'Sc=~
Funding available~NO f\f=l ~~pb
Funding alternatives (if applicable)
Account No. & Description See above
Account Balance See above
City Manager Review: /'.1:2.
Approved for agenda{~NO (j;f1f/'1
Hold Until: [,[I I
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
S:\EngAdmin\Projects\200 1 \200 1-054\CONSTRCT\Agnd req CO#5 Chaz 05.02.06.doc
Revised 5/2/06
CK
l1Iv(
DOWNTOWN MARKETING CO-OPERATIVE AGREEMENT
THIS AGREEMENT is made this
day of
,2006, by
and between the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF
DELRA Y BEACH (hereinafter referred to as the "CRA"), the DELRA Y BEACH
DOWNTOWN DEVELOPMENT AUTHORITY (hereinafter referred to as the "DDA"),
the GREATER DELRAY BEACH CHAMBER OF COMMENCE (hereinafter referred to
as the "Chamber"), and the CITY OF DELRAY BEACH (hereinafter referred to as the
"City") .
WIT N E SSE T H:
WHEREAS, the CRA is a Community Redevelopment Agency created pursuant
to Florida Statute Chapter 163 and has as its purpose the redevelopment of portions of
the City of Delray Beach located within its geographically designated redevelopment
area; and
WHEREAS, the DDA is a special taxing district created by special act of the
Legislature of the State of Florida and the DDA is responsible for the economic
development of the geographic area defined pursuant to its Charter; and
WHEREAS, the Chamber has as one of its primary missions the providing of
support to the economic community within Delray Beach; and
WHEREAS, the City is a Florida municipal corporation and has the home rule
power to enter into agreements as herein provided; and
WHEREAS, the current members of the Joint Venture, the CRA, DDA and
Chamber, which will become known as the Downtown Marketing Co-operative desire
the City to become a full/voting member; and
Q5~\o\o ~
~\J~ ~((Q(>>"\-\ ~4~ '6 P
WHEREAS, the City due to its relationship with other members of the Co-
operative are desirous of becoming a full member; and
WHEREAS, the area within the CBD Zoning District, OSSHAD Zoning District,
General Commercial Zoning District, and the Community Facility Zoning District running
from 1-95 to NW and SW First Avenues, along Atlantic Avenue to Ocean Boulevard
includes Pineapple Grove and NW/SW 5th Avenue and lies within, or as a part of, the
geographic areas which the parties hereto conduct their respective activity within; and
WHEREAS, the parties hereto have heretofore joined forces to develop and
administer as a Cooperative Program for downtown Delray Beach, and that they desire
such endeavor to continue as herein provided; and
WHEREAS, this agreement replaces all other previous agreements between the
parties as to the special events referenced in this agreement.
NOW, THEREFORE, in consideration of the mutual covenants and promises
herein contained, the parties agree as follows:
1. Recitals. The recitals set forth herein are hereby incorporated as if fully
set forth herein.
2. Name. The name of the Joint Venture shall be changed to the Downtown
Marketing Co-operative (hereinafter referred to as the "DMC").
3. Term. The term of this Agreement shall be from January 1, 2006 and
ending December 31, 2008, unless sooner terminated. The parties may extend the
Agreement by expressing a desire to do so in writing prior to the expiration of the
Agreement.
2
4. Board of Directors. Quorum. and Votina Reauirements. Each of the
parties hereto shall appoint delegates being (i) the Chairman of the Chamber of
Commerce or in his absence a Chamber Officer, (ii) the Chairman of the DDA or in his
absence the Vice Chairman, (iii) the Chairman of the CRA or in his absence the Vice
Chairman or First Vice Chairman, (iv) the President of the Chamber of Commerce, the
Executive Director of the CRA, and the City Manager or his designee. The Board,
which shall consist of six (6) members, shall have full authority and control to administer
the affairs of the DMC. A quorum for all meetings of the DMC shall require majority
attendance of the Board of Directors and all decisions with respect to the affairs of the
DMC shall be by unanimous vote of the Board of Directors.
5. Duties and ResDonsibilities of the DMC. The duties and responsibilities
of the DMC Board are included but not limited to the following:
(A) Approval of the Annual budget.
(B) Hiring and/or termination of the Executive Director.
(C) Approval of all expenditures.
(D) Approval of all contracts.
(E) Approval of all policies and procedures governing the Downtown
Marketing Co-operative.
(F) Strategic Planning.
(G) Setting and review of annual goals and objectives.
(H) Annual performance review of the Executive Director.
(I) Coordinating with the City and Old School Square regarding event
venues and logistics.
3
6. Staffina. The DMC agrees that its day-to-day affairs shall be
administered by a staff person to be known as the Executive Director. For employment
purposes, the Executive Director and other staff necessary to conduct the activities of
the DMC shall be deemed employees of the Chamber of Commerce and the Chamber
of Commerce will be responsible for all compensation, insurance, taxes and reporting
requirements relating to their employment. The DMC will reimburse the Chamber of
Commerce for salaries and benefits as herein provided.
7. Financial and Other SUDDort. The parties to this Agreement agree to
provide financial and other support to the DMC in support of the mission as follows:
(A) CRA - The CRA agrees to provide a cash contribution as agreed
upon in the annual budget process.
(B) DDA - The DDA agrees to provide a cash contribution as agreed
upon in the annual budget process.
(C) Chamber - The Chamber agrees to provide a cash contribution as
agreed upon in the annual budget process as well as in kind services to include
telephone, bookkeeping, secretarial, and computer services, as well as supplies, use of
other existing office equipment and other administrative support as may be needed.
(D) City - The City agrees to provide in kind services in support of
events sponsored by the DMC as well as those sponsored by the City and for which by
contract the DMC provides support.
(E) Old School Square is not a part of nor a member of the DMC but
shall provide the site for the Tree and Holiday Events and First Night as herein
8. Termination. Any party may terminate its participation upon giving sixty
(60) days written notice to the other parties; provided however, the party(ies) who
terminate(s) shall pay its prorata share of expenses incurred through the effective date
of termination; provided, however, Old School Square shall provide 360 days notice of
any termination.
9. Office Location. The DMC shall maintain its office for the period of this
Agreement at the offices of the Chamber of Commerce, 64 SE 5th Avenue, Delray
Beach, Florida.
10. Fireworks.
(A) The DMC agrees to be the named sponsor for the annual fireworks
display with the City's cooperation for the annual Fourth of July fireworks for the years
of 2006, 2007 and 2008.
(B) The fireworks display shall take place off the City's public beach or
at another location mutually acceptable to the parties.
(C) The DMC agrees to be responsible for soliciting of bids and
contracting for the fireworks show, barge rental and docking of barge, promotion,
advertising and public relations, contracts for entertainment and sound and lighting
systems, as may be needed, securing the services of volunteers if needed, and for fund
raising and obtaining sponsorship to cover the costs of the event. The contract for the
fireworks display shall state that the contractor has the responsibility to obtain all
necessary permits and approvals from all federal, state, and local governmental
agencies that have jurisdiction over a fireworks display offshore of the municipal beach,
5
and any other location. The City and the DMC agree to cooperate in order to insure
that the necessary permits and approvals are obtained.
(D) The DMC shall take all actions to insure that the contracted cost of
the fireworks display and other event costs do not exceed the amount of funds available
through sponsorships and the City's annual contributions.
(E) The DMC is responsible for the collection and deposit of all cash
contributions for the event, including, but not limited to the City's contribution. The
DMC agrees to make all payments to the fireworks contractor to include display and
barge costs, as well as all other costs associated with the event not paid for by the City.
(F) In addition to the promises set forth in Paragraph 6(0), the City will
make a minimum contribution of $45,000 in 2006, $47,000 in 2007 and $49,000 in 2008
to the DMC for the term of this Agreement, of which said funds may be used to offset
the costs of the Fourth of July Fireworks display. Any requested increases to this
amount will be considered during the Annual Operating Budget review.
(G) The DMC shall provide the City with a properly executed insurance
certificate obtained by the contractor no later than June 25th of each year of the
agreement which indicates that the fireworks contractor has general liability insurance in
the amount of $1,000,000.00 with the City, CRA, DDA, and Chamber of Commerce
and the DMC named as additional insured on the policies.
(H) The DMC shall also provide a properly executed indemnification
agreement, a copy of which is attached hereto as Exhibit "A" signed by the fireworks
contractor no later than June 25th of each year of the agreement.
6
(I) In addition to the foregoing, the City shall provide at its own
expense, the site of the event, crowd and traffic control, trash removal, portal ete ,
portable lighting, electrical hookups, and be responsible for the public safety operation
and coordination of the event at which the fireworks are displayed.
11. Art & Jazz on the Avenue and Similar Events.
(A) The DMC shall hold a minimum of six (6) "Art & Jazz on the
Avenue" events or events similar thereto each year.
(B) The duties and responsibilities of the City for these events is to
provide, at its own cost and expense except as modified in 11 (D), security and traffic
control assistance, provide trash removal and clean up assistance, set up of street
barricades, hang and remove light pole banners as required, provide EMS assistance
when necessary, and provide overall coordination and planning assistance as required.
(C) The duties and responsibilities of DMC for these events is to
provide, at its own expense, for fund raising and sponsorship, promotion, advertising and
public relations, contracts for entertainment and sound and lighting systems as may be
needed, secure the services of volunteers as needed, and provide the lead for
coordination and planning services for the events.
(D) As compensation for City services which includes stage rental as
well as overtime costs, the DMC will pay the City twenty percent (20%) of its costs over
One Thousand Dollars ($1,000) per event. The DMC also agrees to pay full costs of
any equipment the City is required to rent from a contract supplier to support the event.
7
(E) To the extent that the DMC enters into written contracts with a
contractor, DMC shall require the contractor to provide an indemnification as provided in
Exhibit "A" hereto.
12. Tree and Holidav Events.
(A) The City shall, at its own expense, store the tree; transport tree
storage containers to and from site, repair and maintain the tree and the accompanying
scenes and scene containers, prepare and restore tree site, facilities, property, and
equipment to the same condition as it existed on the date preceding the event
commencement, provide staff assistance for tree assembly and disassembly, assist in
installation of scene containers and scenes, provide overall coordination and planning
for tree installation and removal, provide restroom facilities for volunteers, workers, and
the public, replace tree and scene components as necessary and provide a cash
contribution of $25,000 to $50,000 per year based on budget availability for the cost to
assemble and disassemble the tree. The City is also responsible for hiring site security
which costs are to be shared by the DMC and Old School Square.
(B) The DMC, at DMC's own expense, shall be responsible for
fundraising and securing sponsorships to help offset costs associated with the tree.
The DMC is required to obtain City approval prior to adding any additional structures or
activities which would increase the City's maintenance, installation, repair, storage, and
liability costs. Further, the DMC is responsible for the promotion, advertising and public
relations. The DMC shall provide contract services for tree assembly and disassembly
to include steel erecting, electrical installation, and transport of tree frame to and from
site as necessary and agreed to secure the services of volunteers to assist in tree and
8
scene assembly and disassembly and in manning the tree when open. The DMC shall
also be responsible to plan, schedule, and coordinate the volunteer effort for assisting
the City with coordination and planning for tree installation and removal and to provide
security at tree site and appropriate cost sharing as approved by the City.
13. First Niaht.
(A) The City shall provide oversight for all aspects of the event,
prepare the budget, review all expense requests and contracts, deposit and keep a
record of all revenues, provide logistic support and staffing for traffic, security, cleanup
and trash removal and EMS assistance, provide barricades, signs, and installation of
same, provide clean-up and trash removal, provide up to $5,000 contribution, restore
the site, facilities, property and equipment to the same condition as it existed on the
date preceding the event commencement. The City shall hire part-time event staff as
may be needed and maintain the event license.
(B) The DMC shall provide office space, desk, telephone and
computer; provide planning and coordination assistance, assist in directing and
overseeing work of event coordinator, obtain volunteers and make event assignments
and obtain sponsorships, provide marketing and public relations services and provide
technical and planning assistance as needed.
14. Insurance. If the DMC enters into written contracts with a contractor, the
DMC shall require the contractor to provide insurance in amounts acceptable to the
DMC and to the City and contractor shall be required to name the City, CRA, DDA, the
Chamber of Commerce and Old School Square, if the Event is located on Old
School Square property, and the DMC as additional insureds.
9
15. ADDlicability of Sunshine Law. The parties hereto agree that the
conduct of the affairs of the DMC shall be in accordance with Florida Statute Chapter
286.011 governing the Sunshine Law and that the records of the DMC shall be deemed
Public Records pursuant to the Florida Statute Chapter 119 and administered
accordingly.
16. Authorization to Obtain Liability Insurance. The DMC is hereby
authorized, subject to budgeting funds therefore, to acquire such liability insurance as
its Board of Directors deem appropriate for the protection of the Directors and the
parties hereto.
17. Third Parties. Nothing in this Agreement, whether express or implied, is
intended to confer any rights or remedies under or by reason of this Agreement upon
any person other than the parties hereto and their respective heirs, successors, legal
representatives, and permitted assigns, nor is anything in this Agreement intended to
relieve or discharge the obligation or liability of any third persons to any party to this
Agreement, nor shall any provision thereof give any third person any right of
subrogation or action over or against any party to this Agreement
18. INTERPRET A liON.
This Agreement constitutes the entire Agreement between the parties with
respect to subject matter hereof and supersedes all prior verbal or written agreements
between the parties with respect thereto. This Agreement may be amended only by
written document, properly authorized, executed and delivered by both parties hereto.
This Agreement shall be interpreted as a whole unit and section headings are for
convenience only. All interpretations shall be governed by laws of the State of Florida.
10
Waiver of any breach shall not constitute waiver of any other breach. Invalidation of any
portion of this Agreement shall not automatically invalidate the entire Agreement.
19. Governina laws: venue. This agreement shall be governed by the laws
of the State of Florida. Venue for any proceeding arising out of this agreement shall be
in Palm Beach County, Florida.
20. Bindina Effect. All of the terms and provisions of this Agreement shall be
binding upon, inure to the benefit of, and be enforceable by, the parties hereto and their
respective heirs, successors, legal representatives, and permitted assigns.
21. Entire Aareement. This Agreement shall constitute the entire agreement
of the parties with respect to the subject matter of it. All prior understandings and
agreements between the parties with respect to such matters are merged into this
Agreement, which alone fully and completely expresses their understanding.
11
22. Amendments. This Agreement may not be amended, modified, altered,
or changed in any respect, except by a further agreement in writing duly executed by
each of the parties hereto.
ATTEST:
COMMUNITY REDEVELOPMENT AGENCY
Secretary
By:
Print Name:
Title:
(SEAL)
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this
day of
as
, 2006 by
of
corporation,
He/She is personally known to me or has produced
as identification.
on behalf of the corporation.
Notary Public - State of Florida
ATTEST:
DOWNTOWN DEVELOPMENT AUTHORITY
Secretary
By:
Print Name:
Title:
(SEAL)
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this day of
, 2006 by as
of corporation,
12
on behalf of the corporation. He/She is personally known to me or has produced
as identification.
Notary Public - State of Florida
Secretary
GREATER DELRA Y BEACH CHAMBER OF
COMMERCE
By:
Print Name:
Title:
ATTEST:
(SEAL)
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this
day of
as
, 2006 by
of
on behalf of the corporation.
corporation,
He/She is personally known to me or has produced
as identification.
Notary Public - State of Florida
City Clerk
CITY OF DELRA Y BEACH, FLORIDA
By:
Print Name: Jeff Perlman
Title: Mayor
ATTEST:
(Seal)
Approved as legal sufficiency and
Form:
By:
City Attorney
13
STATE OF FLORIDA
COUNTY OF PALM BEACH
day of
The foregoing instrument was acknowledged before me this
, 2006 by
of
on behalf of the corporation.
as
corporation,
He/She is personally known to me or has produced
as identification.
Notary Public - State of Florida
14
EXHIBIT "An
INDEMNIFICATION AND HOLD HARMLESS AGREEMENT
For and in consideration of the sum of ten dollars ($10.00) and other good and
valuable consideration, the undersigned contractor agrees as follows:
The Contractor shall indemnify, defend and save harmless to the extent of its
insurance coverage, the Downtown Marketing Cooperative (DMC) and its members and
the members' entities and Old School square, Inc., for events taking place on Old
School Square property, (herein known as the Indemnitees), their officers, agents, and
employees, from or on account of any claims, damages to person or property, received
or sustained by any person or persons during or on account of any action, activity or
inaction arising from, connected to or resulting from the work provided for this Project;
or by or inconsequent of any negligence in connection with the same; or by use of any
improper materials or by or on account of any use of any materials or by or on account
of any act or omission of the said Contractor or his subcontractors, agent, or servants or
employees. Contractor agrees to defend, indemnify and save harmless the
Indemnitees, their officers, agents and employees, against any liability arising from or
based upon the violation of any federal, state, county or city laws, by-laws, ordinances
or regulations by the Contractor, his subcontractors, agents, servants or employees.
Contractor further agrees to defend, indemnify and save harmless the Indemnitees,
their officers, agents, or employees from all such claims, fees, and from any and all
suits and actions for every name and description that may be brought against the
Indemnitees or their officers, agents or employees on account of any claims, fees,
royalties, or costs for any invention or patent, and from any and all suits and actions that
may be brought against the Indemnitees, their officers, agents or employees for the
infringement of any and all patents or patent rights claimed by any person, firm, or
corporation.
The indemnification provided above shall obligate the Contractor to defend, at his own
expense or to provide for such defense, at the Indemnitees' option, any and all claims or
liability and all suits and actions of every name and description that may be brought
against the Indemnitees, their officers, agents, or employees which may result from the
operations and activities under this Contract whether the work be performed by the
Contractor, his subcontractor or by anyone directly or indirectly employed by either.
This indemnification and hold harmless agreement includes all costs and fees including
attorney's fees and costs at trial and appellate levels.
Dated this _ day of
,2006.
Contractor
By:
Title:
15
0/<
[fY1
MYDELRAYBEACHCOM
City of Delray Beach
Administrative Services Memorandum
SUBJECT:
David T. Harden, City Manager
. t1JRobert A. Barcinski, Assistant City Manager
Agenda Item City Commission Meeting May 2, 2006 Approval
Revised Downtown Marketing Cooperative Agreement
TO:
FROM:
DATE:
April 25, 2006
ACTION:
City Commission is requested to approve the attached revised Downtown Marketing
Cooperative Agreement between the City, the Community Redevelopment Agency, the
Downtown Development Authority and the Chamber of Commerce.
BACKGROUND:
In January 2006 City Commission approved the original Downtown Marketing Cooperative
Agreement through which the City became a voting partner of this organization. However
additional agreements between the City and the Joint Venture for the Fourth of July,
Christmas Tree, First Night, and other Joint Venture sponsored events needed to be amended
to reflect the name change and the City's participation. After discussion with our City
Attorney and other Downtown Marketing Cooperative Board members it was agreed that we
should combine all previous agreements into one revised agreement. The major changes to
the revised agreement are as follows:
1. Fourth of July: Payments from the City to the Downtown Marketing Cooperative
are proposed to be $45,000 in 2006, $47,000 in 2007, and $49,000 in 2008 due to the
increase in the costs of the fireworks show. The City has previously paid $40,000 per
year.
2. Christmas Tree Security: The City would be responsible for hiring the security
company and would bill the Downtown Marketing Cooperative and Old School
Square for these costs. Under terms of previous contracts the Joint Venture hired the
security personnel.
RECOMMENDATION:
Staff recommends approval of the proposed revised Downtown Marketing Cooperative
Agreement between the City, Community Redevelopment Agency, Downtown Development
Authority and Chamber of Commerce contingent on approval of the other three (3) Boards.
RAB/tas
File:u:sweeney/agenda
Doc: Agenda Item for Revised DMC Agreement
ZP
Revised 4/25/06
DOWNTOWN MARKETING CO-OPERATIVE AGREEMENT
THIS AGREEMENT is made this day of , 2006, by
and between the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF
DELRA Y BEACH (hereinafter referred to as the "CRA"), the DELRA Y BEACH
DOWNTOWN DEVELOPMENT AUTHORITY (hereinafter referred to as the "DDA"),
the GREATER DELRA Y BEACH CHAMBER OF COMMENCE (hereinafter referred to
as the "Chamber"), and the CITY OF DELRA Y BEACH (hereinafter referred to as the
"City").
WIT N E SSE T H:
WHEREAS, the CRA is a Community Redevelopment Agency created pursuant
to Florida Statute Chapter 163 and has as its purpose the redevelopment of portions of
the City of Delray Beach located within its geographically designated redevelopment
area; and
WHEREAS, the DDA is a special taxing district created by special act of the
Legislature of the State of Florida and the DDA is responsible for the economic
development of the geographic area defined pursuant to its Charter; and
WHEREAS, the Chamber has as one of its primary missions the providing of
support to the economic community within Delray Beach; and
WHEREAS, the City is a Florida municipal corporation and has the home rule
power to enter into agreements as herein provided; and
WHEREAS, the current members of the Joint Venture, the CRA, DDA and
Chamber, which will become known as the Downtown Marketing Co-operative desire
the City to become a full/voting member; and
WHEREAS, the City due to its relationship with other members of the Co-
operative are desirous of becoming a full member; and
WHEREAS, the area within the CBD Zoning District, OSSHAD Zoning District,
General Commercial Zoning District, and the Community Facility Zoning District running
from 1-95 to NW and SW First Avenues, along Atlantic Avenue to Ocean Boulevard
includes Pineapple Grove and NW/SW 5th Avenue and lies within, or as a part of, the
geographic areas which the parties hereto conduct their respective activity within; and
WHEREAS, the parties hereto have heretofore joined forces to develop and
administer as a Cooperative Program for downtown Delray Beach, and that they desire
such endeavor to continue as herein provided; and
NOW, THEREFORE, in consideration of the mutual covenants and promises
herein contained, the parties agree as follows:
1. Recitals. The recitals set forth herein are hereby incorporated as if fully
set forth herein.
2. Name. The name of the Joint Venture shall be changed to the Downtown
Marketing Co-operative (hereinafter referred to as the "DMC").
3. Term. The term of this Agreement shall be from January 1, 2006 and
ending December 31, 2008, unless sooner terminated. The parties may extend the
2
Agreement by expressing a desire to do so in writing prior to the expiration of the
Agreement.
4. Board of Directors. Quorum. and Votina Reauirements. Each of the
parties hereto shall appoint delegates being (i) the Chairman of the Chamber of
Commerce or in his absence a Chamber Officer, (ii) the Chairman of the DDA or in his
absence the Vice Chairman, (iii) the Chairman of the CRA or in his absence the Vice
Chairman or First Vice Chairman, (iv) the President of the Chamber of Commerce, the
Executive Director of the CRA, and the City Manager or his designee. The Board,
which shall consist of six (6) members, shall have full authority and control to administer
the affairs of the DMC. A quorum for all meetings of the DMC shall require majority
attendance of the Board of Directors and all decisions with respect to the affairs of the
DMC shall be by unanimous vote of the Board of Directors.
5. Duties and Responsibilities of the DMC. The duties and responsibilities
of the DMC Board are included but not limited to the following:
(A) Approval of the Annual budget.
(B) Hiring and/or termination of the Executive Director.
(C) Approval of all expenditures.
(D) Approval of all contracts.
(E) Approval of all policies and procedures governing the Downtown
Marketing Co-operative.
(F) Strategic Planning.
(G) Setting and review of annual goals and objectives.
(H) Annual performance review of the Executive Director.
3
(I) Coordinating with the City and Old School Square regarding event
venues and logistics.
6.
Staffina.
The DMC agrees that its day-to-day affairs shall be
administered by a staff person to be known as the Executive Director. For employment
purposes, the Executive Director and other staff necessary to conduct the activities of
the DMC shall be deemed employees of the Chamber of Commerce and the Chamber
of Commerce will be responsible for all compensation, insurance, taxes and reporting
requirements relating to their employment. The DMC will reimburse the Chamber of
Commerce for salaries and benefits as herein provided.
7. Financial and Other Support. The parties to this Agreement agree to
provide financial and other support to the DMC in support of the mission as follows:
(A) CRA - The CRA agrees to provide a cash contribution as agreed
upon in the annual budget process.
(B) DDA - The DDA agrees to provide a cash contribution as agreed
upon in the annual budget process.
(C) Chamber - The Chamber agrees to provide a cash contribution as
agreed upon in the annual budget process as well as in kind services to include
telephone, bookkeeping, secretarial, and computer services, as well as supplies, use of
other existing office equipment and other administrative support as may be needed.
(D) City - The City agrees to provide in kind services in support of
events sponsored by the DMC as well as those sponsored by the City and for which by
contract the DMC provides support.
4
(E) Old School Square is not a part of nor a member of the DMC but
shall provide the site for the Tree and Holiday Events and First Night as herein
provided.
8. Termination. Any party may terminate its participation upon giving sixty
(60) days written notice to the other parties; provided however, the party(ies) who
terminate(s) shall pay its prorata share of expenses incurred through the effective date
of termination; provided, however, Old School Square shall provide 360 days notice of
any termination.
9. Office Location. The DMC shall maintain its office for the period of this
Agreement at the offices of the Chamber of Commerce, 64 SE 5th Avenue, Delray
Beach, Florida.
10. Fireworks.
(A) The DMC agrees to be the named sponsor for the annual fireworks
display with the City's cooperation for the annual Fourth of July fireworks for the years
of 2006, 2007 and 2008.
(B) The fireworks display shall take place off the City's public beach or
at another location mutually acceptable to the parties.
(C) The DMC agrees to be responsible for soliciting of bids and
contracting for the fireworks show, barge rental and . docking of barge, promotion,
advertising and public relations, contracts for entertainment and sound and lighting
systems, as may be needed, securing the services of volunteers if needed, and for fund
raising and obtaining sponsorship to cover the costs of the event. The contract for the
5
fireworks display shall state that the contractor has the responsibility to obtain all
necessary permits and approvals from all federal, state, and local governmental
agencies that have jurisdiction over a fireworks display offshore of the municipal beach,
and any other location. The City and the OMC agree to cooperate in order to insure
that the necessary permits and approvals are obtained.
(0) The OMC shall take all actions to insure that the contracted cost of
the fireworks display and other event costs do not exceed the amount of funds available
through sponsorships and the City's annual contributions.
(E) The OMC is responsible for the collection and deposit of all cash
contributions for the event, including, but not limited to the City's contribution. The
OMC agrees to make all payments to the fireworks contractor to include display and
barge costs, as well as all other costs associated with the event not paid for by the City.
(F) In addition to the promises set forth in Paragraph 6(0), the City will
make a minimum contribution of $45,000 in 2006, $47,000 in 2007 and $49,000 in 2008
to the OMC for the term of this Agreement, of which said funds may be used to offset
the costs of the Fourth of July Fireworks display. Any requested increases to this
amount will be considered during the Annual Operating Budget review.
(G) The OMC shall provide the City with a properly executed insurance
certificate obtained by the contractor no later than June 25th of each year of the
agreement which indicates that the fireworks contractor has general liability insurance in
the amount of $1,000,000.00 with the City, CRA, DDA, and Chamber of Commerce
and the OMC named as additional insured on the policies.
6
(H) The OMC shall also provide a properly executed indemnification
agreement, a copy of which is attached hereto as Exhibit "A" signed by the fireworks
contractor no later than June 25th of each year of the agreement.
(I) In addition to the foregoing, the City shall provide at its own
expense, the site of the event, crowd and traffic control, trash removal, portalete,
portable lighting, electrical hookups, and be responsible for the public safety operation
and coordination of the event at which the fireworks are displayed.
11. Art & Jazz on the Avenue and Similar Events.
(A) The OMC shall hold a minimum of six (6) "Art & Jazz on the
Avenue" events or events similar thereto each year.
(8) The duties and responsibilities of the City for these events is to
provide, at its own cost and expense except as modified in 11 (0), security and traffic
control assistance, provide trash removal and clean up assistance, set up of street
barricades, hang and remove light pole banners as required, provide EMS assistance
when necessary, and provide overall coordination and planning assistance as required.
(C) The duties and responsibilities of OMC for these events is to
provide, at its own expense, for fundraising and sponsorship, promotion, advertising and
public relations, contracts for entertainment and sound and lighting systems as may be
needed, secure the services of volunteers as needed, and provide the lead for
coordination and planning services for the events.
(0) As compensation for City services which includes stage rental as
well as overtime costs, the OMC will pay the City twenty percent (20%) of its costs over
7
One Thousand Dollars ($1,000) per event. The DMC also agrees to pay full costs of
any equipment the City is required to rent from a contract supplier to support the event.
(E) To the extent that the DMC enters into written contracts with a
contractor, DMC shall require the contractor to provide an indemnification as provided in
Exhibit "A" hereto.
12. Tree and Holidav Events.
(A) The City shall, at its own expense, store the tree; transport tree
storage containers to and from site, repair and maintain the tree and the accompanying
scenes and scene containers, prepare and restore tree site, facilities, property, and
equipment to the same condition as it existed on the date preceding the event
commencement, provide staff assistance for tree assembly and disassembly, assist in
installation of scene containers and scenes, provide overall coordination and planning
for tree installation and removal, provide restroom facilities for volunteers, workers, and
the public, replace tree and scene components as necessary and provide a cash
contribution of $25,000 to $50,000 per year based on budget availability for the cost to
assemble and disassemble the tree. The City is also responsible for hiring site security
which costs are to be shared by the DMC and Old School Square.
(8) The DMC, at DMC's own expense, shall be responsible for
fund raising and securing sponsorships to help offset costs associated with the tree.
The DMC is required to obtain City approval prior to adding any additional structures or
activities which would increase the City's maintenance, installation, repair, storage, and
liability costs. Further, the DMC is responsible for the promotion, advertising and public
8
relations. The DMC shall provide contract services for tree assembly and disassembly
to include steel erecting, electrical installation, and transport of tree frame to and from
site as necessary and agreed to secure the services of volunteers to assist in tree and
scene assembly and disassembly and in manning the tree when open. The DMC shall
also be responsible to plan, schedule, and coordinate the volunteer effort for assisting
the City with coordination and planning for tree installation and removal and to provide
security at tree site and appropriate cost sharing as approved by the City.
13. First Niaht.
(A) The City shall provide oversight for all aspects of the event,
prepare the budget, review all expense requests and contracts, deposit and keep a
record of all revenues, provide logistic support and staffing for traffic, security, cleanup
and trash removal and EMS assistance, provide barricades, signs, and installation of
same, provide clean-up and trash removal, provide up to $5,000 contribution, restore
the site, facilities, property and equipment to the same condition as it existed on the
date preceding the event commencement. The City shall hire part-time event staff as
may be needed and maintain the event license.
(B) The DMC shall provide office space, desk, telephone and
computer; provide planning and coordination assistance, assist in directing and
overseeing work of event coordinator, obtain volunteers and make event assignments
and obtain sponsorships, provide marketing and public relations services and provide
technical and planning assistance as needed.
9
14. Insurance. If the DMC enters into written contracts with a contractor, the
DMC shall require the contractor to provide insurance in amounts acceptable to the
DMC and to the City and contractor shall be required to name the City, CRA, DDA, the
Chamber of Commerce and Old School Square, if the Event is located on Old
School Square property, and the DMC as additional insureds.
15. Applicability of Sunshine Law. The parties hereto agree that the
conduct of the affairs of the DMC shall be in accordance with Florida Statute Chapter
286.011 governing the Sunshine Law and that the records of the DMC shall be deemed
Public Records pursuant to the Florida Statute Chapter 119 and administered
accordingly.
16. Authorization to Obtain Liability Insurance. The DMC is hereby
authorized, subject to budgeting funds therefore, to acquire such liability insurance as
its Board of Directors deem appropriate for the protection of the Directors and the
parties hereto.
17. Third Parties. Nothing in this Agreement, whether express or implied, is
intended to confer any rights or remedies under or by reason of this Agreement upon
any person other than the parties hereto and their respective heirs, successors, legal
representatives, and permitted assigns, nor is anything in this Agreement intended to
relieve or discharge the obligation or liability of any third persons to any party to this
Agreement, nor shall any provision thereof give any third person any right of
subrogation or action over or against any party to this Agreement
18. INTERPRETATION.
10
This Agreement constitutes the entire Agreement between the parties with
respect to subject matter hereof and supersedes all prior verbal or written agreements
between the parties with respect thereto. This Agreement may be amended only by
written document, properly authorized, executed and delivered by both parties hereto.
This Agreement shall be interpreted as a whole unit and section headings are for
convenience only. All interpretations shall be governed by laws of the State of Florida.
Waiver of any breach shall not constitute waiver of any other breach. Invalidation of any
portion of this Agreement shall not automatically invalidate the entire Agreement.
19. Governina laws: venue. This agreement shall be governed by the laws
of the State of Florida. Venue for any proceeding arising out of this agreement shall be
in Palm Beach County, Florida.
20. Bindina Effect. All of the terms and provisions of this Agreement shall be
binding upon, inure to the benefit of, and be enforceable by, the parties hereto and their
respective heirs, successors, legal representatives, and permitted assigns.
21. Entire Aareement. This Agreement shall constitute the entire agreement
of the parties with respect to the subject matter of it. All prior understandings and
agreements between the parties with respect to such matters are merged into this
Agreement, which alone fully and completely expresses their understanding.
11
22. Amendments. This Agreement may not be amended, modified, altered,
or changed in any respect, except by a further agreement in writing duly executed by
each of the parties hereto.
ATTEST:
COMMUNITY REDEVELOPMENT AGENCY
Secretary
By:
Print Name:
Title:
(SEAL)
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this
day of
, 2006 by
of
as
corporation,
He/She is personally known to me or has produced
as identification.
on behalf of the corporation.
Notary Public - State of Florida
ATTEST:
DOWNTOWN DEVELOPMENT AUTHORITY
Secretary
By:
Print Name:
Title:
(SEAL)
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this
, 2006 by
day of
as
12
of corporation,
on behalf of the corporation. He/She is personally known to me or has produced
as identification.
Notary Public - State of Florida
ATTEST:
GREATER DELRA Y BEACH CHAMBER OF
COMMERCE
Secretary
By:
Print Name:
Title:
(SEAL)
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this
day of
, 2006 by
of
as
corporation,
He/She is personally known to me or has produced
as identification.
on behalf of the corporation.
Notary Public - State of Florida
ATTEST:
City Clerk
CITY OF DELRA Y BEACH, FLORIDA
By:
Print Name: Jeff Perlman
Title: Mayor
(Seal)
Approved as legal sufficiency and
Form:
By:
City Attorney
13
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this
day of
, 2006 by
of
as
corporation,
He/She is personally known to me or has produced
as identification.
on behalf of the corporation.
Notary Public - State of Florida
14
Revised 4/25/06
EXHIBIT "A"
INDEMNIFICATION AND HOLD HARMLESS AGREEMENT
For and in consideration of the sum of ten dollars ($10.00) and other good and
valuable consideration, the undersigned contractor agrees as follows:
The Contractor shall indemnify, defend and save harmless to the extent of its
insurance coverage, the Downtown Marketing Cooperative (DMC) and its members and
the members' entities and Old School square, Inc., for events taking place on Old
School Square property, (herein known as the Indemnitees), their officers, agents, and
employees, from or on account of any claims, damages to person or property, received
or sustained by any person or persons during or on account of any action, activity or
inaction arising from, connected to or resulting from the work provided for this Project;
or by or inconsequent of any negligence in connection with the same; or by use of any
improper materials or by or on account of any use of any materials or by or on account
of any act or omission of the said Contractor or his subcontractors, agent, or servants or
employees. Contractor agrees to defend, indemnify and save harmless the
Indemnitees, their officers, agents and employees, against any liability arising from or
based upon the violation of any federal, state, county or city laws, by-laws, ordinances
or regulations by the Contractor, his subcontractors, agents, servants or employees.
Contractor further agrees to defend, indemnify and save harmless the Indemnitees,
their officers, agents, or employees from all such claims, fees, and from any and all
suits and actions for every name and description that may be brought against the
Indemnitees or their officers, agents or employees on account of any claims, fees,
royalties, or costs for any invention or patent, and from any and all suits and actions that
may be brought against the Indemnitees, their officers, agents or employees for the
infringement of any and all patents or patent rights claimed by any person, firm, or
corporation.
The indemnification provided above shall obligate the Contractor to defend, at his own
expense or to provide for such defense, at the Indemnitees' option, any and all claims or
liability and all suits and actions of every name and description that may be brought
against the Indemnitees, their officers, agents, or employees which may result from the
operations and activities under this Contract whether the work be performed by the
Contractor, his subcontractor or by anyone directly or indirectly employed by either.
This indemnification and hold harmless agreement includes all costs and fees including
attorney's fees and costs at trial and appellate levels.
Dated this _ day of
,2006.
Contractor
By:
Title:
[ITY DF DElRAY BEA[H
CITY ATTORNEY'S OFFICE
:'OIJ NW 1,[ AVE!'\l Ie' II! i RAY BEACH, FLORIDA 33444
TLLLP!-JO\1E: .'ihl/~-n-7!)t)(J' FACSIMILE: 561/278-4755
WRITER'S DIRECT LINE 561/243-7090
DELRAY BEACH
F lOR I D ^
lIad
AII.America City
, 1111 ' DATE:
@ TO.
MEMORANDUM
April 24, 2006
City Commission
David T. Harden, City Manager
rrh
1993
2001
FROM:
Terrill Barton, Assistant City Attorney
SUBJECT: Authorization to Foreclose Our Code Enforcement Liens on 700
Avenue Chaumont Chatelaine
Our code enforcement liens on the above-referenced property total $18,900.00.
These liens were filed due to violations of the City's code pertaining to yards and
landscape areas. The violations were cited in May of 2004 and a $100 per day
fine was imposed until it was capped after 188 days and Iiened in the amount of
$18,800.00 plus $100.00 costs in January, 2006. The Code Enforcement Board
requested that our office look into foreclosing on the liens at their February 28,
2006 code enforcement meeting. The property is not homesteaded as it is held in
the name of the Estate of Delores Bell and we have performed a title search on
. the property, which shows that there is no probate information for Ms. Bell on file
and there is no forwarding address. We even contacted the Property Appraiser's
Office to determine when the property was transferred from Delores Bell to the
Estate of Delores Bell and we were told that the change took place sometime in
2001, but the Property Appraiser was not given the name of any representative of
the Estate and has no address other than the property address itself. There is no
mortgage and are no other lienholders claiming any interest in the property other
than two (2) companies that hold tax certificates for unpaid taxes for the years
2003 and 2004.
Foreclosure by any party other than a Tax Sale Certificate holder shall not
extinguish the lien of the Tax Sale Certificate. The lien evidenced by a Tax Sale
Certificate is superior to all other liens and as such would remain on the property,
See, 9 197.502, Fla. Stat. Currently, there is no application for tax deed sale.
Therefore, we can foreclose on the property and we will likely be successful in
obtaining a foreclosure judgment so that once the property is offered for auction at
the foreclosure sale, our liens will likely be paid in full and the highest bidder will
then own the property and be responsible for paying the taxes and/or redeeming
the outstanding tax certificates on the property.
~Q
Please place this item on the May 2, 2006 City Commission agenda and let me
know if you have any questions.
TCB:smk
cc: Chevelle Nubin, City Clerk
t:I<
~~~
[ITY DF DElRAY BEA[H
CITY ATTORNEY'S OFFICE
'ill! '-:W 1,[ ,WLf"i f ' i 1 R.\Y BEACH. FLORIDA 33444
II'I!( )\ F ~h f 'i I' fACSIMILE: 561/278-4755
WRITER'S DIRECT LINE 561/243-7090
DELRAY BEACH
f LOR I D A
lIad
;1I1"Am1er1ica1c; DATE
@ TO.
MEMORANDUM
April 24, 2006
City Commission
David T. Harden, City Manager
rfh
1993
2001
FROM:
Terrill Barton, Assistant City Attorney
SUBJECT: Authorization to Participate in Class Action Regarding Starwood
Hotels (includinq Sheraton and Westin Resorts)
We are requesting authorization to participate in a class action lawsuit. The class
action alleges breach of contract for failure to notify guests at the time of making
reservations that a "resort fee", "facility fee" and/or "convenience fee" would be
imposed at participating Starwood Hotels (Sheratontwestin Hotels) between May
1, 1996 and November 21, 2005. We stayed at the participating resorts
approximately 65 times during the 9 year period covered by the lawsuit, however,
we are unable to determine for certain if we were charged a fee for each stay. The
lawsuit settlement would entitle the City to two (2) certificates in the amount of
approximately $8.00 each for each time a "resort fee" was paid and it appears that
we will automatically be included in the lawsuit unless we "opt out" by May 2,
2006.
Please place this item on the next available City Commission agenda for
consideration. If you have any questions, please do not hesitate to contact me.
TCB:smk
cc: Chevelle Nubin, City Clerk
~(Z.
11
RESOLUTION NO. 26-06
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRA Y BEACH, FLORIDA, SUPPORTING LAKE WORTH
DRAINAGE DISTRICT'S REQUEST OF TWO (2) MILLION
DOlLARS FROM THE FLORIDA LEGISLATURE FOR THE L-
40 BERM ENHANCEMENT PROJECT.
WHEREAS, Lake Worth Drainage District (LWDD) is requesting two (2) million dollars
from the Florida Legislature for a feasibility study, design, and permitting for the L-40 Berm
Enhancement project; and
WHEREAS, the implementation of the project will enhance the availability of our public
water supply by providing ground water recharging with regular and reliable frequency; and
WHEREAS, the Loxahatchee National Wildlife Refuge (WCA 1) is the primary source for
regional water supply for 750,000 residents in central and southeastern Palm Beach County and
Northern Broward County; and
WHEREAS, with the L-40 Berm extension, Lake Okeechobee water can be diverted to
LWDD and North Broward County during low water times to meet water supply needs without
compromising water quality in the interior marsh of WCA 1; and
WHEREAS, the L-40 Berm extension would protect the WCA 1 interior marsh from
undesired marsh draw downs during low water events.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being
true and correct and are hereby made a specific part of this Resolution upon its adoption.
Section 2. That the City supports the LWDD request for 2 million dollars from the
Florida Legislature for the L-40 Berm Enhancement Project.
PASSED AND ADOPTED this
day of
, 2006.
ArrEST:
MAYOR
City Clerk
~s
L-40 Berm Enhancement Project
Request:
· Lake Worth Drainage District is requesting 2 million dollars from the Florida
Legislature for a feasibility study, design and permitting for the L-40 Berm
Enhancement project.
Fact:
· The Loxahatchee National Wildlife Refuge (WCA 1) is the primary source for
regional water supply for 750,000 residents in central & southeastern Palm Beach
County and Northern Broward County.
Problem:
· WCA 1 depends on STA IW and STA IE for water supply deliveries that meet
State water quality standards prior to releasing water for regional water supply
needs.
· STA's are not always reliable for clean water deliveries due to regulation
schedule requirements, damage from hurricanes, maintenance and nesting of
migratory birds.
Benefits:
· With the L-40 berm extension, Lake Okeechobee water can be diverted to L WDD
and North Broward County during low water times to meet water supply needs
without compromising water quality in the interior marsh ofWCA 1.
· By diverting excess water from Lake Okeechobee to the L WDD and North
Broward canal networks, damaging diversions to the St. Lucie and Calooshatchee
Rivers can be reduced.
· The L-40 Berm extension would protect the WCA 1 interior marsh from
undesired marsh draw downs during low water events.
· Would allow for STA's to be taken offline for maintenance without jeopardizing
water supply deliveries.
~
~
~
:::t-.
~
~
G-94A
+4' "
I
I
h
/
ICS-1M
+8.5'
, \ , 'PropoI8d L-40 Berm ~
WaIwr'_Iy~
. Saurca: ~ NatIanaI WlIdIiftI AlfuJe (WCA-l)
. Saurw c-M or Hnllbaro c.IfliI (I.lM~)
I +8.!I'I'" LIft 18 MIIIn1aIn (ftI a-tioIII
ea Prlllll Agriai1IraI Land
[!] ~rW.r(ar.pvnllllt)
D StorIlwata'TrwatmIIlt ArIa l-Eart(STA-lE)
LAKE WORTH DRAINAGE DISTRICT
,
'.
LWDD was established in 1915
LWDD covers 218 square miles in
Central and Southeast Palm
Beach County
LWDD maintains 511 miles of
Canals
LWDD has a 61 BGY
Consumptive use permit
Numerous municipal well fields
depend on LWDD for aquifer
recharge (deliveries to 750,000
residents)
15,000 +/- acres of prime
agricultural land depend on
LWDD for irrigation
60% of LWDD's water supply
comes from Loxahatchee
National WildlifeRefuge (WCA 1)
40% of LWDD's water supply
comes from C-51 or Hillsboro
Canal (ultimately from Lake
Okeechobee)
WCA 1 depends on STA 1W &
ST A 1 E for water supply
deliveries that meet state water
quality standards prior to
releasing water for regional water
supply needs.
STA's are not always reliable for
clean water deliveries, due to
regulation schedule and damage
from hurricanes & nesting
migratory birds
STA's were not designed to clean
water for water supply deliveries.
CommunHy Budget Issue Requ
System - Detail Report for Represent".. 'e Richard Ma... ?age I of 2
ProJect Tracking #: 2866 Date: 0l113/20( 5
1. Pr~ject Title: L-40 Bern Extension
2. Sponsors: . Machek (H-7R) SM. ~,,~
3. What statewide interest does this project address as it relates to Chapter 216.052(1)?
4. Reque..liter: William Winters
Alternative water supply, water quality benefits. Redirects water from OFW and EPA
Organization of Requester: Lake Worth
Drainage
5. Recipient:
Name: South Florida Water
Management District
City: West Palm Beach
Counties: Palm Beach
Gov't Entity: Xu Private Organization (ProfitINot for Profit):
6. Contact:
Name: William Winters
Zip Code: 33411
Street: 304 Gun Club Rd
Phone#: (561)737-3835
email:
7. Project Description: (Include services to be provided.) Extend the internal bem of the
LAO perimeter within water conservation areal in Palm Beach County
8. Is this a project related to a federal or state declared disaster? Yes
8a. If yes, which declared disaster?
8b. If yes, what year?
9. Measurable Outcome Anticipated: Protect interioe marsh system of Loxahatchee
National Wildlife Refuge from water discharges from Lake Okeechobee meeting water
quality requirements in order to provide Palm Beach County with water supply
10. Amount you are requesting from the State for this pro,iect tbis year:
Amount: $2,000,000
14. Was this pr~jed previously funded hy the State?
]40. If yes, 1110st recent Fiscal Year:
15. Is future year funding Jikel:y to be requested?
15a. If yes, amount: $18,000,000
I5h. Purpose for future year funding:
Recurring Operations
Other
16. WiII this be an annual request?
17. Was this project included in an Agency's Budget
Request?
17a. If yes, name the Agency:
18. "Vas this project Included in the Governor's
Recommended Budget?
19. Is there a documented need for tbis pro,icet? Yes No X.
19a. Jfyes, what is the documentation? (e.g. LRPP, Agency Needs Assessment, etc.)
20. Was this project request heard hefore a puhlicly-noticed meeting of a body of elected officials (municip ll,
county, or state)?
11. Total Cost of Project this year: $2,000,000
12. Is this request heing made to fund:
13. What type of match exists for this request?
13a. Amounts that apply to match:
http://cbirs.Jaspbs.state.fI.us/ReportDetail.asp
No X
Operations Construction X
Local Private Federal
Total Cash Amount $0
Total In kind Amount $0
Yes No X
Amount: $0
None X
Yes X
No
Non-Recurring Construction X
Yes
No X
Yes
No X
Yes
No X
Yes X No
/13/2006
commUntty Huelget Issue Requ
System - Detail Report for RepresentCl" .~ Richard Ma... Page 2 of 2
20a. If yes, name the body: Board of Supervisors of Lake Worth Drainage District
20b. Most recent meeting date: .12/14/2005
21. Is this a water project? Yes X No
21a. If yes, has your proJect been filed previously with Department of Environmental Protection(DEP)?
Yes No X.
21b. DEP ID#:
2Ic. Is the project eligible under section 403.885(5), }'.S.?
Yes No X
22. Is your project addressed in a state, regional or local plan?
Yes No X
22a. Jfyes, name the plan and cite the pages on which the project is described:
If you are requesting funding for a stormwater or surface water restoration project:
23. Which Water management District has the jurisdiction of your proJect?
23a. Have you provided at least 50 % match? Yes No X
23b. If yes, identify match amount: $0 Source:
23c. Will this project reduce pollutant loadings to a water management district designated "priority" surJ'ce
water body?
Yes X No
23d. If yes, name the water body: Loxahatchee National Wildlife Refuge
23e. If yes, describe how it will reduce pollutant loadings:
If you are requesting funding for a wastewater project:
24. Does your project qualify for funding from DEP's "Small Community Wastewater Treatment Grant
Program" under section 403.1838.F.S.?
26a. If yes, list the amount and the fiscal year: $0
27. Is the project under construction?
28. Have you provided at least a 25% local match?
281l. If yes, identify match amount: $0 Source:
Yes No
24a. If yes, have you applied for funding? Yes No
2411. If yes, provide the DEP Disadvantaged Small Community Grant project number:
25. Other wastewater projects:
26. Have you received previous legislative funding for this project?
Yes No
Fiscal Year:
Yes
Yes
No
No
h Up :lIcbi r8.J as phs. state. fl. us/ReportDetai I.asp
v .3l200ll
MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGf!Jl.!JJ<1
AGENDA ITEM # ~ - REGULAR MEETING OF MAY 2. 2006
GRANT AWARD FOR HOUSING REHABILITATION CONTRACT
TO:
SUBJECT:
DA1E:
APRIL 28, 2006
This is before the Commission to consider approval of the following housing rehabilitation contract:
. $61,940.00 to JMosca Builders, LLC for 23 N.W. 9th Street
Staff recommends this award, which exceeds the maximum amount of $35,000.00, to an eligible
family under the Community Development Block Grant (CDBG) Program.
The McClenehan's home sustained substantial and severe damages from Hurricane Wilma with
repairs estimated at $112,000.00. The family received a lump sum payment of $50,060.00 from their
homeowner's insurance policy, the maximum benefit under the policy. The funds have been placed
in an escrow account with the mortgage holder, American General Financial Services. The
mortgage holder will hold the funds until the owner is able to demonstrate that additional funds are
available to restore the home to decent, safe, and standard condition; otherwise, the insurance
proceeds could be used to satisfy the $47,000.00 mortgage balance.
Funding for the total amount of $61,940.00 is available from 118-1963-554-49.19 (State Housing
Initiatives Partnership (SHIP) Program/Housing Rehabilitation).
Recommend approval of the housing rehabilitation grant/ contract award as outlined above.
S:\City Clerk\agenda memos\CDBG Housing Rehab Award 050206
MEMORANDUM
TO: David Harden, City Manager
FROM: Ferline F. Mesidort, C.D. specialistf:/S:rl
THRU: Lula Butler, Community Improvement Directorrtb
DATE: April 26, 2006
SUBJECT: Community Development Division Housing Rehabilitation Grant Award
ITEM BEFORE THE COMMISSION
Approval to award a grant that exceeds the maximum amount of $35,000 allowed under the established
Policies & Procedures governing Housing Rehabilitation Grant Awards to an eligible family under the
Community Development Block Grant (CDBG) program. Total grant award requested is $61,940.
