07-25-06 Agenda Reg
City of Delray Beach
Regular Commission Meeting
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RULES FOR PUBLIC PARTICIPATION
Regular Meeting 6:00 p.m.
Public Hearings 7:00 p.m.
Commission Chambers
Delray Beach City Hall
1. PUBLIC COMMENT: The public is encouraged to offer comments with the
order of presentation being as follows: City Staff, public comments, Commission
discussion and official action. City Commission meetings are business meetings
and the right to limit discussion rests with the Commission. Generally, remarks
by an individual will be limited to three minutes or less. The Mayor or
presiding officer has discretion to adjust the amount of time allocated.
Tuesday. July 25. 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
DeIray 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:
. July 11, 2006 - Regular Meeting
. July 18, 2006 - Special/Workshop Meeting
6. PROCLAMATIONS:
. NONE
7. PRESENTATIONS:
A. Presentation of Ceremonial Checks from the Department of Environmental Protection,
Florida Recreation Development Assistance Program - Representative Adam Hasner
and Representative Richard Machek
B. CDBG Rehab Project for The McClenehan Family
8. CONSENT AGENDA: City Manager Recommends ApprovaL
A. FINAL BOUNDARY PLAT APPROVAL/5TH AVENUE AT DELRAY PLAT:
Approve the boundary plat for the 5'h Avenue at Delray Plat, located on the east side of
N.E. 5'" Avenue (southbound Federal Highway), between N.E. 1" Street and N.E. 2nd
Street.
B. RESOLUTION NO. 51-06: Approve Resolution No. 51-06 assessing costs for
abatement action necessary to remove junked and/or abandoned vehicles from five (5)
properties throughout the City.
C. FDOT UTILITY PERMIT & HOLD HARMLESS AGREEMENT /
ATLANTICA: Authorize the City to act as the utility permit applicant for a water
service connection within the state right-of-way for Atlantica, located north of George
Bush Boulevard, between N.E. 6'h Avenue (northbound Federal Highway) and N.E. 7'"
Avenue and approve a hold harmless agreement with the developer (LMC
Development Delray, LLC).
07-25-2006
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D. SERVICE AUTHORIZATION NO. 1.5/PGAL. INC.: Approve Service
Authorization No. 1.5 to PGAL, Inc. in the amount of $198,085.00 for basic
construction administration, post occupancy services, additional geotechnical services,
material testing services, and threshold inspection services for the Old School Square
Parking Garage Project. Funding is available from 380-4150-572-63.29 (2004 G.O.
Bond/Old School Square).
E. CONTRACT RENEWAL/URBAN DESIGN STUDIO. LLC: Approve renewal
of a consulting agreement with Urban Design Studio, LLC in the estimated annual
amount of $7,500.00 for Beach Overlay District review services. Funding is available
from 001-2511-515-31.90 (General Fund/Other Professional Services).
F. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
July 10, 2006 through July 21, 2006.
G. AWARD OF BIDS AND CONTRACTS:
1. Contract award to Chaz Equipment Company, Inc. in the amount of
$1,185,514.00 for the A-I-A Water Main Upgrade Project. Funding is available
from 442-5178-536-65.27 (Water/Sewer Renewal & Replacement Fund/Water
Main SR AlA - Atlantic Ave. to Pelican) and 442-5178-536-65.28 (Water/Sewer
Renewal & Replacement Fund/Water Main SR AlA - Casuarina Rd. to Atlantic
Ave.)
2. Purchase award to CDW-G in the amount of $46,000.00 for the purchase of
200 additional Citrix Licenses to allow the IT Department to install and update
software from a centralized point. Funding is available from 334-6112-519-
34.90 (General Construction Fund/Other Contractual Services).
3. Purchase award to Kilpatrick Company in the amount of $17,853.36 via the
expired Florida State Contract #515-630-03-1 for the purchase of one (1)
Srnithco Spray Star Model 1600p Sprayer for the Municipal Golf Course.
Funding is available from 445-4761-572-64.90 (Delray Beach Municipal Golf
Course Fund/Other Machinery/Equipment).