BACKGROUND
The McClenehan's home sustained substantial and severe damages from Hurricane Wilma with repairs
estimated at $112,000. The home is not fit for habitation in its current condition. The seven-member
family has since been displaced and are living with extended family members. The family received a
lump sum payment of $50,060 from their homeowner's insurance policy, representing the maximum
benefit available under the policy. The funds have been placed in an escrow account with the mortgage
holder, American General Financial Services. The mortgage holder will hold the funds until the owner is
able to demonstrate that additional funds are available to restore the home to decent, safe and standard
condition, otherwise, the insurance proceeds could be used to satisfy the $47,000 mortgage balance. The
family's total household income is at 79% of the median income for Palm Beach County.
The rehabilitation activities proposed will bring the home to minimum code requirements by replacing the
flat roof with a new hip roof, replacing ceilings, electric and plumbing systems, complete kitchen
replacement and new appliances, installing new walls throughout the home, replacing and repairing
windows, and correcting other incipient code violations. Anlerican General Financial Services has agreed
to release the insurance payment to the City of Delray Beach contingent on the City's approval of the
additional funds required to complete the repairs. Contracts will be executed between the building
contractor and the property owner. . The City remains the agent and this office is responsible for
monitoring all work performed by the contractor, ensuring compliance according to specifications and
program guidelines.
RECOMMENDATION
Staff recommends City Commission approval to award a grant in the amount of $61,940, as an exception
to the maximum amount established for the Housing Rehabilitationactivities under the CDBG Program to
the eligible family.
CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION
HOUSING REHABILITATION PROGRAM
BID/QUOTATION INFORMATION SHEET
FILE #:
05-091
APPLICANT:
John and Mary McClenehan
PROJECT ADDRESS:
23 NW 9th Street
DATE OF BID LETIERS:
N/A
DATE OF BID OPENING:
N/A
GENERAL CONTRACTORS
BID AMOUNT
Cordoba Construction Co., Inc.
South Florida Construction
Tommy Preston
Wrights Way Roofing
In-House Estimate
CONTRACTOR AWARDED CONTRACT:
IJ rv1~~caBuilders, LLC
1
BID/CONTRACT AMOUNT:
Insurance Proceeds
$61,940.00
50,060.00
$112,000.00
FUNDING SOURCE:
Community Development Block Grant (CDBG)
Account #11& 1963-554-49 .19
COMMENTS: Remainder funds of $50,060 to be released from mortgage holder to assist in home
repair.
S:renpgrm/biddocs/bidinfosheet
Agenda Item No.: ~.
AGENDA REQUEST
Request to be placed on:
--1L-- Regular Agenda
_ Special Agenda
_ Workshop Agenda
'---- Consent Agenda
Date: April 27, 2006
When: May 2, 2006
Description of item: (who. what. where. how much):
Case Number Address Contractor
Grant Amount
05-091
I 23 NW 9th Street
I JMosca Builders, LLC
.1 $ 61,940.00
ORDINANCE/RESOLUTION REQUIRED:. YES/NO Draft attached: YES/NO
Recommendation:
Staff recommends authorization and approval to waive the $35,000 maximum grant award established for
housing rehabilitation under the CDBG funded Housing Rehabilitation Program in support of assisting
the McClenehan household in the amount listed above for a total award of$6l,940.00.
CDBG Total: $ 61,940.00 Account Number: 118-1963-554-49.19
Department Head Signature: ~ ..~
City Attorney Review/Recoinmendation (if applicable):
Budget Director Review (required on all items involving expenditure offuIids):
Funqing Available: YES/NQ
Funding A~ternatives:
. AccQunt No. & Description: .
Account Balance:
(if.applic3:ble)
City Manager Review: . '~T
, ApP!ov.ed for Agenda~9
Hold Until: .
..~~
.~fJ. .
. Agenda Coordinator Review:
Received:
Placed on Agenda:
c:fl
;,--'--'
M)~ 11 1\\\\0
c;J,,\'
Agenda Item No.:~,'
AGENDA REQUEST
Requestto be placed on:
~ Regular Agenda
_ Special Agenda
_ Workshop Agenda
_ Consent Agenda
Date: April 27, 2006
When: May 2, 2006
Description of item: (who. what. where. how much):
Case Number Address Contractor
Grant Amount
. 0$-091
I 23 NW 9th Street
I JMosca Builders, 'LLC
.1 $ 61,940.00
ORDINANCE/RESOLUTION REQUIRED:YES/NO Draft attached: YESINO
Recommendation:
Staff recommends authorization and approval to waive the $35,000 maximum grant award established for
housing rehabilitation under the CDBG funded Housing Rehabilitation Program in support of assisting
the McClenehan household in the amount listed above for a total award of$6l,940.00.
CDBG Total: $ 61,940.00 Account Number: 118-1963-5.54-49.19
DepllI1ment Head Signature: ~ --'---=
City Attorney Review/Recoinmendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
. ~
. Funqing Available: ~ .
Funding A~tematives: (if applicable )
AccQunt No. & Description: .
Account Balance:
City Manager Review:
ApPFoved for Agenda: YESINO
Hold. Until:
. Agenda Coordinator Review:
Received:
Placed on Agenda:
. ".:'
1 1\\\\~
M'~ ?.
. ';"'1-~lZ
;,,'\ ',.
;
~~
\..; ,
Agenda Item No.: ~
AGENDA REQUEST
Request to be placed on:
~ Regular Agenda
_ Special Agenda
_ Workshop Agenda
_ Consent Agenda
Date: April 27, 2006
When: May 2, 2006
Description of item: (who. what. where. how much):
Case Number Address Contractor
Grant Amount
05-091
I 23 NW 9th Street
I JMosca Builders, LLC
I $ 61,940.00
ORDINANCE/RESOLUTION REQUIRED: YESINO Draft attached: YESINO
Recommendation:
Staff recommends authorization and approval to waive the $35,000 maximum grant award established for
housing rehabilitation under the CDBG funded Housing Rehabilitation Program in support of assisting
the McClenehan household in the amount listed above for a total award of$61,940.00.
CDBG Total: $ 61,940.00 Account Number: 118-1963-554-49.19
DepllI1ment Head Signature: ~- -'=
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure offutids):
Funding Available: ffiij)otti
Funding Alternatives: . ~ -(if"Vllli!
Account No. & DeSCriPti~.n: 7J:/~.:5 -~?lt If ~J
Account Balance: . ~a. A { _
q: 2 <ill; I 9 0
b~ ( ILY<-L/-'
City Manager Review:
Approved for Agenda: YESINO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
MEMORANDUM
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER7JAI\
AGENDA ITEM # <6 \.A. - REGULAR MEETING OF MAY 2.2006
AWARD OF BIDS AND CONTRACTS
TO:
FROM:
DAlE:
APRIL 28, 2006
1bis is before the City Commission to approve the award of the following bids:
1. Contract award to Needham Roofing, Inc. in the amount of $259,663.00 for the
Pompey Park Center Re-Roofing Project. Funding is available from 334-4172-572-
46.10 (General Construction Fund/Building Maintenance).
2. Contract award to Kilbourne & Sons in the amount of $34,350.00 for the
restorations to the asphalt driveways in the Chatelaine Neighborhood required after
sidewalks were recendy installed. Funding is available from 334-6130-541-63.89
(General Construction Fund/Neighborhood Enhancements).
3. Purchase award to R&S Integrated Products and Services, Inc., as a sole source
vendor, in the amount of $20,880.00 for the purchase of an add-on to the current
LaserFiche Document Imaging System; including the purchase of a document
imaging scanner, licenses, set-up, training and software for the Finance
Department. Funding is available from 001-1511-513-64.11 (General Fund/
Computer Equipment).
4. Purchase award to Sensus Metering Systems, as a sole source purchase, in the
amount of $102,600.00 for the purchase of 800 transceiver units required to
upgrade existing water meters to radio water meter reading equipment for the
Finance Department. Funding is available from 442-5178-536-52.31 (Water/
Sewer Renewal & Replacement Fund/Water Meter Replacement under $750).
5. Contract award to Guidance Group in the total estimated amount of $75,996.43, as
a sole source vendor, for the repairs and/or replacement of several "Wayfinder"
Signs damaged by Hurricane Wilma. Funding is available from 551-1575-591-45.50
(Business Insurance Fund/Property Claims).
6. Contract award to Casde Florida General Contractor in the amount of $24,000.00
for repairs to Cason Cottage due to Hurricane Wilma. Funding is available from
551-1575-591-45.50 (Business Insurance Fund/Property Claims).
7. Purchase award to PC Universe in the amount of $18,248.00 for the purchase of
PIX hardware for the Police firewall to include unrestricted software, failover
software, ethemet card, maintenance, and fiber optic cables. Funding is available
from 001-2113-521-64.11 (General Fund/Computer Equipment).
Recommend approval of the above bids and purchases.
S:\City Oerk\agenda memo\Bid Memo 050206
City Of Delray Beach
Department of Environmental Services
M E M 0 RAN
D
u
M
www.mydelraybeach.com
TO:
David T. Harden, City Manager
RAFAEL BALLESTERO, Deputy Director of Construction ~
DATE: 19 April 2006
FROM:
SUBJECT: Pompey Park Center Re-Roofing
Commission Agenda Item
Contract Award
Project # 2005-061
Attached is an agenda item for Commission approval/authorization for the Mayor to execute
Contract with Needham Roofing, Inc. This Contract includes removal of existing roof material
and installation of new built-up modified roof to the Pompey Park Community Center Building
(approx. 13,600 SF) utilizing the Garland Company, Inc. as the performance standard.
The contingency allowance will include necessary stucco repairs, caulking, complete roof drain
replacements and aluminum roof ladder replacements.
Funding is as follows: Account # 334-4172-572-46.10 for the amount of $259,663.00. Bid tab is
attached for your review.
Please place this item on the 2 May 2006 Commission meeting.
cc: Richard Hasko; Director of ESD
Rafael Ballestero; Dep. Director of Construction, ESD
City Clerk's Office
Agenda File 05/02/06
File 2005-061 (A)
S:\EngAdminIProjects\2005\2005-061\OFFICIAL lagendamemo. doc
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Agenda Item No.<{$\A ~
AGENDA REQUEST
Date: 19 April 2006
Request to be placed on:
x
Regular Agenda
Special Agenda
Workshop Agenda
When: 2 Mav 2006
Description of item (who, what, where, how much): Commission approval/authorization for
Mayor to execute Contract with Needham Roofing, Inc. This contract includes removal of
existing roof material and installation of new built-up modified roof to the Pompey Park
Community Center Building (approx. 13,600 SF) utilizing the Garland Company, Inc. as the
performance standard.
The contingency allowance will include necessary stucco repairs, caulking, complete roof drain
replacements and aluminum roof ladder replacements.
Funding is as follows: Account # 334-4172-572-46.10 for the amount of $259,663.00. Bid tab is
attachedforyourre~ew.
ORDINANCE/RESOLUTION REQUIRED: YESINO DRAFT ATTACHED YES/NO
Recommendation: Staff recomme
4 -u -04-
Department head signature
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (r~d on 911. ~ms involving expenditure of funds):
Funding available: YE 0 tAA
Funding alternative (if applicable)
Account No. & Description 33t.J -l./t 72 -0 z, lib ,- / D 'J3L.u.'(dt n 8- /ieu )'1~CLJ<... CA...
Account Balance -$2~9.003.00 .!!" 3/7. /9 ~
/
City Manager Review:
Approved for agenda:
Hold Until:
~NOt1
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
cc: Richard Hasko; Director of ESD
Rafael Ballestero; Dep. Director of Construction, ESD
City Clerk's Office
Agenda File 05/02/06
File 2005-061 (A)
S:\EngAdmin\Projects\200S\200S-061\OFFICIAL\agenda.doc
City Of Delray Beach
Department of Environmental Services
M
E
M
o
R
A
N
D
u
M
www.mydelraybeachcom
FROM:
David Harden, City Manager
Rafael Ballestero, Deputy Director of Construction FB--
SUBJECT: SOUTHWEST AREA SIDEWALKS (pIN 2005-020)
Purchase Order A ward
TO:
DATE: APRIL 25, 2006
Attached is a request for the City Commission to approve a Purchase Order to Kilbourne & Sons for
restorations required to the asphalt driveways in the Chatelaine neighborhood. These restorations are
necessitated to alleviate the elevation differences caused by the recent sidewalk construction within the
Chatelaine neighborhood.
Three quotes were solicited. Hartzell Construction, the contractor which installed the sidewalks declined to
bid because they do not have experience with asphalt work. Ranger Construction, the contractor which
resurfaced the streets in the Chatelaine neighborhood, declined to bid because their firm is equipped to
perform high volume production paving work only. Kilbourne & Sons provided a quotation in the amount of
$34,350.00. This price is commensurate with the work to be performed, and they recently completed
asphalt path restoration work for the City with excellent results. A Copy of the contractor's quotation and
supporting documentation are attached for your review.
Staff recommends the award of a Purchase Order to Kilbourne & Sons in the amount of $34,350.00, on
the Southwest Area Sidewalks Project, PIN 2005-020.
Funding is available from Account # 334-6130-541-63.89, Neighborhood Improvements.
cc: Richard Hasko; Director of ESD
Randal Krejcarek; City Engineer
Bob Diaz, Construction Management Technician
City Clerk's Office
Agenda File
File 2005-020(A)
S :\EngAdmin\Projects\2005\2005-020\CONSTRCT\Agenda memoAsphRest 05.02.06.doc
~~~
Apr 14 06 12:15p
KILBOURNE
15612787034
p. 1
JrnposuI
KILBOURNE & SONS
ASPHALT MAINTENANCE INC.
P.O. BOX 83-2114. DEL RAY BEACH. FL 33483
561-498-7040
PALM BCH. CO. LIe. #U-16045
4/13'06
3137
City of Delray
100 NW 1st AVe.
Delray Beach, Fl 33444
Attn: Rafael Ballestero
Chatelaine Blvd
Sidewalk Project
43 Areas
Due on recpt HI{
4/13'06
LIC. #U16045
1
ASP REF
Saw cut driveways on house side
of sidewalk. Repair with hot
plant mix. Carpact.
Clean, tac and pave swale areas
fram sidewalk to street.
Carpact to grade.
All leveling included frOOl 1"
up to 5".
34,350.00
34,350.00
PEBUTS ADDITIONAL IF REQUIRED
34,350.00
BMANCE roE:
34,350.00
ACCEPTANCE OF PROPOSAL BY OWNERIS AND/OR MANAGERlS: THE ABOVE PRICES, SPECIFICATIONS, AND CONDITIONS ARE
SATISFACTORY AND ARE HEREBY ACCEPTED BY KILBOURNE & SONS ASPHALT MAINTENANCE INC. AND/OR ITS AGENTS ARE AUTHORIZED
TO DO THE WORK AS SPECIFIED. PAYMENT WilL BE MADE AS OUTLINED ABOVE. THE FOLLOWING CONDITIONS ARE ALSO ACCEPTED: We
understand that as the agents for the owner/s, we will assume complete responsibility for removal of all vehldes and equipment from scheduled work areas.
Any damage that is created by persons or vehides that enter the cordoned and/or barricaded work areas during the completion of this maintenance project
will be the responsibility of the owners and/or management of this property. Please read the exclusions and disclaimers listed on the reverse of this proposal.
Signature:
Title:
(Authorized Agent of Property Owner/s)
THE PURCHASER AGREES TO PAY ALL COSTS OF COLLECTION,INCLUDING A REASONABLE ATTORNEY'S FEE, IN THE EVENTTHATTHIS
CONTRACT IS PLACED WITH AN ATTORNEY FOR COLLECTION, WHETHER A SUIT IS BROUGHT OR NOT.
-------.---
Page 1 of 1
Ballestero, Rafael
From: Beatriz Ramirez [bramirez@rangerconstruction.com]
Sent: Monday, April 24, 2006 11 :44 AM
To: Ballestero, Rafael
Subject: RE: Chatelaine Driveways
Rafael
:::>ur crews are set up for high production jobs (more than 200 tons per day or average). In order to do driveway
"estorations, which would be lower production, our price would be extremely high. There are other companies with smaller crews
~Iess people and equipment) that can perform this job at a more competitive price.
Thank you for considering Ranger Construction, please do not hesitate to contact us in the future.
Beatriz
From: Ballestero, Rafael [mailto:Ballestero@ci.delray-beach.fJ.us]
Sent: Monday, April 24, 2006 11:28 AM
To: Beatriz Ramirez
Subject: Chatelaine Driveways
Beatriz:
In a previous conversation concerning the Chatelaine driveway restorations, your firm respectfully declined to bid due to the
nature of the work. Will you please reply to this email explaining the reason for declining?
Thank you,
Rafael C. Ballestero
Deputy Director of Construction
City of Del ray Beach
(561) 243-7320
************************LEGAL DISCLAIMER************************ The information in this message is
~onfidential and may be privileged. It is intended solely for the addressee. Access to this message by anyone else is
unauthorized. If the reader of this is not the intended recipient, any dissemination, distribution, or copying of this
~ommunication, or any action or omission taken by the reader in reliance on it is prohibited and may be unlawful. If you
have received this message in error, please immediately contact the sender by telephone call to 561-793-9400 ext. 542
md delete the message. Thank you
4/24/2006
Page 1 of 1
Ballestero, Rafael
From: BocaSteck@aol.com
Sent: Tuesday, April 25, 2006 5:33 PM
To: Ballestero, Rafael
Cc: Mccabebrothers@aol.com; painter@hartzellpaint.com
Subject: Re: Chatelaine Sidewalks
Rafael: We do have one sub that does asphalt work and but presently he is booked until mid July. Therefore we cannot bid this
project at this time.
Thank you for giving us this opportunity to bid on this project. And please keep us in mind on future work for The City of Delray.
Bill Stecklow for Hartzell/McCabe
4/26/2006
, .
Agenda Item NO.Z ~;l
AGENDA REQUEST
DATE: April 25, 2006
Request to be placed on:
---1L. Regular Agenda
_ Special Agenda
_ Workshop Agenda
WHEN: May 2, 2006
Description of item (who, what, where, how much):
This request is for the City Commission to approve a Purchase Order to Kilbourne & Sons for the
restorations to the asphalt driveways in the Chatelaine neighborhood. These restorations are necessitated
to alleviate the elevation differences caused by the recent sidewalk construction within the Chatelaine
Neig hborhood.
Staff recommends Purchase Order award to Kilbourne & Sons in the amount of $34,350.00, on the
Southwest Area Sidewalks Project, PIN 2005-020.
Funding is available from Account # 334-6130-541-63.89, Neighborhood Improvements.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation:
~se ?~nlboUrne & Sons for the above referenced work.
~ ~/1.,5/~b
,
Department Head
Signature:
Determination of Consistency with Comprehensive
Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (re~ on all items involving expenditure of funds):
Funding available ~O ~
Funding alternatives .,. (if app.liCi!blehL! /;> .s;-Q
Account No. & Description ::: ::~~: "1:3Lf -6/~O- ~..,. . """:;, -u "-
Account Balance ~-- ----.-_ 3/)) f2_~
, ,
IV ru~l<bo{ kOd
Ef)m~
City Manager Review: ~
Approved for a~a' E 0
Hold Until:
Agenda Coordinator Review: .
Received:
Placed on Agenda:
Action:
ApprovedlDisapproved
file 2005-020(A)
S:\EngAdmin\Projects\2005\2005-020\CONSTRCTlAgnd req AsphRest 05.02.06.doc
1) Ji J /} J::' "7')., C-'
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City of Defray Beach - Finance Deparbnent
Electronic Document Management Systems
EDMS Products and Descriptions
Document Imaging, Data Capture, Professional Services
Presented by R&S Integrated
AprIl 2006
IOP'nON THREE - Project Costs for R&SJLaset1Iche EDMS Products & Services
Product Code Description
B&~.,'''",,~;,;~.~..
Infarmiltion Thr mwyatiolJ
'-....._~ ---'.-
".sertiche'
Qty
R&S Local
Govt Costs
Project
Costs
ReedIWrlte Ucenses:
1c. LFULL LaserFiche 'Clienf ReadlWrite Ucense for EDMS 3
1 d. LFULLR Support and Upgrades for one year 3
19. LFSS LaserFiche 'SnapShot' Electronic Document Imaging 1 user 3
1h. LFSSR Support and Upgrades for one year 3
1i. LFEM LaserFiche 'EMAIL', email documents as attachments ti"om LaserFictM 3
1 j. LFEMR Support and Upgrades for one year 3
Read Only LIcenses:
2e. LFR LaserFiche VIeWer' Read Only Ucense for EDMS 4
2f. LFRR Support and Upgrades for one year 4
Document Shuttle - Integrate existing daIa and systems with Laserflche
3a. RSSHTL R&S 'Document Shuttle Pro' 1
build database, name files, create folderslsubfolders, and populate search templates automatically
with Easy Reports add $9,995 for softwant and $2,795 for support/upgrades, and $2,616 for services
semi-automatically image archive AS400 reports to Laserfiche EDMS with relative indexes
3b. RSSHTLR Support and Upgrades for one year 1
3c. RS2004 Work process development, user and admin training 24
Professional Services - OI18It8 EDMS professional services
Sa. RS2008 Systems and modules delivery, setup and configuration 4
5b. RS2064 v' EDMS WOJI( process development, user admin training 16
Fujitsu 5750C scanner with Kofax card, duplex scanner 57/114 ppm. color and B1W. 57/114 ppm at 300 dpl
6a. RS5750C Fujitsu 5750C SCSI scanner, up to 12 x 18" 1
6b. RS5750CR one year onsite system support, scanner replmnt 1
6c. RSVRS Kofax VRS software, 10 ft. scanner cable 1
$484 $1,452
$145 $435
$88 $264
$26 $78
$70 $210
$21 $63
$194 $n6
$58 $232
$2,460 $2,460
OP'nON THREE - Project Costs for R&SIl.aserflche EDMS Products & Services Total
$700 $700
$114 $2,736
$114 $456
$114 $1,824
$6,654 $6,654
$1,595 $1,595
$945 $945
I $20,880 I
(
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00 , ~ JSiI"S 13 -l. q , \ \
CIty of DeIray Beach - 0pIi0n 3 4I13J2Oll6
_.rsoasis.com
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CtL4-f./i /.<<:k.-
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AGENDA ITEM NUMBER: ~3
AGENDA REQUEST
Date: 04/19/06
X Consent Agenda
Mav 2. 2006
Workshop Agenda
Request to be placed on:
Special Agenda
Description of agenda item: Proposal from R&S Integrated Products & Services, Inc. in the
amount of $20,880 for document imaging scanner, licenses, set-up, one year of training and
Software for the Finance Department to be added on to the laserfiche affiliated with the City Clerk's
office. Funding is available in account 001-1511-513-64.11 (Finance/Computer Equipment).
ORDINANCE/RESOLUTION REQUIRED:
Draft of Resolution Attached:
YES
YES
NO
NO
x
X
Recommendation: Approval is recommended by Finance Director and IT Manager to sole
source vendor due to affiliation with the City Clerk's laserfiche equipment.
Department Head Signature: r -.} ~ ~ ~
Determination of Consistency with Comprehensive Plan: "-
City Attorney Review/Recommendation (if applicable):
Budget Director Review
(required on all items involving expenditure of funds): i \
"'" "U' lc.....
Funding available: Yes v-:::::~ lbf- No
Funding alternatives (if applicable):
Account Number:
Account Description:
Account Balance:
City Manager Review:
Approved for Agenda:
Hold Until:
Agenda Coordinator Review:
Received:
Action:
01) / - / 6/1-5) 3 < (, "I. -1/
(lom))ul-u-- Eg0p~
~ Z~ t.f3 /)
e
tzq
i
No
Approved:
Disapproved:
P.O. # Requisition #125735
MEMORANDUM
TO: David Harden, City Manager
FROM: Patsy Nadal, Buyer
TIlROUGH: Joseph Safford, Finance Director
DATE: April 25, 2006
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING
MAY 02, 2006 - APPROVAL OF UPGRADE TO WATER METERS
SENSUS METERING SYSTEMS
Item Before Commission:
City Commission is requested to approve the purchase of 800 transceiver units that are required for
the upgrade to the Sensus Metering Systems, currently installed in the City of Delray Beach, for
the sum of $102,600.00. The upgrade units will interface with the existing hand held keypads,
vehicle transit unit, mapping software and hardware i.e. laptop computers.
The transceiver units are available from Sensus Metering Systems as a sole source provider for the
reason that this is the current radio meter reading equipment that is place. This is the next phase of
the installation of radio read equipment for the City's water meters west of the intra-coastal.
Background:
The upgrade to Radio Read technology helps to eliminate errors related to manual entry of the
meter reading data. The transceiver units would eliminate the need for the meter reader to stop at
each customer location to obtain the reading. Instead, a Vehicle Transceiver would be used,
enabling the meter readings to be collected by driving within range of the Radio Read equipped
meters, collecting transmitted data readings and automatically storing it in a laptop computer. The
data is later transfer to a desktop PC for generating management reports or printing customer's
bills.
With the City's increasing number of accounts and some of the more challenging access areas, the
upgrades to the Sensus Metering System will allow the meter readers to utilize the new technology
and increase the meter reading productivity a minimum of 30% while allowing the City to utilize
the meters currently installed.
Recommendations:
Staff recommends the purchase of 800 transceiver units required for the upgrade of the current
installed meters from Sensus Metering System as a sole source in the amount of $102,600.00.
Funding is available from account numbers: 442-5178-536-52.31
Attachments:
Sensus Metering Systems Quote #7127
Capital Improvement Plan (Finance) FY 05-06
cc: Jackie Rooney, Purchasing Manager cr-
~L\~
Deoarbnent: Finance
Date Submitted: AUGust 4, 2005
Project Category: Equipment
CITY OF DELRA Y BEACH
CAPITAL IMPROVEMENT PLAN
FY 2005-06 TO FY 2009-10
Project Title: Radio Read on Beach
..:-:.:.:...:...;.:.:-:-:......;.;.:-:.:-:.....:.;.:-:-:.:...:.:-:.:.:....;.............;.:-.-:.:....;.:...:.;.:...;.:-:.::.........:......:.:..;.::......:...:.....:.:....;................ ..', ..........;.:.;.:.;...:.. ....:...:.....:...:....:.:.;........:......:...:.......;- .....:.....:..:.....-:...:.:.......:........ .....;...:......;.:.:.... ...... :.'
Proiect Descriotion:
We have installed aooroximatelv 1300 meters on the beach. This request is
to continue outtina in radio read transceivers west of the Intracoastal.
$104,000 approximatelYfor 800 meters@$130 oer unit - Two meters
within 5 ft of each other
.
$1,500 - Ports - 8 port and 4 port
$7,500 - Installation of rnxu's and oroarammina
PROJECTED COSTS Five Year Capital Program
Classification FY 05-06 FY 06-07 FY 07-08 FY 08-09 FY 09-10
,:::::::....::: :~::::.::.::'.~:~~~::::~::::I::.:.:::::~:m:::::::...: "':'~ :::.:;.~.: N.... ':". ". :::,,:::~::::::::::::~:::::::~::., .....:........:' ':~., .:::::::::(::::~:::::::.::::...:.::. .: ":r:. . .:,:::~:::::::::::::::,,:~.. . ::', . ':':.: .,:,,' ':':". :::. :. ':.:':':. .,:..... ::.: ':: :.:: .... .. : ...::_:...:,...... . ::::~:", . :.:.... :.:':':.1:' :~:.::. .:}.':: . ......
Land Acquisition
:!i:!~;:~~:~::~:~~:!::~~~;H:~:Ki)!&.Wi:t:!f;;:;~:!~;:H~;d;:if;i!KJ:~!:::~:!:::!'f?:j:J::::;f::!:~W:::!:!:::!:!:::!:!:!:i::~:l::::!::i:!: ~:!:::'{:::::!:.'::::k:.\.::. ::::::Y'::::!i:r:::~::r:t, :~:':~::::::::J:?:tt::iJ:., :.:': u .. u. '... ::,.:' -l!:.:.:':.;:;\:. ':'" ':: .:~ .:: ::.:':,: : .....: :'::"::
Engineering/Architect Design
~w.:::~:~::::~'*~:;:::~,H;:::i:m:~m:::~mi:~:::..,#,.:::r::i~$;:'::,::,,:,:::::~r,,}w:::::::::::<'::::::::r::,'::,.,,:' ::. :'.:::.:;,..'i:'.:;' ::6:':::m::~:::.:::::.::::,:.: :~/f:~::::::::::~:::::::::::.::::, :.::-~:."::::::,, ":::" :'::':"':'. .' '.
Construction
~mlllWf%t.~M@m1gmKJHi!~!f:fiMi1~!:!&~!i!~!iM~M;!;~!:~:~~~~:::j!!!~!:%!!!::!~:~!/i!:!*{ ::1f!!~l{t::,t!fJ ~:tt~!t:lmMJ~t:~r}l:::::1i,~i' :.., ::~:':.:.'u..'. ,:':.:.L '!::l:::~.: ;:'::.;.::::'!':,:' '. ,.:":. ..... "...
Buildings
@@ri~~tm~Kf~~?$..MmiM~U:W!:@r#~~~M~!!.:~:~J~:~:N:M;;::~:mm::;~:;:{:;~;;:~~.!1::;:W!!~~!!:!. :t~!~~W!f.Ni.@f::!~!~: ~:~!:~f:!t!!t1W!~!t::~!!!:: :t!!;!!:!1!!lt":!::;t;li!::: ':~t::iJ::;:;':::!;:'1!~;::::;~:: :\:;:{:,.,.::!:,:.!: ::t:.:;;:);:::;;;;;;~;:!~::~:it:::i;:;;:::::;,;::?~;:;!:::hi
Other Improvements
t!:WJN~~l!~Mf:.Wf~~nmmi;~~MWK:,f;~:m:~f.!lf)!!l:~!!i!M~:~~:m:tt!::!:~::'!!}!1l: Jtrt!!:!l~;.~t;=:;!J f:iM!fl:::{t'i:lt itj!:~~~~:;:r!J:::::::~!!!!~ '1:f'.:~;~::M:!:tf)f::: .... ...., . ..... ,:.:!t~'l:t!~t:!!:t::' ';:!:::;S::$!:iJ
Inspection Fees
:W:JlM!%tlW?ittW%1WrM;1%H:iWi.%iU}miWii%HilM~tJ(ftW;ft!. 'iti~tii\f1t::Jt: lifFilitf:Tf rfM~}:i:i!S:;::;t:;;;; :.}i::!i!~:;::::~.!}::~:tr :'~'~:r':"":;::~::'::::;=?:"',: ':~::;:::"'::\Nfi;IittrittlN
Equipment 113,000 113,000
:;1M~~!:!;~Mt.~m~H!K~:=r@f!~Wf:!;!:::~::W::t?::?::!::!:::~:i:::g:!!~!~:!f.!Hf::~m=f!:::::f:'::::::~:"}:!~f !!~ttl~:f.!~!f::ii!{~!n!~l:';,;:::~~,::::}::): '~'.:: :;;'.~.:.::::::::.: '.:.::.:.1':':, (::.;;:;::. ....;:;:::..;:;..,;...: :..:'..:., ;:~':':I"';:':,:, ::. '.,::::::::.:':' ':'.':;:.:.: . :':":': '.
Other Fees/Costs
1:t@trtM..@fhl~1%W1WtWf%iM:!M1hWfWt:}!?t#:i?\tjl~tiMttP:::W t~t:itWllfN::f it!!:!t?i!tiEWf !'?:::;?~it.: .,' .:.N' ..);::.:t{::-=tt?i::::...:" ...:.... ." ... '.., ..,..,. .:':':'.: .....,
Public Arts Program
tmtWWtW:w;t@rf:tf.:;MWrHWi1tl~itttn!fM:.}:::iNrm:~f:tt::!gi:;.Ji:i:~.; It!@tlitf:lltttti Ir~ifNH~tir:i';: . T~:;;~:i:\;i:{!:::i~/: ',j;;~:::.::.::>{::}.:';::. ';,\.. .... ": ~;.:.:.":. ":: :.::: '!::.i.:/lr.:.:.:':::..:; ." .~.:.
Contingency
:!1:~:::m~i~:~t~W~~1:~?1:l!:-&~M~i:::l!:::~:::~~:m~!1:M1':l!:)!:!l:~!~:!::i:~i:::!:!:::l:i:::~:::::::::N:~:::!:~:::::!:!t:::t~:f::# I:n:~!::'::~:::::::#::::i:'::':':::' ::::::::::::::::=;::;::':,:::::::::::::F : ~:~:!:::::~::::::::~':':':':':::'::': :.:~::':':'::::::':: ":: 'l~"
Total
..:" :-". ... . :'. "." . "
.. ..................". .
", ',..... .
TOTAL PROJECTED COST
113,000
113,000
PROJECTED REVENUES Five Year Capital Program
Revenue Source(s) FY 05-06 FY 06-07 FY 07-08 FY 08-09 FY 09.10 Total
ltB~~W~~gW!:M?lW:i!WM~t::;~::~~:~!!:::~!:::t.:!::!::.:::t::~~tJ::!~~!~~l:::t~~!!!~!Jf~!!~!!~!:tt:!:t::t!(i!:!~!:: J~~!t.:.:{?:Mt:!:;!:!t ::::::~:::}::).::l:~::!~!!~!!~:;:. :::@!!!!t::::::::::=:::::;.:::./ ';;'.: :'.>:..;::;t':"':':..f": '. ..::;,:~::t,~:::..:!";::.,.:.{: .:. }:.:.; :::.::'!'. ... ..: ..' .:.'
i;$;:~!~~;;,:;~!:~t:J:~~.:.~.j;:,?:;:;~t:~';~!;N\.~!1!~;::~::~~::!~:~:t:g:f. ::!!!t:!!:!1~!~!g:~~!:'. ::;}::~r':;:'. :~tt!t? 'J!~~t:!:;~;t;::;i.;~t.:,,::: ;:',:,::);;.:;::.;::::.il~!:::'::"" };!.:,.::::::'J}:"::::!;::'.', .:t(:::::::::!i!:!;~~~!~:'~~~!=-~1!g:g:g!!~
:g;~t;<lM~Wl$i'&:ir::l:1:~::~~ii'~:~~~::r:~:~:n:11:~'{:!::::Mmw~::)~!i:J~l~i:~:::::~!:~:~t~!:~i::::i:~W ';1i:!@~~:~r::i:~:i:;:!::t :;:::::::#:!:~:t::::mtt~~ ?~!~t~:Wi:I':::~:mj:! .tJ:!:::rs.::,,:t:!.: ::~;i:!:!:";(,: "::i:~~'::.X.;.::!. ":;';:!H:l;::::;:.:;::;:i::'::,:,: '.~';!:' !':, :
f.ttN~~:*%~t~gi@1.tifftWffl@WKWW!:H::~::~::lW::!::l!~!!l!i:~!!!?!::l!~::~:!!::~N1:!i!:!!':!.: ::~::m:ltlMli!! ::l:::~~??%lt@~ .;::~::t:::;:::)tt:t::} !::l~:;::'::~~ft::rtl: l?::::.:;::.:;:::-~tr.::." .' .:".:i:.;:' :'" ",,: ~..
t'@l~t;.=fulfJ.W:Wrt~lM'ihlt%JinW!@m~~MHM\~~tMm:W$%@ mlWM!tttm:: ::@MH%tiW :4p:~J:!~!Wt:~t: :::::::fl!:l~m~lJ~!;(' :N~{:::':':f::;":::::::::r:: : !~~ .:!:\.:t.' .:.::~:-,::-:>;::.:; '.::'"
~lf:t~WhW~;$.mr:1Mlmff:1W*@t:W1il~m*f;@i%MfNMffrf~i:Jit} 1::~JrPtMftJf !~iI.m:trm:li@i i:!!mCI:::iW~;}l :\;i:;~;tI}l:ti!?;' :;Il@~intt{:~:;:~.~:: ':';::;}::'::::::::::..::. .:.!.:::;;;;i:::i/~::::;:;::::
Special Revenue Funds 'pw , " ~ v.,:::':,'','' .". ,..... ........ d,'" .'.,. ........ . . ,. . ,....... . .....,.,.... .......... .'
:t:ttM~lf<<#.*m~ij,W:w.:MWimtMx:~~@g:~~.~:KW:~]:::::~ii~.f!t~:~:~:~::i:~:::::~:~!:::::~I:f:~ :!N@ti:!:!ili:m:!:!:!. :n!:!::t!:~:!:::l;:D:::J:: ::#fl;:~t:::::::::.::::::.;. .:M:::~f':~,::.::'~ ':;'., :.1:.::.... ":':C ,"'1'::.. ':,} .~::.::::'" ," .::'.,
~i:AAi_=t:'~~~;;:ii:~!:~f;~~N:lfZ::irr~:::rrrt:n. ,git~;i~!):::~~Htfit!: t~~M?t~~:;~J:tj ,:;tt::~:ttr::Wf:t ~r?!~!(fmfftf: rr\::;.;./.;{'.::, ::'~ ",.:I:~.:t:!l'!'" "::':. ~:'::\:.,
=fc;m~;t.~lli~~-4.i;$.fi::mlnmMWtiit~ii!~i.:~::i;;~:~titiii~i:r::~t!T:?JM!~:K :til::~rlf:WNi IdMwnlWt~: :t~~;i;~:~Kr;;~:g~~:i;t:: t::ttrfiff:f}mr :::r. .'::.:;::::.ii'.::::.::/ ..;::::.::::it::::;:;:::::::i:::~:::~::::':':"~':~,:,:,:,:::,:
~~-l:f.::::::::'i?~~~:':~::~:~:':::~::::~:?:::::::~::::m~~:~:::':;:;:::-::i:~::::::;~~::.:!i.:~:~:~:~:~::::;i::::::;i::::::~::::::;:~:~:: :::~:~:~::I:':'::~:~:;::t:'::~~~:i:: ~:;:w~:~::::::::::::::.~::::::::,::: "::~~:~::::::::":::'~:::::::~:::::::: .:::::::~::::~::::~::::::: "':::'::::'. "~:,:' h'<.: .: t...::::.::.:. ,.:'. ':::' r::.~:' :::::." ' ::.::::~..:.:':~.:::.:..,
TOTAL PROJECTED REVENUES
113,000
113,000
1AA
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-
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-
.
-
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Page 6
QUOTATION
~seNSUS
::=../ METERING SYSTEMS
Your Quote Number:
7127
1501 Ardmore Soulevar'd
61h Roor
Pitlsburgh Pennsylvania 15221 USA
TOLL. FREE HOTLINE
1-BOI)oMETER-IT
L ' 1.a0G:S36-3748. .
1ne UeSCr1pt~on
US Dollar
Quantity U/M
Unit Price
**** THIS PAGE INTENTIONALLY LEFT BLANK ****
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bo2~:;=
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C'ni o. 0
IF MODIFICATIONS IN METER MATERIALS OR
NEW REGULATIONS; THE PRICING SUBMITTED
Thank you for your interest in quality
Current as of: 4/03/06
Correspondence:
SENSUS METERING SYSTEMS
FRED RUSSELL
P.O. BOX 1067
ROSWELL, GA. 30077-1067
PROCESSING ARE REQUIRED TO MEET
IS SUBJECT TO IMMBDIATE CHANGE
products by Sensus Metering Systems
Purchase Orders:
SENSUS METERING SYSTEMS
PO BOX 487
UN I ONTOWN, PA 15401
PHONE: 800-METER-IT
800-638-3748
FRED L. RUSSELL,
Regional Sales Manager
1l1iG Quotation 18 IIfl oft8r to 1811 which lnoludeti and Is SIJbiacl to the sensllS Mersring Syst8RIII
Tenns of Sale Qvalabl8 for Ylewlng and downloading Ed http://www.sllllSUll.com.pdtAennscondldons.pd1
PI_ oon~ Cuelomer Service at 1.ElOO-6S8-S748 If you are unable to QCC8llS this site and ruquire a prIn1ed ccpy of the T'Il1TTI& of S8Ie
9121 391;1d
H81;138 ^1;1~13a ~O ^~I8
1laELE1;>Z;199
8Z;:1;>1 9lalaZ;/9Z;/1;>1a
QUOTATION
~seNSUS
:::;:../ METERING SYSTEMS
Your Quote Number:
1501 Ardmore BOl.llevard
6th Roor
Plttllllurgh Pennsyfvanl. 16221 USA
TOLL FREE HOTLINE
'-800-~TER.R'
Line 1~b~iption
33
34
s~P' r;;"
tl ~\1' .J
:;.:..:-- (\.'
~ \ '
" tit.-
~v~~ 36
vJI ''J I'
DO
Je'V.!<, /
Y' "-\
(It 37
Quantity U/M
32
~art#: 5390753720001
MUL'I'IREAD MODULE :2 CHANNEL
EA
J:o'a9~ ~
7127
US Dollar
uni t Price
34.630
52 . Q80
72.830
128.500
135.000
10.000
llWl QutlIBlIon II an gfIer to eeIl which klcludM and 1& ~ to 1118 Sensus MeterIng Systems
T8II1lO of SeIe ~18 for YIew1ng ancI downIoacIlng III ht1p:lIwwW.$EII'ISUS.eornIpdf/Ierrn.pdf
PleoM c:ontac:l Customer S&rvbt at 1-800-838-37048 . you If(f LI1IIbIe 1D acceG$lftIs sII8 and AlQUIre . printed copy or the 1Wms of Sale
90 39~d H8~a ^~~13a ~o A1I8 T~~'~b7TQC 07'"T onn7/~7'~n
1
Part#: 5390753740001
MULTIREAD MODULE 4 CHANNEL
1
EA
part#: 5390753780001
MULTI R.EAD MODULE 8 CHANNEL
^ \,~\
"j ',\'
\\/-1 ' '.
~.. <'r'
r">...-
EA
1
EA
part#: 539615375:2001T ~ ,(f./' ,fj.
MXU 520R TRANSC UNIT\::\L'\ .
1 PORT I TOUCHCOUPLER \ .'
PIT VERSION, 956 FREQUENCY
part#:~396153752003T
MXU 520R TRANSC UNIT
2 PORT TOUCaCOUPLER
PIT VERSION, 956 FREQUENCY
1
1
EA
Part#: 5396135252002
TOUCHREAD EXTENSION CABLE 31
FOR M520R
1
EA
FULL FREIGHT ALLOWED.
FOB DESTINATION.
INSTALLATION METER CHANGEOUT:
5/8 X 3/4" EA. $38.00
3/4 X III EA. $3B.00
1-1/2" EA. $125.00
2 II EA. $135.00
ADDITIONAL SERVICE:
REPLACE METER BOX 5/8, 3/4, 111
EA. $20.00
AGENDA ITEM NUMBER: ~ \.A ,L\
AGENDA REQUEST
Request to be placed on: May 04, 2006
Date: April 26, 2006
~ Consent Agenda _ Special Agenda _ Workshop Agenda
Description of agenda item:
City Commission is requested to approve the purchase of 800 ttansceiver units that are required for the upgrade
to the Sensus Metering Systems, currently installed in the City of Delray Beach, for the sum of $102,600.00.
The upgrade units will interface with the existing hand held keypads, vehicle transit unit, mapping software and
hardware i.e. laptop computers.
The transceiver units are available from Sensus Metering Systems as a sole source provider for the reason that
this is the current radio meter reading equipment that is place. This is the next phase of the installation of radio
read equipment for the City's water meters west of the intra-coastaI.
Draft Attached:
YES
YES
NO_X
NO_X
ORDINANCE/RESOLUTION REQUIRED:
Recommendation:
Staff recommends the purchase of 800 transceiver units required for the upgrade of the current installed meters
from Sensus Metering System as a sole source in the amount of $102,600.00.
Funding is available from account numbers: 442-5178-536-52.31
Department Head Signature: ::J'. ~~
Detennination of Consistency with Comprehensive Pla~
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
-,
Funding available: Yes ~
Funding alternatives: (if applicable)
Account Number:
442-5178-536-52.31
Account Description: OPERATING SUPPLIES I <$750 WATER METER
Account Balance: $107,308.41
City Manager Review:
Approved for agend(94 No
I
Hold Until:
Agenda Coordinator Review:
Received:
Action:
Approved
Disapproved
.."
MEMORANDUM
TO:
David T. Harden, City Manager
Jacklyn Rooney, Purchasing Manag~
Joseph saffo~ce Director ~
FROM:
THROUGH:
DATE:
April 26, 2006
SUBJECT:
DOCUMENTA nON - CITY COMMISSION MEETING
MA Y 02, 2006 - AWARD TO GUIDANCE GROUP
FOR REPAIRS OF DAMAGED W A YFINDER SIGNS
THROUGHOUT THE CITY DUE TO HURRICANE WILMA
Item Before Commission:
City Commission is requested to approve award to Guidance Group for the repairs and/or
replacement of damaged "Wayfinder" Signs in several locations within the City of Delray Beach
due to Hurricane Wilma for the total estimated amount of $75,996.43. See attached memo from
Risk Management dated April 21, 2006, approved by City Manager.
Background:
Several "Wayfinder" Signs (frames, panels, pole and base caps) were damaged throughout the
City during Hurricane Wilma. Guidance Group has submitted a proposal listing each sign
location, the materials damaged and cost for repairs for the estimated amount of $75,996.43.
Guidance Group is considered sole source for this purchase as they are the original vendor who
the City purchased these signs from. A copy of their quote with detailed repair work is attached
for your review.
The City will be responsible for restoring the finish of the finials, base caps and poles and the
installation of the new frames and panels and resetting of existing signs where so noted.
Recommendation:
Purchasing staff recommends approval for award to Guidance Group, as sole source vendor, for
the repairs and/or replacement of damaged "Wayfinder" Signs in the City for an estimated total
cost of $75,996.43. Funding from account code 551-1575-591-45.50 (Insurance - Property
Claims) .
Attachments
Memo From Risk Management
Proposal from Guidance Group
Sign Damage Report
~s-
4,
HURRICANE WILMA
~H.. 4/J,fr/O,=,
-
--
TO:
MEMORA?UM
Jackie Rooney, Purchasing M~rri
Robin Cnx, Insurance spe~Jn:: \
Frank Babin, Risk Manage~
April 21, 2006
FROM:
THROUGH:
DATE:
SUBJECT
~ n ~<J\...
Hurricane Damag;ed Wayfftrer Signs, Various Locations
Hurricane Wilma damaged various wayfarer signs throughout the City. Guidance Group will
replace the signs in the amount of $75,996.43.
Please initiate a requisition in the amount of $75,996.43 to this vendor. A purchase order number
is required before the items can be ordered. The account code to be used is 551-1575-591-45.50.
No departmental deductible is required as this is storm damage.
By copy of this memorandum, I will ask that Jim Schmitz provide me with the original invoice
upon completion ofthe work.
Thank you for your assistance.
Attachment
Cc: Joseph M. Safford, Finance Director
Jim Schmitz, Deputy Director Public Works
Accounts Payable
Steven Boyer, Vice President, GBS
Gene Montfort, Senior Claims Adjuster, GBS
wilma.doc
01(
~~
Guidance
Group
DELRA Y BEACH
HURRICANE DAMAGE
REPORT
,
Is F&/V1~ ~~
/30..J /115 e//~
cf 7~ 77/. J'r-
Guidance
Group
The Guidance Group has compiled this report which
contains photos of the locations where signs were
damaged. Also the best case replacement scenario
to control costs. At he end is a price matrix that lists the
sign number and the corresponding cost associated
with it.
While viewing this information please bear in mind that
Delray Beach is responsible for restoring the finish of
the finials, base caps, and poles. In addition Delray
Beach will also be responsible for the installation of new
frames and panels and resetting of existing signs where
noted.
The legend for the part #'s is as follows:
S01 - Small directional frame and panel
S02 - Small directional panel
L01 - Large directional frame and panel
L02 - Large directional panel
C01 - Complete Replacement, Frame, Panels,
Pole, Finial, Base cap.
WILMA DAMAGE REPORT: DelRay Beach Community - FL.
Delray Beach will reset.
Date: 1.15.06
A ent: K. Norwood
Si n Number 01
Dama e Est. 0
Location: A 1 A across from the end of Linton Blvd
WILMA DAMAGE REPORT: DelRay Beach Community - FL.
Large Directional frame and panels.
Part # L01
Date:
A ent:
Si n Number
Dama e Est.
1.15.06
K. Norwood
02
$2675.00
v
Location: A1A North Bound across from Boston's
Guidance
Group
WILMA DAMAGE REPORT: DelRay Beach Community - FL.
.1
Delray Beach will repaint
Date: 1.15.06
A ent: K. Norwood
Si n Number 03
Dama e Est. 0
Location: A 1 A North Bound across from Luna Rosa's
WILMA DAMAGE REPORT: DelRay Beach Community - FL.
Large directional panels only.
Part # L02
Date:
A ent:
Si n Number
Dama e Est.
1.15.06
K. Norwood
04
$883.06
'1/
Location: A 1 A South Bound at Anchor Park - Side 1
Gulda.ce
GrDUp
WILMA DAMAGE REPORT: DelRay Beach Community - FL.
Date: 1.15.06
A ent: K. Norwood
Si n Number 04
Dama e Est. SEE ABOVE
Location: A 1 A South Bound at Anchor Park - Side 2
WILMA DAMAGE REPORT: DelRay Beach Community - FL.
Large directional panels only.
Part # L02
1.15.06
K. Norwood
06
$883.06
Location: A 1 A South Bound beyond Rhodes Villa Rd - Side 1
Guidance
Group
WILMA DAMAGE REPORT: DelRay Beach Community - FL.
Date: 1.15.06
A ent: K. Norwood
Si n Number 06
Dama e Est. SEE ABOVE
Location: A1A South Bound beyond Rhodes Villa Rd. - Side 2
WILMA DAMAGE REPORT: DelRay Beach Community - FL.
Large directional frame and panels.
Part # L01
Date:
A ent:
Si n Number
Dama e Est.
1.15.06
K. Norwood
08
$2675.00
.I
Location: A1A South Bound approaching Atlantic
Guidance
Group
WILMA DAMAGE REPORT: DelRay Beach Community - FL.
Large directional frame and panels.
Part # L01
Date: 1.15.06
A ent: K. Norwood
Si n Number 09
Dama e Est. $2675.00
Location: A 1 A South Bound approaching Marriott public lot
WILMA DAMAGE REPORT: DelRay Beach Community - FL.
Large directional frame and panels.
Part # L01
1.15.06
K. Norwood
10
$3116.00
Location: Atlantic East Bound in Median after NW 3rd. Ave - Side 1
Gu ne.
Group
WILMA DAMAGE REPORT: DelRay Beach Community - FL.
Date: 1.15.06
A ent: K. Norwood
Si n Number 10
Dama e Est. SEE ABOVE
Location: Atlantic East Bound in the Median after NW 3rd. Ave. - Side 2
WILMA DAMAGE REPORT: DelRay Beach Community - FL.
Large directional frame and panels.
Part # L01
1.15.06
K. Norwood
12
$2675.00
j
Location: Atlantic East Bound approaching NE 5th. Ave.
Guidance
Group
WILMA DAMAGE REPORT: DelRay Beach Community - FL.
Large directional frame and panels.
Part # L01
Date: 1.15.06
A ent: K. Norwood
Si n Number 13
Dama e Est. $3131.00
Location: Atlantic East Bound approaching 8th. Ave
./
WILMA DAMAGE REPORT: DelRay Beach Community - FL.
Complete Replacement - Frame, Panels, Pole, Finial,
Basecap.
.
Part # C01
1.15.06
K. Norwood
14
$3710.95
Location: Atlantic East Bound approaching to 12th. Ave.
WILMA DAMAGE REPORT: DelRay Beach Community - FL.
Date: 1.15.06
A ent: K. Norwood
Si n Number 15
Dama e Est. 0
Location: Atlantic East Bound approaching Bronson
WILMA D~MAGE REPORT: DelRay Beach Community - FL.
Date:
A ent:
Si n Number
Dama e Est.
1.15.06
K. Norwood
16
o
Location: Atlantic East Bound approaching East 7th. Ave.
Guidance
Group
WILMA DAMAGE REPORT: DelRay Beach Community - FL.
Small directional frame and panels.
Part # S01
Date: 1.15.06
A ent: K. Norwood
Si n Number 17
Dama e Est. $2675.00
Location: Atlantic East Bound approaching Gleason
v
WILMA DAMAGE REPORT: DelRay Beach Community - FL.
Large directional panels only.
Part # L02
Date:
A ent:
Si n Number
Dama e Est.
1.15.06
K. Norwood
18
$883.06
Location: Atlantic East Bound approaching NE 1st. Ave.
Guidance
Group
WILMA DAMAGE REPORT: DelRay Beach Community - FL.
Large directional panels only.
Part # L02
Date: 1.15.06
A ent: K. Norwood
Si n Number 19
Dama e Est. $883.06
Location: Atlantic East Bound approaching NE 2nd. Ave.
....
WILMA DAMAGE REPORT: DelRay Beach Community - FL.
Large directional frame and panels.
Part # L01
1.15.06
K. Norwood
20
$3116.00
/
Location: Atlantic East Bound approaching NE 6th Ave - Side 1
LOCATION NOTE: NEAR CORNER OF NE 5th.
Gu ce
Group
WILMA DAMAGE REPORT: DelRay Beach Community - FL.
\
Date: 1.15.06
A ent: K. Norwood
Si n Number 20
Dama e Est. SEE ABOVE
Location: Atlantic East Bound approaching NE 6th. Ave - Side 2
WILMA DAMAGE REPORT: DelRay Beach Community - FL.
Small directional panels only.
Part # S02
1.15.06
K. Norwood
22
$883.06
v
Location: A1 Atlantic East Bound approaching NW 3rd. Ave - Side 1
Guldanc,.
Group
WILMA DAMAGE REPORT: DelRay Beach Community - FL.
Date: 1.15.06
A ent: K. Norwood
Si n Number 22
Dama e Est. SEE ABOVE
Location: A1 Atlantic East Bound approaching NW 3rd. Ave - Side 2
WILMA DAMAGE REPORT: DelRay Beach Community - FL.
Large directional frame and panels.
Part # L02
Date:
A ent:
Si n Number
Dama e Est.
1.15.06
K. Norwood
24
$2675.00
,./
Location: Atlantic West Bound at Marriott Hotel Entrance.
Guidance
Group
WILMA DAMAGE REPORT: Delray Beach Community - FL.
Small directional frame and panels.
Part # S01
Date:
A ent:
Sign Number
Dama e Est.
1.15.06
K. Norwood
25
$2503.00
Location: Atlantic West
Bound approaching 12th. Ave.
WILMA DAMAGE REPORT: DelRay Beach Community - FL.
Small directional frame and panels.
Part # S01
Date:
A ent:
Si n Number
Dama e Est.
1.15.06
K. Norwood
26
$2503.00
.J
Location: Atlantic West Bound approaching E 7th. Ave - Side 1
Gul ce
Group
WILMA DAMAGE REPORT: DelRay Beach Community - FL.
Date: 1.15.06
A ent: K. Norwood
Si n Number 26
Dama e Est. SEE ABOVE
Location: Atlantic West Bound approaching E 7th. Ave. - Side 2
WILMA DAMAGE REPORT: DelRay Beach Community - FL.
.Large directional panels only.
Part # L02
Date:
A ent:
Si n Number
Dama e Est.
1.15.06
K. Norwood
28
$883.00
""'
Location: Atlantic West Bound approaching NE 4th. Ave - Side 1
Guidance
Group
WILMA DAMAGE REPORT: DelRay Beach Community - FL.
Date: 1.15.06
A ent: K. Norwood
Si n Number 28
Dama e Est. SEE ABOVE
Location: Atlantic West Bound approaching NE 4th. Ave. - Side 2
WILMA DAMAGE REPORT: DelRay Beach Community - FL.
Large directional frame and panels.
Part # L01
Date:
A ent:
Si n Number
Dama e Est.
1.15.06
K. Norwood
30
$2503.00
Location: Atlantic West Bound approaching NW 1st. Ave. - Side 1
Guidance
Group
WILMA DAMAGE REPORT: DelRay Beach Community - FL.
Date: 1.15.06
A ent: K. Norwood
Si n Number 30
Dama e Est. SEE ABOVE
Location: Atlantic West Bound approaching NW 1st. Ave. - Side 2
WILMA DAMAGE REPORT: DelRay Beach Community - FL.
Small directional panels only.
Part # S02
Date:
A ent:
Si n Number
Damage Est.
1.15.06
K. Norwood
32
$883.00
Location: Atlantic West Bound approaching NW 3rd. Ave. - Side 1
Guidance
Grou
WILMA DAMAGE REPORT: DelRay Beach Community - FL.
Date: 1.15.06
A ent: K. Norwood
Si n Number 32
Dama e Est. SEE ABOVE
Location: Atlantic West Bound approaching NW 3rd. Ave. Side 2
WILMA DAMAGE REPORT: DelRay Beach Community - FL.
Large directional frame and panels.
Part # L01
Date:
A ent:
Si n Number
Dama e Est.
1.15.06
K. Norwood
34
$2675.00
v""
Location: Atlantic West Bound approaching Tracks
Guidance
Group
WILMA DAMAGE REPORT: DelRay Beach Community - FL.
Large directional panels only.
Part # L02
1.15.06
K. Norwood
35
Dama e Est. $2675.00
Location: Atlantic West Bound approaching W 5th. Ave.
WILMA DAMAGE REPORT: DelRay Beach Community - FL.
Large directional frame and panels.
Part # L01
Date:
A ent:
Si n Number
Dama e Est.
1.15.06
K. Norwood
36
$2675.00
./
Location: E 7th North Bound approaching NE 1st.
Guidance
Grou
WILMA DAMAGE REPORT: DelRay Beach Community - FL.
Delray Beach Will Paint
~ ,
>f
Date:
A ent:
Si n Number
Dama e Est.
Location: Ingraham Lot entrance off A1A.
WILMA DAMAGE REPORT: DelRay Beach Community - FL.
Large directional frame and panels.
Part # L01
Date:
A ent:
Si n Number
Dama e Est.
1.15.06
K. Norwood
38
$3131.00
......'
Location: N 1st Ave East Bound approaching N Swinton.
Guidance
Grou
WILMA DAMAGE REPORT: DelRay Beach Community - FL.
Large directional frame and panels.
Part # L01
Date: 1.15.06
A ent: K. Norwood
Si n Number 39
Dama e Est. $2675.00
Location: N 1st Ave West Bound approaching N. Swinton.
\...-'
WILMA DAMAGE REPORT: DelRay Beach Community - FL.
Date:
A ent:
Si n Number
Dama e Est.
1.15.06
K. Norwood
40
o
Location: N Swinton South Bound approaching SW 1st.
Guidance
Grou
WILMA DAMAGE REPORT: DelRay Beach Community - FL.
Large directional frame and panels.
Part # L01
Date: 1.15.06
A ent: K. Norwood
Si n Number 41
Dama e Est. $2675.00
Location: NE 1st. East Bound approaching East 7th.
v
WILMA DAMAGE REPORT: DelRay Beach Community - FL.
Small directional panels only.
Part # S02
Date:
A ent:
Si n Number
Dama e Est.
1.15.06
K. Norwood
42
$883.00
./
Location: US1 North Bound prior to Atlantic.
Guidance
Group
WILMA DAMAGE REPORT: DelRay Beach Community - FL.
Small directional frame and panels.
Part # S01
Date: 1.15.06
A ent: K. Norwood
Si n Number 43
Dama e Est. $2503.00
Location: US 1 North Bound just beyond Atlantic.
../
WILMA DAMAGE REPORT: DelRay Beach Community - FL.
Small directional frame and panels.
Part # S01
Date:
A ent:
Si n Number
Dama e Est.
1.15.06
K. Norwood
44
$2503.00
Location: US 1 approaching North Bound to SE 1st. St.
Guidance
Grou
WILMA DAMAGE REPORT: DelRay Beach Community - FL.
Delray Beach will Reset
1.15.06
K. Norwood
45
Dama e Est. 0
Location: US 1 South Bound approaching George Bush Blvd.
WILMA DAMAGE REPORT: DelRay Beach Community - FL.
NO IMAGE
AVAILABLE
Complete replacement, frame, panels, pole, finial, base
caps
Part # C01
1.15.06
K. Norwood
46
$4464.00
J
Location: A1A South Limit
Guidance
Group
WILMA DAMAGE REPORT: DelRay Beach Community - FL.
Large directional frame and panels.
Part # L01
NO IMAGE
AVAILABLE
Location: MLK - N.E. 2nd and 10th.
1.15.06
K. Norwood
47
$2675.00
J'
WILMA DAMAGE REPORT: DelRay Beach Community - FL.
NO IMAGE
AVAILABLE
Date:
A ent:
Si n Number
Dama e Est.
1.15.06
K. Norwood
48
o
Location: Atlantic at 95
Guidance
Group
WILMA DAMAGE REPORT: DelRay Beach Community - FL.
Sign is missing.
A total loss.
NO IMAGE
AVAILABLE
Location: Atlantic and 12th.
1.15.06
K. Norwood
49
$3648.00
'----u
AGENDA ITEM NUMBER: ~lt.S
AGENDA REQUEST
Request to be placed on: May 02, 2006
Date: April 26, 2006
~ Consent Agenda _ Special Agenda _ Workshop Agenda
Description of agenda item:
Approval for award to Guidance Group for the repairs and/or replacement of damaged
"Wayfinder" Signs in several locations throughout the City of Delray Beach due to damage from
Hurricane Wilma for the total estimated amount of $75,996.43.
ORDINANCE/RESOLUTION REQUIRED:
Draft Attached:
YES
YES
NO
NO
Recommendation:
Approve award to Guidance Group, as sole source vendor, for the repairs and/or replacement of
"Wayfinder" Signs in several locations throughout the City of Delray Beach damaged by Hurricane
Wilma for the totarestimated amount of $75,996.43.
Funding from account code 551-1575-591-45.50 (Insurance - Property Claims).
Department Head Signature, ~ . '~~
'\ "-
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all ite s involving expenditure of funds):
Funding availabl : "\' 2""\ o"NO
Funding alternatives:
(if applicable)
Account Number:
Account Description:
Account Balance:
City Manager Review: ~
Approved for agenda: B No
Hold Until: _
Agenda Coordinator Review:
Received:
Action:
Approved
Disapproved
MEMORANDUM
FROM:
David T. Harden, City Manager
Jacklyn Rooney, Purchasing Manager ~
Joseph Safford, Finance Director
TO:
THROUGH:
DATE:
April 27, 2006
SUBJECT:
DOCUMENTATION - CITY COMMISSION MEETING
MA Y 02, 2006 - A WARD TO CASTLE FLORIDA
GENERAL CONTRACTOR FOR THE REPAIRS OF
INTERIOR AREAS OF CASON COTTAGE
DAMAGED DURING HURRICANE WILMA
Item Before Commission:
City Commission is requested to approve award to Castle Florida General Contractor for repairs
to Cason Cottage for the amount of $24,000 per the attached quotes received and memo from
Risk Management dated April 27, 2006.
Background:
Cason Cottage was damaged during Hurricane Wilma. Castle Florida General Contractor has
submitted a proposal for the interior repairs to remove and replace existing drywall in ceilings
and re-plaster walls, and re-painting per attached proposal dated April 17,2006 for the total cost
of $24,000.
Quotes were requested by Building Maintenance, and four (4) responses were received. The
second low bidder submitted a quote for $29,500 and two (2) "no bids" were received.
A copy of all quotes received are attached for your review.
Recommendation:
Purchasing staff recommends award to Castle Florida General Contractors for the necessary
repairs at Cason Cottage due to damage from Hurricane Wilma for the total amount of $24,000.
Funding from account code 551-1575-591-45.50 (Insurance - Property Claims).
Attachments
Memo From Risk Management
Proposal from Castle Florida General Contractor
~lAlo
HURRICANE WILMA
MEMORANDUM
TO: Jackie Rooney, Purchasing Manager
FROM: Frank Babin, Risk Manager
DATE: April 27, 2006
SUBJECT: Hurricane Damaged Interior at Cason Cottage
Hurricane Wilma damaged the interior of Cason Cottage. Castle Florida General Contractors
will repair the interior in the amount of $24,000.
Please initiate a requisition in the amount of $24,000 to Castle Florida General Contractors. A
Purchase order number is required before the work can begin. The account code to be used is
551-1575-591-45.50. No departmental deductible is required as this is storm damage.
By copy of this memorandum to Clayton Gilbert, I will ask that he provide the original invoice
upon completion of the repair work.
Quotes were requested from four (4) vendors, and the low bid received was from Castle Florida
General Contractors for the total of $24,000. Second low bid was from Boyd Stuart Boggess for
$29,500 and the remaining two responses received were "No Bid". Copies are attached for your
reVIew.
Thank you for your assistance.
Attachments
CC: Joseph M. Safford, Finance Director
Clayton Gilbert, Building Maintenance Superintendent
Accounts Payable
Steven Boyle, Vice President, GBS
Gene Montfort, Senior Claims Adjuster, GBS
CASTLE
GENERAL CONTRACTOR
150 N. Swinton Avenue-Suite 100 . Delray Beach, FL 33444 . 561.272.1207
e-mail: castle@castleflorida.com . www.castleflorida.com . Fax: 561.272.0117
FLORIDA
PROPOSAL
April 17th, 2006
Mr. Clayton Gilbert
Building Maintenance Superintendent
434 South Swinton, Ave
Delray Beach, Florida 33444
Re: Cason Cottage
5 NE 1sT Street
Delray Beach Florida 33444
Castle Florida Building Corp. is pleased to submit this proposal for the interior repair for the
Cason Cottage. Castle Florida proposes to provide all supervision, labor and materials required
'for the sum of Twenty- Four-Thousand 00/1 00 ($24,000.00) according to the specific scope of
work as stated:
Scope of work:
Main Livin!! Room: Remove light fixture. Remove existing drywall ceiling, replace
drywall ceiling, tape and finish. Paint ceiling. Re-install
light fixture.
South East Bedroom: Remove light fixture. Remove plaster ceiling, and re-plaster ceiling.
Remove peeling plaster on East upper wall and repair. Paint ceiling
and upper wall. Re-installlight fixtUre.
South East Bathroom: Remove light fixture. Remove plaster ceiling and damaged wall area.
Re-plaster ceiling and wall. Paint entire bathroom, Re-installlight
fixture.
East Bedroom:
Remove light fixture. Remove existing drywall ceiling, replace
drywall ceiling, tape and finish. Paint ceiling. Re-installlight
fixture.
East Bathroom:
Remove light fixture. Remove plaster ceiling, and damaged lower wall
Re-plaster ceiling and damaged wall. Paint entire bathroom. Re-Install
light fixture.
Remove light fixture. Remove drywall ceiling, replace drywall
ceiling, tape and finish. Paint ceiling. Re-installlight fixture.
NE Bedroom:
Hallwav:
Remove drywall ceiling, replace drywall ceiling, tape and finish.
Paint hallway ceiling.
Laundry Room:
Remove light flXture. Remove drywall ceiling, replace drywall ceiling,
tape and finish. Paint ceiling. Re-installlight fixture.
Kitchen:
Remove light fixture. Remove drywall ceiling, replace drywall ceiling,
tape and finish. Paint ceiling. Re-installlight fixture.
Eatin2 Area:
Remove light fixture. Remove drywall ceiling, replace drywall ceiling,
tape and finish. Paint ceiling. Re-installlight fixture.
Fover:
Remove light flXture. Remove drywall ceiling, and replace drywall
ceiling, tape and finish. Paint ceiling. Re-installlight fixture.
1. Provide and install all temporary measures required during construction to maintain a
safe and protected construction area.
2. Provide temporary job toilet and dumpsters for job use.
3. Water and electric to be supplied by owner.
4. Complete protection of floors and walls.
5. Completion time estimated at 60 working days
These items are allowances
· Permits
. Wallpaper
$ 300.00
$ 1,100.00
Items not included in Bid:
1. Architect/Engineer
2. Asbestos, mold remediation
3. AlC duct work, testing or balancing
4. MechanicaVElectrical/Plumbing
5. Historical Society to move furniture, pictures, and accessories
Alternative: A savings of $5,000.00 could be given, if we clean, prep., patch, seal, and
re~paint all these areas.
We at Castle Florida Building Corporation strive to give back to the community, please take a
look at the job cost breakdown sheet and you will see we did not charge for overhead and profit
for this proj ect. If I can be of any further assistance, please feel free in contacting me.
.~~
John Suteu
Vice President of Construction
Castle Florida Building Corp
~
CASTLE FLORIDA Building Corp.
Budget Estimate
JOB NAME: CASON COTTAGE 17-Apr-06
CODE DESCRIPTION ESTIMATE
01.03- Insurance 200.00
01.04- Truck/Gasllnsurance N/A
01.05- Administrative expenses 150.00
01.10- Architect N/A
01.11- Engineer N/A
01.19- Blueprints/Plans N/A
01.20- Surveys N/A
01.30- Soil Testing N/A
01.50- Permits-ALLOWANCE-IF NEEDED 300.00
01.60- Dumpster Rental 350.00
01.61- Portable Toilet Rental 250.00
01.62- Temporary Fencina N/A
01.65- EQuipment Rental N/A
01.80- Construction clean UP 350.00
01.90- Supervision 2,500.00
01.91- Casual Labor 450.00
01.95- Protection 1,200.00
06.10- Drywall/ Plasterina 16,800.00
06.20- Finish carpentry N/A
06.30- Lumber/Materials N/A
09.10- Drvwall subcontractor IN 6.10
09.50- Stucco N/A
09.90- Paintina subcontractor IN 6.10
12.40- Wallpaper - ALLOWANCE 1,100.00
15.10- Plumbing N/A
15.20- HV AC subcontractor N/A
16.10- Electrical 350.00
16.20- LiahtinalFans N/A
Sub-Total 24,000.00
50.00- Overhead 10 % -
50.10- Profit 5% -
TOTAL 24,000.00
CASTLE
FLORIDA
150 N. Swinton Avenue-Suite 100 . Delray Beach, FL 33444 . 561.272.1207
e-mail: cast/e@cast/eflorida.com . www.cast/eflorida.com . Fax: 561.272.0117
GENERAL CONTRACTOR
April 17th, 2006
Mr. Clayton Gilbert
Building Maintenance Superintendent
434 South Swinton Ave.
DelrayBeach, Florida 33444
Dear Mr. Gilbert,
As you may be aware Castle Florida Building Corporation has been doing business for
the past 30 years, and has an excellent relationship with the City of Delray Beach. Castle
Florida Building Corporation has been involved with the annual Christmas tree assembly,
including the construction of the "Santa's House" this has been an on going event for us
for many years. We also, were involved with the interior and exterior reconstruction of
the Spady Museum, and our recent project involved the Masonic Building exterior re-
stuccoing and painting. So as you can see we have the professionalism and experience
that is needed for any project.
~~
John Suteu
Vice President of Construction
Castle Florida Building Corp.
J
PROPOSAL
I
Proposal No. 01
Boyd Stuart Boggess
License #CGC60433
Custom Woodwork, Construction Management
777 E. Atlantic Ave. Suite Z #227 Delray Beach, FL 33483 (561) 245-1193
Sheet No.Ol
n",t", ~ ....~ "'^^/
Proposal Submitted To
Name City ofDelray Beach
Street 434 S. Swinton Ave.
City Delray Beach
State Fl. 33444
Telephone Number 561.243.7339 Attn: Clayton
Work To Be Performed At
Street Cason Cottage
City Delray Beach
State Fl. 33483
Date of Plans
Architect
We hereby propose to furnish the materials and perform the labor necessary for the completion of
Restoration ofhurrlcane damage
General Notes : All ceiling and wall work is to be removed and replaced with like material ( i.e. Drywall replaced
with drywall and plaster replaced with aqua board and veneer plaster ). All exposed framing shall be
insulated with best quality allowed by space. All finished walls and ceilings are to be painted with
kHz stain blocker primer and 2 coats premium quality paint All trim in related areas is to be removed
and reinstalled prior to paint. ( custom or remade trim to be billed as extra work).Structural or load bearing
work is not included and shall be performed with extra work orders and a structural engineer approved
..
plan. All areas under work are to be protected with drop cloths and plastic- furniture is to be moved and
covered as stages of work progress. Work is to be done in stages and in order directed by management
and paint shall not be applied until all plaster/drywall work is complete. Colors and quality of paint is to be of
premium grade.
All material is guaranteed to be as specified, and the above work to be performed in accordance with the drawings and
specifications submitted for above work and completed in a substantial workmanlike manner for the sum of
Dollars ($ )
With payments to be made as follows:
Any alteration or deviation from above specifications involving extra cost Respectfully submitted
will be executed only upon written order, and will become an extra charge
over and above the estimate. All agreements contingent upon strikes, acci-
dents, or delays beyond our control Venue for any litigation necessary to enforce
this contract shall be Palm Beach County, Florida Owner agrees to reimburse
Contractor for any and all expenses he incurs as a resuh oflitigation or legal
proceeding he pursues to enforce this contract, including but not limited to,
attorney's fees and court costs.
Per
Note: This proposal may be withdrawn if not
accepted within days
ACCEPTANCE OF PROPOSAL
The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as
specified. Payments will be made as outlined above.
Signature
Date
Signature
( )Past Due Accounts will be charged at 1.5% per month.
r
License #CGC060433
We ~~reb:9 propose to furnish the materials and perform the labor necessary for the completion of
· 0
Cason Cottage page 2
General Notes Continued: Mold treatment is not included in any form. Specific areas of work are as follows.
Exterior: S.E. Area with water damage is to be replaced with custom siding up to 100 sq. ft.
No structural work is included but custom made siding in cypress is included. Water damaged
sheathing is to be replaced and insulation shall be installed where possible.
Living Room: Drywall repair ceiling
Minister's Study: Plaster ceiling and wall repair
Dining Room: PlasterlDrywall repair ceiling
Bathroom : Ceiling and entire south wall Plaster repair
Nursery : plaster ceiling repair
Kitchen : plaster ceiling repair
Mudroom! Kitchen: plaster ceiling repair ( note : repair is to be taken to frame work not bonded to existing damage)
All material is guaranteed to be as specified, and the above work to be performed in accordance with the drawings and
, specifications submitted for above work and completed in a substantial workmanlike manner for the sum of
) , Dollars ($ 29,500.00 )
, With payments to be made as follows: 25% upon signing 25% upon commencement 25% upon completion of plaster/drywall
25% upon completion
Any alteration or deviation from above specifications involving extra cost Respectfully submitted
will be executed only upon written order, and will become an extra charge
over and above the estimate. AJI agreements contingent upon strikes, acci-
dents, or delays beyond our control Per
Note - This proposal may be withdrawn
by us if not accepted within days
ACCEPTANCE OF PROPOSAL
The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as
specified. Payments will be made as outlined above.
Signature
Date
(I
, -'
/ Past Due, Accounts will be charged at 1.5% per month.
Signature
City of Delray Beach
Maintenance Division
To: Randoph & Oewdney From: Clayton Gilbert
Building Maint. Superintendent
434 South Swinton Ave.
Delray Beach, FLA 33444
Tel: 276-2889 Tel: (561) 243-7339
Fax: 279-4885 Fax: (561) 243-7314
The City has a small historical building (Cason Cottage) that had roof damage from the hurricane, which
in turn allowed water inside of the building, causing damage to the ceilings and walls.
Some of the damaged area is drywall. and other areas are plaster.
(The roof ha" been repaired)
If you are interested in looking at this & quoting on the interior repairs, please contact me no later than
April 14th, 2006.
Thank you.
Clayton Gilbert
ailbert@ci.delrav-beach.f1.us
J 0 JZesfOYl$e..
cf}
~#G..50'(l
C (:) it- zcyt..
-
Fi~CEIVED
. ." f 7 2m"l~
I ' ,.,-,U\.l
e,...'
, ", joW ~1 M ,'< ,""".' t"'.' ~.,
, ,,~ ~ I'-i ?:l+~ ~"~: t: n
~~~
City of Delray Beach
Maintenance Division
To:
BSA
From:
Clayton Gilbert
Building Maint. Superintendent
434 South Swinton Ave.
Delray Beach, FLA 33444
Bill Branning
Tel:
272-6350
Tel:
(561) 243-7339
(561) 243-7314
Fax:
272-7440
Fax:
The City has a small historical building (Cason Cottage) that had roof damage from the hurricane, which
in tum allowed water inside of the building, causing damage to the ceilings and walls.
Some of the damaged area is drywall, and other areas are plaster.
(The roof has been repaired)
If you are interested in looking at this & quoting on the interior repairs, please contact me no later than
April 14th, 2006.
Thank you,
Clayton Gilbert
ailbert@cLdelrav-beach.fl.us
ND
~~~
~
4/1012006 13:43
AGENDA ITEM NUMBER:
<6lA.~
AGENDA REQUEST
Request to be placed on: May 02, 2006
Date: April 27, 2006
..M- Consent Agenda _ Special Agenda _ Workshop Agenda
Description of agenda item:
Approval for award to Castle Florida General Contractor for repairs to Cason Cottage due to
Hurricane Wilma for the amount of $24,000 per attached quotes received and memo from Risk
Management dated March 27,2006.
ORDINANCE/RESOLUTION REQUIRED:
Draft Attached:
YES
YES
NO
NO
Recommendation:
Approve award to Castle Florida General Contractor for repairs to Cason Cottage for the amount
of $24,000 per attached quotes received for damage due to Hurricane Wilma.
Funding from account code 551-1575-591-45.50 (Insurance - Property Claims).
Department Head Signature:~ ~~
\.
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
, yo \ ~l & \.
Funding available~ No
Funding alternatives:
(if applicable)
5 sl- 15'/5 51/ y<:;, 5~o
n ,~(\ 1 '
Account Description: V A".(,~ /~"--~~ ,
Account Balance: (~-3 <) L>) 6") 7 ( ~J.^-- t~ ~v
City Manager Review: ) .rw~ (}~~~ )
Approved for agend@---f"----t- No
Hold Until: '
Account Number:
Agenda Coordinator Review:
Received:
Action:
Approved
Disapproved
MEMORANDUM
FROM:
David T. Harden, City Manager
Guy Buzzelli, CIO 65
Joe M. saffor~tor of Finance
TO:
THROUGH:
SUBJ ECT:
Police Firewall and T1 Solution
DATE:
April 26, 2006
ACTION
We are requesting City Commission approval to purchase the following from PCUniverse:
o Cisco PIX-525-UR Bundle
o Cisco PIX-525-FO Bundle
o Cisco 4-Port 10/100 Fast Ethernet Card
o 1000 Base SX Shortwave Length GBIC
o Cisco Smartnet Maintenance 24x7x4 (Cisco PIX-525-UR-GE-BUN)
o Cisco Smartnet Maintenance 24x7x4 (Cisco PIX-525-FO-GE-BUN)
o Fiber Optic Jumpers
Funding for this purchase is as follows:
Account Code
001-2113-521-64-11
Amount Total
$ 18,248.00
INFORMATION
Police firewall connections are currently intermixed with City Hall firewall connections for various forms of
network connectivity including the Internet. These connections have taxed the City firewall to its maximum
usage, hindering police security. The police need data to be transmitted in a secure fashion to and from
the various sources on the Internet. A secondary firewall located at the police station will allow for future
security expansion along with a redundant path to the internet. Also, a separate T1 Internet connection
would assure that only Police data would travel through their internal network to TeleStaff, PocketCop,
Edge and VPN from other municipalities. With a larger firewall and a separate T1 connection, current
applications will function in a secure manner while providing the ability to respond to a pattern of
increased growth in applications and network connectivity. Also, allowing IT to add security modules
without bringing down City Hall operations.
RECOMMENDATION
IT recommends purchasing the PIX hardware for the Police firewall from PCUniverse. Compared to the
quotes from other vendors (Attached), PCUniverse offers the best rates.
Please forward this information to the City Commission for their review and approval.
Encl: Vendor Quotes
cc: Candice Ewing, Administrative Assistant
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AlOOO Network Solutions, Inc.
4~
Network Solutions. Inc.
235 Goolsby Blvd.
Deerfield Beach, Florida 33442
(954) 363-8008
(954) 421-5572 Facsimile
Riehard Hillman
richard@a2000ns.colT
Customer:
Quote # 50022001-1
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL. 33444
Ed Del Portillo
21811006
PIX 525 Firewall
Product Description Quantitv Unit Price Total Price
State Contract # 250-000-03-1
PIX-525-UR-GE-BUN Cisco PIX 525-UR Bundle, Unrestricted Softwan 1 $ 9,365.00 $ 9,365.00
2 GE Ports and VAC
PIX-525-FO-GE-BUN Cisco PIX 525-FO Bundle, Failover Softwal\ 1 $ 4,020,00 $ 4,020.00
2 GE Ports and VAC
PIX-4FE-66 Cisco 4-Port 10/100 Fast Ethernet Card 2 $ 670.00 $ 1,340,00
WS-G5484 1000 Base SX Shortwave length GBIC, Mulimode Onl 4 $ 330,00 $ 1,320.00
CON-SNTP-PIX525GE Cisco Smartnet Maintenace 24X7X4 hour Hardwar 1 $ 2,600,00 $ 2,600.00
Replacement. One Yea
CON-SNTP-PIX525FO Cisco Smartnet Maintenace 24X7X4 hour Hardwar 1 $ 905.00 $ 905.00
Replacement. One Yea
Fiber Optic Jumpers, Multimode Duplex, SC-SC, 3 Mete 4 $ 30,00 $ 120.00
Professional ServiCE Installation and Configuration Services for Firewall 1 $ 400.00 $ 400.00
4 Hours
SubTotal $ 20,070.00
Sales Tax $ -
Total $ 20,070.00
CIICD SunMI
-"
I' ^ It "1" N I~ M
PA~'....rA r.rATU~I"n
2/812006
Del Portillo, Ed
From:
Sent:
To:
Subject:
mikezor@cdwg.com
Wednesday, February 08, 2006 11 :22 AM
Reynolds, Jennifer
CDW-G Quote BDK6925
here is your updated quote...
Thanks,
Mike Zorica
JENNIFER REYNOLDS
This e-mail best viewed in a fixed font such as Courier.
Thank you for choosing CDW-G for your computing needs. Following are the details of your
quote.
Quote Date:
Quote Number:
P.O. Number:
Customer#:
2/07/2006
BDK6925
CISCO PIX
5579084
QUOTE
Payment Terms: Request Terms
Shipped Via: UPS Ground
QTY ITEM
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
EXT. PRICE
2 517457
1 486091
1 486092
1 143022
1 137978
4 532876
4 141751
Subtotal
Freight
Sales Tax
Total
DESCRIPTION /MFG. PART NUMBER UNIT PRICE
CISCO PIX 66-MHZ FOUR-PORT 10/100 615.00
CS1-PIX-4FE-66=
Contract: GOVERNMENT BACK END
CISCO PIX 525 CHASSIS 8500.00
CS1-PIX-525-UR-GE-BUN
Contract: GOVERNMENT BACK END
CISCO PIX 525 CHASSIS FAILOVER SW 3700.00
CS1-PIX-525-FO-GE-BUN
Contract: GOVERNMENT BACK END
CISCO E-SMARTNET ONSITE 24X7X4 CAT12 3150.00
CSV-CON-OSP-PKG12
Contract: GOVERNMENT BACK END
CISCO E-SMARTNET ONSITE 24X7X4 CAT7 1125.00
CSV-CON-OSP-PKG7
Contract: GOVERNMENT BACK END
TRIPP FIBER SC/SC DUPLEX MICRO 3M 23.00
TCA-N506-03M
Contract:
CISCO CATALYST 1000BSX MM GBIC MOD 315.00
CIS-WS-G5484=
Contract:
19,057.00
.00
.00
19,057.00
1
1230.00
8500.00
3700.00
3150.00
1125.00
92.00
1260.00
AGENDA REQUEST
AGENDA ITEM NUMBER: ~\.A...~
Request to be placed on:
Date:
April 26, 2006
X Consent Agenda
Special Agenda
Workshop Agenda
When:
May 2, 2006
Description of agenda item: Approval to purchase PIX hardware for the Police firewall to
include unrestricted software,Jailover software, an ethernet card, maintenance and fiber optic cables,
in the amount of $18,248 coming from account number 001-2113-521-64.11.
NO
NO
x
ORDINANCE/RESOLUTION REQUIRED:
Draft of Resolution Attached:
YES
YES
Recommendation:
Approval is recommended by Finance Director and CIO.
Department Head Signature:
~"~~A
Determination of Consistency with Comprehensive Plan: N7
City Attorney Review/Recommendation (if applicable): N/A
Budget Director Review
(required on all items involving expenditure of funds):
Funding available:
Yes
.$>
X
No
Funding alternatives (if applicable):
Account Number:
Account Description:
Account Balance:
f 3t13~O tfLnlolo
City Manager Review:
Approved for Agenda:
8
~
No
Hold Until:
Agenda Coordinator Review:
Received:
Action:
Approved:
Disapproved:
P.O. #
FROM:
DAVID T. HARDEN, CITY MANAGER tvl J- 'J1~
MARK MCDONNELL, ASSISTANT~ DCTOR OF PLANNING AND ZONING
JAMES G. CAIN, SENIOR PLANNE C
t
MEETING OF MAY 2, 2006
TWO CONDITIONAL USE REQUESTS FOR VILLAGE PARC TO (1) ALLOW
THE CONSTRUCTION OF 104 TOWNHOME UNITS WITHIN SIXTEEN (16)
BUILDINGS (STAND ALONE RESIDENTIAL DEVELOPMENT), AND (2) TO
ALLOW AN INCREASE IN THE RESIDENTIAL DENSITY IN EXCESS OF 12
DWELLING UNITS PER ACRE (17.8 PROPOSED) PURSUANT TO LOR
SECTION 4.7 WORKFORCE HOUSING.
c?;\
{1Jv\
TO:
THRU:
SUBJECT:
The property is the 7.81-acre site of the indoor/outdoor retail facility known as Delray's Lost Drive-
In/Swap Shop.
The new development proposal includes the demolition of the existing structures and construction
of 104 Townhome units as a stand alone residential component along the eastern portion of the
site. The western portion along Federal Highway will contain three buildings (two mixed use and
one office building). The two mixed use buildings will contain ground floor retail uses in the south
and central buildings (6,013 and 9,325 square feet) and residential uses above (10 units on floors
2 and 3 in the south building, and 20 units on floors 2,3, & 4 in the central building). The northern
6,825 square foot office building will contain office uses on all three floors.
The first conditional use request is to allow for the construction of 104 townhome units in sixteen
(16) buildings as a stand alone residential development in the General Commercial (GC) Zoning
District per Land Development Regulations Section 4.4.9 (D) (11). The second conditional use
request is for an increase in density between 12 and 18 units per acre (17.81 dwelling units per
acre) subject to the provisions of Article 4.7 (Family/Workforce Housing) in LOR Section
4.4.9(0)(19). The two conditional use requests are now before the City Commission for
consideration.
At its meeting of April 17, 2006, the Planning and Zoning Board held a public hearing in
conjunction with the request. After discussing the proposal, the Board unanimously voted 7-0 to
recommend approval to the City Commission for the two conditional use requests to (1) allow the
construction of 104 free-standing multiple family residential units (townhomes); and (2) to allow a
density in excess of twelve (12) units per acre (17.8 du/ac proposed) subject to the provisions of
Article 4.7 "Family Workforce Housing" for Village Parc, by adopting the findings of fact and law
contained in the staff report, and finding that the request is consistent with the Comprehensive
Plan and meets criteria set forth in Section 2.4.5(E)(5), 4.4.6(1)[Performance Standards], Article
4.7[Workforce Housing], Section 4.4.9[General Commercial District], Section 4.4.6[Medium
Density Residential District], and Chapter 3 of the Land Development Regulations, subject to the
6 conditions of approval noted on pa~e 11 of the attached Planning and Zoning staff report dated
April 17, 2006 and an additional 7 condition from the Planning & Zoning Board that: "All
existing access right-ot-ways to adjacent properties in regards to means ot egress be
maintained in all phases ot the project construction." Additional background and an analysis
of the Conditional Use requests are found in the attached Planning and Zoning Board staff report.
qf\
City Commission Documentation
Meeting of May 2, 2006
Village Parc
Approve the two conditional use requests to (1) allow the construction of 104 free-standing
multiple family residential units (townhomes); and (2) to allow a density in excess of twelve (12)
units per acre (17.8 du/ac proposed) subject to the provisions of Article 4.7 "Family Workforce
Housing" for Village Parc, by adopting the findings of fact and law contained in the staff report,
and finding that the request is consistent with the Comprehensive Plan and meets criteria set
forth in Section 2.4.5(E)(5), 4.4.6(1)[Performance Standards], Article 4.7[Workforce Housing],
Section 4.4.9[General Commercial District], Section 4.4.6[Medium Density Residential District],
and Chapter 3 of the Land Development Re~ulations, subject to the conditions identified in the
staff report of April 17, 2006 and an added 7 condition that: All existing access right-of-ways
to adjacent properties in regards to means of egress be maintained in all phases of the
project construction."
Attachment:
Planning and Zoning Staff Report of April 17, 2006
2
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
CONDITIONAL USE REQUEST FOR VILLAGE PARC
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. This conditional use request has come before the City Commission on
May 2, 2006.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the conditional use request for Village
Parco All of the evidence is a part of the record in this case. Required findings are
made in accordance with Subsections I and II.
I. COMPREHENSIVE PLAN
a. Comprehensive Plan - Future Land Use Element Objective A-1/Future
Land Use Map: Is the property developed/redeveloped so that the future use and
intensity is appropriate in terms of soil, topographic, and other applicable physical
considerations, is complementary to adjacent land uses, and fulfills remaining land use
needs and is consistent with the Land Use Map?
Yes No
b Concurrency: Objective B-2 of the Land Use Element of the
Comprehensive Plan requires that development not exceed the ability of the City to
fund and provide, or to require the provision of, needed capital improvements for the
following areas:
Are the concurrency requirements met as respect to water, sewer,
drainage, streets and traffic, parks, open space, solid waste and
schools?
Yes
No
c. Consistency: Will the granting of the conditional use be consistent
with and further the goals and policies of the Comprehensive Plan?
Yes No
II. LDR REQUIREMENTS:
a. LDR Section 2.4.5{E) Required Findinas: (Conditional Use): Pursuant
to Section 2.4.5(E)(5), in addition to provisions of Chapter 3, the conditional use will not:
I. Have a significantly detrimental effect upon the stability of the
neighborhood within which it will be located;
ii. Hinder development or redevelopment of nearby
properties.
Will Section 2.4.5(E)(5) be met?
Yes No
b. REQUIRED FINDINGS RELATING TO DENSITY INCREASE:
LDR Section 4.4.9(D)(11) GC (General Commercial) Zoning District and LDR
Section 4.4.6(1) Performance Standards apply and are attached hereto.
Are the performance standards in Sections 4.4.9(D)(11) met?
Yes No
Are the performance standards in Section 4.4.6(1) met?
Yes No
c. Required Findinas Relatina to Provision of Workforce Housina.
i. LDR Section 4.7.3 - Provision of Workforce Housing Units:
Developers will be awarded density bonus units (additional market rate
units), beyond the base number allowed per existing zoning ordinance after
performance standards have been met, as an incentive to provide affordable
housing units, subject to the limits and requirements of this chapter. The bonus
allowances are set forth in Table 1 as follows:
2
TABLE 1 DENSITY BONUS ALLOCATIONS IN THE SOUTHWEST
NEIGHBORHOOD OVERLAY DISTRICT, THE INFILL WORKFORCE
HOUSING AREA AND THE CARVER ESTATES OVERLAY DISTRICT
OPTION - SALE BONUS PER WORKFORCE UNIT
PROVIDED
VERY LOW 60% 4
LOW 80% - 61% 3
MODERATE 120% - 81% 2
OPTION - RENT BONUS PER WORKFORCE UNIT
PROVIDED
VERY LOW 60% 3
LOW 80% - 61% 2
MODERATE 120% - 81% 1
LARGE HOME OPTION
4 + bedroom workforce housing units 0
Additional 0.5 bonus will be added to the bonus provided above in this chart
There are 134 dwelling units proposed within the GC zoned portion of the property
(7.81 acres). This equates to an overall density of 17.81 dwelling units per acre. The
applicant has proposed 15 owner-occupied moderate-income workforce housing units
that will be integrated on the site within the mixed use buildings. As noted in Table 1
above, the provision of 15 moderate income owner-occupied workforce housing units
permits a density bonus of up to 45 additional units. The development bonus sought
for this site is proposed as 41 units.
Is this standard met?
Yes
No
3. The comments and notes set forth in the staff report are hereby
incorporated herein
4. The City Commission has applied the most current Comprehensive Plan
and LDR requirements to this development application and finds that its determinations
as herein set forth are consistent with the Comprehensive Plan.
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
3
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses supporting these findings.
6. Based on the entire record before it, the City Commission approves _
denies _ the conditional use request subject to the conditions stated in the staff
report and hereby adopts this Order this _ day of May, 2006, by a vote of in
favor and
opposed.
Jeff Perlman, Mayor
ATTEST:
Chevelle Nubin
City Clerk
4
SECTION 4.4.9 (D)
(D) Conditional Uses and Structures Allowed: The following are allowed as
conditional uses witllin the GC District, except as modified in the North Federal Highway
Overlay District by Section 4.4.9(G)(1). [Amd. Ord. 64-04 11/16/04]; [Amd. Ord. 53-
01 10/16/01]; [Amd. Ord. 53-96 11/19/96]
DELETED (1) AND RENUMBERED [Amd. Ord. 30-98 9/8/98J
(1) Residential Licensed Service Provider Facilities subject to restrictions set
forth in Section 4.3.3(0). [Amd. Ord. 4-04 2/3/04]; [Amd. Ord. 35-00 1/2/01]
(2) Amusement game facilities. [Amd. Ord. 58-04 10/19/04]
(3) Wash establishments or facilities for vehicles.
(4) Child Care and Adult Day Care.
(5) Clubs and Lodges; social, fraternal, and recreational not exceeding 3,500
sq. ft. of gross floor area. [Amd. Ord. 70-04 1/4/05]
DELETED (7) AND RENUMBERED [Amd. Ord. 21-97 6/3/97]
(6) Drive-in Theaters.
(7) Flea Markets, bazaars, merchandise marts, and similar retail uses. [Amd.
Ord. 51-92 10/27/92]
(8) Funeral Homes.
(9) Gasoline Stations or the dispensing of gasoline directly into vehicles.
(10) Hotels and Motels.
l> (11) Free-standing multiple-family housing subject to the requirements of the
RM District except for setback and height requirements which shall be pursuant to this
Section.
(12) Recreational establishments such as bowling alleys, gymnasiums, health
spas, miniature golf courses, skating rinks.
(13) Sales and service of All Terrain Vehicles and personal watercraft
(waverunners, jet skis), with no outside display, outside storage or outside service.
[Amd. Ord. 1-96 1/23/96]
(14) Vehicle care limited to the changing of oil and filters, and lubrication with no
mechanical work or outside storage of vehicles except as a part of a gasoline station.
[Amd. Ord. 1-96 1/23/96]
4.4 - 28
SECTION 4.4.6 (H) (6) (a)
(a) Southwest Neiahborhood and Carver Estates Overlav Districts and
Infill~Workforce Housina Area: Density bonuses above 12 units per
acre may be granted as a Conditional Use to eligible properties within
the Southwest Neighborhood and Carver Estates Overlay Districts,
defined in Section 4.5.9 and 4.5.11, respectively, and within the Infill
Workforce Housing Area, Section 4.5.12, subject to the regulations set
forth in Chapter 4, "Zoning Regulations", and Article 4.7,
"FamilylWorkforce Housing". [Amd. Ord. 17-06 4/4/06]; [Amd.Ord.
7 -05 2/15/05]
(b) S.W. 10th Street Overlav District: Within the S.W. 10th Street Overlay
District defined in Section 4.5.10, in addition to the performance
standards listed in Section 4.4.6(1), increases to a project's density
beyond six (6) units per acre is subject to the r~gulations set forth in
Chapter 4, "Zoning Regulations", "FamilylWorkforce Housing". [Amd.
Ord.17-06 4/4/06]; [Amd. Ord. 7-05 2/15/05]
-==--=v (I) Performance Standards: [Amd. Ord 42-97 1017/97];
(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. [Amd. Ord 42-97 10/7/97]
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: [Amd. Ord
42-97 1017/97]
(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. [Amd. Ord 42-97 1017/97]
(b) Buildings are placed throughout the development in a manner that
reduces the overall massing, and provides a feeling of open space.
[Amd. Ord 42-97 1017/97]
4.4 - 20
SECTION 4.4.6 (I) (1) (c)
(c) Wh~re 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. [Amd. Ord 42-97 10/7/97]
(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. [Amd.
Ord 42-97 1017/97]
(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. [Amd. Ord 42-
97 10/7/97]
(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. [Amd. Ord 42-97 10/7/97]
(g) The project provides a convenient and extensive bicycle/pedestrian
network, and access to available transit. [Amd. Ord 42-97 1017/97]
(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. [Amd. Ord 42-97 10/7/97]
(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 ofthe surrounding area. [Amd. Ord 42-97 10/7/97]
4.4 - 21
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH
---STAFF REPORT ---
April 17, 2006
IV. A.
Two Conditional Use Requests For Village Pare, (Located on the east side of North
Federal Highway, south of Gulf Stream Boulevard) associated with (1) the construction
of 104 town home units in sixteen (16) buildings and (2) to allow an increase in the
residential density in excess of 12 dwelling units per acre (17.8 du/acre) subject to the
provisions workforce housing ordinance.
MEETING DATE:
AGENDA ITEM:
ITEM:
GENERAL DATA:
Applicant...... ........ .......
2001 North Federal Highway, LLC.
Agent.. .......................
Michael J. Covelli
Owner......................... Drive-in Theatres of Florida, Inc.
Location.......................... 2001 North Federal Highway
Property Size.................. 7.8 acres
Future Land Use Map..... GC (General Commercial)
Current Zoning............... GC (General Commercial)
Adjacent Zoning....North: AC (Automotive Commercial)
East: Town of Gulf Stream
(Maintenance Spoil Area Tract)
South: RM (Medium Density Residential)
West: GC (General Commercial)
(N. Federal Highway Overlay District)
Existing Land Use.......... Swap Shop (Flea Market)
Proposed Land Uses....... 104 Townhouse units in 16 Buildings,
30 Condominium units, 15,408 square
feet of Retail Commercial, and 6,825
square feet of office.
Water Service................. 12" main in Federal Hwy.
Sewer Service................ 10" gravity main in Federal Hwy.
The action before the Board is making a recommendation to the City Commission on two
conditional use requests for Village Parc to (1) Allow the construction of 104 townhome units
within sixteen (16) buildings (stand alone residential development), and (2) To allow an increase
in the residential density in excess of 12 dwelling units per acre (17.8 proposed) pursuant to
LOR Section 4.7 Workforce Housing.
The property is located at 2001 North Federal Highway located on the east side of North Federal
Highway between Gulf Stream Boulevard and Kokomo Key Lane.
The property is the 7.81 acres site of the indoor/outdoor retail facility known as Delray's Lost
Drive-Swap Shop.
The new development proposal includes the demolition of the existing structures and
construction of 104 Townhome units as a stand alone residential component along the eastern
portion of the site. The western portion along Federal Highway will contain three buildings (two
mixed use and one office building). The two mixed use buildings will contain retail uses (6,013
square feet (south building) and 9,325 square feet (central building) on the ground floor and
residential uses above (10 units on floors 2 and 3 in the south building, and 20 units on floors
2,3, & 4 in the central building). The northern 6,825 square foot office building will contain office
uses on all three floors.
The first conditional use request is to allow for the construction of 104 townhome units in sixteen
(16) buildings as a stand alone residential development in the General Commercial (GC) Zoning
District per Land Development Regulations Section 4.4.9 (D) (11 ).The second conditional use
requested is for an increase in density between 12 and 18 units per acre (17.81 dwelling units
per acre) subject to the provisions of Article 4.7 (Family/Workforce Housing) in LOR Section
4.4.9(0)(19).
The two conditional use requests are now before the Board for consideration.
REQUIRED FINDINGS (Chapter 3):
Pursuant to LOR Section 3.1.1 (Required Findings), prior to the approval of development
applications, certain findings must be made in a form which is part of the official record.
This may be achieved through information on the application, the staff report, or
minutes. Findings shall be made by the body, which has the authority to approve or
deny the development application. These findings relate to Future Land Use Map
Consistency, Concurrency, Comprehensive Plan Consistency and Compliance with the
LOR's as noted below.
FUTURE LAND USE MAP: The use or structures must be allowed in the zone district
and the zoning district must be consistent with the land use designation.
The subject property has a Future Land Use Map and Zoning designation of GC (General
Commercial). Thus, the land use and zoning are consistent with each other. Pursuant to LOR
Section 4.4.9(0)(11), free-standing residential development is allowed as a conditional use in
the GC (General Commercial) Zoning District subject to the requirements of the RM District
except for setback and height requirements which shall be pursuant to the GC District. Pursuant
to LOR Section 4.4.9(0)19 increased densities above 12 units per acre up to a maximum of 18
units per acre are allowed subject to the provisions of LOR Section 4.7 (Workforce Housing).
Planning and Zoning Board Staff Report, April 17, 2006
Village Parc - Conditional Use Requests
Office and Commercial uses are allowed uses in the GC Zoning District. Based upon the above,
positive findings can be made with respect to consistency with the Future Land Use Map.
CONCURRENCY: Facilities which are provided by, or through, the City shall be provided
to new development concurrent with issuance of a Certificate of Occupancy. These
facilities shall be provided pursuant to levels of service established within the
Comprehensive Plan.
Water and Sewer: Water service is available via service lateral connections to the existing 12"
water main located along Federal Highway. Sewer service will be provided on site via 8" gravity
mains. These mains will flow into a proposed lift station which will connect via a 4" force main to
the existing 12" sewer main along Federal Highway. Pursuant to the City's Comprehensive
Plan, treatment capacity is available at the City's Water Treatment Plant at build-out. Based
upon the above, positive findings can be made with respect to this level, of service standard.
Drainaae: A conceptual engineering plan has been submitted with the conditional use
application that indicates that drainage will be accommodated via exfiltration trenches and a
large dry retention area along the eastern edge of the development.
Traffic: A traffic study has been submitted by the applicant which indicates that the proposed
development will generate 2,313 average daily trips (ADT) which is significantly less than the
current trip generation of 4002 ADT. The Traffic Study has been submitted to the Palm Beach
County Traffic Division for a determination of traffic concurrency. Given the reduction in trips no
concerns meeting concurrency are anticipated. Concurrency approval from Palm Beach County
is attached as a condition of approval.
Parks and Recreation: The Open Space and Recreation Element of the City's Comprehensive
Plan indicates the City will have sufficient recreation facilities at build-out to meet the adopted
standards". A park impact fee is collected to offset any impacts projects may have on City
recreational facilities. Pursuant to LOR Section 5.3.2, a park impact fee of $500.00 per dwelling
unit will be collected prior to issuance of a building permit for each unit for parks and recreation
purposes. A total fee of $67,000 will be required of this development for parks and recreation
purposes.