4. Contract award to Red Wing Shoe Store at an estimated annual cost of
$66,775.00 via the Brevard County Proposal #/Title P-2-06-19 for the purchase
of safety shoes for City Employees. Funding is available from various
departments' operating expense budgets.
5. Contract award to B.K. Marine Construction, Inc. in the amount of $36,245.00
for the City Marina and Veterans Park Dock Project. Funding is available from
551-1575-591-45.50 (Business Insurance Fund/Property Claims).
6. Contract award to Staffing Connection/Action Labor in the estimated annual
amount of $190,000.00 for a two (2) year term to provide school crossing
guards and supervisory services for the Police Department. Funding is available
from 001-2115-521-34.90 (General Fund/Other Contractual Services).
07-25-2006
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7. Contract award to Asphalt Consultants, Inc. in the amount of $1,377,027.00 for
the Countty Club Acres Infrastructure Improvements Project. Funding is
available from 334-3162-541-65.86 (General Construction Fund/ Countty Club
Acres), 441-5161-536-65.86 (Water/Sewer Fund/Countty Club Acres), and 448-
5461-538-65.86 (Stormwater Utility Fund/Countty Club Acres).
8. Contract award to Ron Bell, Inc. in the amount of $146,290.00 for the re-
roofing of the Delray Beach Police Departtnent Headquarters building which
was damaged by Hurricane Wilma. Funding is available from 551-1575-591-
45.50 (Business Insurance Fund/Property Claims)
9. REGULAR AGENDA:
A. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD
DECISION/EAGLE PARK: Consider an appeal of the Site Plan Review and
Appearance Board's conditions of approval for the Class V Site Plan and Landscape
Plan for Eagle Park. (Quasi-Judicial Hearing)
B. WAIVER REOUEST/TROPIC CAY TOWNHOMES: Consider a partial waiver
request to waive Land Development Regulations (LDR) Section 6.1.3(A), "Principles of
Design", to eliminate the required sidewalk along the west side of Frederick Boulevard
for Tropic Cay Townhomes, located at the southeast comer of Frederick Boulevard and
Fladell's Way, pursuant to LDR Section 2.4.7(B)(5), "Findings", and Section
6.1.3(D)(1)(b), "Waiver". (Quasi-Judicial Hearing)
C. WAIVER REOUEST /BANK OF AMERICA: Consider a waiver request to waive
Land Development Regulations (LDR), Section 4.6.7(F)(7), "Design Standards Matrix",
to allow Bank of America to have a flat wall sign in excess of what is allowed under the
Code. (Quasi-Judicial Hearing)
D. RETECfION OF BIDS/ROSEMONT PARK PRO]ECf: Consider rejection of
all bids received for the Rosemont Park Project due to bids signiflcandy in excess of
budgeted funding; and authorize staff to re-bid in August, 2006.
E. CM AT RISK CONTRACT /WESTERN /SENIOR COMMUNITY CENTER/
PRECONSTRUCfION SERVICES: Consider approval of the Review Committee's
rankings of the Request For Proposals (RFP's) for the Western/Senior Community
Center CM At Risk Contract and authorize staff to proceed with contract negotiations
with the top ranked firm, The Weitz Company, for the preconstruction services phase
of the Western/Senior Community Center Project.
F. REOUEST FOR OUALIFICATIONS (RFQ)/FIRE STATION #4: Consider
approval of the Review Committee's rankings of the Request For Qualifications
(RFQ's) for professional architectural consulting services for the planning and design of
a Fire/Rescue Facility to replace Fire Station #4; and authorize staff to proceed with
contract negotiations with the top ranked firm, Currie-Sowards-Aguila Architects.
07-25-2006
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G. SPECIAL EVENT REOUEST / ART & TAZZ: Consider approval and
endorsement of Art & Jazz on the Avenue scheduled for August 17,2006 from 6:00
p.m. to 10:00 p.m.; and approve the closure of Atlantic Avenue from Swinton Avenue
to N.E. 7" Avenue, S.E. 7'h Avenue from the north side of Brisca Atlantica property to
the north side of the Brisca Atlantica parking lot entrance, the alley north of Atlantic
Avenue between N.E. 2nd Avenue and Railroad Way, Railroad Way from Atlantic
Avenue to the alley just north of Atlantic Avenue, and N.E. 2nd Avenue from Atlantic
Avenue to the alley.
H. PROPOSED PALM BEACH COUNTY BED TAX INCREASE/PALM
BEACH COUNTY LEAGUE OF CITIES. INC.: Provide direction regarding the
proposed Palm Beach Countywide Bed Tax Increase from four (4) cents to five (5) cents
to finance the expansion of Convention Center parking and future expansion of the
Center.
1. PROPOSED MILLAGE RATE: Consider approval of a proposed millage rate for
FY 2007, and set the budget review and adoption schedule.
J. APPOINTMENTS TO THE EDUCATION BOARD: Appoint two (2) regular
members for two (2) year terms ending July 31, 2008 and one (1) student member for a
one (1) year term ending July 31, 2007 to the Education Board. Based upon the
rotation system, the appointments will be made by Commissioner Levinson (Seat #3),
Commissioner Ellis (Seat #1), and Commissioner Fetzer (Seat #2).
10. PUBLIC HEARINGS:
A. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD
DECISION/ROBOTIC SPACE SAVERS: Consider an appeal of the Site Plan
Review and Appearance Board's denial of the Class V Site Plan, Landscape Plan, and
Architectural Elevations associated with the construction of a 3-story self-storage
building, to be known as Robotic Space Savers, located on the southwest Comer of
Military Trail and Conklin Drive. (Quasi-Judicial Hearing)
1. ORDINANCE NO. 5-06: Annexation, Small-Scale Future Land Use Map
amendment from County LR-3 (Low Density Residential- 3 dwelling units per
acre) to City TRN (Transitional) and Rezoning from County CG/SE
(Commercial General/Special Exception to City SAD (Special Activities
District) for a 0.99 acre property, to be known as Robotic Space Savers, located
at the southwest comer of Conklin Drive and Military Trail. (Quasi-Judicial
Hearing)
B. RESOLUTION NO. 50-06: Approve Resolution No. 50-06 establishing a budget for
the Stormwater Utility System, establishing the rates for FY 2007 Stormwater
Management Assessments, and certifying and adopting the Stormwater Assessment
Roll.
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07-25-2006
C. ORDINANCE NO. 39-06: Amendment to the Land Development Regulations
(LDR) Article 4.7, "Family/Workforce Housing", Subsection 4.7.4(d), "Density Bonus
Program for the Southwest Neighborhood Overlay District, Carver Estates Overlay
District, and Infill Workforce Housing Area; Bonus Allowances", to provide the same
number of bonus units for "sale" and "rental" units; Section 4.7.7, "For Sale Housing
Units", to allow a right of first refusal to the Community Land Trust; and 4.7.9(c)(v) to
provide that the proportions of "for sale" to "for rent" units for projects that are
funded by certain State financing programs shall not need to be proportional if 20% of
the "for sale" units are workforce units.
D. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG.) ANNUAL
ACTION PLAN (FY 2006 - 2007): Consider approval of the Community
Development Block Grant (CDBG) Annual Action Plan required by the Housing &
Urban Development (HUD) Department of the United States for utilization of grant
funds.
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. 40-06: An ordinance amending Section 37.39, "Conflict of
Interest; Hearing Procedures", of the Code of Ordinances, which provides for summary
adjudication of violations if the alleged violator fails to attend the Code Enforcement
Hearing. If passed, a public hearing will be scheduled for August 15, 2006.
B. ORDINANCE NO. 41-06: An ordinance amending Chapter 32, "Departments,
Boards and Commissions", of the Code of Ordinances, Section 32.41, "Composition;
Terms; Appointment", to clarify the composition of members on the Kids and Cops
Committee. If passed, a public hearing will be scheduled for August 15, 2006.
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: .JULY 21,2006
07-25-2006
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JULY 11.2006
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, July II, 2006.
h
Roll call showed:
Present - Commissioner Rita Ellis
Commissioner Fred Fetzer
Commissioner Jon Levinson
Commissioner Brenda Montague
Mayor Jeff Perlman
Absent - None
Also present were - David T. Harden, City Manager
Susan A. Ruby, City Attorney
Chevelle D. Nubin, City Clerk
2. The opening prayer was delivered by Dr. Roger Richardson with Church
of the Palms.