Solid Waste: The proposed 134 multiple family dwelling units will generate 69.68 tons of solid
waste per year (134 units x 0.52 tons = 69.68 tons); the 6,552 square feet of office area will
generate 17.69 tons of solid waste per year (6,552 sq. ft. x 5.4 Ibs. 12,000 = 17.69 tons); and
the retail commercial will generate 71.67 tons of solid waste per year (14,054 sq. ft. x 10.2
Ibs./2000=71.69 tons) for a total of 159.06 tons per year. The Solid Waste Authority has
indicated that its facilities have sufficient capacity to handle all development proposals until the
year 2024, thus a positive finding with respect to this level of service standard can be made.
Schools: A School Concurrency Application has been reviewed by the City of Delray Beach
Planning & Zoning Department and forwarded to the Palm Beach County School District. A
written finding of concurrency is anticipated and is attached as a condition of approval.
CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and
required findings in LOR Section 2.4.5(E) (5) for the Conditional Use request shall be the
basis upon which a finding of overall consistency is to be made. Other objectives and
policies found in the adopted Comprehensive Plan may be used in making a finding of
overall consistency.
2
Planning and Zoning Board Staff Report, April 17, 2006
Village Parc - Conditional Use Requests
A review of the objectives and policies of the adopted Comprehensive Plan was conducted and
the following applicable objectives and policies that are relevant to the Conditional Use
application are noted:
Future land Use Element Obiective A-1: Property shall be developed or redeveloped in a
manner so that the future use and intensity is appropriate and complies in terms of soil,
topographic, and other applicable physical considerations, is complimentary to adjacent
land uses, and fulfills remaining land use needs.
There are no significant environmental characteristics to the subject property which has
supported several land uses including the existing Swap Shop Flea Market and past drive-in
theater use for several years. The proposed Village Parc mixed use project will be in
compliance with the recent Comprehensive Plan Amendment (2005-2) in which the Future Land
Use Element was amended to allow higher density residential development in exchange for
more workforce housing (provisions within the General Commercial land use designation allow
an increase in density to a maximum of 18 units/acre within the boundaries of special overlay
districts subject to the provision of workforce housing). This property is designated as an "Infill
Workforce Housing Area and as such allows the proposed increase in residential densities. The
residential element of the project will add to the customer base for the proposed on site and
existing commercial uses along North Federal Highway and aid in the redevelopment of this
corridor. 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 Obiective A-7: To encourage the provision of workforce
housing in the City, the following policies shall be implemented:
Policy A-7.1: The maximum density may be increased within the medium density,
General Commercial and Transitional Future land Use designations through the
"Workforce Housing Density Bonus Program". The concept is that for every workforce
housing unit that a developer builds, a calculated number of market rate units greater
than would be allowed otherwise may be built.
The developer is proposing to provide fifteen (15) workforce housing units in exchange for an
increased density of 5.81 units per acre above the maximum 12 units allowed. (17.81 units per
acre total). Based upon the above, a positive finding can be made with respect to Future Land
Use Element Objective A-7 and Policy A-7-1.
Housina Obiective A-12: To assist residents of the City in maintaining and enhancing
their neighborhood environment, the City shall take steps to ensure that modifications in
and around the neighborhood do not lead to its decline, such as those described in the
following policies.
Housina Policv A-12.3: In evaluating proposals for new development or redevelopment,
the City shall consider the effect that the proposal will have on the stability of nearby
neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation
patterns shall be reviewed in terms of their potential to negatively impact the safety,
habitability and stability of residential areas. If it is determined that a proposed
development will result in a degradation of any neighborhood, the project shall be
modified accordingly or denied.
The proposed development will replace commercial (flea market) uses with an upscale mixed
use project with 134 residential units and associated recreational components along with much
needed commercial and office uses in this redevelopment corridor. The safety, habitability and
3
Planning and Zoning Board Staff Report, April 17, 2006
Village Parc - Conditional Use Requests
stability of the neighborhood should be improved by introducing additional homeowners and
non-residential uses to this redevelopment area.
PERFORMANCE STANDARDS FOR DENSITY INCREASE:
lOR Section 4.4.9 GC (General Commercial) Zonina District:
Pursuant to lOR Section 4.4.9(0)(11) free-standing multi-family residential development
are allowed as a conditional use in the GC (General Commercial) Zoning District subject
to the requirements of the RM District except for setback and height requirements which
shall be pursuant to the GC District. The Medium Density Residential (RM) District
provides a residential zoning district with flexible densities having a base of six (6) units
per acre and a maximum of twelve (12) units per acre, except within the Southwest
Neighborhood Overlay District where the maximum density is 24 dwelling units per acre.
The actual density of a particular RM development is based upon its ability to achieve
certain performance standards which are intended to mitigate the impacts of the
increased density and ensure that the project is compatible with surrounding land uses.
Within the Infill Workforce Housing Area the actual density is also based upon the
development's ability to comply with Article 4.7 (FamilylWorkforce Housing). Further, the
Medium Density Residential District provides for implementation of those objectives and
policies contained within the Housing Element of the Comprehensive Plan which call for
accommodating a variety of housing types.
lOR Section 4.4.6(1) Performance Standards:
1) Pursuant to lOR Section 4.4.6(1)(1) These standards shall apply to all site plans
approved subsequent to October 7, 1997, and for modifications to existing
developments which involve the creation of additional residential units.
In order to increase a project density beyond six (6) units per acre, the approving
body must make a finding that the development substantially complies with the
performance standards listed in this section. The intent of the standards is to
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.
2) In addition to the above, lDR Section 4.4.6(1)(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.
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 exits 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.
4
Planning and Zoning Board Staff Report, April 17, 2006
Village Parc - Conditional Use Requests
The proposed internal traffic circulation system contains short segments and loops. The
design of these drive aisle will keep traffic speeds below 20 M.P.H. Based on the above;
this performance standard has been met.
(b) Buildings are placed throughout the development in a manner that
reduces the overall massing, and provides a feeling of open space.
The proposal involves the construction of 3 story townhouses in 16 building complexes. The
groups of townhouses have the required 4' building offsets every two units which provides
visible offsets and reduces the overall massing. Amenities such as the child play area,
pool/clubhouse, and cabana are used to separate the groups of buildings and provide
areas of open space and landscaping. Overall 123,228 square feet or 36.2% of the site will
be provided as landscaped open space. Based on the above, this performance standard
has been met.
(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.
The south property line abuts an RM (Medium Density Residential) Zoning District occupied
by the Kokomo Key residential development. The landscaping plans include hedge material
and one tree for every 30 feet. The south side yard building setbacks adjacent to Kokomo
Key exceed the minimum setback requirement of 10 feet by 50% thereby meeting this
standard.
(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.
The development proposes a Caribbean type architecture which will provide a variety of
design treatments and colors within all buildings. The mixed use buildings and office
buildings fronting Federal Highway will utilize a combination of soft salmon, a light
yellow(Weston Flax), and Spring Valley light green for the building facades and a Winter
Snow White color for the trim banding, columns, mullions, and roof brackets. The Standing
Seam Metal Roofs will be composed of a Satin Finish Galvalume material. The main
awnings will be a Navy Blue color for the stand-alone office building, Forest Green color for
the 4-story mixed-use building, and Navy Blue color for the 3-story mixed use building. All
the projection awnings for the mixed-use and office development fronting Federal Highway
will consist of a Burgundy color. Arches, balconies, and copulas are prominently used
features of all the buildings along the Federal Highway Streetscape. The residential
townhomes while architecturally similar and compatible with the Federal Highway
Streetscape have some further distinctions which complement the overall development.
These include a pastel color palette with more varied and distinguished window treatments
through the use of window shutters, decorative paneling and frames, and different window
shapes. The window light fixtures appear on each side of the windows above the balconies.
The use of paneled window frames are also complemented by the use of the paneling and
5
Planning and Zoning Board Staff Report, April 17, 2006
Village Parc - Conditional Use Requests
reveals for the garage doors. Based upon the above noted examples of architectural
diversity, the proposal complies with this performance standard.
(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.
The proposed townhomes and mixed-use building condominiums contain a variety of
different floor plans for residents. There are 12 different floor plans available within the
interior town homes development to accommodate all types of household sizes and three
floor plans for the condominium units. All residential units are specified as 2 bedroom units
with the option to convert the first floor dens into a third bedroom. Overall the housing units
range in size from a minimum of 1050 square feet up to a maximum of 1,869 square feet.
The development proposal will meet this performance standard based on the flexible floor
plans which have been provided.
(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.
The site has no natural areas existing on site. However, a large sodded retention area is
proposed to be developed at the east end of the property. This area is proposed as dry
retention and is available for recreational use. Additional plantings should be added to
create a nature preserve area and this is attached as a condition of approval.
(g) The project provides a convenient and extensive bicycle/pedestrian network, and
access to available transit.
The development provides an extensive pedestrian system that links the residential
buildings to the pool, clubhouse and cabana areas. Many of the other units are linked
together within the interior of the development by sidewalks and the perimeter units are
linked to each other and the child play area. A bicycle rack needs to be provided adjacent to
the pool area and for each of the mixed use buildings fronting Federal Highway and is
attached as a condition of approval. This performance standard will be met, subject to the
bicycle racks requirement.
In conclusion, a finding of substantial compliance can be made with respect to all of the
performance standards subject to the provision of a nature preserve area and bike racks as
noted above.
WORKFORCE HOUSING STANDARDS FOR DENSITY INCREASE:
LOR Section 4.7.3 - Provision of Workforce Housina Units: Developers will be awarded
density bonus units (additional market rate units), beyond the base number allowed per
existing zoning ordinance after performance standards have been met, as an incentive to
provide affordable housing units, subject to the limits and requirements of this chapter.
The bonus allowances are set forth in Table 1 as follows:
6
Planning and Zoning Board Staff Report, April 17, 2006
Village Parc - Conditional Use Requests
TABLE 1 DENSITY BONUS ALLOCATIONS IN THE SOUTHWEST
NEIGHBORHOOD OVERLAY DISTRICT. THE INFILL WORKFORCE HOUSING AREA
AND THE CARVER ESTATES OVERLAY DISTRICT
OPTION. SALE BONUS PER WORKFORCE UNIT
PROVIDED
VERY LOW 60% 4
LOW 80% . 61 % 3
MODERATE 120% .81 % 2
OPTION. RENT BONUS PER WORKFORCE UNIT
PROVIDED
VERY LOW 60% 3
LOW 80% - 61 % 2
MODERATE 120%.81 % 1
LARGE HOME OPTION
4+ bedroom workforce housing 0
units
Additional 0.5 bonus will be added to the bonus provided above in this chart
There are 134 dwelling units proposed within the GC zoned portion of the property (7.81 acres).
This equates to an overall density of 17.81 dwelling units per acre. The applicant has proposed
15 owner-occupied moderate-income workforce housing units that will be integrated on the site
within the mixed use buildings. As noted in Table 1 above, the provision of 15 moderate income
owner-occupied workforce housing units grants a density bonus of 45 additional units. The
development bonus sought for this site is proposed as 41 units. Therefore the requirements of
the workforce housing ordinance are met and the additional density (5.81 Du/acre) can be
supported.
LDR SECTION 2.4.5{E} . REQUIRED FINDINGS:
Pursuant to LDR Section 2.4.5{E) (5), in addition to provisions of Chapter 3, the City
Commission must make findings that establishing the conditional use will not:
A. Have a significantly detrimental effect upon the stability of the neighborhood
within which it will be located;
B. Nor that it will hinder development or redevelopment of nearby properties.
The subject property is bordered on the north side by AC (Automotive Commercial) zoning
district, on the south by RM (Medium Density Residential), on the west by GC (General
Commercial) zoning district, and on the east by the Town of Gulf Stream. The adjacent land
uses include Borton Volvo & Volkswagon to the north, Kokomo Key Townhomes to the south
and several retail commercial uses to the west across Federal Highway.
The additional residents which the 134 housing units will generate will improve the stability of
the neighborhood and the North Federal Highway Redevelopment Area. They should act as a
catalyst for additional development along the Federal Highway Corridor and have a positive
effect on the redevelopment of neighboring properties. Based upon the above, positive findings
can be made with respect to LDR Section 2.4.5(E) (5).
7
Planning and Zoning Board Staff Report, April 17, 2006
Village Parc - Conditional Use Requests
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
In conjunction with the Conditional Use request a concurrent full Class V site plan has
been submitted and will go before SPRAB pending a favorable recommendation of
approval of the conditional uses from the Planning & Zoning Board and final approval
from the City Commission. The following issues deal with the requirements of the Delray
Beach Land Development Regulations concerning this development:
Townhouses and Townhouse Type of Development:
Setbacks:
Pursuant to LOR Section 4.3.3(O)(3)(c), setbacks interior to the project with respect to side and
rear lot lines shall not be observed; but in-lieu thereof structures (dwelling unit groups) shall not
be located closer than twenty-five (25) feet for a two-story structure, nor thirty-feet (30) or a
three story, or greater, structure. The proposed separation between the three story townhouses
among several of the buildings are only 20 to 25 feet The applicant will need to submit an
internal adjustment request to reduce the separation requirement, which will be considered by
the Site Plan Review and Appearance Board during the site plan review process pursuant to
LOR Section 2.4.7(C). All perimeter building setbacks pursuant to LOR Section 4.4.6(F)(3)(a)
have been met for the project.
Design Standards:
Pursuant to LOR Section 4.3.3(O)(4)(a), no more than two town homes may be constructed
without providing a front setback of not less than four (4) feet offset front to rear. The proposed
offsets met these requirements.
LOR Section 4.3.4(Kl Development Standards Matrix:
The following table indicates that the proposal complies with LOR Section 4.3.4(K) as it pertains
to the Medium Oensity Residential (RM) zone district:
1,050 sq.ft.
29.6%
36.2%
Infill Workforce Housina Area Development Standards:
The following table indicates that the mixed use buildings comply with LOR Section 4.3.4 as it
pertains to the General Commercial (GC) zone district:
Front (N. Federal Highway)
Side Interior
Rear
Recreational Amenities:
Pursuant to LOR Section 4.4.6(H)(3), recreational areas shall be required for all new rental
apartment developments, and of owner-occupied developments, which have homeowner
associations that must care for retention areas, private streets, or common areas. New
8
Planning and Zoning Board Staff Report, April 17, 2006
Village Parc - Conditional Use Requests
developments must include recreational features that are designed to accommodate activities
for children and youth of all age ranges. Tot lots are appropriate for toddlers; features such as a
basketball court, volleyball court, and open playfields are appropriate for older children. A pool
and clubhouse, unless specifically designed for children, is not considered to meet this
requirement. Projects having fewer than 25 units may be exempted from this standard where it
is determined by the approving body that it is not practical or feasible to comply. While the
project is located in an urban environment, the site plan is proposing the location of a child play
area at the south-central perimeter of the property between Buildings 4 and 9 which will be
available for all residents of the townhomes and condominium units. A pool, pool deck, and
cabana area will also be available to all residents and is to be located at the end of the main
entrance drive into the complex. The project does not provide recreational opportunities for
young adults as required. Additional facilities must be added or a waiver obtained for this
requirement.
Parking Requirements:
Pursuant to LOR Section 4.6.9(C)(4), the required parking for the 6,825 square feet of office
space is 28 parking spaces and the required parking for the 15,408 square feet of retail
commercial is 70 parking spaces. Pursuant to LOR Section 4.6.9(C)(1)(c), the required parking
for the 134 multiple family dwelling units is 268 parking spaces plus 36 guest parking spaces
(304 total spaces). Without using the shared parking calculations a total of 402 spaces are
required. When the shared parking calculations are applied a reduction to 340 total spaces is
allowed and 368 total parking spaces have been provided.
Village Parc--Shared Parking Calculations Table
Use for multiple use projects which include residential in CBD, GC and PC zoning districts
Office 28
Commercial/Retail 70
Hotel
Restaurant
Other
TOTALS
Standard Aisle Width:
Pursuant to LOR Section 4.6.9(O)(4)(d), the standard aisle width for perpendicular parking is 24'
and only 20' is proposed for the two interior drive aisles onto which both guest spaces and
townhome garages back into. These two interior drive aisles will need to be increased to a
minimum of 24 feet or appropriate relief granted.
9
Planning and Zoning Board Staff Report, April 17, 2006
Village Parc - Conditional Use Requests
REVIEW BY OTHERS
Community Redevelopment Aaencv (CRA):
At its meeting of April 13, 2006, the CRA reviewed the conditional use requests and
recommended approval. They mentioned that the City may want to examine the feasibility of the
developer providing a right turn lane into the project.
Site Plan Review and Appearance Board:
If the Conditional Use requests are approved, a site development plan application will be
required for the development proposal for final action by SPRAB.
Courtesy Notices:
Courtesy notices have been provided to the following homeowner's associations and interested
parties, which have requested notice of developments in their areas:
~ Neighborhood Advisory Council
~ Progressive Residents of Oelray (PROO)
~ President's Council
~ La Hacienda Homeowner's Association
~ Palm Trail HOA
~ Kokomo Key HOA
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the subject
property and the mayor of the Town of Gulfstream. Any letters of support or objection will be
presented at the Planning and Zoning Board meeting.
As described in this staff report, the increase in density can be supported since the proposed
development complies with all of the seven applicable performance standards. The
development further complies with the Workforce Housing Ordinance and positive findings can
be made to support a density bonus of 5.8 units per acre. The applicant will provide fifteen (15)
moderate income workforce units within the development. The proposed use is consistent with
the objectives and policies of the Comprehensive Plan and Chapter 3 of the Land Oevelopment
Regulations. Positive findings can also be made with respect to LOR Section 2.4.5(E)(5)
(Conditional Use finding) regarding the compatibility of the proposed development with the
surrounding properties.
A. Postpone with direction.
B. Move a recommendation of approval to the City Commission for the two conditional use
requests to: (1) allow the construction of 104 free-standing multiple family residential units
(townhomes); and (2) To allow a density in excess of twelve (12) units per acre (17.8 du/ac
proposed) subject to the provisions of Article 4.7 "Family Workforce Housing" for Village
Parc, by adopting the findings of fact and law contained in the staff report, and finding that
the request is consistent with the Comprehensive Plan and meets criteria set forth in Section
2.4.5(E)(5), 4.4.6(I)[Performance Standards], Article 4.7[Workforce Housing]. Section
10
Planning and Zoning Board Staff Report, April 17, 2006
Village Parc - Conditional Use Requests
4.4.9[General Commercial District], Section 4.4.6[Medium Density Residential District], and
Chapter 3 of the Land Development Regulations.
C. Move a recommendation of denial to the City Commission for the two conditional use
requests to: (1) allow the construction of 104 free-standing multiple family residential units
(town homes); and (2) To allow a density in excess of twelve (12) units per acre (17.8 du/ac
proposed) subject to the provisions of Article 4.7 "Family Workforce Housing" for Village
Pare, by adopting the findings of fact and law contained in the staff report, and finding that
the request is not consistent with the Comprehensive Plan and does not meet criteria set
forth in Section 2.4.5(E)(5), 4.4.6(I)[Performance Standards], Article 4.7[Workforce Housing],
Section 4.4.9[General Commercial District], Section 4.4.6[Medium Oensity Residential
District], and Chapter 3 of the Land Development Regulations.
Recommend approval to the City Commission for the two conditional use requests to (1) allow
the construction of 104 free-standing multiple family residential units (townhomes); and (2) To
allow a density in excess of twelve (12) units per acre (17.8 du/ac proposed) subject to the
provisions of Article 4.7 "Family Workforce Housing" for Village Parc, by adopting the findings
of fact and law contained in the staff report, and finding that the request is consistent with the
Comprehensive Plan and meets criteria set forth in Section 2.4.5(E)(5), 4.4.6(1)[Performance
Standards], Article 4.7[Workforce Housing], Section 4.4.9[General Commercial District], Section
4.4.6[Medium Density Residential District], and Chapter 3 of the Land Development
Regulations, subject to the following conditions:
1. Palm Beach County traffic concurrency approval of the non-residential portion of the project.
(residential portion qualifies as a residential exception east of 1-95)
2. School concurrency approval from the Palm Beach County School District.
3. That four (4) bicycle racks be provided for the mixed-use buildings and pool/cabana area in
accordance with Transportation Element Policy D-2.2.
4. That the workforce housing units comply with the requirements of Article 4.7.
5. That a site plan in general conformance with the conceptual plan be processed and
approved by SPRAB.
6. Additional plantings are required inland around the dry retention area to create the nature
areas required in the performance standards (LDR Section 4.4.6(I)(f).
Attachments:
. Color renderings
. Site Plans
. Location Map
Report prepared by: James G. Cain. Senior Planner
11
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FROM:
DAVID T. HARDEN, CITY MANAGER
PAUL DORLlNG, Dj,.:c TOR O~NING AND ZONING 7HJJW~ ~
ESTELlO BRETO, ENIOR PLAN"WER
MEETING OF MAY 2,2006
CONDITIONAL USE MODIFICATION REQUEST FOR AN EXISTING
ORNAMENTAL CAST CONCRETEISTONE MANUFACTURING FACILITY
(PROFILES IN CONCRETE) TO ACCOMMODATE AN OUTDOOR STORAGE
AREA AND DUMPSTER. PROFILES IN CONCRETE IS LOCATED ON THE
NORTHEAST CORNER OF POINSETTIA DRIVE AND LIME LANE.
TO:
THRU:
SUBJECT:
A Conditional Use modification request is sought to establish an outdoor storage area for an existing
ornamental cast concrete/stone manufacturing facility known as Profiles in Concrete. The
development proposal is to construct a 9,945 sq.ft. outdoor storage area. The proposal also
includes installation of an associated dumpster and landscaping. Additional background and an
analysis of the request are found in the attached Planning and Zoning Board Staff Report.
At its meeting of April 17, 2006, the Planning and Zoning Board held a public hearing in conjunction
with the review of the Conditional Use modification request. There was no public testimony regarding
the Conditional Use modification request. After reviewing the staff report and discussing the
proposal, the Board voted 7-0 to recommend approval of the request for Conditional Use
modification, based upon positive findings with respect to Chapter 3 (Performance Standards) and
Section 2.4.5(E)(5) of the Land Oevelopment Regulations, and the policies of the Comprehensive
Plan subject to the following conditions:
1. Approval of a site plan by SPRAB that is in general conformance to the submitted site
plan and addresses the "Exhibit "A" - Technical Items and conditions of approval
attached in the staff report;
2. That a dumpster enclosure detail which indicates dimensions, screening, and materials
proposed, and vision obscuring gates be provided; and
3. That no work is to be conducted outside in this storage area. Le. no sanding, cutting,
forming, or treatment of the concrete products.
By motion, approve the Conditional Use modification request for Profiles in Concrete to
accommodate an outdoor storage area, based upon positive findings with respect to Chapter 3
(Performance Standards), Section 2.4.5(E)(5) of the Land Oevelopment Regulations, and the
policies of the Comprehensive Plan subject to the conditions recommended by the Planning and
Zoning Board.
Attachments: P&Z Staff Report and Documentation of April 17, 2006
q~
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
CONDITIONAL USE REQUEST FOR PROFilES IN CONCRETE
ORDER OF THE CITY COMMISSION
OF THE CITY OF DElRAY BEACH, FLORIDA
1. This conditional use request has come before the City Commission on
May 2, 2006.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the conditional use request for Profiles
in Concrete. All of the evidence is a part of the record in this case. Required findings
are made in accordance with Subsections I and II.
I. COMPREHENSIVE PLAN
a. Comprehensive Plan - Future land Use Element Obiective A-1/Future
land Use Map: Is the property developed/redeveloped so that the future use and
intensity is appropriate in terms of soil, topographic, and other applicable physical
considerations, is complementary to adjacent land uses, and fulfills remaining land use
needs and is consistent with the Land Use Map?
Yes No
b Concurrency: Objective B-2 of the Land Use Element of the
Comprehensive Plan requires that development not exceed the ability of the City to
fund and provide, or to require the provision of, needed capital improvements for the
following areas:
Are the concurrency requirements met as respect to water, sewer,
drainage, streets and traffic, parks, open space, solid waste and
schools?
Yes
No
c. Consistency: Will the granting of the conditional use be consistent
with and further the goals and policies of the Comprehensive Plan?
Yes
No
II. LDR REQUIREMENTS:
a. LDR Section 2.4.5(E) ReQuired FindinQs: (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. Hinder development or redevelopment of nearby
properties.
Will Section 2.4.5(E)(5) be met?
Yes No
b. REQUIRED FINDINGS RELATING TO OUTDOOR STORAGE:
Pursuant to LOR Section 4.6.6(C)(2), materials and equipment stored outside
must be screened from view from adjacent public rights-of-way in a manner approved
by the Site Plan Review and Appearance Board. Outside storage may not be located
within a required setback area. It is not intended that sales or customer service be
conducted in an area designated for storage. Pursuant to LOR Section 4.3.4(K), the
required front setback in the Industrial Zoning District is twenty-five feet (25'), which is
measured along Poinsettia Drive.
Is this standard met?
Yes
No
3. The comments and notes set forth in the staff report are hereby
incorporated herein
4. The City Commission has applied the Comprehensive Plan and 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 _
denies _ the conditional use request subject to the conditions stated in the staff
report and hereby adopts this Order this _ day of May, 2006, by a vote of in
favor and
opposed.
Jeff Perlman, Mayor
ATTEST:
Chevelle Nubin
City Clerk
3
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
April 17, 2006
IV.S.
Conditional Use Modification Request to Establish an Outdoor Storage Area for
an Ornamental Cast Concrete/Stone Manufacturing Facility known as Profiles in
Concrete, Located at the Northeast Corner of Poinsettia Orive and Lime Lane.
GENERAL DATA:
Owner............................. B&H Land Holdings, Inc.
AgentlApplicant.............. Weiner & Aronson, PA / Profiles in
Concrete, Inc.
Location.......................... Northeast corner of Poinsettia Drive
and Lime Lane
Property Size.................. 2.00 Acres
Future Land Use Map..... CMR (Commerce)
Current Zoning............... MIC (Mixed Industrial and
Commercial)
Adjacent Zoning....North: MIC (Mixed Industrial and
Commercial I)
East: MIC
South: MIC
West: MIC
Existing Land Use.......... Vacant
Proposed Land Use........ Conditional Use Modification Request
to establish an Outdoor Storage Area
for Profiles in Concrete.
Water Service................. Existing on site.
Sewer Service................ Existing on site.
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IV.B.
The action before thEtBoard is making a recommendation to the City Commission on a request
for conditional use modification approval for an existing ornamental cast concrete/stone
manufacturing facility (Profiles in Concrete) to accommodate an outdoor storage area and new
dumpster area, pursuant to LDR Section 2.4.5(E). The subject property is located at the
northeast corner of Poinsettia Drive and Lime Lane.
Modifications to Conditional Use Approvals are processed pursuant to LDR Section 2.4.5(E)(7).
Modifications that involve intensity of use or hours of operation must be approved by the
Planning and Zoning Board (as opposed to staff approval). If however, the Board deems that
the modification is significant, then the modification must be heard as a new Conditional Use
application, requiring formal notification, public hearing, and final action by the City Commission.
The subject property involves Lots 1-4, 6 and 8, Block B, Sunny Acres Subdivision containing
2.0 acres. The property is located within the Wallace Drive Redevelopment Area. On June 28,
1988, the property was annexed into the City with the LI (Light Industrial) zoning designation
(Ordinance #50-88) as part of the annexations conducted via the Enclave Act (Enclave #31A).
The parcel was zoned LI until it was rezoned to MIC (Mixed Industrial and Commercial) with the
Citywide Rezoning associated with the adoption of the Land Development Regulations in 1990.
There has been no land use activity with regard to the subject property.
Profiles in Concrete is a business specializing in ornamental cast concrete/stone, which is not
listed as an allowable use in the MIC zoning district. As the use was not specifically listed within
the MIC zone district but had similar characteristics to a monumental and stone cutting
business, a Determination of Similarity of Use was processed. At its meeting of November 16,
1998, the Planning and Zoning Board determined that ornamental cast concrete/stone is similar
to a monument and ornamental stone cutting business which is allowed as a Conditional Use in
the MIC zone district. At its meeting of November 2, 1999, the Planning and Zoning Board
approved a Conditional Use to construct and establish a business specializing in ornamental
cast concrete/stone known as Profiles in Concrete. The Site Plan Review and Appearance
Board at its meeting of March 15, 2000, approve the site plan landscape plan and architectural
elevations for the construction of a 25,600 square feet building, construction of a 54-space
parking lot, installation of associated landscaping, dumpster and an outdoor storage area on the
northeast side of the property.
Profiles in Concrete began operations on the subject property in the year 2000. The required
parking has continuously been utilized as the outside storage area creating overflow parking
issues on adjacent properties. Code enforcement case # 04-00029081 filed on March 3, 2004,
reflects the various violations for which the property owner has been issued citations. These
violations include outside storage of material on required parking, site plan modification
violation, and outside storage of material not screened. The Conditional Use approved in 1999
did not allow outside storage of material within the 25' front/side setback without the approval of
a variance. Rather than seek a variance which had a limited chance of approval the applicant
has purchased an additional lot (on the southeast side of the property) to be used as an outdoor
storage area.
The item before the Board now is a request for Conditional Use modification approval for
Profiles in Concrete to incorporate an additional lot which will be used as outdoor storage area.
Planning and Zoning Board Staff Report: Meeting of 4/17/06
Conditional Use Approval Modification - Profiles in Concrete
Page 2
The development plan consists of the following:
. Construction of a 9,945 sq. ft. outdoor storage area; and
. Installation of associated dumpster and landscaping.
The applicant has submitted the following narrative, which describes the operation:
"Profiles in Concrete is engaged in the business of design and manufacture of architectural
(non-structural) pre-cast concrete products for construction applications. We mix and cast our
products inside our facility. The usual raw materials for concrete production (e.g. aggregates,
sand and cement) are also to be stored indoors. We do not anticipate any appreciable
outdoor storage of material or molds, yet limited outdoor storage may be necessary from time
to time, in the rear area of the lot designated for such, in our sketch plan. Some occasional
cutting, sanding and treating of the concrete is necessary to finish the product. These
operations are likewise conducted indoors. Our usual operating hours are from 7:00 a.m. to
5:30 p.m., Monday through Friday. We also employ late shifts and Saturday shifts when
operationally necessary. We anticipate a workforce of 28 employees.
REQUIRED FINDINGS: (Chapter 3):
Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development
applications, certain findings must be made in a form which is part of the official record.
This may be achieved through information on the application, the staff report, or
minutes. Findings shall be made by the body, which has the authority to approve or
deny the development application. These findings relate to the following four areas.
FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and
the zoning district must be consistent with the land use designation).
The subject property has a Future Land Use Map designation of Commerce (CMR) and a
zoning designation of MIC (Mixed Industrial & Commercial). The zoning district is consistent
with the CMR Future Land Use Map designation and ornamental cast concrete/stone is similar
use to "monument and ornamental stone cutting" which is listed as a Conditional Use in the
district [LOR Section 4.4.19(D)(2)(d)).
CONCURRENCY: Facilities which are provided by, or through, the City shall be provided
to new development concurrent with issuance of a Certificate of Occupancy. These
facilities shall be provided pursuant to levels of service established within the
Comprehensive Plan.
The development proposal involves the addition of a new parcel to accommodate outdoor
storage area for concrete materials and profiles. These modifications do not generate additional
demand on public services or facilities except as noted below.
Planning and Zoning Board Staff Report: Meeting of 4/17/06
Conditional Use Approval Modification - Profiles in Concrete
Page 3
Drainaae:
Drainage for outdoor.,storage area will be accommodated via sheet flow to pervious areas and
into an exfiltration trench system. Final engineering plans will need to be submitted with the
subsequent site plan modification and a detennination of concurrency will be considered by
SPRAB. It is noted, however, that there is no concern with providing adequate storm water
retention on-site due to the additional paved area. Based on the above, there should be little or
no impact with respect to drainage. Therefore, positive findings with respect to this level of
service standard can be made.
CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and
required findings in LOR Section 2.4.5(E)(5) for the Conditional Use request shall be the
basis upon which a finding of overall consistency is to be made. Other objectives and
policies found in the adopted Comprehensive Plan may be used in making a finding of
overall consistency.
A review of the objectives and policies of the adopted Comprehensive Plan was conducted and
the applicable following policies are noted:
Land Use Element Obiective A-1 - Vacant property shall be developed 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.
As noted in the background section of this report, previous approval for design and manufacture
of architectural (non-structural) pre-cast concrete products for construction applications was
granted at the subject property. Profiles in Concrete began operations on the subject property
around the year 2000. The conditional use approved in 1999 did not allow outside storage of
material within the 25' front/side setback. The applicant has purchased an additional lot (on the
southeast side of the property) to be used as an outdoor storage area, so that a variance will no
longer be necessary. With the proposed development, a substantial open space exists between
the right-of-way and the outdoor storage area. The applicant has indicated that the items to be
stored are basically architectural cast stone pieces, normally on wood pallets, with a dimension
of 4' wide, 4' length, and 4' in height while the column pieces would be 8' in length. Screening of
this outdoor storage area is noted on the plans submitted and must be approved by the Site
Plan Review and Appearance Board.
SECTION 2.4.5(E) REQUIRED FINDINGS: (Conditional Use)
Pursuant to Section 2.4.5(E)(5) (Findings), in addition to provisions of Chapter 3, the City
Commission must make findings that establishing the conditional use will not:
A. Have a significantly detrimental effect upon the stability of the neighborhood
within which it will be located;
B. Nor that it will hinder development or redevelopment of nearby properties.
The site is surrounded by MIC (Mixed Industrial and Commercial) zoning which incorporates
some non-confonning residential uses. To the east of the property a non-conforming single-
family residences exist. With respect to the proposed industrial use, compatibility with adjacent
industrial properties is not a concern. The existing single family residences are located on
industrially zoned property within the heart of an industrial area and are surrounded by industrial
Planning and Zoning Board Staff Report: Meeting of 4/17/06
Conditional Use Approval Modification - Profiles in Concrete
Page 4
uses. However, this development proposal will provide a dual hedge with trees every 25' along
the east side of the outdoor storage area abutting the existing single family residence.
The landscape plan indicates that the proposed outdoor storage area will be buffered from
Poinsettia Drive with a 24" high Cocoplum hedge, a 12" high Blue Plumbago hedge, and 12'-
high Live Oak, Cabbage Palm, and Gumbo Limbo trees planted 25' on-center. The under
planting material will include Fakahatchee grass and Fishtail Fern. The required 25' setback is
provided along the front setback to accommodate a sufficient additional buffer area with the
landscape material noted above. Based on the above, the proposed outdoor storage area will
not have an adverse impact on the surrounding area nor will it hinder development or
redevelopment of nearby properties.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
In conjunction with the Conditional Use request a sketch plan was submitted which staff
has reviewed. If the Conditional Use is approved, a full site plan submittal complying
with LOR Section 2.4.3 will be required. Based upon staff's review of the sketch plan
and site inspections, the following "Items of Concern" have been identified. The
attached technical comments, which include the items below, have been transmitted to
the applicant and will need to be addressed with revised plans.
Parkina:
Pursuant to Section 4.6.9(C)(5)(a), general industrial uses (manufacturing, assembly, and
attendant offices) shall provide parking at a rate of 3 spaces per 1,000 sq.ft. of floor area
devoted to such uses and 1 space per 1,000 sq.ft. of floor area devoted to storage and
warehouse. The proposed 25,600 sq.ft. building consists of 12,800 sq.ft. devoted to
office/manufacturing and 12,800 sq.ft., devoted to storage. Based upon the above, 52 parking
spaces are required and 54 spaces are proposed. Thus, the parking requirement has been
met. Previously the required parking was being utilized as the outside storage area creating
overflow parking issues on adjacent properties.
Dumpster:
The dumpster is located on the north side of the property to the rear of the building. This is an
appropriate location for the provision of a refuse area. Pursuant to LDR Section 4.6.6. (C) (1), a
dumpster enclosure detail which indicates dimensions, screening, and materials proposed, and
vision obscuring gates need to be provided, thus, this is attached as a condition of approval.
Outdoor StoraQe:
Pursuant to LDR Section 4.6.6(C)(2), materials and equipment stored outside must be screened
from view from adjacent public rights-of-way in a manner approved by the Site Plan Review and
Appearance Board. Outside storage may not be located within a required setback area. It is
not intended that sales or customer service be conducted in an area designated for storage.
Pursuant to LDR Section 4.3.4(K), the required front setback in the Industrial zoning district is
25', which is measured along Poinsettia Drive.
The proposed outdoor storage area is to be located on the southeast side of the property
outside the required 25' side setback area. Screening is to be provided and will consist of a
dual row of hedging, trees planted 25' on center and additional landscape material along
Planning and Zoning Board Staff Report: Meeting of 4117/06
Conditional Use Approval Modification - Profiles in Concrete
Page 5
Poinsettia Drive within the 25' front setback. Based on the above this LDR requirement has
been met.
-0
The development proposal is not located within a geographical area requiring review by the
CRA (Community Redevelopment Agency) or the DDA (Downtown Development Authority).
Site Plan Review and Appearance Board:
If Conditional Use modification approval is granted, a revised site plan must be submitted
accommodating the concerns raised through the conditional use petition, and addressing the
listed "Technical Items". Final action on the site plan modification submittal will rest with the
SPRAB (Site Plan Review and Appearance Board).
Public Notice:
Formal public notice has been provided to property owners within a 500 foot radius of the
subject property. Letters of objection, if any, will be presented at the Planning and Zoning
Board meeting.
Courtesy Notice:
Courtesy notices have been provided to the interested parties, which have requested notice of
developments in their areas:
~ Southridge
~ Progressive Residents of Delray (PROD)
~ Carol Zimmerman, President's Council
~ Neighborhood Advisory Council
The proposed Conditional Use modification is for an existing ornamental cast concrete/stone
manufacturing facility (Profiles in Concrete) to accommodate an outdoor storage area. The
site plan is well planned and provides perimeter buffering. The height of some of the landscape
material should be increased at time of planting and this has been attached as a technical item
to be addressed by SPRAB. The proposed use is consistent with the policies of the
Comprehensive Plan and Chapter 3 of the Land Development Regulations. Positive findings
can be made with respect to Section 2.4.5(E)(5) regarding compatibility of the proposed use
with surrounding properties.
A. Continue with direction and concurrence.
B. Recommend approval of the request for Conditional Use modification for Profiles in
Concrete, based upon positive findings with respect to Section 2.4.5(E)(5)
(Compatibility) and Chapter 3 (Performance Standards) of the Land Development
Regulations, and the policies of the Comprehensive Plan subject to conditions.
Planning and Zoning Board Staff Report: Meeting of 4/17/06
Conditional Use Approval Modification - Profiles in Concrete
Page 6
C. Recommend denial of the Conditional Use modification for Profiles in Concrete, based
upon a failure to make positive findings with respect to Section 2.4.5(E)(5)
(Compatibility).
Recommend approval of the request for Conditional Use modification for an existing ornamental
cast concrete/stone manufacturing facility (Profiles in Concrete) to accommodate an outdoor
storage area, based upon positive findings with respect to Chapter 3 (Performance Standards)
and Section 2.4.5(E)(5) of the Land Development Regulations, and the policies of the
Comprehensive Plan subject to the following conditions:
1. Approval of a site plan by SPRAB that is in general conformance to the submitted
site plan and addresses the "Exhibit "A" - Technical Items and conditions of approval
attached in the staff report;
2. That a dumpster enclosure detail which indicates dimensions, screening, and
materials proposed, and vision obscuring gates be provided; and
3. That no work is to be conducted outside in this storage area. i.e. no sanding, cutting,
forming, or treatment of the concrete products.
Attachments:
. Location Map
. Sketch Plan
. Landscape map
. Exhibit "An
Report prepared by: Estelio Breto. Senior Planner
Planning and Zoning Board Staff Report: Meeting of 4/17/06
Conditional Use Approval Modification - Profiles in Concrete
Page 7
1. Indicate proposed site grades.
2. Verify grass on top of asphalt in paving section is correct.
3. Provide a typical cross section from building to adjacent right-of-way or adjacent property at all
property lines. Pay particular attention to grade differential from proposed site to existing
adjacent properties and show the existing grades on adjacent property.
4. 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. Verify existing retention area is adequate size for on-site storage.
5. Provide certified exfiltration trench test results.
6. Provide 6 inch deep sodded swale adjacent to all roadway pavement within the public rights-of-
way. Indicate swale on engineering plans.
7. Sow connection to outdoor storage area from existing paving in Section A.
8. Provide sidewalk adjacent to property line. All sidewalks shall be a minimum of 5' wide.
9. Show nearest existing fire hydrants and add any necessary hydrants per fire department
requirements.
10. Provide copy of approved Landscape plan.
11. Provide a Pollution Prevention Plan. Prior to and during construction of all sites, the permitee
shall implement and maintain all erosion and sediment control measures included in the required
Pollution Prevention Plan. For projects over one (1) acre in size, provide a copy of FDEP Notice
of Intent.
12. Provide a detailed description of how each of these comments has been addressed, along with
two sets of revised plans to the EngineeringDepartment, 434 S. Swinton Avenue.
13. Additional comments may follow upon provision of requested information.
14. The symbols 'HPD' and 'FIC' are identified on the plant list but do not appear on the landscape
plan. The symbol 'FBH' is shown on the plan but does not appear on the plant list. Please
clarify.
15. No lighting is shown on this plan. Even if street lighting is not required, I would think that the
applicant would want some security lighting for the items stored. If lighting will be installed, it
should be shown on the landscape plan to avoid conflicts with trees or other landscaping.
16. Per 4.6.16{H){3){a) perimeter hedging installed to effect screening of storage areas must be a
minimum of four (4) feet in height at the time of installation and be permitted to grow to a height to
conceal the materials being stored. However, the applicant shall provide a safe sighUdistance
triangle adjacent to the driveway. When a driveway intersects a right-of-way, no hedge, wall or
fence can be installed or maintained at a height that exceeds 36 inches for a distance of 20 feet
from the intersection of the driveway and propertyl right-of-way lines.
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MEMORANDUM
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITYMANAGEROf!\
AGENDA ITEM # ~~ -REGULARMEETINGOFMAY2,2006
MUNICIPAL UNDERGROUND UTILITIES CONSORTIUM
TO:
FROM:
DAlE:
APRIL 28, 2006
Consider a request to join the Municipal Underground Utilities Consortium (MUUC) regarding
Horida Power & Light's (FPL) recent tariff filing offering a 25% credit for local government
underground electric service conversion projects.
Ten Horida municipalities have begun working as the Municipal Underground Utilities Consortium
(MUUC). Currendy, they are joindy studying the fairness of Horida Power & Light's (FPL) recent
tariff filing offering a 25% credit for local government underground electric service conversion
projects.
S:\City Clerk\ agenda memos\CM MUUC FPL 050206
sf-~~~
1i~C:;:JVED
l 2 1 2006
TOWN OF PALM BEACH crr\'MANAGrR
Office of the Town Manager
April 20, 2006
Mr. David Harden
City Manager
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
Re: Municipal Underground Utilities Consortium
Dear Mr. Harden:
Ten Florida municipalities have begun working as the Municipal Underground Utilities
Consortium (MUUC) to, among other related matters, jointly study the fairness of Florida
Power & Light's (FPL) recent tariff filing offering a 25% credit for local government
underground electric service conversion projects. A reputable engineering firm has been
tentatively selected by our working group to conduct this study that, among other
valuable experiences, has converted over 80 miles of the Outer Banks of North Carolina
to underground service. If the outcome of the study is favorable, it is assumed that
hearings before the Public Service Commission will be requested in order to increase the
amount ofthe credit in the applicable tariff or to defend the FPL 25% credit proposal.
The final approved FPL underground credit tariff will very likely become the model for
similar tariffs applicable to all electric utilities regulated by the PSC in the future. So,
even if your community receives electric service from an entity other than FPL, you have
a stake in the outcome of the proposed FPL tariff should you pursue converSIOn to
underground service now or at sometime in the future.
With south and south central Florida in the trajectory of many hurricanes, it behooves us
all to plan for the protection of all critical infrastructure. Citizen demand for underground
service is very high for a variety of reasons. To be responsive to our citizens we must find
ways to provide underground service to them at the lowest possible cost. For this reason
we request that you join with Palm Beach and others in undertaking this underground
study. The larger our group becomes the more political power we will bring before the
Public Service Commission and the less each individual community's cost will be to
Post Office Box 2029 . 360 South County Road. Palm Beach, Florida 33480
Telephone (561) 838-5410. Facsimile (561) 838-5411
E-Mail: townmanager@townofpalmbeach.com. Website: www.townotpalmbeach.com
@AECYCLED PAPER
conduct the study. PSC board members and/or staff have expressed some skepticism
relative to the validity of FPL's tariff offering the 25% credit. A competent study
supporting the proposed credit and an even larger credit could prove to be timely for the
upcoming PSC hearings. PSC board members will be more receptive if a large
consortium of municipalities is supportive of an underground conversion credit. The
savings potential for each community sincerely interested in converting to underground
service, if the 25% credit is adopted and/or expanded, is easily in the millions of dollars.
Any dollars invested today towards the proposed study could provide a monumental
return on your initial investment.
This letter has been sent to over 100 south and south central Florida municipalities. The
cost of the proposed engineering study is approximately $120,000. Thus, the cost is not
significant if shared by all the cities in an equitable manner to be determined jointly with
input from all MUUC participants. The political clout emanating from a larger MUUC
may be more critical than the cost savings realized by having more participants.
Please call me at 561-838-5410 or email meattbradford@townofpalmbeach.comin
order to join us for our next MUUC conference call and to be placed on our email
distribution list. It is perfectly acceptable to delegate the participation responsibility to
any member of your staff. All that we ask for is your participation in this evolving
process.
Your timely response to this important request will be greatly appreciated.
Sincerely,
.-------:-
./ ~ .r--\.
Thomas G. Bradford
Deputy Town Manager
TGB/ab
cc: MUUC Participants
Robert S. Wright, Esq., Young Van Assenderp
H:\TGBILetters\2006\Underground UtilitieslMUUC Additional Towns.doc
CITY COMMISSION DOCUMENTATION
OK
z111
I
TO:
FROM:
DAVID T. HARD N, CITY MANAGER
/H"J.... 'A,le
MARK ~9~~EL ACT G DIRECTOR OF PLANNING & ZONING
~G~ D..' , NIOR PLANNER
MEETING OF MAY 2, 2006 - REGULAR AGENDA
MAJOR ISSUES TO BE INCLUDED IN THE COMPREHENSIVE PLAN
EVALUATION AND APPRAISAL REPORT (EAR)
THRU:
SUBJECT:
ITEM BEFORE THE BOARD
The item before the Board is that of reviewing the existing Goals within the current Comprehensive
Plan and discussing existing or potential problems which might impede the City in achieving these
goals. Staff has included some potential issues for discussion. Commissioners are encouraged to
freely add to this list.
The City's Comprehensive Plan represents the major policy document used in evaluating new future
growth and redevelopment proposals. It also serves as a guide for the City to make decisions on
when and where to spend monies on infrastructure improvements. To remain relevant and to comply
with the Florida Statutes, the Plan must be evaluated or assessed every seven years. However, to
really be effective, the Plan must continually evolve to keep pace with changing conditions and to
take advantage of new opportunities. To accomplish this, the City's Plan has been updated on a
regular basis with usually two amendments per year (the maximum allowed by State Statute.)
The last Evaluation and Appraisal of the Comprehensive Plan was completed in 1996 and since that
time the City has adopted 18 amendments. The Plan currently includes ten elements which address
the following topics:
. Future Land Use
. Transportation
. Housing
. Public Facilities
. Coastal Management
. Conservation
. Open Space & Recreation
. Intergovernmental Coordination
. Capital Improvements
. Public Schools Facilities
The Planning and Zoning Department has initiated steps to undertake the assessment of the current
Plan that will bring the Evaluation and Appraisal Report (EAR) to the City Commission for adoption
in September 2006. When completed, the EAR will represent the basis for amending the
Comprehensive Plan.
qD
City Commission Meeting of May 2, 2006
Major Issues for Evaluation and Appraisal Report
Page 2
EXISTING COMPREHENSIVE PLAN GOALS
The following list represents the Goals from each element in the current Comprehensive Plan.
FUTURE LAND USE ELEMENT
Goal Area -A- - Land within the planning area shall be developed or redeveloped, to enhance the
existing quality of life, compliment existing land use and result in a mixed, but predominately
residential community with a balanced economic base.
Goal Area -B- - The remaining growth of the community shall occur in a manner where new
development will be serviceable and it will not impede the community's ability to accommodate
future growth or detract from its current quality of life.
Goal Area -C- - Blighted areas of the city shall be redeveloped and renewed and shall be the major
contributing areas to the renaissance of Delray Beach.
Goal Area -D- - The public school system which serves Delray Beach shall be an asset to the
community through contributing to the stabilization of neighborhoods and accommodating the needs
and desires of existing and future residents of this city.
TRANSPORTATION ELEMENT
Goal Area -A- - The City's transportation system shall accommodate future growth through
improvements to its street system and alternatives thereto directed toward enhancing accessibility,
facilitating traffic flow, and doing so in a convenient, safe, and efficient manner.
Goal Area -B- - The maintenance and enhancement of the City's existing quality of life shall be
complimented by a convenient, safe and efficient street system which maintains a reasonable level
of service. The system shall keep the local trafficways of Delray Beach at a relatively uncongested
level; thus retaining one of the unique attributes of the Delray Beach quality of life and providing a
driving environment which is safe for the diversity of driving habits which are exhibited by De/ray
Beach residents.
Goals Area -C- - A convenient, safe and efficient transportation network which emphasizes general
safety and which meets the needs of residents, both year-round and seasonal, shall be created. Its
focus shall be upon avoiding congestion and accommodating short trips such as from one's
neighborhood to shopping and service areas.
Goal Area -D- - Alternative (to the automobile) transportation options shall be created especially for
recreational and leisure purposes.
HOUSING ELEMENT
Goal Area "A" - To maintain a safe and adequate supply of housing by preserving existing stable
neighborhoods, stabilizing and enhancing neighborhoods that are in transition, and restoring and
rehabilitating neighborhoods that have declined.
Goal Area liB" - To ensure that an adequate supply of new housing is available in a range of types
and cost levels to meet the needs of the city's future population.
City Commission Meeting of May 2, 2006
Major Issues for Evaluation and Appraisal Report
Page 3
PUBLIC FACILITIES
Goal Area "A" - The purposes, programming, and provision of waste disposal facilities shall be
directed by the ideal of providing a safe and decent physical environment.
Goal Area "B" - Potable water shall be planned for and provided so that it is available to
accommodate demands both in terms of quantity and quality while also making wise use of this
limited resource and the limited resource of capital.
Goal Area "C" - Sewer collection systems and water distribution systems shall be provided to
unserved areas, and existing systems shall be upgraded in such a manner as to provide for the
protection of the environment through an accelerated improvement program.
Goal Area "D" - A coordinated and comprehensive program for the provision of adequate office
facilities for the conduct of city business shall be continued.
Goal Area "E" - Property damage and inconvenience to the public created by flooding and poor
street conditions shall be substantially reduced and, where possible, eliminated throughout the city.
COASTAL MANAGEMENT
Goal Area "A" - The city shall continue its programs for the protection, conservation, and
enhancement of the natural coastal environment and shall undertake additional activities which
protect this fragile environment.
Goal Area "B" - The coastal planning area is a vital component of the economic base of the city. It
shall be enhanced to add to the overall economic health of the city; however, the barrier island shall
not be over-commercialized and over-promoted to the extent that it diminishes the beach resources.
Goal Area "C" - Development and redevelopment in the coastal planning area shall be compatible
with the existing character of the area, and shall provide for a sensitive balancing of the needs for
economic development, redevelopment, and environmental protection.