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 6.A. Proclamation (for
Melissa Capone).
He stated there is additional information for Item S.C., Ratification of
Appointments to the Parkin!! Mana!!ement Advisorv Board. Also, there is a request
to continue Item 9.A., Conditional Use reQuest/Sea!!ate Beach Club to a date certain of
August 1,2006.
For the record, the City Attorney stated this is an idea she had because
staff anticipates that on August 1, 2006 they might hear additional waivers and other
arguments before the City Commission and she wants to make sure that these are
consolidated into one hearing so that everything anyone would like to talk about would
be relevant to all subjects.
Mayor Perlman stated there is also additional information for Item 9.B.,
Appeal of the Historic Preservation Board's Decision Associated with 527 North
Swinton Avenue. a revised memorandum for Item 9.1., Appointment to the Civil
Service Board. and a revised memorandum for Item 9.M., Appointments to the Public
Art Advisorv Board.
07/11/06
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; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion
passed with a 5 to 0 vote.
5.
APPROVAL OF MINUTES:
Mrs. Montague moved to approve the Minutes of the Regular Meeting of
June 20, 2006, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows:
Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr.
Fetzer - Yes. Said motion passed with a 5 to 0 vote.
6. PROCLAMATIONS:
6.A. Mayor for the Day - Melissa Capone
Mayor Perlman read and presented a proclamation hereby recognizing and
commending MELISSA CAPONE for her accomplishments and eagerness to serve her
community through active participation.
7.
PRESENTATIONS:
7.A. RESOLUTION NO. 43-06: Approve Resolution No. 43-06 Recognizing
and commending Patty Taylor for 30 years of dedicated service to the City of Delray
Beach.
The caption of Resolution No. 43-06 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, RECOGNIZING
AND COMMENDING PATRICIA P. TAYLOR FOR
THIRTY YEARS OF DEDICATED SERVICE TO THE
CITY OF DELRA Y BEACH.
office. )
(The official copy of Resolution No. 43-06 is on file in the City Clerk's
Mr. Levinson moved to approve Resolution No. 43-06, seconded by Mrs.
Ellis. Upon roll call the Commission voted as follows: Mrs. Montague - Yes; Mayor
Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes. Said motion
passed with a 5 to 0 vote.
7.B. Special Reco!!nition - Dick Sheremeta
Mayor Perlman read the award and noted this will be mailed.
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07/11/06
8.
CONSENT AGENDA: City Manager Recommends Approval.
8.A. COMBINED PRELIMINARY/FINAL SUBDIVISION PLAT
APPROV ALl DHBH #1 PLAT: Approve the subdivision plat for a 0.672 acre site to be
platted as DHBH #1 Plat, located at the northeast corner of East Atlantic Avenue and
N.E. 1st Avenue.
8.A.1. OFF SITE PARKING AGREEMENT: Approve an Off Site Parking
Agreement in association with the preliminary/final DHBH #1 Plat.
8.A.2. RESOLUTION NO. 47-06/ABANDONMENT OF RIGHT-OF-WAY:
Approve Resolution No. 47-06 abandoning a portion of an improved north-south alley
right-of-way within Block 76, Town of Linton (Delray) Plat; located north of East
Atlantic Avenue, between N.E. I st Avenue and N.E. 2nd Avenue.
The caption of Resolution No. 47-06 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
VACATING AND ABANDONING A 16' X 26'
PORTION OF AN IMPROVED NORTH-SOUTH
ALLEYWAY LYING WITHIN BLOCK 76, AS MORE
PARTICULARLY DESCRIBED HEREIN, BUT
RESERVING AND RETAINING TO THE CITY A
UTILITY EASEMENT FOR PUBLIC AND PRIVATE
UTILITIES OVER THE ENTIRE AREA THEREOF,
AS MORE PARTICULARLY DESCRIBED HEREIN.
office. )
(The official copy of Resolution No. 47-06 is on file in the City Clerk's
8.A.3. TEMPORARY ACCESS EASEMENT AGREEMENT: Approve a
Temporary Access Easement Agreement associated with the 16' x 26' portion of
improved north-south alley right-of-way within Block 76 proposed for abandonment.
8.B. RESOLUTION NO. 46-06: Approve Resolution No. 46-06 assessing
costs for abatement action required to remove nuisances on eighteen (18) properties
throughout the City.
The caption of Resolution No. 46-06 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, PURSUANT TO
CHAPTER 100 OF THE CODE OF ORDINANCES OF THE
CITY OF DELRA Y BEACH, ASSESSING COSTS FOR
ABATING NUISANCES UPON CERTAIN LAND(S)
LOCATED WITHIN THE CITY OF DELRAY BEACH AND
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07/11/06
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.
office.)
(The official copy of Resolution No. 46-06 is on file in the City Clerk's
8.C. RATIFICATION OF APPOINTMENTS TO THE PARKING
MANAGEMENT ADVISORY BOARD: Approve and ratify the appointments of Peter
Perri, West Atlantic Redevelopment Coalition (WARe) Representative, and Reginald
Cox, alternate W ARC Representative, for unexpired terms ending September 30, 2006;
Peter Arts, Community Redevelopment Agency Representative, for a two (2) year term
ending July I, 2008; and Herman Stevens, Downtown Development Authority
Representative, for an unexpired term ending August 1,2006.
8.D. SUBDIVISION IMPROVEMENT AGREEMENT/LEGACY BANK:
Approve a Subdivision Improvement Agreement between the City and Legacy Bank for
required improvements to the alley adjacent to the project as a condition of development.
8.E. REOUEST FOR SInEW ALK DEFERRAL/908 HYACINTH DRIVE:
Approve a request to defer the installation of a sidewalk in front of 908 Hyacinth Drive.
Staffrecommends approval.
8.F. CHANGE ORDER NO. 1 (CONTRACT ADDITION)/CHAZ
EOUlPMENT COMPANY. INC./S.E./N.E. 1st STREET ONE WAY PAIR
PROJECT/OLD SCHOOL SOUARE UTILITY RELOCATION: Approve Change
Order No. I (Contract Addition) to the S.E./N.E. 1st Street One Way Pair Project in the
amount of $123, I 00.00 to Chaz Equipment Company, Inc. for the installation of double
6" Florida Power & Light conduits for the conversion to underground electric lines for
Old School Square. Funding is available from 380-4150-572-63.29 (2004 G.O.
Bond/Old School Square).
8.G. CHANGE ORDER NO. 2/WEST CONSTRUCTION. INC: Approve
Change Order No.2 between the City and West Construction, Inc. in the amount of
$71,350.00 for the installation of sod and a sidewalk, which were previously removed
from the original contract, to the Machek Boy Scout Park Project. Funding is available
from 380-4150-572-63.25 (2004 G.O. Bond/Mike Machek Boy Scout Park).
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07/11/06
8.H. FDOT UTILITY PERMIT & HOLD HARMLESS AGREEMENT/
CITYSCAPE: Authorize the City to act as the utility permit applicant for a water
service connection within the state right-of-way for Cityscape, located at the northwest
corner ofN.E. 3rd Street and N.E. 5th Avenue (southbound Federal Highway) and approve
a hold harmless agreement with the developer (Cityscape PDC, LLC).
8.1. AMENDMENT NO. l/INTERLOCAL AGREEMENT/SCHOOL
BOARD OF PALM BEACH COUNTY: Approve Amendment No. I to the Interlocal
Agreement between the City and the School Board of Palm Beach County, for the
Purchase and Construction of a Soccer Complex and Joint Use of Land and Facilities, to
add the requirement of Level 2 Screening for employees and contractual personnel with
access to the School Board's facilities, to comply with the Jessica Lunsford Act.
8.J. RESOLUTION NO. 49-06/STATE HOUSING INITIATIVES
PARTNERSHIP (SHIP) LOCAL HOUSING ASSISTANCE PLAN: Approve
Resolution No. 49-06 adopting the amended Local Housing Assistance Plan for Fiscal
Years 2004-2007 pursuant to Title 67-37 ofthe Florida Administrative Code.