Goal Area "D" - The city shall enhance its efforts for preparing for and handling disasters within the
coastal region, shall prepare for redevelopment in the event that a disaster does occur, and shall
develop programs for the protection of property and safety of individuals in circumstances other than
disasters.
CONSERVATION
Goal Area "A" - Recognizing the importance of the city's water supply and the maintenance of its
quality, all efforts shall be undertaken to protect, conserve and wisely use water.
Goal Area "B" - Natural reservations and sensitive lands which provide habitat and contain native
vegetation which are vital to the maintenance of the environmental quality of this community shall be
conserved and protected.
Goal Area "C" - The quality of the air and the recreational waterways of the community are to be
protected and enhanced.
City Commission Meeting of May 2,2006
Major Issues for Evaluation and Appraisal Report
Page 4
OPEN SPACE AND RECREATION
Goal Area "A" - Recreational opportunities and facilities which enhance the quality of life, provide
for family recreation and interaction with others, and promote the spirit of community shall receive
high priority in the investment of the capital resources of the city.
Goal Area "B" - An open space retention and enhancement program shall be pursued in order to
enrich the quality of life in Delray Beach as well as enhancing property value and the community
aesthetic
INTERGOVERNMENTAL COORDINATION
Goal Area "A" - A continuous and coordinated effort which involves all affected units of
government, regulators, and service providers shall be made in pursuit of accomplishing the goals of
the comprehensive plan
CAPITAL IMPROVEMENT
Goal Area "A" - The City of Delray Beach shall, in an efficient and timely manner, undertake actions
which are necessary to provide needed public facilities which accommodate future growth and which
meet existing deficiencies.
Goal Area "B" - The City of Delray Beach shall provide public facilities and shall invest public funds
to enhance the quality of life throughout the community and to promote and achieve cultural and
economic growth.
PUBLIC SCHOOLS FACILITIES
Goal Area "A" - Public school concurrency: it is a goal of the City of Delray Beach to provide for
future availability of public school facilities consistent with the adopted level of service standard. This
goal shall be accomplished recognizing the constitutional obligation of the school district to provide a
uniform system of free public schools on a countywide basis.
Goal Area liB" - School facility siting and development coordination: it is the goal of City of Delray
Beach to maintain and enhance joint planning processes and procedures for coordination of public
education facilities for planning and decision-making regarding population projections, public school
siting, and the development of public education facilities concurrent with residential development
and other services.
MAJOR ISSUES
The following list of issues are provided by staff as a starting point to assist in the discussion.
Specific items may be expanded or eliminated based on the Board's input.
1. The impact of current development trends, market demand and high property values, along with
the effectiveness of redevelopment policies, in achieving a balanced mix of land uses capable of
creating a sustainable downtown.
2. The impact of additional intensity and densities in the downtown area on existing infrastructure
(water, sewer, roads, etc) and services.
City Commission Meeting of May 2, 2006
Major Issues for Evaluation and Appraisal Report
Page 5
3. The effect development trends and the high demand for housing in Delray Beach has on the
availability of workforce housing.
4. The ability of the City to continue to increase the level of services through the provision of new
and enhanced programs which are desired by the community, while controlling the need for
additional staff and/or increased financial resources.
5. Availability of an adequate water supply for the future.
6. The effectiveness of existing transportation policies to decrease dependence on the automobile
and encourage the utilization or provision of alternative transportation systems.
7. The effectiveness of existing policies to stabilize neighborhoods.
PLANNING AND ZONING BOARD CONSIDERATION
The Planning and Zoning Board reviewed the above list of major issues at its meeting of April 18,
2005 and reached a consensus to forward the list to the City Commission.
EAR KICK-OFF MEETING INPUT
On April 24, the kick-off meeting for public participation in the EAR process was held. Participants
identified the following additional issues which they felt should be included in the EAR:
8. The impact of the higher residential densities and overall development intensities of projects
being approved downtown on quality of life.
9. Loss of green space in the downtown area.
10. Loss of service businesses downtown through replacement of nonresidential land uses with
residential development.
11. The ineffectiveness of existing regulations to control building mass in areas of the city other than
the downtown.
12. Lack of adequate code enforcement in the city.
It is noted that item 10 is already addressed in the first major issue.
RECOMMENDED ACTION
Discuss and approve the list of major issues to be included in the Evaluation and Appraisal Report
and transmit the list to the Florida Oepartment of Community Affairs with a request for a "Letter of
Understanding" on the contents of the EAR.
eX
/1(0
TO:
FROM:
DAVID T. HARD~N, CITY )IIANAGER
'7Pf~ 'A1~
MARK MCDONNE L, ACTING DIRECTOR OF PLANNING & ZONING
~. ~GGA J, SENIOR PLANNER
MEETING OF MAY 2,2006 - REGULAR AGENDA
COMMITTEE MEMBER SELECTION FOR EVALUATION AND APPRAISAL
REPORT (EAR)
THRU:
SUBJECT:
The item before the Board is that of appointing members of the public to committees associated with
preparation of the City's Comprehensive Plan Evaluation and Appraisal Report (EAR).
As part of the City's 7 -year evaluation of the Comprehensive Plan, committees that address various
components of the Plan need to be formed. Including members of the public to provide input at this
heightened level exceeds the public participation requirements in the Florida Statutes, which are
implemented through the Florida Department of Community Affairs. It is recommended that
committees, comprised of approximately 10 members each, assist in the preparation of the EAR:
. Future Land Use Committee
. Transportation Committee
. Housing Committee
. Open Space & Recreation, Conservation and Coastal Management Committee
The committees will meet two to three times in May and June 2006, and provide input to:
. Review past actions of the City in implementing the Plan since the last EAR
· Assess the degree to which plan objectives have been achieved
· Assess both successes and shortcomings of the plan
· Identify ways that the plan should be changed
A list of people who have expressed interest in the EAR process is attached. Prior to the EAR kick-
off meeting on April 24, 2006, 52 people had telephoned or emailed expressing their interest.
Additional people attended the kick-off meeting. Public awareness of the EAR process was
enhanced by including a notice on water billing statements, along with several newspaper articles
inviting residents to participate. While the attached list includes interested members of the public
gathered through telephone responses, email messages, and those who signed up at the kick-off
meeting, additional names will be provided at the meeting, since inquiries continue to be received.
The Commission is also encouraged to recruit citizens to serve on these committees.
Anyone interested in participating, but not selected for a committee, will still be able to attend the
meetings and provide input to the committees. Additional opportunities for public participation will
occur at the Planning & Zoning Board and City Commission public hearings through the EAR
adoption process.
C\E
City Commission Meeting of May 2,2006
Committee Member Selection for Preparation of Evaluation and Appraisal Report (EAR)
Page 2
It is recommended that the Neighborhood Advisory Council, comprised of 15 members, be
appointed to serve as the committee on Housing. The Commission should appoint members to
serve on each of the other three committees. Following our normal rotation process, each
Commissioner would appoint 2 members to each of the three remaining committees.
Attachments:
. List of people interested in participating in the EAR process
. List of Neighborhood Advisory Council Members
The following is the list of people who have signed up to participate in the EAR preparation
and/or attended the kick-off meeting:
Name Address Committee Preference
Annette Annechild 300 N. Swinton Ave
Cathy Appleton 1127 Nassau Street
Larrv Batch 6014 Bav Isle Drive
Terrv Bean 900 Linton Blvd, Suite 2B
Deborah Bennett 137 Seabreeze Ave Future Land Use or Transportation
John Bennett 137 Seabreeze Ave Future Land Use or OS & Rec
Jason Breaman 3320 Delrav Bav Dr. #316 OS & Recreation, Conservation & Coastal
Charles Bonfield 220 Macfarlane Drive, # 1203
Carol Cardinale
Stephen Casoers 2200 S. Ocean Blvd
Jeff Costello 981 Delrav Lakes Dr. Future Land Use or Transportation
Lisa Dean 1100 SW 4th Ave, #8C
Kathie Dearat 134 SW 5th Ave
Genie DePonte 24 Marine Way Future Land Use
Nike Descoteaux
Vince Dole Friends of Delrav
Vlad Dumitrescu 215 N Seacrest Cir
Marion Ehlers
Bunnv Elrod 302 SW 1 st Ave
Torrev Everett 50 East Road
Kathv Fazio 1118 Harbor Drive
Alice Finst 707 Place Tavant Future Land Use
Gerrv Franciosa 939 Eve Street 33483
Diane Franco 2737 S. Clearbook Cir Future Land Use
Carv Glickstein 277 SE 5th Avenue
Georaanne Goldblum 615 N Ocean Blvd
Chuck Halbera
June Hefti 1000 Lowrv Street
Paula Honker 615 Wioain Road
Tom Honker 615 Wiaain Road
Leslie Horenburoer
Susan Hurlburt 1230 Vista Del Mar
Tricia Irish 1225 Vista Del Mar Drive
Maroerv Johnson
Beth Johnson 3775 Satin Leaf Ct.
Clair Johnson
Shirlev Johnson 701 NW 4th Street
Andv Katz 220 S. Ocean Blvd
Javne Kino 3400 Place Valencav Transportation
Lvnn Korp 215 SE 5th Ave
Livia Landrv 701 N. Swinton Aveue
Sharon L'Herrou Weed & Seed
Todd L'Herrou 830 Kokomo Key Lane OS & Recreation, Conservation & Coastal
Gilles Lucas 1119 Miramar
Isabel Make 1584 Estuarv Trail Future Land Use
Pam Mauaham 102 N. Swinton Ave
Woodie McDuffie OS & Recreation, Conservation & Coastal
Sharon McGuire 22 Grove Wav
Greoorv Mirow 1001 Casaurania Rd
Shirley Mirow 1001 Casaurania Rd
Liz Newman PO Box 83-2115 33483
Queen Owens 328 NW 2nd Ave
Thomas Owens 328 NW 2nd Ave
Francisco Perez-Azua 4415 ReQal Ct. Future Land Use
Leo Phillips Beach area
Name Address Committee Preference
Karen Preston
Linda Prior 2455 Lindell Blvd. #3510
Paul Ramsev 717 NE 2nd Ct
Karla Ramsev 717 NE 2nd Ct
Pam Reeder 18 NE 12th Street OS & Recreation, Conservation & Coastal
Hans Reinisch
Nancy Richards 934 CYDress Drive
Mel Sacha row Transportation
Fran Sachs
Leon Sachs
Jim Smith 1225 S. Ocean Blvd. #202 Transportation
Jess Sowards 134 NE 1st Avenue
Harvey Starin 3596 Admiral's Way
Nancy Stewart 10 SE 1 st Avenue, 2nd Floor
Amy Thisse 715 NE 1st Ct.
Barbara Thornbrouah 128 Marine Way
Richard Van Gernert 912 Eve Street
Jeri VonTaube
Marv Walton 905 Bond Way
Henrv Warren 790 Andrews Avenue
Randy Welker 290 NE 5lh Avenue #5 Future Land Use
Bob Wells 111 NW 11th Avenue
Patsy Westall 1102 Sea Dray Ave
Charlene Wilkinson 125 MacFarlane Dr.
Claudia Willis 160 Marine Way Future Land Use
Bill Wood 3777 NW 8th Street Transportation
NEIGHBORHOOD ADVISORY COUNCIL
TERM EXPIRES DISTRICT NAME & ADDRESS
10/31/07 Zone 1 Bernard Federgreen
Appt 12/14/04 1260 NW 24th Avenue
Delray Beach, FL 33445
10/31/07 Zone 2 Stephen Lampel
Unexpired Appt 06/21/05 2745 N. Clearbrook Circle
Delray Beach, FL 33445
10/31/07 Zone 3 Karen Lustgarten
Appt 11/04/03 1850 Homewood Blvd #408
Reappt 12/04/04 Delray Beach, FL 33445
10/31/07 Zone 4 Cory (Caroline) Cassidy
Appt 11/04/03 424 Palm Trail
Reappt 12/14/04 Delray Beach, FL 33483
10/31/08 Zone 5 L'Tanya Allen
Appt 10/25/05 1014 Mango Drive
Delray Beach, FL 33444
10/31/08 Zone 6 John Spaulding, II
Unexp Appt 03/21/06 948 Dogwood Drive
Delray Beach, FL 33483
10/31/08 Zone 1 Arthur Brown
Appt Unexp 01/13/04 4255 Northwest 10th Street
Reappt 11/15/05 Delray Beach, FL 33445
10/31/08 Zone 2 Bonnie Raycroft
Appt 11/15/05 213 Sherwood Forest Drive
Delray Beach, FL 33445
10/31/06 Zone 3 Susan Kay
Appt 11/04/03 2571 Hampton Circle North
Delray Beach, FL 33445
10/31/06 Zone 4 Mike Cruz
Appt 11/04/03 1510 North Swinton Avenue
Delray Beach, FL 33444
10/31/06 Zone 5 Gail Lee McDermott
Appt 11/04/03 721 Southeast 3rd Avenue
Delray Beach, FL 33483
10/31/06 Zone 6 Jeremy Office
Unexp Appt 10/05/04 2837 Cormorant Road
Delray Beach, FL 33444
10/31/07 At Large Pamela Williams
Unexp Appt 03/21/06 Representative 245 NW 8th Avenue
Delray Beach, FL 33444
10/31/08 At Large Patricia Westall
Unexp Appt 04/19/05 Represen tative 1102 Seaspray Avenue
Reappt 10/25/05 Delray Beach, FL 33483
10/31/06 At Large Charles Stravino
Appt 11/04/03 Representative 3631 Lowson Boulevard
Delray Beach, FL 33445
10/31/08
Vacant
Student
10/31/08
Vacant
Student
S/City Clerk/Board 04/Neighborhood Advisory Council
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER m1
SUBJECT: AGENDA ITEM # ~ F - REGULAR MEETING OF MAY 2. 2006
REPORT OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
DATE:
APRIL 28, 2006
Attached is the Report of Appealable Land Use Items for the period April 17, 2006 through April 28,
2006. It informs the Commission of the various land use actions taken by the designated boards that
may be appealed by the City Commission.
The Planning and Zoning Department is requesting that the City Commission appeal the Historic
Preservation Board's decision on Item #3 regarding 112 N.E. 7th Street.
Recommend review of the appealable actions for the period stated. Receive and file the report as
appropriate.
S:\City Clerk\agenda memos\apagmemo 050206
TO:
FROM:
DAVID T. HARDEN, CITY MANAGER
PAUL DORLlNG, DIRECTOR OF ,~LANNING AND ZONINcVH~~ ~
JASMIN ALLEN, PLANNER /f{;;)~,\ t2{lt~"L--
MEETING OF MAY 2, 2006 ~ONSENT AGENDA *
REPORT OF APPEALABLE LAND USE ITEMS APRIL 17, 2006 THRU APRIL 28,
2006
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 17, 2006 through April 28, 2006.
This is the method of informing the City Commission of the land use actions, taken by designated
Boards, which may be appealed by the City Commission. After this meeting, the appeal period shall
expire (unless the 10 day appeal period has not occurred). Section 2.4.7(E), Appeals, of the LDRs
applies. In summary, it provides that the City Commission hears appeals of actions taken by an
approving Board. It also provides that the City Commission may file an appeal. To do so:
1. The item must be raised by a Commission member.
2. By motion, an action must be taken to place the item on the next meeting of the Commission as
an appealed item.
No appealable items were considered by the Board. The items which were considered by the
Board will be forwarded to the City Commission for action:
. Recommended approval with conditions (7 to 0), of two conditional use requests to allow the
construction of free standing multiple family residential units as part of a mixed-use development
and to allow a density in excess of 12 units per acre (17.8 du/ac proposed) subject to the
provisions of Article 4.7 "Family Workforce Housing" for Village Parc, located on the east side of
North Federal Highway, approximately 2,300 feet south of Gulf Stream Boulevard (former Oelray's
Lost Drive-In site).
. Recommended approval with conditions (7 to 0), of a conditional use request to allow the outside
storage of materials in conjunction with the design and manufacture of architectural (non-
structural) pre-cast concrete products for Profiles in Concrete, located on the east side of Lime
Lane between Royal Palm Drive and Poinsettia Drive.
· Recommended approval (7 to 0), of a rezoning request from A (Agricultural) to R-1AAA (Single
Family Residential) for Germantown Road-Cutler Property, located on the southeast corner of Old
Germantown Road and Rabbit Hollowe Drive.
. Recommended approval (7 to 0), of a privately initiated amendment to the Land Development
Regulations Section 4.3.3 "Special Requirements for Specific Uses" and Section 4.3.4(H)(4)
"Structures Allowed in Setbacks" to allow permanently installed generators within required
setbacks and providing specific regulations for the location, operation, and buffering of permanent
generators.
City Commission Documentation
Appealable Items Meeting of May 2, 2006
· Recommended approval (7 to 0), of a City initiated amendment to the Land Development
Regulations Section 2.4.3.(K)(3)(S) to waive all permits fees regarding the installation of
generators for all service stations, grocery stores, kidney dialysis centers, pharmacies, residential
buildings with elevators, country clubs and clubhouses within residential communities.
· Recommended approval (7 to 0), of a City initiated amendment to the Land Development
Regulations Section 4.3.4(K) "Development Standards Matrix" to clarify setbacks for structures in
residential districts.
· Recommended approval (4 to 3, Chuck Halberg, Paul Zacks and Diane Borchardt dissenting) of a
City initiated amendment to the Land Development Regulations Section 2.4.6(E) "Tree Removal
Permit" and Section 4.6.19 "Tree Protection" to provide for the designation and protection of
historic trees.
· Recommended approval with conditions (7 to 0), of a combined preliminary/final plat for a
proposed 1.026 acre, mixed-use development containing 8 townhouse units, 3 residential
condominium units and 2,642 square feet of office floor area known as Atlantica, located between
NE th Avenue and NE 6th Avenue (Northbound Federal Highway), approximately 150 feet north
of George Bush Boulevard.
t
SITE PLAN ltEVIEW AND :AP'~ARANCEB~~~':>~PRll19,2()06
I
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A. Approved (6 to 0, Andrew Youngross absent), a request for a master sign program for Wallace
Drive Commerce Center, located on the northwest corner of Georgia Street and Wallace Orive
(1250 Wallace Drive).
B. Approved (5 to 1, Roger Cope dissenting), a Class I site plan modification associated with the
elimination of two architectural arches (between Buildings 1 and 6 and Buildings 4 and 5) for
Porta-AI-Mare, located on the west side of NE 6th Avenue, between NE 1st Street and NE 2nd
Street (150 NE 6th Avenue).
C. Postponed (6 to 0), a Class V site plan, landscape plan and architectural elevation plan for
Ebenezer Wesleyan Methodist Church, located on the east and west sides of SW 6th Avenue,
north of SW 2nd Street. The Board tabled the site plan and requested that the applicant redesign
the parking area to address the placement of the handicap parking spaces and access ramps and
the relocation of a Live Oak tree. The Board also requested that the applicant revised the
architectural elevation plan to provide more details of the proposed architectural features.
~:
SITE' PLAN REVIEW ANDAPPeARANCE;!'QA~D APRfl26, 2006
........-...-...-.........,....... ................................-.-...,.-.-..-.-...-...............................................................-.........-......_..-._.........-....-...-....."-;"":.'-,',',-'"-._,',--,,-._,,-._,,-_.-._,,,--,'-",--",-""--",-,-.,-,-..--..",',-.",,'--".,,,-'.,.,-..-.".',,-'_.--_.--_.--,.',,--,.'_.-'--"----..---'-'.-.-..-" .....................
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O. Approved (6 to 0, Jose Aguila absent), a request for a master sign program for Maroone Nissan,
located on the west side of South Federal Highway, south of Linton Boulevard.
E. Approved with conditions (5 to 0, Dan Carter stepped down), a Class V site plan, landscape plan
and architectural elevations associated with the construction of four town homes for Venetian
Drive Townhomes, located on the west side of Venetian Orive, between Ingraham Avenue and
Nassau Street.
2
City Commission Documentation
Appealable Items Meeting of May 2, 2006
F. Postponed (6 to 0), a Class V site plan, landscape plan and architectural elevation plan
associated with the construction of 75 multiple family dwelling units and 13,900 sq. ft. of office
area and 13,781 sq. ft. of retail floor area for Royal Palm Club, located at the northeast corner of
South Federal Highway and Fladell's Way. The applicant had submitted an internal adjustment
request to reduce the required 30' separation for the 3-story structure to 18' between buildings 2
and 3; buildings 4 and 5; and buildings 6 and 7. The Board postponed the item based on the fact
that the City Commission with the conditional use approval had established a condition of
approval which required that the required setbacks (i.e. 30') between the townhouse buildings be
provided. The Board requested that the minutes and tapes of the City Commission meeting be
provided in order to verify the specific language of the condition of approval as made by the City
Commission.
G. Approved (6 to 0), a Class IV site plan modification, landscape plan and architectural elevations
associated with the construction of 46 additional three-story townhome units for Bahia Delray,
located approximately 2,100 feet south of Linton Boulevard, between 1-95 and Lindell Boulevard.
Concurrently, the Board approved a waiver to allow back-out parking spaces onto a private street
with a ADT (Average daily Trips) in excess of 200.
H. Approved (6 to 0), a Class V site plan, landscape plan and architectural elevation plan associated
with the construction of 20 condominium units and a private yacht club for Yacht Club at Oelray
Beach, located on the west side of Macfarlane Drive, between Miramar Street and Ingraham
Avenue.
1. Approved (6 to 0, Francisco Perez-Azua absent), a request for a Certificate of Appropriateness
associated with an ad valorem tax exemption application for improvements to a contributing
residence located at 1127 Nassau Street.
2. Approved (6 to 0), a request for a Certificate of Appropriateness associated with a 577 sq. ft.
addition and alterations to a non-contributing residential structure located at 701 NE 3rd Avenue.
3. Approved (5 to 1, Joanne Peart dissenting), a request for a Certificate of Appropriateness
associated with the construction of a new 3,395 sq. ft (under a1c) two-story single family residence
located at 112 NE 7th Street. The Planning and Zoning Department is requesting that the City
Commission appeal the Historic Preservation Board's decision on this item.
By motion, receive and file this report.
Attachment: Location Map
3
CITY OF DELRAY BEACH, FLORIDA
- City Commission Meeting -
MA Y 2, 2006
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A. WALLACE DRIVE COMMERCE CENTER
B. PORTA-AL-MARE
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D. MAROONE NISSAN
E. VENETIAN DRIVE TOWNHOMES
F. ROYAL PALM CLUB
G. BAHIA DELRA Y
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HPB
1.1127 NASSAU STREET
2. 701 NE 3RD A VENUE
3.112 NE 7TH STREET
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-,,-,,-,,- CITYUMITS .,-,,-,,-
ONE MILE
GRAPHIC SCALE
CITY OF DELRAY BEACH, FL
PLANNING & ZONING DEPARTMENT
APRIL 2006
- - DIGITAL BASE MAP SYSTEM--
Planning & Zoning Department
MEMORANDUM
~1
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TO:
FROM:
City Commission
Paul Dorling, Director of Planning and Zonin~.wL ?Ie ~ r
Amy E. Alvarez, Historic Preservation Planne~.
April 24, 2006
HPB Approval - 112 NE 7th Street
THRU:
DATE:
RE:
At the April 19, 2006 Historic Preservation Board (HPB) meeting, a Certificate of
Appropriateness (COA) for the construction of a new, two-story, single-family residence
located at 112 NE ih Street was approved. The aforementioned review was the third
conducted by the HPB, the first of which received a Staff recommendation to continue
with direction according to the suggestions pointed out in the Staff Report, and the last
two of which received a Staff recommendation of denial. The application complies with
neither the Land Development Regulations, the Delray Beach Historic Preservation
Design Guidelines, nor the Secretary of the Interior's Standards for Rehabilitation, all of
which are used in the review and issuance of a COA. Therefore, positive findings
should not have been made with regard to the aforementioned review criteria.
Pursuant to LOR Section 2.4.7(E)(3)(a), receipt of the letter of appeal from the
aggrieved party must be received by the City Clerk within ten (10) working days of the
action being appealed. When the appeal is by the City Commission, it shall be made no
later than that meeting of the Commission at which the Board's action is reported to it.
Therefore, the Planning and Zoning Department respectfully requests that the City
Commission pull this item from the appealables of the May 2, 2006 meeting in order to
set a date for an appeal of the HPB's decision by City Staff.
[ITY DF DELRAY IEA[H
0.1\
\
CITY ATTORNEY'S OFFICE
..'1)(1 NW Isi AVE.!\I. F . DELRAY BEACH, FLORIDA 33444
[i 1.Ii'1l0~L: :'l,l hi\!I!"!i' F/\CSIMILE: 56i/278-4755
Writer's Direct Line: 561/243-7090
DELRAY BEACH
D.e.d
All-America City DATE:
, III '(~ TO:
MEMORANDUM
April 26, 2006
City Commission
David T. Harden, City Manager
i~
1993
2001
FROM:
Terrill Barton, Assistant City Attorney
SUBJECT: Direction reqardinq whether or not to Abate Lawsuit in Vista Del Mar,
L.C. v. City of Delrav Beach pendinq the outcome of the appellate
case
On December 7, 2005, the Commission heard and granted Boston's appeal of the
site plan approved for Hotel Vista Del Mar that was approved by SPRAB at its
August 8, 2001 meeting. On or around January, 2006, Vista Del Mar filed a
petition for writ of certiorari in the Appellate Division of the Circuit Court appealing
the Commission's December, 2005 decision.
Also, in January, 2006, Vista Del Mar filed a separate legal action against the City
requesting Declaratory and Injunctive Relief regarding the City's granting of
Boston's appeal. This second lawsuit was filed in the Civil Division of the Circuit
Court. Although the lawsuit was filed with the Court on January 5, 2006, it was not
served upon the City. The Plaintiff has 180 days to serve a summons on the
defendant and we are still within the 180 day time period.
On or around April 24, 2006, Mark Rothenberg, attorney for Vista Del Mar, called
our office and explained that he would be serving the Civil lawsuit on the City
before the expiration of the 180 day time period, but wanted to know if we would
agree to abate the lawsuit pending the outcome of the appellate case.
Our office is hereby seeking direction as to whether or not we should agree to
abate the civil lawsuit pending the outcome of the appellate case.
cc: Chevelle Nubin., City Clerk
qG
MEMORANDUM
TO: MAYOR AND CIIT COMMISSIONERS
FROM: CITY MANAGER ztrI)
SUBJECT: AGENDA ITEM # CU1 - REGULAR MEETING OF MAY 2.2006
APPOINTMENT TO THE COMMUNIIT REDEVELOPMENT AGENCY
DATE: APRIL 2S, 2006
Ms. Brenda Montague submitted her resignation from the Community Redevelopment Agency effective
March 27, 2006, due to her being elected to City Commission. This created a vacancy for a regular
member to serve an unexpired term ending July 1, 2OOS.
Per Florida Statute, any person may be appointed to the Community Redevelopment Agency if he or she
resides in or is engaged in business (which means owning a business, practicing a profession or
performing a service for compensation, or serving as an officer or director of a corporation or other
business entity) within the area of the agency which is coterminous with the municipality and is otherwise
eligible for such appointment. The City Attorney has determined that anyone who resides within the
City limits is eligible for appointment. A person cannot hold any other public office other than his/her
commissionership or office with respect to the Community Redevelopment Agency.
The following individuals have submitted applications and would like to be considered for appointment:
See Exhibit "A" attached
A check for code violations and/or municipal liens was conducted. None were found. Voters
registration verification was completed and all are registered with the exception of Mr. Mercatur
Guerrier.
Based on the rotation system, the appointment will be made by Commissioner Ellis (Seat #1) for one (1)
regular member to serve an unexpired term ending July 1, 200S.
Recommend appointment of one (1) regular member to the Community Redevelopment Agency to serve
an unexpired term endingJuly 1, 2OOS.
William Branning
Marlene Brown
Reginald Cox
Mark Denkler
Deborah Dowd
Joe Farkas
Katherine Fazio
Gerald F ranciosa
Diane Franco
Bruce Gimmy
Mercatur Guerrier
David Hawke
James Houck
Fran Marincola
George Maso
Rich McSJloin
Leonard Mitchell
James O'Brien
Jerome Sanzone
Kevin Schenck
Dinah Stephenson
Harold Van Amem
EXHIBIT "A"
COMMUNITY REDEVELOPMENT AGENCY
General Contractor
Business Owner/Travel (retired)
Self-employed
Business Owner (currendy on the Parking Management Advisory Board)
Education
Manager/Banking
Administrative Assistant
Law Enforcement (retired) (also applying for the Board of
Construction Appeals)
Land Developer
Business Owner/Retail
Business-CEO
Architect
(currendy serving on the Code Enforcement
Board)
Property Manager
(currendy serving on the Board of Construction
Appeals)
Business Owner
Semi-retired
(currendy serving on the West Atlantic Avenue
Redevelopment Coalition)
Engineer/Business Owner/Business Division Vice-President
Law Enforcement
Property Management
Building Official
Marketing
Attorney/Real Estate
Developer
(currendy serving on the Education Board)
lJRENDA B. MONTAGUE
March 27, 2006
REC~/' I
. v120
. HAN 2 /] 2006
City CLERK
Diane Colonna, Executive Director
Delray Beach Community Redevelopment Agency
Board of Commissioners
20 NW 1st Avenue
Delray Beach, FL 33444
Dear Diane and Board of Commissioners:
It is with regret that I must resign my position as Community Redevelopment Agency
Chairperson (CRA), effective March 29, 2006. My new duties as Delray Beach City
Commissioner will preclude me from serving as CRA Chair.
It has been an honor to serve with my fellow CRA commissioners andCRA staff as we
move forward implementing the community's redevelopment plans.
Sincerely,
--...
Brenda B. Montague
Cc:
Mayor Jeff Perlman
Susan Ruby, City Attorney
David Tolces. CRA Attorney
COMMUNITY REDEVELOPMENT AGENCY
4 YEAR TERM
104 W. Atlantic Ave.
Delray Beach, FL 33444
04/06
Diane Colonna
Executive Director of CRA
TERM REGULAR MEMBERS OCCUPATION TELEPHONE
EXPIRES
07/01/2009 Peter Arts Life Insurance Office: 395-1433
Appt 07/05/05 1746 Fern Forest Place Agent Home: 637-3640
Delray Beach, FL 33445 Cell: 703-4770
Fax: 395-4755
07/01/2007 Thomas F. Carney, Jr. Attorney Office: 330-8140
Appt06/17/03 1219 Vista Del Mar Drive Home: 272-5010
Delray Beach, FL 33483 Fax: 330-8233
07/01/2009 Evelyn Dobson Financial Office: 441-6219
Appt 06/21/05 130 NW 3rd avenue Home: 276-3593
Delray Beach, FL 33444 Fax: 272-4246
Cell: 573-8656
07/01/2006 Howard Lewis Business Owner Office: 276-5183
Unexp Appt 04/15/03 2953 Sabalwood Court Home: 498-3651
Delray Beach, FL 33445
07/01/2008
Unexp Appt Vacant
07/01/2009 James L. Shuler, Vice Chairperson Funeral Director Office: 265-0622
unexpired term 05/15/01 606 West Atlantic Ave. Embalmer Cell: 441-1129
Reappt 06/19/01 Delray Beach, FL 33444 Fax: 265-2730
Reappt 06/21/05
07/01/2009 Franklin Wheat, 1 st Vice Chairperson Realtor Office: 278-2628
Unexp Appt 04/15/03 12195 South Dunes Road Home: 737-3600
Re Appt 07/05/05 Boynton Beach, FL 33436
Contact person: Diane Colonna 276-8640
S/City Clerk/Board 04/CRA
Commission Liaison: Jon Levinson (Primary Member)
Brenda Montague (Alternate Member)
n4!10!~006 0~:03 561~7~7440
- ~. . V",... I'Ll'" 1.;); 01 j"'U 5li1243J'7i' 4
Ple.se or cnt the fono
1. Last Name: 13 fZCi 'n n I n
2. Home., Address: , <L
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3. l...r:g:U Residence; .
/-:4 rn 4~ aJ.JVVe"
4. P.ciacipal Business Address:
, q lJ6 2nd )~
S. Home Phone: Business Pholl,e;
ii1 I, ~"1)" b 3'30
6. Are you ~ registered vott:r:? (:::..5
infouwuion:
I4J 003
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CITY OF DELRA Y BE:ACH
BOARD MEMBER APPL,ICJllthtlfj;E\\/ED
APR , {\ 1UU6
. CLERK
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3707:;S;}- ;71;) 7410
Fax:
C\l-A.
8. list l\1l City Board" on which you ne cu.rt:eo.tIy sccring or hllV"e prcviouslt S~E;o I: (please include ~res)
1 t. Give roue resent,. Of most recent employee. ~nd posicion:
~+
'12 D~cribe apa:iences, skills or kn.owt~<:ITbiCh qualify you to save 00. this lx.ud: (Ple<l.Sc attllch II boe! reclUl1e)
I hereby ~ettify th~t all th.e a~ove tltcments are ttUe, <md I agree and undca;tand ~~y tr.isstlltt:m.c:o.t of matcci.al6tcl:S
contained in this appliCA!:I: e for.feiture u.pon my pan of any llppoino:netlt I may NCeivc.
~- ". ,_ti,O&
SlGNATIJRE. , DA.TE
Note: This application. will retn.ain O.Q 10 the City Clerk's Office:: for. It period of :'~ years from the date it: ~
submitt<=cllt will.be the applicant's responsibility to eOsure'that 2, omen!: 9f>pli.cation is on file. ,
S'aT"i~~c:...TION'
- -
DELRAY B'EACH
. .. 0 .. . . ""
me
1993
2001
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
RECEIVED
JUN 2 0 2005
CITY CLERK
~I f)tJ! 01J
*****
Please e or tint the followin information:
1. Last Name:
,I
HA4LEI
V
Name 91 '::i~ 1:1
. .. .'5. ~, -' .
f<.. L- E" ,J E'
OR City DE/.Il/+y BeH S,i Zip Code
'7 ~ <( <(s-
City State Zip Code
City State Zip Code
I 2. Home Address:
3S-0f
3. Legal Residence:
4. Principal Business Address:
5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax:
L1-~q -\f l qq ---- 2EN J.1t+-R..@o,ddfhl'l oft r -.
6. Me you a registered voter? 'j EJ If so, where are you registered? 7) t/t. R/fA-( .8.C,H
7. What Board(s) are you interested in serving? Please list in or:der of pr:eference: C f<. A
8. List all City BoardS on which you are currendy serving or: have pr:eviously served: (Please include dates)
ED ,~o ~D
~ /E:RHS - /( &TIR..itUG. 7;;1/05-
9. Educational qualifications:
13' . P/<O fV1
&OUCH(;-If- Co L L~GE
to. list any related professional certifications and licenses which you hold:
11. Give yow; present, or most recent employer, and position:
, '5 "FO./ Po- L-O rJG lA.) H I L f'"" - 0 "if ,1/ F re L9 r: T /? 1J--i1 E L Ii-6' 61lfC Y
'12 Describe experiences, skills or knowledge whiCh qualify you to serve on this board: (please attach a brief resume)
J4. 11J1t=IV;:S'-r I/IJ ,tf-c 0/;4 ND '(t/[ING ~.s To J.ErrerJ,Nfi-OF
I!\- GOo EA. of 7: - FD &.oltR 0 "M ~R r /-Fitl! /I)&-D .-r rff/rU
(?,itfJ tif I+tJ A <;(f", , { PROPf'R("'''f 5tHoOLEO I/,J rifF ;UEf;DS ol-CR.
I hereby certify that all the above statements are ttue, and I agree and understand that any misstatement of materi.al facts
contained ill this application may cause forfeiture upon my part of any appointment I may receive.
.1lLohhu~, ~6~ ' (P11S-~s
'1NAWRE . -j- DATE I {
Note: This application will remain on file in the'City Clerk's Office for a period of2 years from the date it was
submitted. It will be the appliamfs responsibility to ensure that a cuttent application is on file.
S\CITY~A1W\AFPUCAnON
,eLm 3/;;;l,a
~'rom
.t<.egg~e ~ox
DHRJW &lACH
~
AlJ-.AmericaCity
" II J:
1:0.:::':t.;).;)fl':t
a.~ 0 / :1 / .::: v v ;;;;) .L.L.;;'> 0 ..K.Lv~
VV.L/ V\
PIc:3~~~ cype or peint dle. foUowing- info~:Lioa:_
1. l.=;t N anw:c::::. 0/
2. H;;7/ 2tdr;JW ~:
1 up..! Residence:
~1V1e-
4. Poncipal I>w.iucs:> il.ddtc~s:
i
i~
City z:B-~,y' .~11/
.. . ~L..
Clty
II
State
.fl-.
Stale
Jr II
~.'.I /117
RECEI\/ED
AUG - 9 2005
TY i)~E~K
M LA-.
Zip Code
33.4-4
Zip (':::ode
/( /!
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
1993
2001
II
7 A1~( 6
( ~ll.y
.(
t"(
$bUC
A II"
7,ip Code
/.
"
-
5. Home Phone.:
~/-' 2?Z!fr,15
Business Pb.ouc:
6_ ~-\Ie you a J.:t'{:lsceJ.cd \'oter>
<;b/2{6-;{?};::;
c?
E-Mail Addt:ess: Cdl Phone: f'aJc
(<aUt!? /fri{1pj 1!~!7l~(!~..~__ ~fZ:;lU~/f)3J
T f ~'O. ~vlK(e ne. Yp~J:e~..:~d_~.a._ "
7 _ \X/I,"t H(J'~ttl(~) arl:. YDU inlnc.:;tcrl 3C[""vlng:- Pkane li~t in ntd~r of pr~fn(':ncC':
"fl7f1.JlJ/N& ?PIU I NO c.. ~ { /1/:t?f>7 A-TZ. j4f-;~~k;l~
8. l.J.~l all City Boards 00 which you ;U';~ curr~nt]J $,.r..-ing Or h.n'c previously Se.1TCd: (ple.ase include datc:~)
)c(V17/KUO(rm! ~-WE~, 6Pf?:"Ae> 0/G2_l?JJ7:)
Educationa.l <:jua.ljfw~1.tjoTls:~ r ( ~. .
/~J;5 at.l~WG97 AfYU/~- M-clfGLoj.~J>~---B}ft:,~r.7?;:{})<'!E_ I
A . ~. e - r/ ? SIGAl. _ . __ .
to List any teb.ted prole.<>:->ion:J l..:t:tlillotiom :u.l.d license-s which you hold:
__ q ..... _ !tA-.~ E>V1It1I/UeR)
eviL . r -:-dLZ1fi;V
11. (Jive your pre.sC'.nt, or U.lO~t .tc.;Ct;ut l:rnploycr, ..ad position:
r~ ~t.( ~: I
I
)&1p-}c.
-' ---<:::-&1~"?:
1") Dcscci ~ie.J:ie.nc.c;s. ~kills Dr: I.<JW\1:1cdr;c '.,.rueh CJua!jfy YOl1 to ~."'tvt' On this bo:l:u:d: (P!{OI,SC atbch "A scief f(':$llOl.::)
/61&;q7fS>_G;)'f.~~:.r-~g;- /rJ TH-l?-~ /f~ /~''O?-~7~ .
fflf'{B1J({/It!' c~~~r ~~// ~~__.~f3;AlC~
,/ . /
---:-=a
.~. .---... -
I hereby ccuify that ll.11 tb.: l\b(~.vt, S13tcmcnts arc rme:, 'lnd r"J;,'t:ec:. :md understand th.ar: any 111isstatemel.lt ~Jf mat>c.r:Ut1 facts
e'-'ntainl':~ . . - npplicatiory"rnay cause. fotteilutc l'pun my p:ut of ~HlY :lppointmcnl I m"y .teceive.
/' /i . 8/~ 10)-
. DATi I
· T.te: . .~ applic;:ation WilllCllWJl on file ill th~Ci.ry Clerk's Office for a period of 2ye:.u:s from the date it was
~.ulJmittc.:L It will be the :\ppli.('~ut's 1(::~PQnsibility to <:nsufl.: t halo a current appJic:.ltion is Ofl fil<~.
"""~[T\'<:J H'~j""'''F.n\.~rF(IC.n,.n.1
REGINALD A. COX
715 NW 2",1 SITe.;.
Ddray RC;i~h FJ. :U444
(561-573-113] )
R.L::GCOX@AULCOM
ObjCCl.jl'C~ Tu (trm'idt: qllu1it.)' [Iruressioll~1 sen'ke $ttpport. to 1\ good h:~Ull, ill Bit arehitt!l.'lu.-al.
cotlstrudiou, or n::lat~d em..ironment that utTer:-; noibility !lnd promotes professional d~v~lophUHU_
HIGHLIGHTS 01<' QUALIFlCATIOI\S
. 15 years djvc~jjicd c.\pt;nclIt:c In Architecture. Ci~'il Engineering, Constru(:tion Management, and
Surveying/l'v1apping. (8 )'~.a~ architectural specillc.); Ability {O prioritize. delegate, and motivate.
. Q\lic;:k learner; thrive in a dynamic, challenging environmeTlt; \Vor}.; cOQper.nively with a .....ide range of
c1i~nt',; State I.ice]ls.e~i Architec.'t. State Licensed Building Inspector: Sbte l.icen.<;ec:l PIa"", Examiner
RELEVANT EXPERIENCE
Construction Documentation
. Ovel'sa\.\'. ti~)da{eJ. and /Illtirltuincti civil ~'ngin;:;;ring systems dnn....ing.5 foJ' the City of Uelray Beach
Environmental St':rvic.e~ Dcpartnlt.:nl II.)r limr yellr~.
. Successfully completed 3.rchit~ctural construction documents for educational, office, residential,
c(.mmen;ial. aod retrofit pw]ects over ltle ll'l~t nine years.
. Allalyzed :md interpreted legal dcscripll()n~ to pmduLc digilal slIT\'eys, maps. .lnd resource planning
boundaries, Conservation and Recn:a[iolt LllIJ~ Progrl1m (C AR1.), FI{lridll r>ept. (IfFnv,f'rotection
. Production Team me.mber for st:venll c~mllnercial, QflLce. and educational facilities in Centr1l1 Florida.
. Pel10rmed construction uucumcnll1tion rc\'iew tor compliance wirh municipal. SI~'lle7 am:! national
buildin~ codes,
. T'erfoml srruc.fUr(11 building inspections for resiJenti~1 ;lnd c(lmmercia] laciliries.
. Perhlm1 shop dr<lwing review for multiple educaliunltl, Ulcrt:l1nlilc, ami tJ.ll~in~~~ ~i1cililies.
A.d min jstra tion!J\1a IIllgcm ell t
. Rl:~,pmlslhk for lrailling ,md overseeing drafting lechnicians il1lhe prOdul:lion (1f wurkin~ drawin)l,$ tor
mulLiplc comm.:n;illl projects, Sverdrup CRSS. 199H-2000
. Succ~ssfull'y man3ged various architectural proje-ClS. wiLh buJgds over $ 1.(100,000 from prdimin"ry
design through con~truction documentatioll.
. KeSpOltsLblt: [(Ir rcduLillg. constnJction d{)cument phase by 50% on 45.1100 SF mercantile project';.
. Monitored and rep.orted cos.t inn)nnation to "rea elJ~ineers :JIld ~hite(.ts for cost comrol data arid
coHected information for :>pecitic discir,line, Bechtel. 1992
. AdrniJli~kn:J :iuhconlrac( procedures. as <lpplied to lower-lier subcontranors, Bechtc] 19ii3
. Produced $pre1ld;heetS;JS required tor submlnal. inspec-liOJ'ls, and lLoisling anJ rigging <l~ rl~rlaining It)
subc-<lnrracts under tile U ,S. D~patimet1l of Energy pri..lc (oulmet. Bc~hLd l~~n
OVl:r~<lw I1rtd dlrcciL:d FA \fU-NOM A administrative fUllctions (J 993-19%)
. Developed di\ltsion \)1' rcsronsibilities and standillJI, comminees
. De...e1or~d ant.! slJpcrvi~txl nrgani:tatiunal budge..
Cumputer Skills
. Responsible for uptlating. computer hardware and soltwar~, working as oft1c~ li<iisotl for computer
problem;;. Offke ofEllvironnlenta.1 SL't'\,icc.~, Stlit~ ofrltJrida
. 13 ye~ diversified e'iperiencc uSing AutuCad (Rclcil:>1.: 9.:WOO)
. Complered course in Advanced PC' Troubleshooting. {June 1996 E~s~lJtilll Semin~n;)
. Competent user of a vilriet}' of s...'lft.....flrc .....hich indlJJl: MlcrnSl,alion, Micmsoft Word. F,lo;cel, Outlook,
CorelDraw. \:\''"ordPerfect 7.0, ArcView, Novell Group'Wisl:. AS400, anti AlJlo !\n.:hilcct.
. l'rulog rmjecf ~'langer 5.1. 7_0
>m .t'\..egg..l..e '-VA
I.-V ''::''':It..:>..:> I l":lt
aL O/~/"::'VV~ ..I....I..:~O ~~
VV~/VV~
WORK HISTORY
Jwl'OJ - Jun '05 Plilns E~'{mniller""B1dg. Insp_
Nov'O] . Sepf03 Pr~je~t Coorditlator
Oct '00 - Nov'O] PI\ll\s Exmniner II
Aug -YS- Oct '00 Project /u-.;bitect
Nov '97- Aug '98 Pr(tjOCI Architect
MClY "97-Ntw'!fi Int~m ^rchitect
Sep '96-J'eb '')7 ArchilecIU\"<l1 Drafting
Dee '95-.Vlay '97 Engineering Technician T1J
AUf; '93-Dec '95 Aut()Cad Operntor
May '93-Aug '93 Subc<mrr\lo Technical Rep.
hn '92-Aug'n Fj~]d Te~hnician
.lUll '86-Ve( "9] Drafl::;per:$(JD
City ofRoc<l Rmon, B~)Ca Raton, FL
Fanning/Howey Associates, We~t Palm Beach
CiLy nf DelT'l}' Il~ch, Dekay. t'L
S\-,\}rurup CRSS. Orlando (Jacobs t::ng. Group)
Slullkr St:-tgg &. Associates, Orl.--llldo
Huntnn Rrady Pryor Maso Architects, P.A., Orlando
GooJ,.....in-Gomlwio.md Associates, TallRhassee
Slall.: ofFlorit.la-Offi~e ofEJwil'Onmental Services
SlaW uf Flurlc1a-Rure-\!u (1fSurvey Ilnd Mappillg
"B("Lnld Conslruc.t.ion-A iken, SC (SRS)
BL"LnLd Cilnstruction-A il.:eJl, SC (SKS)
Cil}' uf OC!rllY fkach-Fnvir~lnmelUal Services Depl.
EDUCATION
jl..b51~r otBusinej:s Administl"atk'll1- U,IVERSITY OF f'IlOEKlX, 2001
Bal,;helor of Architecture - flORlDA A&M UNIVERSITY. 1997
113chelor of Science. A.rchiroctural SlUlJi.:-:-;- FLORIDA A&I\.1 Cl\.I VERSITY, 1995
Associate of Science. Dratting/ Desi~ll Tec.hnotogy - PALl\.f REArH COMTvfUNITY COLLU..iI:::, 1()4JO
Associate of 1\rh, Education - PAL"--] BEACH COMMU'JTT'{ COLU:GE, 19Y1
ORRAY BEACH
, , 0 . 4' II)- A
*****
/~ Ill?
CITY OF DELRAY BEACH RECEIVED
BOARD MEMBER APPLICATIONC -
DEn 1 2005
CITY CLERK
rqrr
1993
2001
1.
information:
\) e..n
2. Home Addressj~o
3. Legal Residence:
Sf(", l!...
4. Principal Business Address:
Jet
PW ~!!:- 5,
Name MM"K M.IW
City State Zi! Code
"De..- FL J '11.(
City State Zip Code
City State Zip Code
Dtl t~ H...- ))N
E-Mail Address: Cell Phone: Fax:
~>~ &. /Jr"tliv''1t'c.. ~~
5. Home Phone:
Business Phone:
Z:h~""l.(71fs- z--7b-/'<;? ()
6. Are you a registered voter? V If so, where are you registered?
1~ ~l-
7. What Board(s) are you interested in serving? Please list in order of preference:
eRA
8. List all City
~
or have previous y served: (please include dates)
10. List any related professional certifications and licenses which you hold:
GNATURE DATE
Note: This application will remain on file in the City Oerk's Office for a period of 2 years from the date it was
submitted. It will be the applicanfs responsibility to ensure that a current application is on file.
SICllYClERK\IlOARD\APPUCAll0N
prt rJ(3 ~irJ 3/ !L /
MARK DENKLER
320 N.W. 9TH STREET
DELRA Y BEACH, FL 33444
EMPLOYMENT
Canning Shoes, Inc. - President and owner of Vince Canning Shoes at 335 E. Atlantic
Ave. since 1994. Third generation operator of retail shoe store started by my grandfather
in 1952.
Fuji Bank, Houston Agency - Vice President and Assistant Manager of the Corporate
Finance Department. Responsible for new loans totaling over $1 Billion as well as
managing a total loan portfolio of over $2.1 Billion.
Fuji Bank, Houston Agency - Assistant Manager of the Credit Control Division.
Supervised Credit Analysts in their preparation of credit reviews of the corporate clients.
First'City Bank of Houston - Lending Officer in the Corporate Lending Department.
Lending officer concentrating on loans and cash management services for national
corporate clients of the largest bank in Houston.
First City Bancorportation - Audit Supervisor in the Audit Department: Prepared audits
of the operations of the bank as well as loan documentation of the Lending Departments.
COMMUNITY ACTIVITIES
National Shoe Retailers Association - Director since 2003. Chairman ofthe
Informational Resources Committee and member of the Finance Committee as well as
advisor to the formation of the Independent Footwear Buyers Alliance.
Rotary Club of Delray Beach - Board Director since 1996 and President 2003-2Q04
First Presbyterian Church of Boca Raton - Elder 2000-2003. Member ofthe Finance
Committee since 1999 and Chairman 2001-2003.
Delray Merchant's and Business Association - Board Director from 1995-2004.
Chairman 2000-2002.
Delray Beach Chamber of Commerce - Ambassador from 1994 to 1998. Finalist for
Small Businessman of the Year in 2001
City of Delray Beach - Member of Visions 2005 Committee and Member of two
Commissioner's Visionary workshops
Leadership Delray Beach - Graduate of Class of 2000
EDUCA nON
University of Texas at Austin, BBA - Finance
04!10!~00b 01:45
561::044~10
[(IA~~OII[1 \/IEI,.!
PAo:iE O~
1///0 (og'
OELRA'V BfACH
~
filll:
1993
2001
CITY OF DELRAY BEACH. ECEi\!ED
BOARD MEMBER APPLICATION
APR 1 n 2006
CITY CLERK
Pk;15C ty ">C 1)[ print the. fnllowinginfon11ation:
L Last N.lmc: d
u u_--D-O_V-L .
~ Hc>mc .1lcLLfa +~_Lt~_
J. Legal Residence:
''7 N.e. i(,}t-. ct.
4. Pdnclp;ll Busincss:\ddJ:(~5S;
L.
M. J.
D
7.il~ C(l~;~/ ,
__ _~!:L'-L1_.
7.ip Code
3344V
7.ip Code
NalTI(' I
_.e.b.p..t:.L.~._. ..
():)eJnl~, ~tJ
(,ley
C;'y d"ct~W~~
State
)::L.
StJte
St::tre
5_2;.00 +bie h;' \ d .
S. Hom<: Pl-")J1e: Business. Phonc
S-b 1~304- t.J:1i'/ dd4dowdfJeat-M "
G-
E.J\Jili] /\ddrcss:
ac2res
Cell Phone:
1;/.
33r;b3
[-ax;
-
J-7J, -3911
;\ rc ~;..,u a rq:;istcn:d vu\er? ~ I f ~n. .where .Ire VOIJ re~isl.e(E:rl? :A
.. r:s De/ra r /Jeor'.. I
/d - - PI ]" :1 f f J
\'(,'h,H H'-,~n;(;! .lre ,"U Illtcrrstc In <cn;mg!" C:'lSC Jsr]n or', cr ') PI'(; <;rcncc
g;173~
6.
~1.
7
8.
li:_[ "l+..:ity Bllarcl~~~~ Y~~d:i;~'~~Er have pr:cyi<.)ll~h; ,qvcd: (Pl<':"1:'l: indudc datc~)
r7ec . ~J"r>L>. nT 1?\iJ rd ? ;::. IlK:.
9. Educ\fi(ln;t] qll aU tlCi\tjr)n':
I f.l. Li5t any rclat(:d"i)rof,~s~bnal ccnificarjon) and Ijc('nse~ which ~'Ol1 hold;
. '. ~.c..ed/:f; Co t~ }( - /~
11.
12.
Norc: This "IJplk'lrinn U'.iU remain on file in the City Ckrk'~ OHice f(.r: <l period of ~ years fn)ll1 r:he date it \va:;
<ubmitt:cd. Ie will be rile '"I:opliC::lot's r:esp'-'n~ihil.ity to cn:;Uf<; rhl'l( a current application is nn fik.
;...,C1Tyr' I.I:,R J(.'I,Il. ~t\ I.f.ll'" ITLI{' J\ HI. IN
DRRAY BEACH
. .. 0 .. . . A
*****
ifiir
1993
2001
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
&/1 /)1 en;
?tl)ane.e-
1.
Name
~.
0Dc-
g~
Ml
2.
City
State
?7.-
State
Zip Code
.JJ y ~-
Zip Code
vL
3.
4. Principal Business Address:
3D~ ~~7 ~r~~~~ ~~e
p ~?/l4- ,d e".4cAL- h. 3. ?J,
S. Home Phone: Business Phone: E-Mail Address:
C)/7 ,c4~,(' s~S-1 @. . . /- 101...../ /6S-;
~..> e '- 0 ~ - pe1 ~ b /
't If so, where are you registered?
e..~. no,
7. What Board(s) are you interested in serving? Please list in order of preference:
2.. "....,. v- 4CV'tv a~
City
State
Zip Code
rL ].17~5
Fax:
6.
-- I r-~N<:! <...
8. List all City Boards on which you are currently serving or have previously served: (please include dates)
9.
10. list any related professional certifications and licenses which you hold:
11. Give yout present, or most recent employer, and position:
t:.I/V' A,/l.o:: tn
'12 Describe experiences, skills or knowledge which qualify you to serve on this hoard; (please attach a brief resume)
o ;t!.- 0";:: / 4~, Se.av?CL~- 6-7v(!.J
4e..
A-
cfO,J
?..,tf}.-2 d. ~
Y c-' ce t! P.s /,,-z e -t"V e.. e... ..?lz ~~ /?-U- th' e e.4. c-; ''7
I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts
contained in this application may cause forfeiture upon my part of any appointment I may receive.
.~~ .
51 lURE .
i
... ...,(Ite: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
S'CITYaJlRK\II()AIlD\A.Pl'UCATION
b ~/LJ~ZOCJ..J-
DATE
May-I 6-05 05:19pm From-WASHINGTON MUTUAL
OBJ ECTIVE
+5616B9B506
T-IBZ P.03/03 F-B09
JOE J. FARKAS
737 Northwest 37th A\ienue · Delray Beach, Florida 33445
(561)499-4:578 Cell: (561)271-7651
~: eeking Management position with growth oriented organization where my skills and
Experience can be utilizE:d.
SUMMARY OF QUALI FICATIONS
. Professional offerin~1 exceptional mana~lerial, organizational and motivational
experience in finance industry
. Proficient in coordination and implementaticln of multi task responsibilities
. Excellent communic3tion and public relation skills with strong emphasis on
customer satisfaction
. I-'ossess nlgn WOrK. etn(c with Vl:;:1 :S<:llility (:lIIU !-,CI ~<::ve(anc.e
. Experience in trainins and motivating sales and service representatives
Continuously exceed:> goals
.. Productive in effective time management to ensure schedules are met
.. Effective team player and proven troublesh'Joter
EXPERIENCE
1 1/00 - Present
11/92 - 11/00
4/85 - 10/92
~"""''''''''''I ."...
"'VASHINGTON MUTUJl.L BANK. West Palm Beach. Florida
.' \sst. Vice President / ,r::lnancial Center Marlager
Hire, train and motivate staff of 15 to become effective bankers
.- Attained mortgage and consumer loan gro\'yth of 125% to 175%
,- Develop and maintain positive business relationships and community contacts
,- Realized 100% goall:Jttainment for the pasl; four years
,\MTRUST BANK. Boa=, Raton. Florida
.~oan Officer (3/97 - 11/00)
- Processed loans fror" origination to c1osin9
. Produced $19 million in mortgages during I)ne 12-month period
. Underwrote and approved authority for eqllity loans up to $250_000
Branch Manager (6/93 - 3/97)
. Managed staff of 21 in sales and operations of $500 million branch (largest branch
in system nationwide)
. Provided high customer service levels emphasizing problem resolution and staff
development
Loan Officer (11/92 - 6/93)
. Solicited builders. developers and realtors to originate loans
~ Generated $15 millia n in mortgage from 1 ~:/92 to 6/93
CALIFORNIA FEDERAL SAVINGS & LOAN
Branch Manager
~ Created customer awareness by developing and implementing marketing programs
and soliciting outsidEI business
~ Branch consistently ;3chieved over 100% ct productIon gOol::;
v....'l\,-.:....,;,Ji-.--'.--'vt-----i--~:.:;:~~;.....,..;...:.;t3~~, -:;':."~~~'-"'- .c:rr:... -_:((;--
R:RI~hp.lor of BlJ~iness Administration
~>;~tj <o\,,'i-O -j 7/01
;i,.I--"I.....,.0!/\\ 1 't.\\\\.... CITY OF DELRAY BEACH ;zf~ J /
. ,~ t.\>.~ C\,~~OARD MEMBER APPLICATION ~ . '1
1993 (j\"\"'{
2001 _.JY:/rtlj:;2;$/C'
*****
L
1.
2.
3. Legal Residence:
4. Principal Business Address:
City
State
Zip Code
5. Home Phone:
Business Phone:
E-Mail Address:
Cell Phone:
Fax:
6.
C/!.-A-
U UL It. UJr-
8. List all City Boards on which you are currently serving or have previously served: (please include dates)
~
9. Educational qualifications:
10. List any related professional certifications and licenses which you hold:
11. Give your present, or most recent employer, and position:
rJ\A..-.
d
Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
l<Ir.ITVrr .F.1>"'RrlAflrnAPPf .rATION
RESUME
KATHERINE FAZIO
1118 Harbor Drive
Delray Beach, Florida 33483
Ho~e:561-276-4939
Mobile: 561-289-2320
Email: k6464@aol.com
Objective: To participate as a citizen on the City of Dekay Beach Boards
Experience: 9/2005 - Present
Carl W. Timpson Dekay Beach, FL
Timpson Investments, Inc.
Assistant
Work part-time providing administrative assistance. Written client
communications, phone work, bill paying and more.
6/2005-9/2005
Randolph T. Ely Dekay Beach, FL
Allmon, Tieman andEly
Receptionist
Worked part-time providing many administrative services for an
extremely busy and successful real estate office - phones, contracts,
mailings and MLS software. Was offered a full-time position
8/1990 - 8/2001 Write to Me Dekay Beach, FL
Owner
Initiated and operated a local stationery business. Represented 35
different companies to a customer base of over 300 people in the Dekay
Beach area. Computer use was extensive for all billing, accounting and
marketing. Running the business required organizational skills, creativity,
and a gregarious, outgoing personality. Sold the business for more than
four times the original investment.
8/1981- /1985 Baystate Financial Boston, MA
Assistant Vice President, Investments
Responsible for providing marketing and sales support to 135 Registered
Representatives in the investment business. The position required in-
depth knowledge of investment products which included annuities,
mutual funds, unit investment trusts, tax shelters and discount brokerage.
Created and maintained all marketing aids, reviewed new products,
provided sales support to the Registered Representatives and managed an
office staff of five.
8/1979 - 8/1981 Keystone Massachusetts Boston, MA
Manager, Field Marketing Services
The position provided sales support to the Northeast Regional Vice
President and all of her broker/dealers. Assisted in the marketing of.
mutual funds, retirement plans, annuities, trust services and private money
management. Responsible for overseeing five other Marketing Assistants.
Worked closely with the entire field of Regional Vice Presidents to
coordinate their sales efforts around the country with the home office.
8/1977 - /1979 Massachusetts Financial Boston, MA
Services
Marketing Assistant
Started as secretary but was promoted to Marketing Assistant which
required sales support and service of customer accounts for the
broker/dealers. Dealt with mutual fund products and retirement plans.
8/1976 - 8/1977
Alliance Capital
Management
Boston, MA
Receptionist
First job upon completing of college degree. Receptionist for busy
investment firm. General office work.
Education: 6/1975 Rollins College
Bachelor's Degree
Winter Park, FL
After Rollins, obtained Life, Accident and Health Insurance license also
National Association of Security Dealers license.
Affiliations: 9/2001 - Present Paul's Place After School Delray Beach, FL
Board Member and Volunteer
9/1999 - 9/2004
Mentor
Big Brother Big Sister
Delray Beach, FL
Personal:
Married with two grown children. Active community volunteer. Love to
play tennis, golf, fish, travel and read.
FPCir'] : CiEP-':,Ht I
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Hug. 04 200~7~!f}l
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CITY OF DELRAY BEACH €.CE.\\1E.D
BOAR,D MEMBER APPLICATIOJ( b 1\l\l~ .
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1993
2001
Plea.se type or print the following iaforDJ.arion:
1. List Name:
City
f.l
ElItE ~T
3. Lcg:;.l Rasidec..ce; \' '
~A-me
4. P.rincipalBusinc.:ss Address:
2.
CiLy
City
S1:2.te
Zit' Code
I.
~ ~oJUe Pbon,e:
S bl t--tt obeY
6_ ALe you 1I. .r;egi$tr:.red vou=?
Business P'b.ooe:
7. Wh:1t Board(~) ;uc: you interest in sC1'Ving? Plosc list in otdeI:' .)~ pccfe.r-e.o.ce::
, irA/I C Vlr7rn ; e-S
8. Li.s< all CiJ:y Boarci; 00 whicl1 you ue ew:reody $~g ot' !lIl.VC pEC,vlously scr-red= ~ kldw:k d:a~) j/O W
~;;'~ci~ qwillfl.:.ati<'~6; 13
to. J.lst any .related plofl!llsiorW ce.rtitiC3.tioWJ a.n<;lliecO$C15 which you hold:
ILGl.e y;,,,, P""'.... or m.oot ,ecent ..,;"loyor. atId pooicio", 11/ ~ .
12. l)t:scrib<: ~en~, skilis Q~ kno1:Erledge whkb. qualify' you to save 01.1 rllls boa.r:d: (Ple:uc: :unch ~ bcief I:e>UrD.c)
. '. ,t ~ ~e a~ve t t=cn~ ,axe tcu.~ and I agree and nnda.t:CIl\d tint ~7 wissc,ta:.neat of nll1.t~ &en:
~;7=Y~~<fu'fu=<"P~~P=O(="PPO:nY-;;if . J.
j, -......:11 - fi1 - .t. C' -: .
appuc.aUoll ,.,~ rcmll..lll on c 1.n W.e 11.1 Qe;d(s Office fOt: a pel!f.od of 2 y~ from the d:4tc it ~
bmit!l:e.d. It will be the appIic:mes responsibility to cWro.ie;' d).ax: a cw::rent ::tppIJ,ca.ti.ou 13 00 file.
~CLIlllJtl.il<>"""'''''l'I'Uc.>.::nON
OB..RAY BEACH
~
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, III I!
1993
2001
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CITY OF DELRAY BEACH RE.C~(:;'"
BOARD MEMBER APPLICATION ~t>~ \ i~ 1.\)\lu.,
, "H~"..
G\1'< Cl-t;.,c>
2.
information:
1.
State
-L
State
Zip Code
:is LIS
Zip Code
Name
M.1.
3.
C~ Smre
El-Rftl 8%I1L# H
;::.p;dres" ~".d :;l)~~J -;lIt! ;'1;) cJ II
Are you a registered voter? (r, If so, here ar<;you registered?
C"....) 1f.ObC P/ft:-C //Vc7 -EJl1I1Ii/llv..fL. C/:J7}bL/c
7. What Board(s) are you interested in serving? Please list in order of preference:
. II C ,Vii... 'E. ICE . ' fV70w/V
4. Principal Business Address:
Ifdo!J tv. !rfLArf{;c fJVE-
Zip Code
3.1 'ILlS
5. Home Phone:
Business Phone:
S'I7/) ;)/~ -tj/IJ7
56!) d-7;)'dJ/f~
6.
tJ/#fJRo/
8. Ust all City Boards on which you are currendy serving or have previously served: (please include dates)
.... . -A/.J:>.S Or ::J:>EJ.~fl' -. VINcE l-13" cfll7/fJ-.
11. Give your present, or most recent employer, and position:
I-1~O PRo E. 7";/3 Li-C-
12. Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief reswne)
- L:: /J ---- /J '2:.ZJ
I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts
co . ed in this application may cause forfeiture upon my part of any appointment I may receive.
0~ 9 :l.t'JtJb
~'J
SIGNATURE
Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
SlCITYCLERKIBOARD\API'LICATION
DIANE FRANCO
# 12. In addition to mising and supporting my two sons as a widow in South Florida during
the 1980's and 1990 selling advertising for a local Delray weekly newspaper, I had the
opportunity to be employed in several positions that honed my interpersonal sales skills.
During the past 5 years I have concentrated my efforts both as an investor in both the financial
markets as well as the local real estate market, acquiring, developing and presently manage
several residential and commercial projects in the City of Delray Beach.
=-ROJ.J : TROUSERShOP. (UI
FH:": HO.
lli16/04 TIrE 10; 11 FAX 561 24:1 .1[i4
:5612785626
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18 2004 03: 38PI1 P1
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I
CITY CLERK
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DELIt.4.Y BEACH
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'1"':
-1993
2001
CITY OF DELRA Y BEACH --
BOARD MEMBER APPLICATION
1M! !
I-
I
City
s~ ~~~
State Zip Cod;:
5_
6_
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7 ,.
i3. 1:..i&t ~ Citt Boards oD;-,,\:'hich ):0,", nJ"e ct~lIcndt_ ~etying or hav<~ previously secyecj; JPlea.t:e include__dat.ell) .
<)-
~
r-
iO. Li~t any related prQfessioo21 c';riUQtions and Iic~n$e:9 which-you hold:
11. Give jmut present, 01: most r~l:~plolc:r., lUld posiri.oo.~
L;>t ~_\ tA~r e -- ~0(J;
12. DC$QJ_be aperic:m;~ skills or. k-.n~dge lJ.-hich 'llJ.:wfy )'0\1 to ~eEVe on thi!l b02,:rd:- (pl~<:; a.ttach a brief resume)
.. .. .~ye4,--:R
/
i
I
1
~ appliClHIO!l - remain on file:in th.e City_CleL~'~ Office for ll. peliod of2 years $!~.etrll.JiD
:iuhlnitt~d, }[ will be r..'l,.E; applica.nts respon..ibilit? to CO$ute that a. <.:u.:o:ent appliCl.ttou il$ on1ik
~;;r-lf~C:4c7lON
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RECEIVED'
NOV 1 8 ,2004
CITY CLERK
- CITY CLERK
DELRA Y BEACH
.'0<<'D4
*****
,AJffl/d>
CITY OF DELRAY BEACHHE-C ~F
BOARD MEMBER APPLICATI~ ' r, 1\\\\~
mr!
1993
2001
, -t'CV
G\ \ '
1.
information:
Name
MI.
r
6
Zip Code
;]C j~
Zip Code
EtJ-VS--
Zip Code
2. Home Address:
/
3. Legal Residence:
3
4.
5. Home Phone:
Business Phone:
E-Mail Address:
Cell Phone:
Fax:
s-~ /~ 6/', ~~"'O S-
6. Ar.e you a registered voter?
.<J.-r- '- <2.- I-
7. What Board(s) are you interested in serving? Please list in order of preference:
Be:?'
8. List all City Boards on which you are currendy serving or have previously served: (Please include dates)
9.
C=~;e
11. Give your present, or most recent employer, and position:
. 12. Describe exp
;0-
)<.." '(/5 ..vI I s-
I hereby certify that all the abov tements are true, and I agree and understand that any misstatement of material facts
"cation may cause forfeiture upon my part of any appointment I may receive.
SIGNA
LJ if- / ('] r;/o G.
DATE /
_ ..fote: 'Ibis application will remain on file in the City Clerk's Office for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
S\OTYC1..I!RK1BOARCMPPUCATION
03/Z1/UG TU~ 11:lU YAA 3Gl~4~~114
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tw.e.1d
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'~UJ!
1993
2001
\,oIU: \,oUlU\_.
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----
inf"ornnUon:
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CITY OF DELRAY BEACH ~0~" t~~~
BOARD MEMBER APPLICATIOtf . o~ / ~ 0\X::~
. ~ r~V
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G\'\" 4/'1/ 0 ~
M. l".v\
Zip Code
~?I..fy
Zipcoae
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Name P"A '-.J \
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tty ~:)~L.. ~
Smte
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St2te
City
City State ~ Code
~O~Cl 4.W. \7L.~L. 1\ ~L- -;;'-it.-b
S. Home Phone: ' 'Business Phone: E-Mail Addtess: Cell Phone: Fax:
(S~\),Z\.'O'3Yf4 L,'-\O. l.{I...P,{O t\e..w~~.P;~~~; 'S'-ll- '-/t./4o' ~z.,l- D.Lle.!
6- Juc you a tegisteted vutec? '-(, so. whcce are you registered.?
\.: \) JZ,L.
7- What Boacd(s) are you intetcsted io. strriag? Pkase list in otder o~ ptefcralce:
(., ~h '- \7L./:'\J0t,.J6t.~ -z..\;)~ t~c;.. \;oAiQ
8. list aU City Boards on which. you an: cua:ently sa:ving or have p~ly;erved: (please include dates)
c... \::> 't> cc.....- fZ t--J ~o ~ c.:~/ AI\. ~IJ -r- '~()p.,," l?
9. Educational qualificatio~
, . ~ tJ
A~c..\ l-r~'\0
'12. Dtscribc cxperiea.a:s. skills ot knowledge 'which qualifyJ01:.1 \0 luve 00. this board: (plc:uc atta.cb a bJief (e$ume)
~ t ,Ac... 'f-......- 'c... " .
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6l'Jt L- '0 \J l ~~ \l0
I hCEeby cettify that aD the a~e Slab:ments ate tme. md I agree. atld uodet.stuld that 20y IWssbtcm.cnt of material faca
<ODfOioed ill tbio '!'plica.... ~T -- ~ my pattof ""y oppoln_lmay.......... . \
~\Mo r'\~:C ' .p..~tz.\~ ~ ,0(0.,
51 . \ \' ~ ' . ,DA~
Note: This application wiIll:P.lrHltn 011 file in the City Cle.tk"s Office f~ .. period of 2 yeus from the da.te it was
$Ubmitted. It will be the applic:::ant"a rt".!rnnDSib~ty to eO.suie'that a euttea.t applicuion is on tile.
-('"~ ~'IIOM'
CEO .
DAVID MATTHEW HAWKE
12 1 'I:IeatherLane
Delray Beach, Florida 33444
(561 J 740- 4440
OBJECTIVE:
To advance' and broaden my knowledge of complex architectural,
municipal, public facilities projects; To intensify my contract negotiations,
designlbuild expertise, and design/construction supervisory experience.
EDUCATION:
Masters of Business Administration
Marymount & Georgetown Universities, ~-Progress
Master Degree in ArchitectUrel Engineering
, University of Maryland
Bachelor of Science Degree in Architecture
ClemsonUniveciity
PROFESSIONALEXPEIUENCE:"
, HAWKE & ASSOCIATESARCmTECTS. L.L.C.~ President, May 1998to Present-
D~sign Director and' Principal of a ,full-service, architectural firm in South Florida.
Specializing in commercial stnictures, "complex building types, and public facilities. Th~QftJ.ce
PlJfSues and has teamed up with large firms on j oint-venture projects ;nmunicipal, public structures
as a ,consultant throughout the nation.
. . . . , . . .
MASSACHUSETTS PORT AUTHORlTY- Senior Project Manager, June 1996 to April 1998
Logan,Modemi:lationPiogram "
(. . . .-
TerminaIArea . Roadways - Develo~da prelitniruu-y desighto complete Constrllction
Documents in eleven months. The 1.5 mile two level roadway system has + 60 caisson foundations
and complex structural design. The airport traffic and toadways must be m~ntained during difficult
phased construction. Estimated cost - $125M.
'Pe,opleMiJverSyst~m (A11'C) ,- 'Assisted In. the< development of a EIS for' a automated
intennodial transitcoI1Ilector awaiting Federal approval and ISTEA funding. ,Preliminary transit
Station design, airsidellandsidealignmentsand profiles, curbside djslJlption,passengercoilvenience;
'andbusiilgiaterfacc. Estimated cost-$30M Phase Il$375 M Phase n.
QualityAssur~nce Manager - Supervised four construction inspectors and construction
supervisors for active Logan tenninal expansion and aviation projects. , Airportpassenger
movements, air carrier, and numerous,conc~ssi()n must be ,maintained during complex construction,
DANIEL. MANN. JOHNSON~ & MENDENHALL: November 1989 to January 1997
Project Unit Manager and Contract & Procurement Construction Manager: .... Tren
Urbano Mass Transit Project, SanJuan, Puerto Rico -July 1995 to January 1997
Bayamon Alignment Section - Negotiated procurement and optimization, including design,
procurement, proposal evaluation and constructioIimanagement, of a large4esign!build;conttact fot
two transit stations, concession areas, retail spaces and 2.4 kmelevated guideway. Contract Award
-,$68M.
Centro Medico Alignment Sections - Negotiated procurement andoptimizatio~ including design,
procurement and proposal evaluati6~ of a complex desigrl/build contract for three transit' stations
and.a 3.2 kIn elevated, at-grade, and retained-cut guideway. Contract Award- $72M.
Project Design/Construction Manager: Metropolitan Washington Airports Authority,
Capital Development Program, Washington, D.C. ~ November 1989- July 1995 .
, . .,
New Terminal Bridges to Metro at Washington NationalAirport -Coordinated design, supervi$ed
and managed Cesar Pelli and Walker Parking Consultants for the design ofthepedestrian bridges
interface with MetroTransit (wMATA).Contract Award -$39M.
MUldle/North Parking Structures - Supervised design of two structmed parlOngfadlities for
Washfugton National Airport and coordinated with Metro Transit (WMATA). Manageddesign.lUld .
early construction of retail. spaces adjacent to and construction. within North' T erminalMall.
Cbntract Award -$57M. . .
Rental Cars Quick Turnaround Facility - Coordinated with Rental Car Representativ~s and
supervised the selection, negotiation, design, and direction:of the architecturaVengineering firm of
Dewberry & Davis for the design/construction of rental car facilitiesatWashfugton NatiOnal'
Airport. Contract Award - $21M~
Americans: Disabilities ACt, Title Il,iJesignlI1IIplementaiion'. - Contracting Officer's 'Technical..'
Representative in selection, negotiation:, a.tld direction of Greiner, Inc. for all publIC facilities,
tenants, retail . construction at Washington National arid DuUes International Airports.
Implemeutation Costs -. $1 57M.
Deltll3~Gate Addition . Interim Terminal-MRrnigedand directed Delta Airlines. and its architect" ,
Milton~ate Associat~s. Full rangepfairport iS$ues and interface With the airlines. concessioJ)S,
, 'retail'vendors, construction and operations, adjacent to.active gates~.Contract Award:'$38M:, . .
o. . , .. .'
~LLERBEBECKET.IN9. Architecf- March 1989toOctober1989... .' .. . ." . .
Leader of a . convention center .aI\d hospital'design teams. (Children's Hospital Center,
Washin~on Convention Center, WMA TA).Desigiled arid produced cons.trUctiondocuments on.nve
Washfugton office buildings with retail on ground floors. . Designed long spartconvention centers.
. . " ,
SKIDMOREOWNINGS& MERRlLL- Architect., January 1988 to March 1989
Significant role in the design of two large-scal~ 'public projects (Metro Center, David Childs,
Washington, D.C.; and Sears Franklin Center, Dean Johnson, Chicago, Illinois) and their interface
with the local urban' fabric andWMAT A. High rise and sky-scraper design for Chicago, New York,
& urban sites.
, ,. '. '
THOMPSON. VENTULETT.& STAINBACK & ASSOCIATES., Cons1.l1tant-1986 -1987 ,
Worked directlywiththeProject Manager of the Philadelphia Convention Center. Long span
, structural designs incorporating convention space and interfaeewith existing mass transit (SEPTA)
facilities. Developed designs related to Atlanta CoIlvention Facilities, Washington D.C., Orlando
and expansion of those existing conven,tion centers and hotel complexes.
. " '. .,',. ," c_' ,',,' .
PORTMAN. RABON,HATCH~&McWHORTE~ARCmTECtS-Architect- May 1986'
Member of design teams (Hilton Intercontinental and Hyatt lIotels): Experienced hotel
. '. ,". ' ,'.,
design from schematics through construction., Working relationships with three principals, mass
transits stations with MARTA engineers, gift shop, retail shops, and hotel management. Member
of design teams (Hilton IntercontinC(ltal',F our Seasons, Ritz Carlton and Hyatt Hotels)., Experienced
convention center design from schematic design through ,construction. ,Working relationships with
three principals, mass transits stations with MARTA engineers, public facilities, retail shops, and
hotel management.
PROFILE:
State ofNe", Yo(k- Architectural LicenSe #{)29024
State ofFI()oda-#AR001651O
State ofMas~husetts.. Architectural License # 9840
Distri~t of Columbia - Architectural License #5030
Commonwea.ith of Virginia - Architectural Lice~e#10736
State of Maryland- Architect1ll'al License # 9846~ MD
City of Delray Beacl1 "" ChairpersonCodeEnforceII1ent.. Ian.' 02 to Pr~sent
Real Estate Sales A.ssociate License -.# SL 3074267
Palin Beach GeIlen~lCQntractor'sticense-CGC~TBD (In Progress)
'NCARB,CertificatiOIi#42,4281,File#37,412 " .
American1nstituteofArcbitects- January 1994- Present
Southem,JBC, FBC,&BOCA Building Codes - Examiner and Inspector
Habitat foiHUlIlanities & American Cancer Society Fundraiset '
Cham~r of Commerce- Loc~&R.egiona1
AutoCAD2000,~tergraph ~.(i;D.S., W orctPerfect,Prirriave1"a,PowerPoi~t,
Microsoft Word, Quickeu" MasterSpec
Maryland Gradllate SchoolofArchitecfure
Pal~, M&ssimoand ROnta,Italy ,c
CUltural ASsociations -Pension Mitnos~ Pantheori., &Flprenc~~ Italy
,., '. ,.: ',\ ,. '.' '.-"- '. .- " .'"
FOREIGN
STuDIES:
LANGUAGES:
French (Fluent)! Spanish'and' Italian{Broken)
*****
)/~1//)Q
DB..RAY BEACH
...0...'"
m~
1993
2001
r~ r:: r r- t\:
CITY OF DELRAY BEACHr'li:~."-<,,,c, \t
BOARD MEMBER APPLICATIBR 2 7 2006
CITY (~LE,HK
infOOlliltiOn:
~~
City
MI. V
Zip Code
5
Zip Code
1.
~
2. Home Address: ~ L. .A(f'f'
~G3> .- l.0~'b
3.. Legal Residence: _ 6 & IY\ r::
4. Principal Business Address:
Name
City
State
Zip Code
S. Home Phone: Business Phone:
~.~ l..:. .~ 6~b
6. Are you a registered voter?
Fax:
~(~&
7.
8.
9. Educational qualifications:
'~~~'(2.
v
,-.tJ~
to. List any related professional certifications and licenses which you hold:
Of\- r--
AD ~ Cl. b f() It U ~~
11. Give yow: present, or most recent employer, and position:
42.6
ualify you to serve on this board: {P~ at:ta.ch a brie
. . e..~ c;.~8 u
statements are true, and I agree and understand that any misstatement of material facts
cause forfeiture upon my part of any appointment I may receive.
. . YC:lhtO
DATE /
Note: nus application will remain on @e in the' City Clerk's Office for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on me.
S\CITY~ARD\APl'UCAnON
JAMES HOUCK - RESUME OBJECTIVE & PROFESSIONAL HISTORY
Page lof3
OBJECTIVE
To secure a PROPERTY MANAGEMENT position where interrelated experience in Architecture (5
years - Building Design and Site Planning), Operating and Capital Reserve Budgeting (18 years),
Computer Software (20 years - Microsoft Word, Excel, Access and others), Construction (3 years),
Corporate Business (10 years - Management, Sales, Marketing and Training), Property Management (18
years - Portfolio & On-Site Experience) and Real Estate Licensed (21 years - Commercial & Residential
Leasing, Sales, Marketing) will be of value to your company.
PROFESSIONAL HISTORY
1992- 2005 LANG MANAGEMENT COMPANY (Boca Raton, Florida)
Propertv Manal!er
"On-Site" managed a 460 unit condominium development with nine (9) five (5) story
buildings and two swimming pools and a clubhouse.
Managed a portfolio of up to 16 high end community associations, collectively consisting of
649 individual homes and 345 two (2) and three (3) story condominiums totaling 994 units.
Responsible for preparing, implementing and overseeing the annual budget expenses of over
$4,000,000 collectively.
Professionally managed the contracts of accountants, architects, attorneys, carpenters,
electricians, elevators, engineers, general contractors, horticulturists, insurance companies,
irrigation specialists, handymen, landscapers, masons, plumbers, roadways, roofers and other
contractors, vendors and agencies.
Successfully negotiated and monitored the completion of three (3) developer turnover
settlements, 4 asphalt roadway overlay & 9 seal coate projects, 8 painting and 5 sloped roof
replacement projects.
Set up "Excel" to calculate all the reserve budget reserve budget figures to eliminate the need
to personally have to the calculations.
Work with various city and county agencies on building and landscape projects.
1989 - 1992 BENCHMARK PROPERTY MANAGEMENT (Coral Springs, Florida)
Propertv Manal!er
Consistently directed the operations of up to 15 properties, collectively consisting of more
than 1,000 two-story and mid-rise condo units and individual homes.
Responsible for preparing, implementing and overseeing the annual budget expenses of over
$3,500,000 collectively.
Successfully negotiated and monitored the completion of three (3) developer turnover
settlements, 2 asphalt roadway overlay & 8 sealcoate projects, 5 painting projects, 3 slopped
and 2 flat roof replacement projects.
JAMES HOUCK
Resume - Page 2 of 3
1987 - 1989 CONDOR PLACE JOINT VENTURE (Boca Raton, Florida)
On Site - Propertv Manal!er & Leasine: Director
Directed all on-site property management, sales and leasing efforts for a 40 bay 95,000 square
foot Office/Warehouse building.
Responsible for negotiating all contracts and leases.
Liaison between general contractors and maintenance companies.
Created and implemented annual budgets and prepared montWy financial analysis.
1985 - 1987 SCHNEIDER COMMERCIAL REAL ESTATE (Los Angeles, California)
Real Estate Al!ent
Working with developers, property owners and tenants negotiated more than $4,000,000 in
retail and office leases and land and building sales.
Created and utilized computer generated databases to work with buyers and tenants and also
investment programs to analyze building and land sale opportunities.
1984 -1985 FRED SANDS REALTORS (Los Angeles, California)
Real Estate Al!ent - Commercial Division
Negotiated more than $900,000 in retail and office leases and land sales. Achieved goals by
extensive cold calling on owners, tenants and other brokers.
1974 - 1984 ST. CHARLES MANUFACTURING COMPANY (St. Charles, Illinois)
A high end residential, laboratory and institutional cabinet manufacturing company.
Western Rel!ional Sales Manal!er/Multi-Housinl! Division (Based - Los Angeles, CA.)
Successfully directed the development of a new region of dealerships, independent agents and
corporate accounts throughout 7 key western states.
Eastern Rel!ional Sales Manal!er/Multi-Housinl! Division (Based - Ft. Lauderdale, FL.)
Effectively managed 17 independent dealerships throughout 8 key eastern states.
National Operations Manal!er/Institutional Division
Supervised all corporate accounts and dealer services.
Corporate Sales Enl!ineerlDraftsman/Estimator
JAMES HOUCK (Licenses, Designations, Memberships, Board Member, Education)
Page 3 of3
PROFESSIONAL LICENSES & DESIGNATIONS & MEMBERSHIPS
2005-Present Commercial Property Management (CPM) Candidate (IREM ID #0159693) (Chapter #76)
2005-Present Florida Notary Public Commission (#D411955)
1989-Present Florida Community Association Manager License (#5414)
1987-Present Florida Real Estate Broker License (#500323)
1984-1987 California Real Estate Broker License (Not-Active)
1984-1987 Affiliate member of the "International Council of Shopping Centers" (ICSC).
CITY GOVERNMENT - BOARD MEMBER
2004-Present City of Delray Beach, FL - Vice Chairman - Board of Construction Appeals
EDUCATION
1987-2005 FLORIDA - Real Estate & Community Association Management Continuing Education
Classes
1984-1986 UNIVERSITY OF CALIFORNIA - Los Angeles, California
9 Commercial Real Estate Classes (Property Management, Marketing, Finance and Appraisal)
1976-1977 UNIVERSITY OF WISCONSIN - Madison, Wisconsin
8 Business Management Classes
1971-1974 UNIVERSITY OF ARIZONA - Tucson, Arizona
Bachelor of Architecture Degree
1969-1971 SOUTHERN ILLINOIS UNIVERSITY - Carbondale, Illinois
Associate of Architecture Degree
JAMES HOUCK
3763 S. Lancewood Place
Delray Beach, Florida 33445
561-865-2636
jdhouck51 @bellsouth.net
STRENGTHS & SKILLS
Page 1 of2
As a highly organized and self motivated professional with interrelated experience the following are a few
strengths and skills I can offer:
PROPERTY MANAGEMENT
Create an extensive "Management Plan" to reflect the goals of the property and their owner's.
Able to fulfill the manager's obligations under the property's management agreement.
Able to manage a broad portfolio of properties and maximize their property values.
Ability to quickly learn the roles and functions of all positions within a new property.
Test economic alternatives to increase value and make recommendations.
. Understand financial statements and accounting principals.
Knowledge of available insurance coverage to protect owner's assets.
Proficient in creating operating and capital reserve budgets and effectively manage their expenses.
Understand and work with lease/sale analysis and investment software.
Prepare an "Operations Report" if required.
Examine problems and create viable solutions.
Develop short and long term market analysis and economic plans.
Orient new residents/tenants and promote positive relations.
Enforce collection and foreclosure procedures.
Constantly analyze properties physical and fiscal concerns.
Understand legal issues as they relate to tenants and owners.
Oversee operations, lease administration and construction management.
Manage budget costs to maximize profitability.
Monitor the construction of tenant improvement build-outs as required under lease term.
Understand and meet goals of a property.
Understand staffing and employee relations to create a top notch team.
Maintain expense controls and increase Net Operating Income.
Able to properly oversee the selection of contractors and other vendors.
Strong ability to administer contracts and create tenant relationships.
Proven record of excellent internal and external customer service.
Provide direction and leadership to various in-house and out-sourced personnel.
Inspect and evaluate all building equipment, systems and grounds to insure that.the appearance and
operations of the property meet established standards.
Develop emergency procedures and preventative maintenance programs.
Develop operating and capital budgets and track variances monthly.
Manage approved capital expenditures.
Negotiate and approve leases and contractual obligations related to the continuing operation of the
property.
James Houck
Page 2 of 2 - Strengths & Skills
FACILITY MANAGEMENT
Able to help or take on role of Facilities Manager, when needed.
Negotiate and manage conformity with vendor contracts.
Understand and manage capital improvement projects.
Understand and work with architectural drawings.
Conduct and prepare extensive property and building inspection reports.
Knowledgeable about the construction and other components of a building.
Manage risk factors effectively.
Monitor owner improvements.
Properly select and work with service providers.
Identify and work out construction defect issues.
Properly communicate with and motivate employees and outside contractors.
Hire and effectively supervise employees and outside contractors.
Oversee landscape and irrigation services and implement new projects.
Able to effectively coordinate and/or oversee the security services; parking garage and valet services;
tree trimming and removals; janitorial services; building engineer personnel; cooling systems; roof
repairs and replacement; elevator repairs; asphalt repair and overlay projects; painting projects;
concrete restoration projects; fire sprinkler systems and most other services and/or systems as needed.
Properly plan and implement all the various types of maintenance projects, renovations to common
areas and other scheduled long and short term maintenance and construction projects.
Able to work closely with tenants on their build-out improvements.
Familiar with most architectural building systems.
GENERAL
Understand the dynamics of a lease and leasing to a tenant.
Long term knowledge working with computer programs (Word, Excel, Access & others).
Strong organizational, management, administrative, communication and leadership skills.
Mature, responsible and businesslike in demeanor.
Positive proactive work ethic.
Flexible and able to multitask effectively.
Professional in approach and appearance.
Work effectively in a cohesive team environment.
Willing to put in the hours it takes when needed.
Willing to travel when needed.
nar c. ~ C.UUl:> ~ ~ : ~..:1HI.1
"1m Inomas,
J-'.H.
561-274-6778
'"
03/21/08 TtlE 11:38 FAX 5612433774
DB.RAY lEACH
.. , . . .. .. A
CIn CLERK
;PA/tJg
p. 1
taI.o C2
...........
1- - ~
CITY OF DELRAY BEACH
BOARD MEMBER AP.PLICATION RECEI\/ED
MAR 2 n 2006
'1111!
1993
2001
2.
City
Ii
State
Name
3.
City
II h
4. Principal. Business AdchdSS; YJ..fJj City
Y6 q, OChA/J t3t l//:J 14 ~( 0
5. liomc Phone:; Business Phone: )(n-. E-Mail Addtess:
:F)<( -<(-'f~':; 1. ') 4--f g-9k
6. luc. you a tegi.stcred vota?
Fax: .
. ':l-7~-( :JJR-
7. WhAt Boacd(s) atl!! YOI1 i.nte.te;$ted
;cL-
OJ!. t. tJ... ')..:.
8. wl1111 Cry BOlUd$ on which you ace cunc::ody sUV'iog or lu:ve previously SC["l'ed: (please Mudl: cbtc:s)
9. Eduac:ioo.al quah6.c:l.tions:
11. Give yom P["cn~ os: most J;ecc:nt eniployu. and position:
C(.J. Pf - 0
'12. DescDbe cxpetienc.es:, sldJ.ls or lcnowicdge which qualify you to serve 00 this boucf; (please ~tu.d'1 a bcief r~ume)
. 7~~
~(LC
SlGNA1lJim
i
c sa.tement5 lU:C true. and 1 ague lUld W\d.ustaM Ihu Ul.y m,isStllta:1lleD[ of nat.e.ri.ti facts
2Y O\Use forfcituLc upoa. my Pu:t of auy appointmellt 1 may.t cerv-e..
I hereby ct;:rtify ttu. t all
c.oae..ined ~ this appli
. DA'l'E
Note; "Ihis 1pplic:U1on willleuW.n on file in the. City Qeck's Offiee for a pcciod of2ycus nom the date it ~
s~bmitte.d.. It will be the :applic.2n.t:"s responsibility to ensute.th2.l,. currd1t 2.ppbcatiDo is on 6le.
S'O'1Y~ruc-.11Otl
l'h~','-2:-1:-2005 12:52 [Ie.: I.P. I H"iEtl(','
V;;). _;II U~ 1lL 11.: 1.:':: }-'A.J.. =>l:lJ. Z'lJ ;"l't4
5612652706
c: 1 n: l,,;Ui\1\
H: 561 2-D 377-1
P.33
III 007
DB.JtAY BEACH
.,,04'.~
bad
Alt-AracrialCily
''III!
1993
2.001
CITY OF DELRA Y BEACH
BOARD MEMBER APPLICATION
sf;}'l/d1
FIVED
MAY ? 4 70ns
info.tmJlQ.on:
4.
City
-e.
S~L. Zi Code
:laJt4'1
Srate Zip Code
Sute Zip Code
N~me
3-
E-M2il Address: Cell Phon.e:: F~
Gev~"~o~l/rouft,,,. --Zj)rU-035/1 'fb~t:~7ob
9.
.lflated professioo.a.1 q+tifiClttoOB and, licenses which you hf.)ld:
f"e. - F J:? 1/ ceu..u: !-'ro.." 1 - 4-wuf'.
osition:
. 12. ~aibe aperlenccs, s .
Se ott"c. ~
J-.. brief resume)
te.- -
1 ha:eby certify that :ill me wove stlLwncnt5 arc. tro~ lI.t\d I ae;z:ee and unden;und lhu my minl:J,tcm.<:tLt of ~ fa.~
coo,,",<<I in .... .pplicaooo may QUK f~n<i<occ "1'00 "'" p"" of ""J' .ppoin'-"" 1 ,,m.o
~ . . r J3/o..r
SleN'" _ DAm
Note: This 1ppliCltion willJ:l::l:I1Ai.D. on iilein the City Oak's Office f~ 2. }X.nod of2 ycaz:s from the d3.te it W'iS
~ubwittcd. It wjll be tbe ::Iflplicant's respoasibil,ity' ~ ensure th2.t ~ current. application is on tile.
9-Cln"a.J!U:IeO~noll
..I.r..l.
PAGE 03
(}eoPfje ma30' JOne3 Ph:J)
PO /l(1X 7 CXJ6
BOCA RA TON, Fl 3343/
E-mail-GeorgeMilso@webtv.ne[
Telephone (56/)265.J:164
T~/eFax (56/).165-J264
March 5. 20
City Of Delra)' Beach
City Clerk's Office
100 NW 1" A venue
Delray Beach, FL 33444
Dear Sir/Madame:
Attached pJease find a completed Board Member Application. It is my intention and desire to
serve on the ComnllUlity Redevelopment Association (CRA) board. As agent for Juan Rodriguez
and representing him with regard to his property located on West Atlantic Avenue, I haye been an
active memherof the cOIlunurnty for the past eleven years" TIll'ough this involvement, as you
know, I have served 011 various boards and committees. and have enjoyed wituessing and being a
part of the successful redevelopment of Atlantic A venue. With that said, I feel that there is more
work to be done in this redevelopment. through my involveinent and die friendships 1 have made.
I have developed a passion for the A venue and its people. T believe that my professional
experience, as described on my resume, along with my community involvement in Delray,
uniquely qualify me to serve as a board member of the eRA. I am confident that together we can
complete the vision of Atlantic Avenue.
C ordiall)',
.
ir'"
j
PWD..u>w
P03
RESUME
GEORGE MAS0.10NE'S.
.... .
:.
EDUCATION:
..
Und.rgradult. De,T.. In Law
Ph.D in Sodal Selence
University of tJrugul)'
University of Urusuay
Post Doctoral Studi.. 11" the ltelS of Business Administration, InternaUQnal
Bankine, foreign Relations, Communications, MarlCtting, Medii, Publicity,
and SaltJ Promotion.
\\.
nOFESsrONAL AFFILIA nONS:
. . .
.
Fortfp Pres. Center of New Yorle, Member
Iftt.rnltional Press Association, Presfd.nt.1S73.7S
UOftJ Club International ASlodatfon, "Board of Direct'ors
Oarter Pr..!dent 01 United NatiON Lions Club..19"
Latin American Federation of Public Relations, Member of Board
Ul\fverslty.J)l Illinoit, Chicago, flIinois.Cepartment of Criminal1\tsUce
..
Guest ~cturer.
Florida Atlantie University, Boca JUton, Florida-International Trad.
Sp.daJist, Counselor
. .
LANGUAGB FLUENCY:
.
1I\8111h, Prench, ItIHart, PortuJU~se, Spanish
PlOFBSSIONAL EXPERIENCE:
A. con.uItant, advisor, .valuator,. ne&otiatof, and lft\pa!ementOt with
extenslvt al\d dlviulff,d .xpfritnceln both public and private sector, in the
Middle 'East, far East, lurop'. North America, and Latin America with, for
and Oft bth..!! of clients lnvolv.d in International business venturiS.
... - . .
.. ......,..""...
PO~
.
.:
Rohllftt/Ceora' Muo JC'\CI. PI 2
Area. of experlene. and f)(ptrti.t are weB grounded and identifjed in
Internatior,al finar.c., blnJdng, fnternationa16bartering, in~ernaHo~aI trade,
commercl, dlveloper 01 Industrial profectt and cpmmQrcial contracts.
Troubl. .hooter for government. and independent business in important
.ensitiv. and' delleat. area.. . ".
.
. .
PROfESSION At JSTE~NA TIONAL INVOL VE~iENT:
. .
Au!.ted In putdn, together t1RUPA80L a:oup 'between Uruguay, Paraguay
and 8olivla. . Collaborated and d.veloptc! original scheme and implemented
.am. representin, the government of ~rvguIY.
Personal advisor to Bolivian Pre.!dent Barrientos. Arranged tinanelng and
'\lPI'Hec! 5000 tractors to i6vtrnm~nt 01 Sollvla by Titan Tractor,Corpora:lon,
N.w Yorle.
i
"
-
. .
,
Coordinated and Implemented a proJ~et of hqu.s1nl and apartment complexes
lor the Municipality 01 Mont.vidfo, Urui,iay. Over.a period of nye years,
more than 80,000 p.rson, wet. able to .upgrade their hO\J$ing stAndarcs ~n~
'.rsonal IIvlni conditions. l'hf. project was . JoInt effort bet':Vten Inter
American Development Bank and tha City of MontevIdeo. .
. Rlpr...ntatlv. cll1ruluay to l11\'ESC9 Paril, Franee. Conducted ~tNnars in
JournaUsm, masscommunJcation and media strategits.
.
,. ... Repl'IStnt.tlvl of EXPO 70 Osaka, lal'a~. Led prIvate and official seeton.
. :
, PubU.her 01 N.~.papeJ' EXTRA lor "Edlc:lone. Orientale. Cooperatlva
,.rloc!l,tiea" MonttvJ~eo, Utu,uay. .
.
Speda! .dvltor to Or.JOSt Mora Otero, Minister 01 Foreign Affairs, Uruguay.
'.
(
. UnU.d Nation., NYC . Information and press advisor to IOvernment of
Urusuay. Spfeial Advisor to Amb~s~~dor of Vr~guay to the United Nations.
.
. .
~
.
.
pos
'~.umt/~r,. Muo 10,.01-,. )
.
Spfeialappointed r.'gotiatol' for barter of Uruguay shcep/mutt'-'n (or Kuwait
cru~. 011. Concluded and implemented two cQntracts in 1978 and 19?9.
N.gotiated JoInt Venture (or production 0.' anti-pollution en.mica!s between
Crant Chemical Corporation, New l.rHy..at\d Brazil (Petrobru),
, Negotiated d..aUniution plant contracts between 8razlHan Government a~d
.. .
Rc)'al CommIssion C]UbimI<inldom 01 Saudi ArabIa. Plant completed and
Oft .tr.am in Jun. 1981.
. .
. .
. .
.
Central tfaur. in d.v.lopinS 10)000 unit apartment house project lor the
Munld~aIity of Cuayaquil, Ecuador (Banco de'la Vivienda),'
.
Splela! Issisnm.nt with ITiL Corporation, San Francisco, California in
co~Ju"~tft)n with M,'Cfcan 'Cov,rnment (CON.ASUPO) to locate and retrieve
264 railroad box car. which had,~betn mi~ling f~r two )'ears i,n MexIco.
Special con.ultant to President Roldo.t of,Ecu.dor to arr&n8.~ barter betwee~
Etuador and India. . '; ~
lrrange tor Ha/cod product. of Mitsui Corpor.ation, Osaki, Japan by Trans~o.
Fi.h Com~any, NYC for tompreheJ'\$ive U.S, d!strio\.\tion
.
.
· Arransed (inane!nl for AM!SA, Uruguay, for Its sugar refinery. .(USD 27
I!t\DHoJ\, ec"'pllted in three phases), Also AMESA, Uruguay ha\'e arranged
use 12 mmlcn 101" with OPIC. Washin,ton, .OC luarante.'. This transaction
WU oompl.ttd wltftlft fir.t quarter of 19.86.
.
. .,
,.
.
tnt.rt.c: S.A., .p~ei.l con.ultant to luzll, Arg.nUna and Uruguay in'
Il\t..rnationalllnane.. ~ankln~ tree trade ZOJ'\", lor the new common market.
'.
.
Speclat advisor to the Czech RlpubUe In the ir... of International Sanking,
tJ\ttf'f\.tiOI'\&l Trad.. and Int.rnatlonalltelations with Latin America.
-.
.
,
.
,
05/13/05 FRI 11:00 FAX 561 243 3774
CITY CLERK
F~:;J;Y~
D8.1tA.Y BUCH
~
~CitV
'~II ~!
1993
" 2001
CITY OF DELRA Y BEACH
BOARD MEMBER APPLICATION
Pl~ tvDe Ot ~t1Qt the fOUOwlwr infottlation:
1- Last NlattJ.e: H~C-Lol~ N~ l 0... \ool- C M.. I.
fTY (~I r:: ={
2- HotD.e AddtC$~: ,J. City~" ~e..H- State Zip Code
. a2.7&" S W...JoroN - :KAv
3. l..egal Residence: City St~te Zip Code
4. Principal. Businen Add.tQs; City S~te Zip Code
L--- ---
5. Horne Pbone: . Business Phone:""""" E-Mail Address: CeIl Phone: Fu:
2710. 5:4~e 7 IS:. 4,Q :; K.t.... ft\~ (.,0 ,-.1(;2 S.;:II SO uTt04 . N c' Z79.4.!J31
6. .Are you a tegisteted votct? YC:5 If so. where axe you tcg.i.',tcted? ~ ~E~e..1{
b"-. V
7. What Bowl(s) :axe you intetest~ in serving? Please list in order o~ ptefer.~ee: G"1<A
8. list all City Boards on which YOll ate CUttdltlj serviog or ha:ve preriou3ly sctVcd: (please include"data)
--- -- Ft 'T'"""M\ ~ t\ E~
,
9. Educatio~ qwilifi.cations:
.
__"~"'''''_M.'''''_,'' '.M .........~._..h__
10. List any related professional certifications a.o4license$ which you hold;
11. Give yo~ present,. or most recent eniployer,. and pO:llitio~
. 12 Dtsm"be apcciebCX$. sk:ills or kAowledge whiCh <{'Wify you to serve on this board: (please attach a bdef resume)
'--'
I b~y ec.ttify that :ill the ~ove $btemetlbi arc ttue, and I agree and undc.tstand that any misstatement of .cnatctW fads
~ lhJ. opp&.liou..., awe ~ upon m,~"".r.OJ oppoit._ I..., ~ O~
' -~~~---. " . ~./~. ----
SIGN.t\.1URE DA.....E
RECEIVED
MAY 1 R 2005
K
Note: This application wilt temain on file io the City aerlr?s Office rot a period of 2 yeats from the date it was
submitted. It will"be the appJiont's responsibility to cn~e th2.t a current application is on file-
" ~~l1Q/'I
cl-fY7 3/01 ...."
APPLICATION FOR APPOINTMENT AS A CRA BOARD MEMBER
Richard McGloin
#8-12
Downtown Development Authority
Board of Directors - July 2001 to Present
Delray Beach Master Plan Implementation Committee
Committee Member May 2002 through Present
Delray Beach Master Plan Design Guidelines Committee
Committee Member May 2002 through January 2005
Delray Beach Master Plan Transportation Committee
Committee Member May 2002 through January2005
Public Arts Task Force
Committee Chairman Aug 2002 through November 2004
Pineapple Grove Main Street
Board of Directors Oct. 1996 through Sept. 1999
Chairman of Artwalk Committee - Oct. 1999 to November 2004
Downtown Merchants and Business Association
Board of Directors - Jan 1999 to July 2001
1996 City of Delray Comprehensive Plan Review
Committee for Parks and open spaces
Seacrest Homeowners Association
Board of Directors - June 1992 to Present
Southridge Homeowners Association
Board of Directors - January 1997 through January 1998
Mayor's Taskforce for solutions for the Atlantic High I Seacrest property 1996 &1997
My 30 year business career includes: Electrical Engineering, Division VP for Greyhound Corporation and a
successful small business owner. This variety of positions has given me excellent experience in
interfacing, supervising and creating a consensus with a broad range of people.
My term on the Board of Directors for Pineapple Grove Main Street was as Business Coordinator. I
worked with the Program Manager (Tom Fleming & Lou Waldmann) and the other board members to run
this organization in a business like manner. This position required personal interface with the business and
property owners within this district and many presentations to the City Commission and CRA board.
In January 1999 the Downtown Merchants and Business Association was restructured with many new
board members added. I was invited to sit on this board due to my familiarity with the business issues in
Delray both from a Pineapple Grove viewpoint and as a property owner on East Atlantic .
In 1995 I was a member to a committee to review and suggest changes to the city comprehensive plan.
John Johnson was the city staff member who chaired this committee.
IIi 1992 I worked with Ms. Deborah Dowd to establish the Seacrest Homeowners Association, a voluntary
membership neighborhood association. I have been actively involved in the "neighborhood plan" since it
waS first conceived is a joint meeting with the city manager, the planning and zoning director and several
Seacrest board members.. I have recently rejoined the Board of Directors.
APPLICATION FOR APPOINTMENT AS A CRA BOARD MEMBER
Richard McGloin
As a property owner in the Woods of Southridge I joined their Board of Directors at the time when it was
imperative for the stability of that neighborhood to show property improvements. Part of that project was
working with the city on the plan to change the streets from private to city owned and add the
improvements necessary to promote this area as a strong viable neighborhood.
After requests from the Seacrest Homeowners Association, Mayor Jay Alperin formed a task force that
included city, county, Atlantic High and neighborhood members to search for a solution to the blighted
property to the west of Atlantic High SchooL This task force formulated the "field house / gymnasium"
concept and lobbied to make it become a reality. I made many presentations to the city commission,
county commission and school board on behalf of this project.
*****
,(at<) ~~e~A/i
OBRAY BEACH
.. 4. 0 . , . '"
All-AmericaCity
"II J!
1993
2001
CITY OF DELRA Y BEACH
BOARD MEMBER APPLICATION
infonnation:
City
1.
2. 1?:3 AditAI
3. Legal Residence:
N?fI/NJl/IL.f)
City
~ WILT;!
4.
Zip Code
). 3311'1
Fax: 51J>/-
'1~ i/-tf> I tf&,
7.
8.
M VA/I tJ~
9.
I hereby certify that e a ove statements are trot; and I agree and understand that any misstatement of material facts
contained in this a licatio may cause forfeiture upon my p~ of any appointment I may receive.
CJ(o- ~ ~ - t7..>-
DATE
hote: This ap cation will remain on file in the City Clerk's Office for a period of 2 years &000 the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
S\ClTYaJ!RK\BOARDIAPPUCA1l0N
Leonard B. Mitchell
6563 Rainwood Cove Ln
Lake Worth Fl33463
(561) 433-4584
(561) 662-5949 (cell)
Professional Experience:
July 1997-
Present
Palm Beach County School District, WPB, FL
School District Police Department
Police Captain! Assistant Chief
Internal Affairs Bureau; Fingerprint and
Identification Bureau; responsible for budgeting for
172 sworn police personnel; directly supervising
4 zone lieutenants and 100 sworn officers; imple-
menting departmental/district policy and pro-
cedures.
Aug 1989-
July /997
Palm Beach County School District, WPB, FL
District Supervisor
Primarily responsible for the protection and safety
of school personnel, property and students. Estab-
lished and maintained partnerships with appropriate
community police agencies. Supervised 15 school
resource officers.
Aug. 1983-
Aug. 1989
Atlantic Community High School, Delray Bch. FL
School Resource Officer
Primarily responsible for the protection and safety
of school personnel, property and students.
Developed security plans for all school activities.
Enforced all applicable Florida State Criminal
Statutes. Developed and implemented student
Drug prevention programs.
1982
Tallahassee Police Department, Tallahassee, FL
Routine Patrol Officer
Safeguard the lives and property of the citizens of
The City of Tallahassee, FL.
Enforced all applicable Florida State Statutes.
Leonard B. Mitchell
Militarv Experience:
United States Army
Commissioned Officer, 1977 - 1980
Defended the country against enemy forces foreign
and domestic.
Earned commission as a Second Lieutenant,
August 1976.
Graduated from U.S. Army Officer
Basic Course, Ft. Benjamin Harrison (Ind.) March,
1977.
United States Army Infantry School-Ft. Benning,Ga
Deputy Chief of Personnel Management, 1977-1978
Assigned all incoming officer personnel, managed
school's travel budget, developed and implemented
workable Race Relations program and Interpersonal
Skills program.
Personnel Officer/ Admin Officer, 1979-1980
Responsible for 5 departments that consisted of
335 millitary personnel. Assigned all incoming
officers and enlisted personnel. Developed the
department's Race Relations program. Imple-
mented the TRADOC Management Information
System.
Education:
Florida A & M University, Tallahassee, FL
Bachelor of Science, Political Science/Pub Mgmt
1976
Troy State University, Troy, AL
Master of Science, Criminal Justice(20 hrs)
Leonard B. Mitchell
Technical Education:
Lively Law Enforcement Academy-Juvenile
Prosecution - 30 hrs
UF Law School- Pub Admin. - 24 hrs.
Ofc. Of AUy General - Police Supervision-
40 hrs.(Managing Crisis Situations, ICAP
Policing in a Cultural Diverse Environment,
Noble Training Conference)
Palm Beach County Sheriff's Ofc -
Verbal Judo - 40 hrs.
Southern Police Institute Graduate - CODC- 35
Leadership Palm Beach County, 2000
Community SenJice:
2002- Present
City Education Board- City of Delray Beach
1996 - 1997
Chairman, West Atlantic Redevelopment
Coalition (volunteer position)
1989 - 1997
Vice Chair, Delray Beach Community Re-
development Agency (CRA) (volunteer position)
1986 - 1989
Member, Delray Beach Human Relations Board
(volunteer position)
References:
1). Chief James P. Kelly
PB County School District Police Dept.
3300 Forest Hill Blvd.
West Palm Beach, FL 33406
(561) 434-8435
2). Dr. Kathy Wiegel, Principal
Atlantic Community High School
2501 Seacrest Blvd.
Delray Beach, FL 33444
3). Mr. Gerald A. Williams, Esq.
Chief Officer of Admin.
3340 Forest Hill Blvd.
West Palm Beach, FL 33406
.'-"I.J. 'I L..,'_"_'._' ..L..,.. "'-... .-........."'-.-..-..-.-..-..:;. 'IT" 1
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OWtAY 8~tC
~
ffijr
car CLERK
CITY OF DELRA Y B'EACH
BOARD MEMBER APPLICATION
jJmJcifj~At1
1~O'J
~EIf""'--l'\ ''''-n
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:. '" _ ~~";'>lk.""... ....... ""'__
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MOR Property Management, Inc.
t'M1JR/
:Pro,",rty M..,.gwmenl. Inc.
,
Page 1 of3
Management Bio's
James M. O'Brien
President
Professional Experience:
. Over thirty years of hands-on experience in Property
Management, Leasing, Marketing, Tenant Improvement and
Construction Coordination in the Northeast and Florida markets.
. Primary focus on Office, Industrial, Retail and Mixed-Use
properties.
. The management of asset portfolios with a diversified product
type and quality.
. The management and supervision of fee managers and leasing
personnel as well as directly employed managers and leasing
agents.
. The development and implementation of asset redevelopment
and enhancement programs.
. The development and implementation of investment plans and
the on-going management of investment and operating budgets.
1999-Present
M.O.R. Property Management, Inc.
Delray Beach, Florida 33483
President
BeachPlace
Fort Lauderdale, Florida
General Manager
Responsibilities included the overall day-to-day management of a
100,000 square foot Entertainment Center with an attached 800 car
Parking Facility and a 400 room Marriott Vacation Club International.
Primary functions included the fostering of strong Tenant relations as
well as the retention of desirable Tenants compatible with the
Entertainment Center concept. Additional responsibilities extended to
the production of maximum net revenues, cost control and analysis of
the operating statements to enhance ways to improve on revenues and
control of costs. Oversee the internal accounting, marketing, security,
janitorial and general maintenance of the Center.
Codina Real Estate Management, Inc.
http://monnanagement.comlbio_obrien.htm
3/24/2003
MOR Property Management, Inc.
Page2of3
Coral Gables, Florida
Vice-President
Responsibifities included the management Gfan existing portfolio of
Commercial Real Estate properties, Investment Sales; Syndication of
New Partnerships and coordinating the formation of new Joint Venture
projects for the Codina Group and its affiliates.
1988-1996
PFK Realty Services,inc.
Fort Lauderdale, F~orida
Partner
Director of Management, Leasing and Marketing for PFK Reafty
Services, Jnc. (please see attached Curricutum Vitae). Additional
responsibilities also extended to Management of Tenant Improvement
Construction for the Company.
American Tectonics Southeast
Boca Raton, Florida
Vice-President
Director of Management, Leasing and Marketing services.
Responsibilities included the management, leasing and marketing
activities for a regional Commercial Real Estate developer in South
Florida with over 1,000,000 square feet of Commercial space either
existing or under construction. Additional responsibilities included the
long-range planning for the management, leasing and marketing of
future Commercial. Industrial & Retail Developments, as weD as the
oversight of aU Tenant Improvement Construction projects.
Johnstown American Companies
Consolidated Capital, Inc.
Atlanta, Georgia
Vice-President
Director of Management, L-easingand Marketing and Tenant
Improvement Construction, Boston, Massachusetts's regiGnal office.
Responsibilities tncluded over 1,000,000 square feet of Office I Retail
space located in Massachusetts, Tennessee, Connecticut, Michigan
and Georgia.
Personal:
Reaf &tate Broter~ Massachusetts
ReatEstate Salesperson, FJorida
B.O.M.A.
Past President, South Florida Chapter
Education:
,r
Milton Academy, Milton, Massachusetts
Trinity College, Hartford, Connecticut
SA History
http://monnanagement.com/bio_obrien.htm
3124/2003
11/16/~004 ll:~~ 9547864677
!!/l~!U4 MON 11:26 FAX 561 Z~3 J774
BUILDII'IG
eIn CLERK
PAGE O~
~002
DELRAY BEACH
~
rqjr
1993
200-J
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
rll!t/(J~ .
Please e or riot the follo info.onation:
1, Last Name: I C'"
.J E ffO f""'1 b J A-4z.a..v G
2. Home Address: - \ d--Cl ~
2-d&> ~4-G j::4L..~&; i>/:
3. ugnl Residence:
N~e.
MI.
City
&> ~L,.4l
City
S tlI. tc
G~ ~
State
7.ip Code
6; 83
Zip Code
4. Principal Business Address:
I 00 a,V A T ~4J 'Tt-~ Co> B t. ../ JJ.
City
,Pl;) o/.-.P ~
Stale
~.
Zip Code
3)'o6t
5. Home Phone; Business Phone: E-~1.ilAddIess: Cd! Phone: Fax:
5l1-Z-~~~Z.5'9 7n.,. 7'6-1'~J6 .$~Z.~;o,;6 .)~/lP-J.. 'F~'-S- 7J-/7/7 9Tf"'71~";#7G'
6. Are you 1'L ct::gistered vorw y.;;:-.5" If so, whe.te are you regIstered? I;?li?z-,,,,,-. '~E~
7. \'lIhat Board(s) are you int~e$Ied in serving? Please list in order: of pref~ence:
5 Zo~Nj C .
; List:all City Boards on which you are currently ser-v-ing or }p.y~_prcviO}J~ly se:ry~;. (Pl~_s.e, includc.9ate.~1_ .
-: oJ;; - - o,:!=/ U' '_H 0 -_ - - -- - . . '
9.
<:.,.,
1 L Give yout' present, or moSt recent employer, and position:
4 '-?'
12 Describe experience!>, skills or knowledge which qualify you to 5a'1e on this board: (please a(\:llch a brief resurn<:)
C J?~~ ..z;r<<./&J{~ ; > G Co ';h~
qr ( ~"'J;. j :..e....... R n (>;." 6::> " ;"0' ~/ ;cro
ve?-. ~t:r~1/ _r /S ). C/I-<,-
I hereby certify thar all the above statements ;w: true. and r g ee::LOci uodcrsttnd char any mis.1Ilt:l.tcment of maceci.al facrs
con' ;1.1 this applicnti 2.y C<\use forfcicure upon my part of -an)' appointment I may.receive.
-BP~r
DA1'E.
-1ECE'VED
NOV 1 6 2004
ate: This a~plication -.:r:ill renWn on file in the City Clerk's Office for:a. pc.tiod of 2 years frorrQltft.ftt:Ol.~ K
subL~' I~e che applicant's l.-espon$ibilitV to ensure that a cutteIl[ aDDliClnon iR on fit",_
11/16/~004 11:~~
'3547864677
BUILDIIIG
PAGE 03
JEROME SANZONE
200 MACFARLANE DR
DELRA Y BEACH, FL 33483
(561) :243-3299
OUTLINE REIJME
March, 2002
Prese.nt
City of Pompano Beach
] 00 E Atlantic Blvd
Pompano Beach, FI.33061
Building Official
March, J 989- City ofDelray Bcach Bujlding Official
March,1002 ]00 NW IS! Ave
Delra.y Beach, H 33444
Jun.e, 1.986- City of Oakland Park Building Official
March, 1989 3650 NE 1:2'" Ave
Oakland Park, H 33334
June, 1984- City of Pompano Beach Assiscant Building
June, 1986 141 SW I" Ave Official
Pompano Bcach, FI. 33060
June, 1980- Self-Employed Construction Consultant &
June, 1984 RR 2, Box 816 General Contractor
Pompano Beach, F1. 33067
April, 1978- General Developmenr COIp. DirecTor of Primary
August, 1980 1111 South Bayshore Dr Housing
Miami, Fl. 33131
October, 1986- American Plywood Assoc. Sr. International
April, 1979 PO Box 11700 Field Services
Tacoma, WA. 98411 Representative
August, 1965. Rinker Materials Eng. Coordinator.
October, 1966 805 N. Railroad Ave. Field & Fabrication
West Palm Beach, Fl. of P:roject3
February, 1963- LindSley Lumber Co. Estimation,
August, 1965 Steel Division Detailing, Field
Dania, Fl. Supervision,
Customer Relations
April, I 960- Sec.urity Planning, Inc. Sales Representative
December, 1962 First National Bank Bldg.
Miami, FI
February, 1960. Dade County Highway Estimator &
February, 1963 Design Section Designer
11/16!~004 ll:~~
June, ] 959-
September, ] 959
Sept. 1958-
Jan., 1960
Sept., 1955- .
Sept.. 1958
June, 1954-
Sept, 1955
9547864677
BUIL[lHI':J
C & C Construction
60 Tabor Place
Estimator &
Designer
Investor Planning Corp.
60 E 4Znd StrE:et
New York, NY
Sales Representative
JEROME SANZONE
ZOO MACFARlANE DR.
DELRA Y BEACH, FL. 33483
(561) 143-3299
OUTLINE RESUME (CONT'D)
New York City Community
College
300 Pearl St.
Brooklyn, NY
Construction Tech.,
ABS Degree
United States Army
Corp of Engineers
Levy & O'Keef
171 Madison Ave
New York, NY
Mechanical Design
PAGE 04
11/16/~004 ll:~~
Date of Birth:
Marital Status:
General Health:
Military Service
Certification:
School:
Organizations:
954 7864E. 77
BUILDIHG
PROFILE
August 17, 1936
Mauied
Excellent
US Army Corps of Eng. - Honorable Discharge, 1955.1958
Florida State General COlltractors
License #CGC-007690
Certified by the Department of Professional Regulations in thf:
Following areas:
Building Code AdminiglTator;
Structural Plans Examiner and Inspector;
Elecrrical Plans Inspector;
Mechanical Plans Inspector
Plumbing Plans Jnspector
C.A.B.O. Ce.rtifl.ed Building Official #923
Florida Board of Building Code and
Standards Certificate # 111
Building Otlicials Association Building Code
Director Certificate #147
Somb Florida Building Code Building Official,
Chief Stmctural Inspector and Plans Examiner
NYCCC A.B.S. Degree in Construction Technology
Florida Atlantic Builders Association Chairman of
Affordable House Committee
Governmental Affairs Committee
Builders Association of South Florida
Co-Cllainnan ofTeclmica1 & Construction
Committee
ConstIUction Specifications Institute
Building Officials Association of
PAGE 05
11/16/~e04 ll:~~
Boards;
Languages:
'3547864577
BUILDH1G
PAGE m;
Florida
JEROME SANZONE
200 MACFARlANE DR
DEl.RA Y BEACH, FL
PROFILE (CONTD)
Broward County Construction Industry Licensing Board
Palm Beach County Building Code Advisor)' Board
Palm Beach Count)' Fire Code Advisory Board
Fire Cod~ Board of Adjustments and Appeals
SBCCI By-Laws Comminec
SBCCI Code Interpretation Committee
SBCCI Ex.isting Building Code Committee
SBCCI General Design Committee
BOAF Resolution Committee
Palm Beach County HllIricane Retrofit Committee
Palm Beach COUllty plumbing, Elecrrical and
McchaJ)ical Review Committee
ICC International Building Code Structural Committee
Italian, Spanish, Japanese and Latin.
11/16/~004 ll:~~
9547864677
CLIENT
US Dept of Agriculture
National H(lmes, Inc.
Ryan Homes
G.D.C.
Heller, Weaver & Assoc.
Gcnstar
ITT
G.P.
Northwood Industries
MarChem
Everg]ades Chemical
MCl-Carter Coating
CA. Marando
Florida Division of
Law Enforcement
BUILDIt 113
JEROME SANZONE
200 MACFARLANE DR
DELRA Y BEACH, FL. 33483
CONSULTING
ACTIVITY
Set up construction companies to build mass housing and train
Personnel in Venezuela, S.A., 3 projects started.
Acquire product approvals for their system under the
SBCCI and SFBC.
Ana1Y7..e and solve eonstruction problems.
Analyze and solve construction. problems.
Evaluate buildings for condo conversions.
Developed site plan for planned community in S. Dade
Evaluated strucnues at Palm Coast in Bunnell. FL
Approved as expert witness in American Arbitration and
Federal Coun,
Analyze and solve problems of construction applications.
Advised on marketing of construction products and gained
code approvals.
Advised on marketing of construction products and gained
Code approvals.
Advised on marketing of eonstruction products and gained
Code approvals.
Advised on marketing of construction products and gained
Code approvals.
Advised on marketing of construction products and gained
Code approvals.
Analyze, investigate: and evalu8tc projects as well as te-.stify as
An expert witness for [he Construction Fraud Case
PNiE 07
11/16/~004 ll:~~
9547%4677
BUILDHIG
......."".
JEROME SANZONE
200 MACFARLANE DR.
D ELRA Y BEACH, FL. 33483
PROFESSIONAL ASSOCIATIONS
American Concrete Institute (ACT)
American Institute of Timber Consouction (AITC)
Building Officials Association of Florida (BOAF)
Building Officials Association of Palm Beach Count}' (BOAFPBC)
Building Officials and Code Adrninistr:Jtors (BOCA)
Construction Specification Institute (CSI)
Council of American Building Officials (CABO)
International Conference of Building Officials (ICBO)
Southern Building Code Congress InteOlational(SBCCI)
PROFESSIONAL CERTIFICATIONS
BrOW3rd Coun.ty Board of Rules and Appeals:
Building Officiall Plans Examiner
Building Officials Association of Florida:
Building Official! Department Director
Council of American Building Officials:
Building Official
Florida Association of Plumbing- Gas-Mechanical Inspectors, Inc.
State of Florida. Department of Business & Professional Regulation:
Bujlding Officiali Code Administrator, Plans Examiner, Inspector
State of Florida, Department ofBusincss & Professional Regulation:
General Contractor
State ofFJorida, Florida Board QfBuiJding Codes & Standards:
Buildjng Official
RELATED INDUSTRY ACl1VmES
Building Association of South Florida:
Co-Chairman, Construction & Codes Committee 1980-81
Chairman, Palm Belich Cou:nty Fire Code Ad....isory Board 1990-94
Chairman., Palm Beach County Fire Code of Appeals & Adjustments 1990-94
College ofarcmtecIS, Engineers & Sl1JVeyors Seismic CommitteE 1968-73
Low Cost Housing Comrninee- Puerto Rico 1963-68
PAGE 08
. ,
11/16/~GG4 ll:~~
9547864677
BUIL[IIt~G
President. Building Officials Association ofBrov,lard County 1987-88
Pr~sident, Building Officials Association of Palm Beach County 1994-95
Southcm Buildiug Code Congress 1nt(':mational By-Laws Committee 1992-93
Southern Building Code Congress International Code Intnpretinion Committee 1994-95
Southern Building Code Conference International Existing Building Code Comminee 1995-97
Soutllern Building Code Conference IlltemationaJ General Design Committee 1997-1999
International Code Council ICC INTERNATIONAL BUILDING CODE~StrUctural Comminec ] 999-
Pr~ent
PAGE 0'3
.. -;-.0 u. -.. "'--"
*****
4. Principal Business Address:
~, C). ~ (9 )ll 6 ~
f:
CITY OF DELRAY BEACHf\€.CE., ~.(\~
~ f', 1\)u
BOARD MEMBER APPLICATI_ ~.1J . .~V-.
Cr(~/~; jot
MI'L
Zip Code
Name
mr
1993
2001
Please e or riot the folIo
L Last Name: 5 Co he.
2.. Home Address: 600 sE
3. Legal Residence:
~OO Sf:
~~
FL
State
City
Bo ,....td^ Be___~\.....
fL
33 ~ ~S
E-Mail Address:
Cell Phone:
Fax:
7.
8. List all City Boards on which you are currendy serving or have previously served: (please include dates)
(""'\ c{ "'" ~\""j G-to:vS!
11. Give your present, or most recent eniployer, and position:
co
SIGNATIJRE
o \ I 0 \ I Ob
DATE .
Note: This application will remain on file in the City Clerk's Office for a period of2 years from the date it was
submitted-It will be the applicant's responsibility to ensure that a current application is on file.
S\CITYaJ!RK\BOARDIAPrUCAnON
U:>': Itl,: :':UU5 10: 40 tAA I:>Ull.JIHS:l.J
V~'~~/V~ rnL ~~~~u C4A ~o~ .~~ ~/lq
1"11'<::>1 t:.1ol1l1U:: 111LJ:.
\., J. 1. X \,:.u:;.t<1\.
tgJ 110 :.:
I4l 005
DELRAYBEACH
. .. GO Ie 8 II> ....
AD4mericaCily
" III!
1993
2001
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATIONF:r
MAY 1 6 2005
0/1/ ~a/r:-i:/al.
5/1 fd /tTl
"-*"'Y'*'It-
infozmatiou=
2. Home: Addrc::ss:
''-(
3. LcgalResidence:
V-Ct:'
R- ("h [)ri ve.
l:,.y
b;r\Ql"
bel Vr?( .B (-ivL.
1.
Name
City
4. PEincipal.BuslnC33 Add.ccaa:
)77/
City
j](.l IJ1u h. JJ { & 1,
E-l\fail Address' Cdl Pholl.e;
{f3fe;h{f/lJol.~{r:d c~'7 5.II ("(/- S-fY(f
If so, 'Where :uc you xegisttred?
State
H.
Zip Cock.
.1] y..?,
s.
)1/- h"37.,r;95-S- Sf /.7]/-0;)3/
6. 1ue you a'.cegisttroo voter?
F:a.:x:::
Ej
7. Wbt Boud(s) are you inr.eresc.ed in setVing? Please list in ot:dec o~ preference:
_ c;; 'v' ( - J-1(.
)(./- 7j/-/~.J
rcC/'n.cf 1f 1"0,7;;2
8,
9. Educatiowl qualificuions:
(/
..
I
I 10. List a.ny related p1:ofessioruU ce.rtifi~tions al1~ licenses which you hold:
. Il f'{ 4 c 'i
11. Give10U( pJ:CS~t, or ~ost r~t employer" and posicioz:c /J <
- / I - e L t-C- tft. I
ev
'12. Describe 6pedence5, skills or knowledge .which qualify-you to s~e. on this bo:u:d: (please :a.tt3ch :a brief resume)
f, '- 1:.-.. ,., r/
I hereby ~ that all the 2.~OVC st:a.tem.a:u::II ue uue, and I 2gt:~ lI.D.d underst:md cb.tt 2JJ.y mlsSt2.tement Qf .m:at~ml (acts
conuin in this :application may cause forfciture: upon my part 0 f any :appointment I may 1:cx:cive:.
. .5-//6/0;-
. DA'IB' /
/e: This application 'Will remain on file in the. City Clerk's Office to.c. a. period. of 2 ycal:S from the ch.tc it W~
suhmio:ed. It will.be lhe applica.at"s t:esponsibility to ens'lie du.t. a CUl:rent appli<::a.Uoo. is on.file.. .
S'<a1....~J\JltIIJ\S'('UCA"ON
O.,,'10,'i;;C)Q., 19. 1;.1. I.-",~.u. 1?Q1T""110l?""
J.-.J.J...O-.L- J...J4:II,-l.l.-..L.:a.. -.1.-.l.-....-.a-LJ
~Q()9
Dinah S. Stephenson, Esq.
Educ:ation
December 1988 University of Miami
. Received Juris Ooctorate (J.D.)
Miami, Fl
May 1981 University of Alabama
. Received Bachelor of Science (8.S.)
Tuscaloosa, AL
Work expewienc:e
2002-present
First Equity Title, LLC, President
. Responsible for daily management and legal functions of the
company. Overseeing all settlement transactions from initial
searches through post closing & Issuance of title policies.
2001 - 2003
Attorney at Law for Scholl, Ticktin & Associates
Broker/Owner of Destinations GMAC Real
2001 - present
Estate which is now Exit Realty The
Destinations Group
01/1992 - 09/2001 D. Stephenson Construction, Inc.
Vic=e P'6:a'-leht, Chief Administrative 0ftIcer
. Responsible for da~y management , scheduling, coordinating and
general supervision of an administrative and legal functions of the
company, including contJad administration. Also overseeing
wor1<ers compensation and other personnel issues.
1993 - 2001 Stephenson Realty, Inc. Miami FL
President, Chief Executive Officer.
. Responsible for acquisitions, coordination of real estate
management, comraa negotladons. teaslOllrry analYSIS, ana callY
accounting and supeNising of all company owned commercial
property.
1990 - 1998 Stephenson Merchandising and Mark.eting, Inc.
VICe Pt98ldent
. Responsible for supervising mert:handislng of products and
supervising dally functions at Amoco Gas S1ation, induding
personnel issues.
05/16/2005 lU:41 ~AX 15617311853
Organizations &
Communil;y
8CUVIUe$
VokaIteer
experieIK;8
Fltl.ST EYUITY TITLE
141 004
1988 - Present DDS Investments, Ine. Miami FL
Vice President
· Responsible for acquisition of commercial properties, coordination of
real estate management and contract negotiations.
1988 - 2001 Attorney At Law, Miami and Ft Lauderdale
· Responsible for handling Real Estate acquisitions and feasibIDty
analysis. Continuous involvement with Real Estate management
an~ Mmmistraiion. Pi'actice includes aU aspects of Reat Estate
Law, Guardianship, Corporate Law, Construction Law and General
Practice.
The Florida Bar - member
National & Florida RMrrl nf R~fn~
City of OeIray Beach - Public Employees Relations Commission
Boynton Beach Chamber of Commerce
Boynton Beach Chamber delegate for Boynton Beach Sister Cities. Inc.
Museum of lifestyle and Fashion History - Board of D!rectcn; & Secretary
Friends of Northwood Professional Advisory Council
Rotary Club of West Palm Beach
.Business Development Board - President's level
Dwights computers for kids program
United Cerebral Palsy
information:
~4/ ,Z2JPf:.. If
:2 L/ 3 3 '7 /-.1 y!
CITY OF DELRA Y BEACH a;tZ;<.- ,J~~ ~
BOARD MEMBER APPLICATION~~k~~
. d.:~~.".,EIVf.:D
APR 0.7 2005
Cl V&LER~
Zip Co~~
d3 5P r-::.J
Zip Code
~h~
ORRAY BEACH
."OC'.A
*****
mr
1993
2001
.u .e#1
2. HomeAddress:A/ (J~~ ~Lv..f)
3. Legal Residence:
S~/
State
~
4. Principal Business Address:
5. Home Phone:
E-Mail Address:
~
State
cW
Zip Code
3'EY~
City
/;2 gC-/d-'~
Business Phone:
Cell Phone:
Fax:
d 7.2 t:J 650 J-7;l gC;/.:1-
6. A1:e you a registered voter?
7. What Board(s) are you interested' serving? Please list in order of preference: I C
If so, where are you registered?
...
8. List all City Boards on which you are currendy se
~
to. List any related 'professional_certifications and licenses which you hold: /6- ~ .~ ~
E ~ _/ (7?J
~ ~ ~.:1tt.../.~J
. 12 Describe experiences, skills or knowledge whiCh qmlify you to serve on this board: lease attach a brief resume
'.~ - . X a..-.L~.
I~~ ~/~ ~ s€. GL.S4
~ IStttV~ . -~ ~~M, ~ ~
I hereby certify that all the above statements are e, and I agree and understand that any misstatement of material facts
con~ a:zc:e fotfci_ upon my part of any appomttn:: i:: ):::- . ,_
'";NAWRE . DATE" p t::,..... J...., ~ f .
~
11. Give your present, or most recent employer, and position:
L
Note: This application will remain on file in the City Clerk's Office for a period of 2 years froo:J,\t;h~ <U,t i
submitted. It will be the applicant's responsibility to ensure that a current application is on file. ~.
~' ,.... nON
. . a-.
.J. ,
.{:p
DHRAY BEACH
~~~l) ~
''P~ 1 ~ 2006
,~?:;:;~~ '"'.. .. '" ~
""', , . .'..1..:\ 1. ,.:'1 f"'~~
..\ H~ .,..l;....n
<.
lifCRA
CO.IIUII" IIIIDUILO..UT ..lNeT
MEMO
To:
David Harden, City Manager
~~elt~~
From:
Diane Colonna, CRA Executive Director
Date: April 11, 2006
RE: Appointment of CRA ChairNice Chair
Florida Statutes Chapter 163.356(c) states that the governing body of a municipality is to
designate the Chairman and Vice Chairman of the CRA Board. The CRA Board appoints its
own First Vice Chairman and Treasurer.
With the recent 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
q:s:
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
Delray 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 -tfcarneyjr@hotmail.com
Leaal
David Tolces
Goren, Cherof, 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
Delray Beach, FL 33444
Office - 276-5183
Home - 498-3651
Cell- 271-1975
(No FAX or e-mail)
Revised 7.05.2005
MEMORANDUM
TO:
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER (/7'1\
AGENDA ITEM # \ C) " - REGULAR MEETING OF MAY 2.2006
ORDINANCE NO. 22-06
SUBJECT:
DATE:
APRIL 28, 2006
This ordinance is before Commission for second reading and public hearing to amend 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.
At the first reading on April 18, 2006, the Commission passed Ordinance No. 22-06.
Recommend approval of Ordinance No. 22-06 on second and final reading.
S:\City Clerk\agenda memos\Ord. No. 22-06 Lifeguard Towers 050206
D/(
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[ITY DF DElRAY BEA[H
CITY ATTORNEY'S OFFICE
,\\\ [-I .\VI.\.I [
, I Viii )'\J!
, !,\\ BEl\CfL FLORIDA 33444
. L\CSlivllLE 56l/278-4755
DELRAY BEACH
Writer's Direct Line: 561/243-7091
~
All-America City
" III! DATE:
MEMORANDUM
April 3, 2006
1993
2001
TO:
City Commission
David Harden, City Manager
~
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",
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
\&A
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
A lTEST:
City Clerk
First Reading
Second Reading
2
ORD NO. 22-06
MEMORANDUM
TO:
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM ~ '6~ - REGULAR MEETING OF MAY 2.2006
ORDINANCE NO. 23-06
SUBJECT:
DATE:
APRIL 28, 2006
This ordinance is before Commission for second reading and public hearing to amend 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.
At the first reading on April 18, 2006, the Commission passed Ordinance No. 23-06.
Recommend approval of Ordinance No. 23-06 on second and final reading.
S:\City Clerk\agenda memos\Ord. No. 23-06 Invitations to Negotiate 050206
[ITY DF DELIA' BEA[H
CITY ATTORNEY'S OFFICE
2()() l\W 1st AVENUE' DELRAY BEACH. FLORIDA 33444
TELEPHONE 561!2.n~7()lJ()' I./\CSIMILE: 561!278~4755
DELRAY BEACH
F lOR I D ^
Da:III
All-America City
Writer's Direct Line: 561/243-7091
, III I! DATE:
MEMORANDUM
April 14, 2006
1993
2001 TO:
City Commission
David Harden, 9itv Manager
~-~
Brian Shutt, Assistant City Attorney
FROM:
SUBJECT: Clarification of PurchasinQ Procedures ReQardinQ Invitations to
NeQotiate
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
01<
~
\~
ORDINANCE NO. 23-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, AMENDING CHAPTER 36,
"FINANCE; CITY PROPERTY TRANSACTIONS", OF THE CODE
OF ORDINANCES OF THE CITY OF DELRA Y BEACH, BY
AMENDING SECTION 36.01, "COMPLIANCE WITH STANDARD
PRACTICE INSTRUCTIONS", TO PROVIDE THAT INVITATIONS
TO NEGOTIATE ARE EXEMPT FROM THE REQUIREMENTS OF
CHAPTER 36; PROVIDING A GENERAL REPEALER CLAUSE, A
SA VI NG 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 (iD 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.
lli1 Invitations to NeQotiate. 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 NeQotiate are not
subiect to the competitive bid reQuirements of this Chapter. unless reQuired bY State law.
(B) The City Manager or his designee shall have the authority to execute on behalf of
the City, all purchase orders, contracts, change orders, service authorizations or modifications
thereto when a public hearing, or approval, review, selection or award by the Commission is not
requested by this Chapter.
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.
MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER D1'1
AGENDA ITEM # \ O~ - REGULAR MEETING OF MAY 2.2006
ORDINANCE NO. 24-06
TO:
SUBJECT:
DATE:
APRIL 28, 2006
This ordinance is before Commission for second reading and public hearing to amend 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.
At the first reading on April 18, 2006, the Commission passed Ordinance No. 24-06.
Recommend approval of Ordinance No. 24-06 on second and final reading.
S:\City Clerk\agenda memos\Ord. No. 24-06 Chapter 35 Lump Sum Distrib 050206
LEWIS, LONGMAN &WALKER, P.A
ATTORNEYS AT LAW
~!\.
DV]
J ELPING 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 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
fmancial 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 ~401(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 ~ 401(a)(31) do apply to state or
local government plans, including defined benefit plans established under S 401(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 32301
(850) 222-5702
Fax: (850) 224-9242
West Palm Beach
] 700 Palm Beach Lakes Blvd.
Suite 1000
West Palm Beach, FL 33401
(56]) 640-0820 \ ""\ (\
Fax: (561) 640-8202 ~
April 14, 2006
Page 2
administrator must set up an IRA m 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
4-19-06
ORDINANCE NO. 24-06
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING CHAPTER 35, "EMPLOYEE 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; A VALIDITY
CLAUSE; AND 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 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 equivalent 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 uoon the written request of a member or
designated beneficiary.
...
...
...
(0) LumD-Sum Distributions in Excess of $1000. Notwithstanding any orovision 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 request 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
MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # ,aD - REGULAR MEETING OF MAY 2,2006
ORDINANCE NO. 25-06
TO:
SUBJECT:
DATE:
APRIL 28, 2006
This ordinance is before Commission for second reading and public hearing to amend 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.
At the first reading on April 18, 2006, the Commission passed Ordinance No. 25-06.
Recommend approval of Ordinance No. 25-06 on second and final reading.
S:\City Clerk\agenda memos\Ord. No. 25-06 Chapter 33 Police Fire Lump Sum Distrib 050206
LEWIS, LONGMAN &WALKER, P.A
ATTORNEYS AT LAW
0.1\
m/f
, ELPING SHAPE
FLORIDA'5 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 ~401(a)(31)(B). Sections 411(a)(1l) 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 ~ 401(a)(31) do apply to state or
local government plans, including defined benefit plans established under ~ 401(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
1700 Palm Beach Lakes Blvd.
Suite 1000
West Palm Beach, FL 33401
(561) 640-0820 \ -"""\ f'\.
Fax: (561) 640-8202 cJ.--4.j
April 14, 2006
Page 2
administrator must set up an IRA m 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.
JWL/es
Attachments
4-19-06
Draft 4
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; A SAVINGS CLAUSE;
AND 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 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
4-19-06
Draft 4
(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
of the 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:
ill) Lump-Sum Distributions in Excess of $1000, Notwithstanding any provision of the
Svstem 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 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
4-19-06
Draft 4
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
ArrEST:
City Clerk
First Reading
Second Reading
3
~
FROM:
DAVID T. HARDEN, CITY MANAGER
PAUL DORLlNG, DIRECTOR OF PLAN~NG AND Z~~ING >>1.,),.. 'M~
ESTELlO BRETO, SENIOR PLANNER~~~
-f--
TO:
THRU:
SUBJECT: MEETING OF MAY 2,2006
PRIVATELY INITIATED REZONING FROM A (AGRICULTURAL) TO R-1-AAA
(SINGLE FAMILY RESIDENTIAL) FOR THE GERMANTOWN ROAD
SUBDIVISION, LOCATED ON THE SOUTH SIDE OF OLD GERMANTOWN
ROAD (3426 OLD GERMANTOWN ROAD).
The 2.48 acre site has an Agricultural Zoning designation and contains: a one-story 5,976 sq. ft.
single family residence, built in 1967, and a one-story 938 sq. single family residence, built in
1950. The applicant has requested the rezoning for the purpose of subdividing the property into
four (4) separate lots that will meet the required dimensions of the R-1-AAA District for future
development of four single family residences. Additional background and an analysis of the
request are found in the attached Planning and Zoning Board Staff Report.
J .. .
PlANNI.NG A.ND.ZONINGBOARD' CONSIDERAtiON
:,1
At its meeting of April 17, 2006, the Planning and Zoning Board held a public hearing in
conjunction with this Rezoning request. During the Public Hearing, five residents from the
Rabbit Hollowe and Verona Woods subdivisions had questions concerning: environmental uses
regarding potential contamination of the soil and water table by historic nursery uses, future
rezoning requests that may seek to increase density, and access concerns from Old
Germantown Road. After reviewing the staff report and discussing the proposal, the Board
unanimously voted 7-0 to recommend approval of the Rezoning request by adopting the
findings of fact and law contained in the staff report, and finding that the requests and approval
thereof are consistent with the Comprehensive Plan and meet criteria set forth in Section
2.4.5(0)(5), Section 3.1.1 (Required Findings) and Section 3.2.2 (Standards for Rezoning
Actions) of the Land Development Regulations.
. . .~ECOMMENDED ACTION.
1
By motion, approve on first reading Ordinance No. 26-06 for Rezoning from A (Agricultural) to
R-1-AAA (Single Family Residential) for the Germantown Road 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
2.4.5(0)(5), Section 3.1.1 (Required Findings) and Section 3.2.2 (Standards for Rezoning
Actions) of the Land Development Regulations.
Attachments:
· Ordinance No. 26-06
· April 17, 2006 Planning & Zoning Staff Report
l~
ORDINANCE NO. 26-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED A (AGRICULTURAL) DISTRICT TO R-l-AAA
(SINGLE FAMILY RESIDENTIAL); SAID LAND BEING A PARCEL
LOCATED AT THE SOUTHEAST CORNER OF OLD
GERMANTOWN ROAD AND RABBIT HOLLO WE DRIVE, AS
MORE PARTICULARLY DESCRIBED HEREIN; AMENDING
"ZONING MAP OF DELRA Y BEACH, FLORIDA, MARCH 2006";
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTNE DATE.
WHEREAS, the property hereinafter described is shown on the Zoning District Map of the
City of Delray Beach, Florida, dated March 2006, as being zoned A (Agricultural) District; and
WHEREAS, at its meeting of April 17, 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 property hereinafter described be rezoned, based upon positive findings; and
WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the changes are consistent with and
furthers the objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan; and
WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach,
Florida, be amended to reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1, That the recitations set forth above are incorporated herein.
Section 2. That the Zoning District Map of the City of Delray Beach, Florida, be, and the
same is hereby amended to reflect a zoning classification of R-l-AAA (Single Family Residential)
District for the following described property:
A tract ofland lying in the NE Y4 of Section 25, Township 46 South, Range 42 East, in Palm
Beach County, Florida, being more particularly described as follows: That portion of the
East 221.23 feet of the SE Y4 of the NE Y4 of the NE Y4 of said Section 25 lying South of
Germantown Road and the East 221.23 feet of the North 323.90 feet of the NE Y4 of the SE
Y4 of the NE Y4 of said Section 25.
Section 3. That the Planning and Zoning Director of the said City shall, upon the effective
date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with
the provisions of Section 2 hereof.
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 5. That should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the
part declared to be invalid.
Section 6. That this ordinance shall become effective immediately upon passage on second
and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the _
day of , 200_.
ATTEST
MAYOR
City Clerk
First Reading
Second Reading
2
ORD NO. 26-06
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH
---STAFF REPORT---
April 17, 2006
IV.C.
A privately sponsored rezoning involving a tract of land lying in the NE ~ of
Section 25, Township 46 South, Range 42 East, in Palm Beach County, Florida,
being more particularly described as follows: That portion of the East 221.23 feet
of the SE ~ of the NE ~ of the NE ~ of said Section 25 lying South of
Germantown Road and the East 221.23 feet of the North 323.90 feet of the NE ~
of the SE ~ of the NE ~ of said Section 25. The rezoning request is from
Agricultural (A) to R-1-MA (Single Family Residential). (Quasi-Judicial Hearing).
BOULEVARD
MEETING DATE:
AGENDA ITEM:
ITEM:
GENERAL DATA:
Owner............................. Bruce D. Cuttler & Hollie A. Cuttler
AgentlApplicant.............. Weiner & Aronson, PA I Bruce D.
Cuttler & Hollie A. Cuttler
Location......... .... ............. 3426 Old Germantown Road
Property Size.................. 2.84 Acres
Future Land Use Map..... LD (Low Density Residential)
Current Zoning........,...... A (Agricultural)
Adjacent Zoning....North: RM-8 (Multiple Family Residential,
Medium Density 8 du/ac)
East: R-1-MA (Single Family Residential)
South: R-1-MA (Single Family Residential)
West: R-1-MA (Single Family Residential)
Existing Land Use.......... Two Single Family Residences
Proposed Land Use........ Applicant proposes to subdivide the
land into 4 parcels tor 4 single tamily
homes
Water Service................. Water service is available via
service lateral connections to an
existing 8" water main within Rabbit
Hollow right-ot-way and a 12" water
main within Old Germantown Road
right-ot-way.
Sewer Service................ Sewer service is available via service
lateral connections to an existing Litt
Station located within Rabbit Hollow
Drive.
~
CALABRIA. WA. V
CJl0
IV.C.
The action before the Board is that of making a recommendation to the City Commission on a
privately initiated rezoning of a tract of land lying in the NE ~ of Section 25, Township 46 South,
Range 42 East, in Palm Beach County, Florida, being more particularly described as follows:
That portion of the East 221.23 feet of the SE ~ of the NE ~ of the NE ~ of said Section 25
lying South of Germantown Road and the East 221.23 feet of the North 323.90 feet of the NE ~
of the SE ~ of the NE ~ of said Section 25. The privately initiated rezoning area is located
along the south side of Old Germantown Road (3426 Old Germantown Road). The change in
zoning is from A (Agricultural) to R-1-AAA (Single Family Residential) with the purpose of
subdividing the property into four (4) separate parcels to allow four single family residences.
Pursuant to Land Development Regulations (LOR) Section 2.2.2(E) (6), the Local Planning
Agency (Planning and Zoning Board) shall review and make a recommendation to the City
Commission with respect to a FLUM amendment and Rezoning of any property within the City.
The 2.48 acre site has an Agricultural Zoning designation and contains: a one-story 5,976 sq. ft.
single family residence, built in 1967, and a one-story 938 sq. single family residence, built in
1950. The applicant has requested the rezoning for the purpose of subdividing the property
into four (4) separate lots that will meet the required dimensions of the R-1-AAA District for
future development of four single family residences. The proposed rezoning request is now
before the Board for action.
REQUIRED FINDINGS:
Pursuant to LOR Section 3.1.1, prior to the approval of development applications, certain
findings must be made in a form which is part of the official record. This may be
achieved through information on the application, the staff report, or minutes. Findings
shall be made by the body which has the authority to approve or deny the development
application. These findings relate to the Future Land Use Map, Concurrency,
Comprehensive Plan Consistency and Compliance with the Land Development
Regulations.
o Future Land Use Map: The resulting use of land or structures must be allowed in the
zoning district within which the land is situated and said zoning must be consistent
with the applicable land use designation as shown on the Future Land Use Map.
The proposed zoning designation of R-1-AAA (Single Family Residential) is consistent with
the existing Low Density 0-5 du/ac (LD) FLUM designation, and single family residences are
allowed as a permitted use within the R-1-AAA zoning district. Based on the above, positive
findings can be made with respect to FLUM consistency.
o Concurrency: 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
IV. C.
Planning and Zoning Board Staff Report: Meeting of 04/17/06
Germantown Road Subdivision - Rezoning from A to R-1-MA
of, needed capital improvements in order to maintain the levels of Service Standards
established in Table CI-GOP-1 of the adopted Comprehensive Plan of the City of
Delray Beach.
The proposal involves amending the zoning designation from Agricultural (A) to R-1-MA
(Single Family Residential) on a 2.48 acres parcel. Concurrency findings with respect to
Parks and Recreation, Solid Waste, Streets and Traffic, Schools, and Water and Sewer are
discussed below:
Parks and Open Space:
The City provides 127 acres of activity based recreation facilities such as tennis, baseball,
basket ball, soft ball and other similar sports. An additional 247 acres are considered
resource based activities such as beaches and lakes for swimming, boating picnicking,
hiking, and other activities excluding golf courses. Within recreation areas, amenities and
facilities are provided to meet the demand for leisure opportunities for all segments of the
community. The City of Delray Beach provides a ratio of eight (8) acres of park and
recreational facilities per 1,000 people while the current national ratio is 3 acres of park and
recreational facilities per 1,000 people. This indicates that the City far exceeds the national
standards and will have sufficient recreation facilities to accommodate the impact of 6
additional persons from the four proposed single family residences [(2.7 persons x 4 lots =
10.8) - (5.4 generated by existing two lots)].
Solid Waste: The solid waste currently generated by the two existing single family
residences is 3.98 tons per year (2 units x 1.99 tons/unit = 3.98 tons. The proposed four
single family homes will generate 7.96 tons per year (4 units x 1.99 tons/unit = 7.96). The
total waste generated will be increased by 3.98 tons per year (7.96 - 3.98 = 3.98 tonsl
year). The Solid Waste Authority has indicated that its facilities have sufficient capacity to
handle all development proposals until the year 2021.
Streets and Traffic:
The subject property is accessible from Germantown Road. The Germantown Subdivision
(aka Cuttler property) is an existing community (two single family homes) that generates 20
ADT (Average Daily Trips) and complies with the Traffic Performance Standards in Article
12 of the Palm Beach County land Development Code. The proposed four single family
units will generate 40 ADT (Average Daily Trips). Adequate capacity exists on Germantown
Road to accommodate the additional traffic generated from the proposed use. Based upon
the above a positive finding with respect to traffic concurrency can be made. [Note: 10 ADT
per single family, 7 ADT per multifamily].
Schools: A letter has been received indicating that the Palm Beach County School District
has approved the request for concurrency to accommodate four single family residences on
the subject property.
Water and Sewer: Water service is available via service lateral connections to an existing
8" water main within Rabbit Hollow right-of-way and a 12" water main within Old
Germantown Road right-of-way. One (1) fire hydrant presently exists on the southwest side
of the property. Sewer service is available via access to a lift station located within Rabbit
Hollow Drive. Pursuant to the Comprehensive Plan, treatment capacity is available at the
City's Water Treatment Plant and the South Central County Waste Water Treatment Plant
2
IV.C.
Planning and Zoning Board Staff Report: Meeting of 04/17/06
Germantown Road Subdivision - Rezoning from A to R-1-MA
for the City at build-out. Based upon the above, positive findings can be made with respect
to this level of service standard.
o Consistency: Compliance with the performance standards set forth in LOR Section
3.2.2, along with the required findings in LOR Section 2.4.5(O} (5), shall be the basis
upon which a finding of overall consistency is to be made. Other objectives and
policies found in the adopted Comprehensive Plan may be used in making a finding
of overall consistency.
(A)The most restrictive residential zoning district that is applicable given existing
development patterns and typical lot sizes shall be applied to those areas identified as
"stable" and "stabilization" on the Residential Neighborhood Categorization Map.
Requests for rezoning to a different zoning designation, other than Community Facilities,
Open Space, Open Space and Recreation, or Conservation shall be denied.
(B) Rezoning to AC (Automotive Commercial) to accbmmodate auto dealerships shall not
be permitted west of 1-95.
(C) Zoning changes that would result in strip commercial development shall be avoided.
Where strip commercial developments or zoning currently exists along an arterial street,
consideration should be given to increasing the depth of the commercial zoning in order
to provide for better project design.
(D) That the rezoning shall result in allowing land uses which are deemed compatible with
adjacent and nearby land use both existing and proposed; or that if an incompatibility
may occur, that sufficient regulations exist to properly mitigate adverse impacts from the
new use.
(E) Remaining, isolated infill lots within the coastal planning area shall be developed under
zoning which is identical or similar to the zoning of adjacent properties; and, the
resulting development shall be of a design and intensity which is similar to the adjacent
development.
LOR Section 3.2.2: Standards e, C and . E are not applicable. The applicable
performance standard of LOR Section 3.2.2 are as follows:
(A) The most restrictive residential zoning district that is applicable given existing
development patterns and typical lot sizes shall be applied to those areas identified as
"stable" and "stabilization" on the Residential Neighborhood Categorization Map.
Requests for rezoning to a different zoning designation, other than Community Facilities,
Open Space, Open Space and Recreation, or Conservation shall be denied.
The subject property is classified in the Residential Neighborhood Categorization Map of the
Comprehensive Plan as an STB (Stable) neighborhood. The neighborhood has no apparent
signs of physical or property value decline and no significant improvements are currently
needed. Thus, given the existing development patterns to the east, west, and south of the
subject property, it appears appropriate to apply a zoning designation of R-1-AM as the
most restrictive residential zoning in terms of similar intensity.
3
IV.C.
Planning and Zoning Board Staff Report: Meeting of 04/17/06
Germantown Road Subdivision - Rezoning from A to R-1-MA
(O) That the rezoning shall result in allowing land uses which are deemed compatible with
adjacent and nearby land use both existing and proposed; or that if an incompatibility
may occur, that sufficient regulations exist to properly mitigate adverse impacts from the
new use.
The following table identifies the zoning designations and uses that are adjacent to the
subject property:
Zonina: Use:
North Multiple Family Residential- Medium Density (RM-8) Highland Grove States Townhouse
Development
South Single Family Residential (R-1-AAA) Verona Woods Subdivision
East Single Family Residential (R-1-AAA) Verona Woods Subdivision
West Sinole Familv Residential (R-1-AAA) Rabbit Hollowe Subdivision
As noted in the above table, the surrounding properties are zoned either R-1-AAA or RM-8,
Given the prevailing land use patterns it appears appropriate to modify the zoning from
Agricultural (A) to R-1-AAA (Single Family Residential). Therefore, the proposed rezoning
of the subject property from Agricultural (A) to R-1-AAA (Single Family Residential) poses
no incompatibilities with the surrounding properties. The proposal to build four single family
residences will be consistent with adjacent land use patterns. Based upon the above,
positive findings with regard to lOR Section 3.2.2(0) could be made.
LOR Section 2.4.5(0) (5) - RezoninQ Findings:
Pursuant to lOR Section 2.4.5(0) (5), in addition to provisions of Chapter Three, the City
Commission must make a finding that the rezoning fulfills one of the reasons for which the
rezoning change is being sought. These reasons include the following:
(a) That the zoning had previously been changed, or was originally established, in error;
(b) That there has been a change in circumstances which make the current zoning
inappropriate; or
(c) That the requested zoning is of similar intensity as allowed under the Future land Use
Map and that it is more appropriate for the property based upon circumstances
particular to the site and/or neighborhood.
The following is an excerpt from the applicant's justification statement:
HThere has been a change in circumstances which make the current zoning of
agriculture inappropriate. In fact, the property is surrounded by R-1-AAA zoning. The
rezoning of this portion of the quadrant would greatly assist in finalizing a single family
residential zoning district south of Old Germantown Road". Clearly an R-1-AAA zoning
designation would be more complimentary to the surrounding residential properties.
Additionally, the requested R-1-AAA zoning is of similar intensity as allowed under the
Future Land Use Map. The Future Land Use Map designation of LD (Low Density
Residential) is consistent with the R-1-AAA zoning district.
4
IV.C.
Planning and Zoning Board Staff Report: Meeting of 04/17/06
Germantown Road Subdivision - Rezoning from A to R-1-MA
The Agriculture (A) Zone District provides a means to allow existing agricultural uses to
continue and be expanded upon as permitted uses within the City. The (A) designation may
also be affixed to properties at the time of annexation, in which case, the designation shall
serve as a holding zone. The land use designation matrix in the Comprehensive Plan and the
intent of the Agricultural District in the land Development Regulations both clearly state that the
Agricultural Designation may often be used as a holding zone for all Future land Use Map
designations except for the Rural Residential designation where it is permanent zoning. Given
the current use of the property for residential development and not agricultural use, good urban
planning dictates that the zoning on the property should be consistent with the prevailing land
use pattern in the area and the agricultural holding zone be eliminated. Thus, it would appear
appropriate and complimentary to adjacent land uses to change the existing Agricultural zoning
to R-1-AAA (Single Family Residential).
According to the applicant, the basis for which the rezoning is being sought relates to reasons
(b) and (c). Staff agrees ~ilh the applicant that the change in circumstances, in relation to the
prevailing land use patterns to the east and west, appears to indicate that it is more appropriate
to modify the zoning of the subject property to R-1-AAA.
If consideration is given to modify the zoning designation, then a designation consistent with the
prevailing Future land Use Map designation of low Density Residential (lD) to the east and
west should be given. The existing FlUM (lD) and proposed zoning (R-1-AAA) designations
are of identical intensity as the surrounding properties. Further, the zoning is appropriate for
the subject property as it will further Objective A-1 of the Future land Use Element of the
Comprehensive Plan which clearly states that property shall be redeveloped in the manner so
that the use and intensity is appropriate and complimentary to adjacent land uses and fulfills the
remaining land use needs. Thus, the request fulfills the necessary rezoning findings as per
lOR Section 2.4.5(0) (5).
COMPREHENSIVE PLAN POLICIES: A review of the objectives and policies of the
adopted Comprehensive Plan was conducted and the following applicable objectives
and policies are noted:
Future Land Use Element Obiective A-1: Property shall be developed or redeveloped in a
manner so that the future use and intensity is appropriate and complies in terms of soil,
topographic, and other applicable physical considerations, is complimentary to adjacent
land uses, and fulfills remaining land use needs.
The Germantown Road Subdivision (AKA Cuttler property) contains two single family units.
Under the lD (low Density Residential) FLUM designation, a range of 0 to 5 du/ac is allowed.
The requested zoning designation of R-1-AAA is compatible with the adjacent development
patterns and would be similar to properties to the east and west (Rabbit Hollowe and Verona
Woods Subdivisions). The property immediately to the north across Germantown Road, is
currently designated RM (Multiple Family Residential) with a zoning designation of RM-8 and
has been approved for the Highland Grove States Townhouse Development.
Housinq Element Obiective B-2: Redevelopment and the development of new land shall
result in the provision of a variety of housing types which shall continue to
accommodate the diverse makeup of the City's demographic profile, and meet the
housing needs identified in this Element. Policies, which will implement this objective,
include:
5
IV.C.
Planning and Zoning Board Staff Report: Meeting of 04/17/06
Germantown Road Subdivision - Rezoning from A to R-1-AAA
Housing Policy A-12.3: In evaluating proposals for new development or redevelopment,
the City shall consiCler 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 R-1-AAA zoning of the subject property will aid in the
development and stability of the area since the use and intensity is appropriate and
complimentary to adjacent land uses.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
Future redevelopment of the 2.48 acre parcel of land can occur in accordance with the City's
Land Development Regulations. During the building permit process, the development proposal
will be reviewed for compliance with the LDRs. The applicant has indicated an intent to develop
the subject property with four single family residential units. At this time, no issues can be
identified which would prohibit compliance with the requirements of the R-1-AAA zoning district.
Given the above, a positive finding with respect to compliance with the Land Development
Regulations can be assumed.
The subject properties are not in an area that requires review by the Community
Redevelopment Agency (CRA) or Downtown Development Authority (DDA).
Courtesy Notices:
Special courtesy notices were provided to the following homeowners and civic associations:
o Neighborhood Advisory Council
o Carolyn Zimmerman, President's Council
o Gerry Franciosa, Progressive Residents of Delray (P.R.O.D.)
o Rabbit Hollowe HOA
o Verona Woods HOA
o Oakmont HOA
o Spanish Wells HOA
o Crosswinds HOA
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the subject
property. Letters of support or objection, if any, will be presented at the Planning and Zoning
Board meeting.
The proposed rezoning from Agricultural (A) to R-1-AAA (Single Family Residential) is
consistent with the goals, objectives and/or policies of the Comprehensive Plan, and LOR
Sections 2.4.5(0) (5), 3.1.1 and 3.2.2(0). Positive findings can be made with respect to
6
IV.C.
Planning and Zoning Board Staff Report: Meeting of 04/17/06
Germantown Road Subdivision - Rezoning from A to R-1-MA
Concurrency and Compatibility with the surrounding land uses. The rezoning will allow
development of four'"' single family residential units. Based upon the above, the proposed
rezoning should be recommended for approval.
A. Continue with direction.
B. Move a recommendation of approval to the City Commission of a privately sponsored
rezoning involving a tract of land lying in the NE ~ of Section 25, Township 46 South,
Range 42 East, in Palm Beach County, Florida, being more particularly described as
follows: That portion of the East 221.23 feet of the SE ~ of the NE ~ of the NE ~ of said
Section 25 lying South of Germantown Road and the East 221.23 feet of the North 323.90
feet of the NE % of the SE % of the NE ~ of said Section 25, from Agricultural District (A) to
R-1-AAA (Single Family Residential), by adopting the findings of fact and law contained in
the staff report, and finding that the request and approval thereof is consistent with the
Comprehensive Plan and meets the criteria set forth in Sections 2.4.5(0) (5), 3.1.1 and
3.2.2 of the Land Development Regulations.
C. Move a recommendation of denial to the City Commission of a privately sponsored rezoning
involving a tract of land lying in the NE % of Section 25, Township 46 South, Range 42
East, in Palm Beach County, Florida, being more particularly described as follows: That
portion of the East 221.23 feet of the SE ~ of the NE ~ of the NE ~ of said Section 25 lying
South of Germantown Road and the East 221.23 feet of the North 323.90 feet of the NE ~
of the SE ~ of the NE % of said Section 25, from Agricultural District (A) to R-1-AAA (Single
Family Residential), by adopting the findings of fact and law contained in the staff report,
and finding that the request and approval thereof is inconsistent with the Comprehensive
Plan and does not meet the criteria set forth in Sections 2.4.5(0) (5), 3.1.1 and 3.2.2 of the
Land Development Regulations.
Move a recommendation of approval to the City Commission for a privately sponsored rezoning
of a tract of land lying in the NE % of Section 25. Township 46 South, Range 42 East, in Palm
Beach County, Florida, being more particularly described as follows: That portion of the East
221.23 feet of the SE % of the NE % of the NE % of said Section 25 lying South of Germantown
Road and the East 221.23 feet of the North 323.90 feet of the NE ~ of the SE ~ of the NE ~ of
said Section 25, from Agricultural District (A) to R-1-AAA (Single Family Residential), by
adopting the findings of fact and law contained in the staff report, and finding that the request
and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth
in Sections 2.4.5(0) (5), 3.1.1 and 3.2.2 of the Land Development Regulations.
Attachments: Location Map
Staff Report Prepared by: Estelio Breto, Senior Planner
7
IV.C.
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CUTLER PROPERTY
- REZONING-
CITY OF DELRA Y BEACH. FL
PLANNING'" ZONING DEPARTMENT
FROM: A (AGRICULTURAL) TO: R-l-AAA (SINGLE FAMilY RESIDENTIAL)
-- DIGITAL BASE MAP SYSTEM --
MAP REF: LJ..l924
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TO:
FROM:
DAVID T. HARDEN, CITY MANAGER
PAUL DORLlNG, DIRECTOR OF PLANNING & ZONING M~fi1~ ;I--
SUBJECT: MEETING OF MAY 2, 2006 - REGULAR AGENDA
CONSIDERATION OF A CITY-INITIATED AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS SECTION 2.4.6(E), SECTION 4.6.19 AND
APPENDIX A (DEFINITIONS), RELATING TO DESIGNATION AND PROTECTION
OF "HISTORIC TREES".
The item before the City Commission is approval of a City-initiated amendment to the Land
Development Regulations to address the designation and protection of "Historic Trees" throughout
the City.
This amendment is a City initiated LOR change that is in response to recent concerns with the
removal of substantial trees during new development and redevelopment. The proposed
modifications to LOR Section 2.4.6 (E) will add language that clarifies that it is unlawful to remove
any tree that is four inches or more in diameter (4/12 feet above the ground) in any zone district or
on any property, including single family uses, without a tree removal permit. Currently, this
requirement applies to single family, multifamily and non-residential development. Since there has
been some confusion as to whether it has applied to single family uses, language specifically
referencing single family uses is being added. The amendment will also add historic trees in the
above category.
The amendment would also give additional protection to historic trees and all trees measuring 4
inches in diameter in all zone districts during the construction process by including a prohibition on
placing materials (i.e. fill, building materials or machinery) within six feet of the tree. In addition,
appropriate protective barriers are required to be erected around all trees which are to be' preserved
during development except for single family homes. The amendment, at the suggestion of the
Planning and Zoning Board, also recommends a penalty of $500.00 for the removal of a historic tree
without a permit. The ordinance outlines the process of designating trees as historic and includes a
requirement for a recommendation by the Historic Preservation Board before the matter is presented
to City Commission for approval. A list of champion trees in Florida is attached.
The Planning and Zoning Board held a public hearing on this request on April 17, 2006. After
presentation from Planning Staff the Board had a long discussion. The Board felt the penalty for the
removal of historic trees was too lenient, that the requirement for tree removal permits on single
family lots was too onerous, particularly for older homes where there are no landscape plans of
record, and felt the list of exempted species was not broad enough. After significant discussion,
the Board voted 4 to 3 to recommend approval of the amendment to the Land Development
Regulations by adopting the findings of fact and law contained in the staff report and finding that the
request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of
the Land Development Regulations.
'~5
City Commission Meeting of May 2, 2006
Amendment to LDR Section 2.4.6(E), LDR Section 4.6.19, and Appendix A
Approve the City-initiated amendments to LDR Section 2.4.6 (E), Section 4.6.19 and Appendix A
(Definitions), relating to the designation and protection of "Historic Trees", by adopting the findings of
fact and law contained in the staff report and finding that the request is consistent with the
Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development
Regulations.
Attachments:
. Proposed Ordinance
. Planning & Zoning Staff Report of April 17, 2006
. List of champion trees in Florida
[IT' DF DElRAY BEA[H
CITY ATTORNEY'S OFFICE
!I! '\\\ i \\1\1
i i i I I()\l ~l';
" ! RAY BEACH. FLORIDA 33444
i' L\CSIMILE: 561/278-4755
Writer's Direct Line: 561/243-7090
DELRAY BEACH
F LOR I D ^
Da:d
All-America City
, III I! DATE:
TO:
MEMORANDUM
April 20, 2006
1993
2001
City Commission
David T. Harden, City Manager
.~
FROM:
Terrill Barton, Assistant City Attorney
SUBJECT: Historic Tree Ordinance
Attached please find an ordinance proposing to provide for the designation and
protection of historic trees and providing a penalty of $500.00 for any historic tree
removed without a permit.
Please place this ordinance on the next available City Commission agenda.
Thank you.
TCB:smk
Attachment
ORDINANCE NO. 27-06
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,
FLORIDA, AMENDING APPENDIX "A" TO PROVIDE A DEFINITION
FOR "HISTORIC TREE"; BY AMENDING CHAPTER TWO,
"ADMINISTRATIVE PROVISIONS", SECTION 2.4.6(E), "TREE
REMOVAL PERMIT" IN ORDER TO INCLUDE HISTORIC TREES
AMONG THOSE THAT ARE UNLAWFUL TO REMOVE AND TO
CLARIFY THAT A PERMIT FOR REMOVAL IS REQUIRED FOR ALL
ZONING DISTRICTS INCLUDING SINGLE FAMILY, TO REQUIRE
THAT AN APPROVED SITE/LANDSCAPE PLAN OF RECORD BE
SUBMITTED WHERE APPLICABLE SHOWING THE LOCATION OF
TREES IN RELATION TO ALL NEW DEVELOPMENT AND TO
PROVIDE A PENALTY FOR REMOVING A HISTORIC TREE
WITHOUT A PERMIT; AMENDING CHAPTER FOUR, "ZONING
REGULATIONS", SECTION 4.6.19, "TREE PROTECTION", IN ORDER
TO PROVIDE FOR THE DESIGNATION AND PROTECTION OF
HISTORIC TREES; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach, Florida, has the authority to protect
the public health, safety and welfare of its citizens; and
WHEREAS, the City Commission of the City of Delray Beach, Florida, has determined it to be in
the public's best interest to establish regulations to provide for the protection of historic trees; and
WHEREAS, the regulation of aesthetics has long been recognized as advancing the public welfare;
and
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed
text amendment at a public hearing held on April 17, 2006 and voted 4 to 3 to recommend that the changes
be approved.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA AS FOLLOWS:
Section 1. That Appendix "A" of the Land Development Regulations be, and the same is
hereby amended to read:
HISTORIC TREE: A tree that has been identified bv a Developer on a site/landscape plan that
has special significance because it has achieved at least fifty percent (50%) of the points of the
champion of the species for each respective type of tree as referenced on the American Forests
website. "National Register of Big Trees". Total Points shall be measured by adding the trunk
circumference (inches) + height (feet) + 1;4 average crown spread (feet).
Section 2. That Section 2.4.6(E), "Tree Removal Permit, shall be and the same IS hereby
amended to read as follows:
(E) Tree Removal Permit:
(1) Rule: It shall be unlawful for any person, without first obtaining a permit, to remove
or cause to be removed or effectively remove through damaging any tree in any zoning district
including single family districts with a diameter of four inches or more, the diameter being
measured 4 - 1/2 feet above the ground and/or any historic tree.
Further, it shall be unlawful for any licensed tree surgeon or service company or
general contractor to remove any tree covered by these provisions without a permit. Upon the third
violation of the terms and provisions of this Section by such person or firm, the City Commission
may, after investigation by the Chief Building Official revoke or suspend the City occupational
license of such person or firm.
(2) Required Information: An application form, and attendant fee, shall be completed
and delivered to the Chief Building Official, or his designee. The application form shall be as
promulgated by the Chief Building Official. In addition, the following must be provided:
(a) Location of proposed driveways and other planned areas or structures on the
site;
(b) The location of all trees subject to permit with identification as to type, trunk
diameter, height, and species;
(c) Designation of all diseased trees and any trees endangering any roadway,
pavement, and/or utility lines;
(d) Designation of any trees proposed to be removed from the site, relocated on
the site, and retained in their present location~
(e) Any proposed grade changes which might adversely affect or endanger any
trees on the site with specification as to how to maintain such endangered
trees: and
(D A copy of the approved site plan/landscape plan of record, where one was
required. showing approved new development and/or re- development in
relation to all existing historic trees and/or trees on the site with a four inch
2
ORD. NO. 27-06
(4") or greater trunk diameter measured four and one half (4 ~) feet above
grade.
(3) Procedure: Upon acceptance of the application, the Chief Building Official shall
cause the site to be visited and a report made which provides the status of trees in excess of four
inches in diameter at 4-112 feet above the ground. The report shall identify what measures must be
taken with respect to tree protection and removal (4.6.19) and erosion control (4.6.17).
The report shall identify those trees which may be removed because of the following
situations:
(a) The tree is located in the buildable area or yard area where a structure or
improvements are to be placed and it unreasonably restricts the permitted use
of the property; and, the tree cannot be relocated on the site because of its
condition, size, type, or age;
(b) The tree is diseased, injured, in danger of falling, being too close to existing
or proposed structures, or it interferes with utility services or creates unsafe
vision clearance.
(4) Imposition of Conditions: The report shall also set forth mitigation of adverse
impacts associated with removal or relocation as provided for in the following:
(a) The relocation of the tree which is to be removed to a suitable location on the
site.
(b) The replacement of the tree which is to be removed with a tree somewhere
within the site; said replacement tree to be of a type that will attain, normally,
an overall minimum height of at least 20 feet and shall be a minimum of eight
feet (8') in height when planted, if available.
(c) Compliance with provisions of 4.6.19.
(5) Issuance of Permit.
(a) Normal Issuance: Upon acceptance of the report by the Chief Building
Official, a permit shall be issued. The permit shall require compliance with
the report, a copy of which shall be provided with the permit. The permit
shall be valid for a period of 180 days.
(b) Emergency Issuance: In the event that any tree shall be determined to be
hazardous or in a condition so as to endanger the public health or safety, and
require removal without delay, verbal authorization may be given by the
Chief Building Official and the tree removed without obtaining a written
3
ORD. NO. 27-06
permit as herein required. The authorization shall be followed up with
issuance of a permit, as verbally authorized, within twenty-four (24) hours.
(6) Penalty for Removin!! a Historic Tree without a Permit: The penalty for
removing a historic tree without a permit shall be five hundred dollars ($500.00).
Section 3. That Chapter Four, "Zoning Regulations", Section 4.6.19, "Tree Protection", be and
the same is hereby amended to read as follows:
Sec. 4.6.19. TREE PROTECTION.
(A) ~ Protection from Construction: It shall be unlawful for any person in
the construction of any structures or other improvements to place material, machinery or temporary
soil deposits within six feet of any historic tree and/or any tree having a four inch (4") or greater
trunk diameter measured four and one-half feet (4 Y2') above grade.
fB:) ill Method: During construction, a builder shall be required to erect suitable
protective barriers around all trees which are to be preserved. Also, during construction, no
attachments or wires other than protective guy wires shall be attached to any tree.
EG) ill Exceptions: Specifically exempt from tfti.s Section 4.6.19(A)(1) are trees and
shrub vegetation on the property of single family homes, on the property of licensed tree nurseries,
and on the easements of public utilities, and the following species of tree:
fB ill Schinus Terebinthinfolius (Brazilian Pepper, Florida Holly)
~ Dll Metopium Toxiferum (Poison Wood)
~ ~ Melaleuca Leucadendron (Melaleuca)
(B) Protection of Historic Trees: All development proposals shall protect existing trees
on the site by the method described above in Section 4.6.19(A)(1) and shall illustrate on the
site/landscape plan all new development in relation to all existing historic trees and/or trees on the
site with a four inch (4") or greater trunk diameter measured four and one half (4 Y2) feet above
grade.
Section 4. That should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence, clause or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part hereof other than the part
declared invalid.
Section 5.
hereby repealed.
That all ordinances or parts of ordinances in conflict herewith be, and the same are
4
ORD. NO. 27-06
Section 6.
reading.
That this ordinance shall become effective upon its passage on second and final
PASSED AND ADOPTED in regular session on second and final reading on this the
day of , 2006.
ATTEST:
City Clerk
MAYOR
First Reading
Second Reading
5
ORD. NO. 27-06
MEETING DATE: APRIL 17, 2006
AGENDA NO.: IV. H.
AGENDA ITEM: CONSIDERATION OF A CITY-INITIATED AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS SECTION 2.4.6(E), SECTION 4.6.19
AND APPENDIX A (DEFINITIONS), RELATING TO DESIGNATION AND
PROTECTION OF "HISTORIC TREES".
The item before the Board is that of making a recommendation to the City Commission
regarding a City-initiated amendment to the Land Development Regulations to address the
designation and protection of "Historic Trees" throughout the City.
Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may
not be made until a recommendation is obtained from the Planning and Zoning Board.
This amendment is a City initiated LOR change that is in response to recent concerns with the
removal of substantial trees during new development and redevelopment.
The proposed modifications to LOR Section 2.4.6 (E) will add language that clarifies that it is
unlawful to remove any tree that is four inches or more in diameter (4/12 feet above the
ground) in any zone district or on any property including single family uses without a tree
removal permit. Currently, this requirement applies to single family, multifamily and non-
residential development. Since there has been some confusion as to whether it has applied to
single family uses, language specifically referencing single family uses is being added. The
amendment will also add historic trees in the above category.
The amendment would also give additional protection to historic trees and all trees with 4 inch
diameter in all zone districts during the construction process, by including a prohibition on
placing materials i.e. fill, building materials or machinery within six feet of the tree. In addition,
appropriate protective barriers are required to be erected around the all trees which are to be
preserved during development except for single family homes. The amendment, at the
suggestion of the Planning and Zoning Board also recommends a penalty of $500.00 for the
removal of a historic tree without a permit.
The ordinance outlines the process of designating trees as historic and includes a requirement
for a recommendation by the Historic Preservation Board before the matter is presented to City
Commission for approval.
IV.H.
Historic Preservation Board Memorandum Staff Report, April 17. 2006
Amendment to LDRs Pertaining to Historic Trees
"
REQUIRED FINDINGS
.."
LOR Section 2.4.5(M)(5) (Findinqs): Pursuant to LOR Section 2.4.5(M){5) (Findings), in
addition to LOR Section 1.1.6(A), the City Commission must make a finding that the text
amendment is consistent with and furthers the Goals, Objectives and Policies of the
Comprehensive Plan.
A review of the objectives and policies of the adopted Comprehensive Plan was conducted and
the following applicable Objective and Policies were noted:
Conservation Element Obiective 8-2
Programs of education and regulation shall be implemented to increase public awareness and
provide for the protection of flora and fauna. Regulatory measures shall ensure the protection,
preservation, conservation, and appropriate use and protection of fisheries, wildlife and marine
habitats which serve as habitat for endangered and threatened plant and animal species.
Conservation Element Policy 8-2.2
Whenever and wherever significant or sensitive flora and fauna communities are identified,
plans shall be required to preserve the habitat to the extent feasible, or provide for mitigation if
preservation is infeasible or inappropriate.
Conservation Element Policy 8-2.3
A tree permit shall be necessary to remove or destroy any tree which has a diameter of four
inches or greater.
All of these referenced components of the Conservation element center around the protection
of vegetative communities including specimen trees. This amendment will promote the
identification of significant and important flora resources and provide some oversight and
additional protection. Given this, the LDR amendment furthers this objective and these policies.
Therefore, based on the above, a positive finding can be made that the amendment is
consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive.
Courtesy Notices:
Courtesy notices were provided to the following homeowner and civic associations:
· Progressive Residents of Delray (PROD)
· President's Council
Letters of objection and support, if any, will be provided at the Historic Preservation Board
meeting.
The purpose of this City-initiated LDR text amendment is to enhance the protection of
substantial flora within the City limits. The proposed amendment is consistent with and furthers
the Goals, Objectives and Policies of the Comprehensive Plan.
2
Historic Preservation Board Memorandum Staff Report, April 17 , 2006
Amendment to LDRs Pertaining to Historic Trees
Recommend approval of the City-initiated amendments to LDR Section 2.4.6 (E), Section
4.6.19 and Appendix A (Definitions), relating to the designation and protection of "Historic
Trees", by adopting the findings of fact and law contained in the staff report and finding that the
request is consistent with the Comprehensive Plan and meets criteria set forth in Section
2.4.5(M) of the Land Development Regulations.
Attachment:
· Proposed Ordinance
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FROM:
SUBJECT:
DAVID T. HARDEN, CITY MANAGER
PAUL DORLlNG, DIRECTOR OF PLANtNG AND ZONING 7JI..J.---;U~ r
SCOTT PAPE, SENIOR PLANNER /~ ~ r-
MEETING OF MAY 2,2006
PRIVATELY INITIATED AMENDMENT TO LAND DEVELOPMENT REGULATION
(LDR) SECTION 4.3.3(ZZ) [SPECIAL REQUIREMENTS FOR SPECIFIC USES] AND
SECTION 4.3.4(H)(4) [STRUCTURES ALLOWED IN SETBACKS] TO ALLOW
PERMANENTLY INSTALLED GENERATORS WITHIN REQUIRED SETBACKS AND
PROVIDING SPECIFIC REGULATIONS FOR THE LOCATION, OPERATION, AND
BUFFERING OF PERMANENT GENERATORS.
As a result of the last several hurricane seasons and resulting power outages, the City has experienced
increasing demand for permanently installed generators. Permanent generators are secured to the
ground and provide uninterrupted electrical power backup to residences and commercial businesses.
They generally have underground or surface fuel storage tanks and can be connected to natural gas
lines if they are available. The LDRs do not specifically allow generators within the required setbacks.
The generators, considered akin to air conditioners, along with other structures allowed in setbacks (like
pump houses, planter walls, and steps/platforms) have been allowed within the required setbacks when
limited to a maximum of 3 feet in height. It is noted that the newer generator models are up to 4.5 feet
high, partially due to increased sound attenuation improvements, and as such are in conflict with this
previous provision. On March 2, 2006, the Planning and Zoning Department received a privately initiated
text amendment from Personalized Air Conditioning & Electrical, Inc. to clarify the requirements and
allow these larger generators (up to 4.5 feet) within the required setbacks. During review, additional
modifications, suggested by staff and agreed to by the applicant, have been added which delineate
specific requirements that address the location, operation, and buffering of permanent generators.
Pursuant to LDR Section 2.4.5(M)(1), amendments to the Land Development Regulations may be
initiated by the City Commission, Planning and Zoning Board or City Administration; or an individual may
request an amendment. Pursuant to Land Development Regulation Section 2.4.5(M)(5), approval of an
LDR amendment must be based upon a finding that the amendment is consistent with and furthers the
Goals, Objectives, and Policies of the Comprehensive Plan. The proposed amendment is a privately
initiated text amendment to the Land Development Regulations and would be applicable citywide. Based
on the separation and buffer requirements, a positive finding can be made that the Land Development
Regulation text amendment is consistent with and furthers the Goals, Objectives, and Policies of the
Comprehensive Plan. Additional background and a detailed analysis is provided in the attached
Planning and Zoning Board staff report.
The Planning and Zoning Board held a public hearing regarding this item at its meeting of April 17, 2006.
There was no public testimony regarding the proposed amendment. After discussing the amendment,
the Board unanimously voted 7-0 to recommend to the City Commission approval of the proposed
amendment to add Land Development Regulation Section 4.3.3(ZZ)[Special Requirements for Specific
Uses] and Section 4.3.4(H)(4)(k) to allow permanent generators in required setbacks, based upon
positive findings with respect to LDR Section 2.4.5(M).
l ~e..
City Commission Documentation
LOR Amendment - Permanently Installed Generators in Required Setbacks
Page 2
By motion, approve on first reading the ordinance to add LOR Section 4.3.3(ZZ) [Special Requirements
for Specific Uses - Permanently Installed Generators] and to add LOR Section 4.3.4(H)(4)(k) to allow
permanent generators in required setbacks, by adopting the findings of fact and law contained in the Staff
Report and finding that the request is consistent with the Comprehensive Plan and meets the criteria set
forth in LOR Section 2.4.5(M)(5).
Attachment:
Planning and Zoning Memorandum Staff Report of April 17, 2006
Proposed Ordinance No. 28-06
ORDINANCE NO. 28-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRA Y
BEACH, FLORIDA, BY AMENDING SECTION 4.3.3, "SPECIAL
REQUIREMENTS FOR SPECIFIC USES", BY ENACTING A
NEW SUBSECTION 4.3.3(ZZ), "PERMANENTLY INSTALLED
GENERATORS", TO PROVIDE FOR THE REGULATION OF
PERMANENTLY INSTALLED GENERATORS; AND BY
AMENDING SECTION 4.3.4(H)(4), "STRUCTURES ALLOWED
IN SETBACKS", TO ALLOW FOR PERMANENTLY INSTALLED
GENERATORS; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the
proposed text amendment at a public hearing held on April 17, 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 does
further the goals, objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA AS FOLLOWS:
Section 1. That Chapter 4, "Zoning Regulations", Section 4.3.3, "Special Requirements
for Specific uses", Section 4.3.3(ZZ), "Permanently Installed Generators", of the Land
Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby
enacted to read as follows:
4.3.3 Special Requirements for Specific Uses
(ZZ) Permanently Installed Generators: The following standards shall apply to all permanently
installed generators:
(1) Generators are prohibited in the front yard and side street setbacks.
(2) Generators and accessory above ground facilities, such as fuel tanks, are to be
screened from view from adjacent properties or rights-of-way by a wall or hedge
equal to the height of the generator at the time of installation.
(3) Generators may be operated for exercising purposes one time per week, excluding
Sundays, for a period not exceeding 30 minutes between the hours of 10:00 a.m. to
6:00 p.m.
(4) A maximum of one generator is allowed per single family, duplex, or townhouse
residential dwelling unit except for multiple family, which is allowed one generator
per multiple family structure. Non-residential uses are allowed one generator per
tenant.
(5) Generators are setback a minimum of three feet from the side interior property line
in the R-1-A, R-1-AB and R-1-MB Single Family Residential zoning districts,
conventionally sited homes in the Planned Residential District, Mobile Home District,
and Old School Square Historic Arts District and five feet from the side interior
property line (development perimeter for townhouses) in all other zoning districts.
(6) Generators are setback a minimum of five feet from the rear property line in all
zoning districts.
Section 2. That Chapter 4, "Zoning Regulations", Section 4.3.4, "Base District
Development Standards", Subsection (H), "Setbacks", Paragraph (4), "Structures Allowed in
Setbacks", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the
same is hereby amended to read as follows:
Section 4.3.4 Base District Development Standards
(4) Structures Allowed in Setbacks: The following structures are allowed in required
setbacks pursuant to stipulations contained herein.
(a) Barbecue pits, not to exceed six feet by six feet.
(b) Fences and walls pursuant to Section 4.6.5.
(c) Fish or lily ponds, not to exceed a depth of 24 inches.
(d) House eaves, not to exceed a three-foot overhang.
(e) Lot line walls not to exceed six feet in height.
(f) Planter walls, not to exceed three feet in height.
(g) Pump houses, not to exceed three feet in height.
2
ORD NO. 28-06
(h) Rock gardens.
(i) Swimming pools in conformance with provisions of Section 4.6.15.
U) Air conditioner units, transformers.
(k) Permanently installed Qenerators. not to exceed a heiqht of 4.5 feet subiect to the
provisions of LOR Section 4.3.3(ZZ).
(I) Steps and platforms for the principal building but not to exceed three (3) feet in
height.
(m) Trellises which may extend to no more than five (5) feet from the side of the
principal building or extend more than two (2) feet from the front or rear of the
principal building.
(n) Boat slips, whether attached or detached, which shall not be built closer than ten
(10) feet from any abutting property line, and which shall not occupy more than
twenty percent (20%) of the total lot area.
(0) Canopies, marquees, and covered walkways may extend within front and side
setback areas in commercial zone districts.
Section 3. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, clause or word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the remainder hereof as a whole or part hereof
other than the part declared invalid.
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 5. That this ordinance shall become effective upon its passage on second and
final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of , 2006.
ATTEST:
City Clerk
MAYOR
First Reading
Second Reading
3
ORD NO. 28-06
PL:ANNIN
MEETING DATE:
APRIL 17, 2006
IV.D.
AGENDA NO.:
AGENDA ITEM:
PRIVATELY INITIATED AMENDMENT TO LAND DEVELOPMENT
REGULATION (LOR) SECTION 4.3.3(ZZ) [SPECIAL REQUIREMENTS
FOR SPECIFIC USES] AND SECTION 4.3.4(H)(4) [STRUCTURES
ALLOWED IN SETBACKS] TO ALLOW PERMANENTLY INSTALLED
GENERATORS WITHIN REQUIRED SETBACKS AND PROVIDING
SPECIFIC REGULATIONS FOR THE LOCATION, OPERATION, AND
BUFFERING OF PERMANENT GENERATORS.
The item before the Board is that of making a recommendation to the City Commission
regarding a privately initiated text amendment to LDR Section 4.3.3(ZZ) [Requirements for
Specific Uses] and Section 4.3.4(H)(4) [Structures Allowed in Setbacks]. The amendment is to
allow permanently installed generators up to 4.5 feet high within the required setbacks. The
proposed text amendment also provides specific requirements regarding the location restrictions
and operations of permanently installed generators.
Pursuant to Section 1.1.6(A), an amendment to the Land Development Regulations may not be
made until a recommendation is obtained from the Planning and Zoning Board.
Following the last several hurricane seasons and resulting power outages, the City has
experienced increasing demand for permanently installed generators. Permanent generators
are secured to the ground and provide uninterrupted electrical power backup to residences and
commercial businesses. They generally have underground or surface fuel storage tanks and
can be connected to natural gas lines if they are available. The LDRs do not specifically allow
generators within the required setbacks. The generators, considered akin to air conditioners
and other structures allowed in setbacks, like pump houses, planter walls, and steps/platforms,
have been limited to a maximum 3 feet in height. It is noted that the newer generator models
are up to 4.5 feet high, partially due to increased sound attenuation improvements, and as such
are in conflict with this previous provision. On March 2, 2006, the Planning and Zoning
Department received a privately initiated text amendment from Personalized Air Conditioning &
Electrical, Inc. to clarify the requirements and allow these larger generators (up to 4.5 feet)
within the required setbacks. During review, additional modifications, suggested by staff and
agreed to by the applicant, have been added which delineate specific requirements that address
the location, operation, and buffering of permanent generators.
Pursuant to LDR Section 2.4.5(M)(1), amendments to the Land Development Regulations may
be initiated by the City Commission, Planning and Zoning Board or City Administration; or an
individual may request an amendment. The proposed amendment is a privately initiated text
amendment to the Land Development Regulations and would be applicable citywide.
Planning and Zoning Board Staff Report, April 17, 2006
LDR Text Amendment - Permanent Generators
The following is an excerpt from a justification narrative submitted by the applicant:
". .. We are proposing this amendment to accommodate the newer style generators which
are slightly taller than previous models. This extra height is to allow for additional sound
attenuation material located inside the units themselves, allowing the units to run at a reduced
decibel output. "
As noted previously, the proposed LDR text amendment is pertinent to all zoning categories
within the City. The text amendment would allow permanently installed generators up to 4.5
feet high within the required setbacks. The generators would be prohibited within the front and
side street setbacks. The generators and any accessory facilities such as above ground fuel
tanks would be required to be screened from view by a wall or hedge equal to the height of the
equipment. It is noted that these generators need to be "exercised" to maintain peak
operational status. The proposed text amendment limits the testing of this equipment to once
per week for 30 minutes between the hours of 10:00 a.m. and 6:00 p.m. and prohibits testing on
Sundays. This restriction is consistent with the requirements in unincorporated portions of the
County. The text amendment also limits the number of generators to one per single family,
duplex or townhouse dwelling unit. Multiple family. structures, such as condominiums or
apartments, would be limited to one generator per structure. Non-residential uses are allowed
one generator per tenant. A minimum setback of 5 feet from the side interior property line is
proposed in all zoning districts, except the R-1-A, R-1-AB and R-1-AAB single family residential
zoning districts, conventionally sited homes in the Planned Residential District, Mobile Home
zoning district, and Old School Square District, where a minimum setback of 3 feet is proposed.
The purpose for this reduced setback is to provide adequate area to install a generator given
the 7.5 to 8.5 foot required side interior setback in these zoning districts. The proposed rear
setback in all zoning districts is 5 feet from the rear property line.
It is noted that this proposed text amendment is closely tailored to a similar amendment recently
adopted by Palm Beach County.
LOR Section 2.4.5(MH5) (Findinas): Pursuant to LOR Section 2.4.5(M)(5) (Findings), in
addition to LOR Section 1.1.6(A), the City Commission must make a finding that the text
amendment is consistent with and furthers the Goals, Objectives and Policies of the
Comprehensive Plan.
Comprehensive Plan Policies:
The goals, objectives and policies of the Comprehensive Plan were reviewed and there are no
applicable goals, objectives or policies noted. While the amendment does not specifically
further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with
them.
The proposed text amendment was not reviewed by the CRA (Community Redevelopment
Agency) or DDA (Downtown Development Authority). Further, special courtesy notices were
2
Planning and Zoning Board Staff Report, April 17, 2006
LOR Text Amendment - Permanent Generators
not transmitted to homeowner or civic associations given the minor nature of the proposed text
amendment.
Letters of objection and support, if any, will be presented at the Planning and Zoning Board
meeting.
The City's has experienced numerous requests for permanent generators for new and existing
residences and businesses. The proposed text amendment addresses the location of these
facilities within required setbacks. Further, the proposed text amendment provides specific
requirements that address the location, operation, and buffering of permanent generators. A
positive finding can be made with respect to LOR Section 2.4.5(M)(5).
A. Postpone with direction.
B. Move a recommendation of approval to the City Commission for the text amendment to add
LOR Section 4.3.3(ZZ) [Special Requirements for Specific Uses - Permanently Installed
Generators] and to add LOR Section 4.3.4(H)(4)(k) to allow permanent generators in required
setbacks, by adopting the findings of fact and law contained in the Staff Report and finding
that the request is consistent with the Comprehensive Plan and meets the criteria set forth in
LOR Section 2.4.5(M)(5).
C. Move a recommendation of denial to the City Commission of the request to add LOR
Section 4.3.3(ZZ) [Special Requirements for Specific Uses - Permanently Installed
Generators] and to add LOR Section 4.3.4(H)(4)(k) to allow permanent generators in
required setbacks, based on a failure to make positive findings as the request is inconsistent
with the Comprehensive Plan and does not meet the criteria set forth in LOR Section
2.4.5(M)(5).
Move a recommendation of approval to the City Commission for the text amendment to add LOR
Section 4.3.3(ZZ) [Special Requirements for Specific Uses - Permanently Installed Generators]
and to add LOR Section 4.3.4(H)(4)(k) to allow permanent generators in required setbacks, by
adopting the findings of fact and law contained in the Staff Report and finding that the request is
consistent with the Comprehensive Plan and meets the criteria set forth in LOR Section
2.4.5(M)(5).
Attachments:
. Proposed Amendment
. Applicant's Justification Statement
3
Planning and Zoning Board Staff Report, April 17, 2006
LDR Text Amendment - Permanent Generators
PROPOSED LOR AMENDMENTS TO SPECIAL REQUIREMENTS FOR SPECIFIC USES
AND STRUCTURES ALLOWED IN SETBACKS
LAND DEVELOPMENT REGULATION SECTION 4.3.3
(ZZ) Permanently Installed Generators: The followinq standards shall applv to all
permanentlv installed qenerators:
1) Generators are prohibited in the front yard and side street setbacks.
2) Generators and accessory above qround facilities. such as fuel tanks. are
to be screened from view from adiacent properties or riqhts-of-wav bv a
wall or hedqe equal to the heiqht of the qenerator at the time of
installation.
3) Generators may be operated for exercisinq purposes one time per week,
excludinq Sundays. for a period not exceedinq 30 minutes between the
hours of 10:00 a.m. to 6:00 p.m.
4) A maximum of one qenerator is allowed per sinqle familv. duplex. or
townhouse residential dwellinq unit except for multiple familv. which is
allowed one qenerator per multiple familv structure. Non-residential uses
are allowed one qenerator per tenant.
5) Generators are setback a minimum of three feet from the side interior
property line in the R-1-A, R-1-AB and R-1-AAB Sinqle Familv Residential
zoninq districts, conventionallv sited homes in the Planned Residential
District. Mobile Home District. and Old School Square Historic Arts
District and five feet from the side interior property line (development
perimeter for townhouses) in all other zoninq districts.
6) Generators are setback a minimum of five feet from the rear property line
in all zoninq districts.
LAND DEVELOPMENT REGULATION SECTION 4.3.4
(4) Structures Allowed in Setbacks: The following structures are allowed in
required setbacks pursuant to stipulations contained herein.
(k) Permanentlv installed qenerators. not to exceed a heiqht of 4.5-feet
subiect to the provisions of LDR Section 4.3.3(ZZ).
(k 1) Steps and platforms for the principal building but not to exceed three (3)
feet in height.
4
Planning and Zoning Board Staff Report, April 17, 2006
LDR Text Amendment - Permanent Generators
o m) Trellises which may extend to no more than five (5) feet from the side of
the principal building or extend more than two (2) feet from the front or
rear of the principal building.
(m n) Boat slips, whether attached or detached, which shall not be built closer
than ten (10) feet from any abutting property line, and which shall not
occupy more than twenty percent (20%) of the total lot area.
(R Q) Canopies, marquees, and covered walkways may extend within front and
side setback areas in commercial zone districts.
5
~ ~ Personalized
..[..l- Air Conditioning, inc.
~(3 & Electrical Services
159 NW 11th STREET' BOCA RATON, FLORIDA 33432
BOCA RATON (561) 391.8190' BOYNTON BEACH (561) 732.0885
BROWARD (954) 746.8888' FAX (561) 391-1882
www.personaJizedair.com
ESTABLISHED 1970
SALES. SERVICE & INSTALLATION
INDOOR AIR QUALITY SPECIALISTS
MASTER ELECTRICIANS
Personalized Power Systems
Robert Glidewell
March 1, 2006
City of Delray Beach
Dept. of Planning and Zoning
Paul Dorling
100 NW 1st Ave
Delray Beach FL 33444
Re: Amendment to Section 4.3.4 (H) (4)
Mr. Dorling:
I am enclosing a proposed amendment to land development regulations (LOR)
ordinance. This is a privately initiated LOR amendment to Section 4.3.4 (H) (4)
relating to generator installation. We are proposing this amendment to
accommodate the newer style generators which are slightly taller than previous
models. This extra height is to allow for additional sound attenuation material
located inside the units themselves, allowing the units to run at a reduced
decibel output.
If you have any questions please do not hesitate to contact myself at (561) 239-
1340 or my associate, Matt Spradley at (561) 239-1878. Thank you for your
consideration as we look forward to working with you on this matter.
~Jv~~
Robert Glidewell
*. /.0:-.;( dl !tx~[~/,-!/:;t
enc: as stated..-. ;/ '--- V'
RECEIVFD
MA.R O~2006
PLANNING & ZONING
Member of: Chamber of Commerce
CITY COMMISSION DOCUMENTATION
OK
011
I
FROM:
DAVID T. HARDEN, CITY MANAGER
7YltJ.-'A4~
~~K ~/P80Ne=L~~G DIRECTOR OF PLANNING & ZONING
~OGGA'riD,QrB~PLANNER
MEETING OF MAY 2,2006 - REGULAR AGENDA
CONSIDERATION OF A CITY-INITIATED AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS SECTION 4.3.4 (K) TO CLARIFY SETBACKS
FOR STRUCTURES IN RESIDENTIAL DISTRICTS.
TO:
THRU:
SUBJECT:
ITEM BEFORE THE BOARD
The item before the City Commission is approval of a City-initiated amendment to the Land
Development Regulations Section 4.3.4(K), "Development Standards Matrix," clarifying setbacks for
structures in residential zoning districts.
PROPOSED LDR AMENDMENT
The increased setbacks currently required for 3-story multi-family structures in the RM (Multiple
Family Residential - Medium Density) and PRO (Planned Residential Development) zoning districts
is to mitigate the visual impact of the additional building mass on surrounding properties. As
currently written, there is some confusion as to whether the increased setbacks apply to the entire
structure or the third story component only. A building that is only one or two stories in front and 3
stories in the rear does not have the same impact at the front property line as one which is entirely 3
stories high. Similarly, a townhouse structure with 3-story middle units and 2-story end units will
have less impact at the side property lines than one which is entirely 3 stories high. The proposed
amendment is to clarify this difference and apply the increased setback for 3-story buildings only to
those portions of the building which are actually 3 stories in height.
PLANNING AND ZONING BOARD CONSIDERATION
The Planning and Zoning Board held a public hearing on this request on April 17, 2006. After
presentation from Planning Staff, the Board voted 7 to 0 to recommend to the City Commission
approval of the amendment to Land Development Regulations Section 4.3.4 (K), Development
Standard Matrix, by adopting the findings of fact and law contained in the staff report and finding that
the request is consistent with the Comprehensive Plan and meets criteria set forth in Section
2.4.5(M) of the Land Development Regulations.
RECOMMENDED ACTION
Approve the amendment to Land Development Regulations Section 4.3.4 (K), Development
Standard Matrix, by adopting the findings of fact and law contained in the staff report and finding that
the request is consistent with the Comprehensive Plan and meets criteria set forth in Section
2.4.5(M) of the Land Development Regulations.
Attachment:
· Proposed Ordinance
. Planning & Zoning Staff Report of April 17. 2006
\~.D
ORDINANCE NO. 29-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRA Y BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES, BY AMENDING SECTION 4.3.4, "BASE
DISTRICT DEVELOPMENT STANDARDS", SUBSECTION
4.3.4(K), "DEVELOPMENT STANDARDS MATRIX", TO
CLARIFY THE SETBACK FOR THE THIRD STORY OF A
THREE STORY BUILDING IN RESIDENTIAL ZONING
DISTRICTS; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the
proposed text amendment at a public hearing held on April 17, 2006 and voted 7 to 0 to
recommend that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the change is consistent with and
furthers the goals, objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That Section 4.3.4 "Base District Development Standards", Subsection
4.3.4(K) "Development Standards Matrix" of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as
follows:
Section 4.3.4 Base District Development Standards
4.3.4(K) Development Standards Matrix: The following matrices set forth the
minimum and maximum development standards for each zoning district subject to descriptions,
interpretations, and exceptions as provided for elsewhere in Section 4.3.4,
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ORD, NO. 29-06
Section 3. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder hereof as a whole or part thereof other
than the part declared to be invalid.
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 5. That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
_ day of ,2006.
ATTEST
MAYOR
City Clerk
First Reading
Second Reading
4
ORD. NO. 29-06
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING DATE:
APRIL 17, 2006
IV.G.
AGENDA NO.:
AGENDA ITEM:
CONSIDERATION OF A CITY-INITIATED AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS SECTION 4.3.4 (K) TO CLARIFY
SETBACKS FOR STRUCTURES IN RESIDENTIAL DISTRICTS.
ITEM BEFORE THE BOARD
The item before the Board is that of making a recommendation to the City Commission
regarding a City-initiated amendment to the Land Development Regulations Section 4.3.4(K),
"Development Standards Matrix," clarifying setbacks for structures in residential zoning districts.
Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may
not be made until a recommendation is obtained from the Planning and Zoning Board.
PROPOSED LDR AMENDMENT
The City-initiated amendment to the Land Development Regulations is being processed to
clarify how setbacks are to be measured for multi-story buildings in residential zoning districts.
The following footnote has been added to the Development Standards Matrix for Residential
Zoning Districts:
(7) 1 &2/3 = 1 st & 2nd Story / 3rd Story. The setback for the 3rd story shall be
applied only to those portions of the building which are 3 stories in height, not the
entire building.
ANALYSIS
The increased setbacks for 3-story structures in residential districts is to mitigate the visual
impact of the additional building mass on surrounding properties. As currently written, there is
some confusion as to whether the increased setbacks apply to the entire structure or the third
story component only. A building that is only one or two stories in front and 3 stories in the rear
does not have the same impact at the front property line as one which is entirely 3 stories high.
Similarly, a townhouse structure with 3-story middle units and 2-story end units will have less
impact at the side property lines than one which is entirely 3 stories high. The proposed
amendment is to clarify this difference and apply the increased setback for 3-story buildings
only to those portions of the building which are actually 3 stories in height.
LDR Section 2.4.5(M)(5l (Findinasl: Pursuant to LDR Section 2.4.5(M)(5) (Findings), in
addition to LDR Section 1.1.6(A), the City Commission must make a finding that the text
amendment is consistent with and furthers the Goals, Objectives and Policies of the
Comprehensive Plan.
IV. G.
Planning and Zoning Board Memorandum Staff Report, April 17 , 2006
Amendment to LOR Section 4.3.4 (K)
The Goals, Objectives and Policies of the City's Comprehensive Plan were reviewed and no
specific goals objectives or policies were found. The amendment is corrective in nature and
while the amendment does not further any specific Goal, Policy or Objectives of the
Comprehensive Plan it is not inconsistent with them.
REVIEW BY OTHERS
Courtesv Notices:
Courtesy notices were provided to the following homeowner and civic associations:
· Progressive Residents of Delray (PROD)
· President's Council
Letters of objection and support, if any, will be provided at the Planning and Zoning Board
meeting.
ASSESSMENT AND CONCLUSION
The City-initiated amendment to LDR Section 4.3.4 (K) is corrective in nature. It is being
proposed to clear up any confusion with respect to how setbacks are to be measured for
structures in residential zoning districts. The proposed amendment is consistent with the Goals,
Objectives and Policies of the Comprehensive Plan and does not diminish them.
RECOMMENDED ACTION
Move to recommend to the City Commission approval of the amendment to Land Development
Regulations Section 4.3.4 (K), Development Standard Matrix, by adopting the findings of fact
and law contained in the staff report and finding that the request is consistent with the
Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development
Regulations.
Attachments:
. Proposed LOR Amendment - Development Standards Matrix - Residential Zoning Districts
2