The caption of Resolution No. 49-06 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, ADOPTING
THE AMENDED LOCAL HOUSING ASSISTANCE
PLAN PURSUANT TO THE STATE HOUSING
INITIATWES PARTNERSHIP (SHIP) PROGRAM AS
ATTACHED HERETO; ESTABLISHING A STRATEGY
FOR THE SUB-RECIPIENT HOUSING PARTNERSHIP
PROGRAM; AUTHORIZING THE NECESSARY
CERTIFICATIONS BY THE MAYOR AND
AUTHORIZING SUBMISSION OF THE PLAN TO THE
STATE HOUSING FINANCE CORPORATION;
PROVIDING FOR AN EFFECTIVE DATE UPON
APPROVAL.
office. )
(The official copy of Resolution No. 49-06 is on file in the City Clerk's
8.1(. GRANT APPLICATION/2005 DEPARTMENT OF COMMUNITY
AFFAIRS (DCA) DISASTER RECOVERY INITIATIVE: Authorize staff to apply,
through Palm Beach County Housing and Community Development, for funding in the
amount of $3,135,500.00 under the 2005 Department of Community Affairs Disaster
Recovery Initiative.
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07/11/06
8.L. SERVICE AUTHORIZATION NO. 1.0/DIGBY BRIDGES. MARSH
AND ASSOCIATES. P.A.: Approve Service Authorization No. 1.0 to Digby Bridges,
Marsh and Associates, P.A. in the amount of $16,500.00 for professional design services
for the expansion of the Police Department's Generator Room to accommodate a new
600 KW Generator. Funding is available from 001-2115-521-62.10 (General Fund/
Buildings).
8.M. AWARD OF BIDS AND CONTRACTS:
h Approve a purchase order to Ron Bell, Inc. in the total amount of
$59,640.00 for the re-roofing of the Delray Beach Police
Department Shooting Range and Evidence Storage Building
($39,840.00) and Lift Station #100 ($19,800.00) which were
damaged by Hurricane Wilma. Funding is available from 551-
1575-591-45.50 (Business Insurance Fund/Property Claims).
2. Contract award to Rosso Paving & Drainage, Inc. in the amount of
$390,972.20 for the construction of a pavilion, tot lot playground
surface, hardscape items, landscaping, irrigation, and parking for
the Eagle Park Project. Funding is available from 380-4150-572-
63.23 (2004 G.O. BondlNeighborhood Parks).
3. Contract award to Shenandoah Construction in the amount of
$26,605.00 for the cleaning/televising of the existing drainage
pipes for the Sea Sage/Melaleuca/Oleander Stormwater Project.
Funding is available from 448-5461-538-65.35 (Stormwater Utility
Fund/Sea Sage/Melaleuca/Oleander Fund).
4. Bid award to V.P.H. Builders, Inc. in the amount of$23,500.00 for
the demolition, removal, and replacement of the Atlantic Avenue
and A-I-A beach crossover walkway and observation deck.
Funding is available from 001-4131-572-63.40 (General
Fund/Recreation Improvements).
5. Lease agreement with Ikon Office Solutions in the total amount of
$28,467.00 over a three (3) year term via the Miami-Dade Contract
#114DD11 for the lease of an Ikon-Cannon Image Runner 7095
Copier for the City Clerk's Office. Funding is available from 001-
1411-512-44.30 (General Fund/Equipment Rental Leases).
6. Bid award to multiple vendors for the purchase of road
construction materials for the City via Co-op Bid at an estimated
annual cost of $300,848.00. Funding is available from various
departments operating expense budgets and capital project
accounts.
7. Contract award to Sentry Industries, Inc. for a two (2) year period
at an estimated annual cost of $250,000.00 for the first year for the
purchase and delivery of Sodium Hypochlorite. Funding is
available from 441-5123-536-52.21 (Water/Sewer
-6-
07/11106
Fund/Chemicals).
8. Bid award to U.S. Biosystems, Inc. at an estimated annual cost of
$22,450.00 for supplemental laboratory analysis for the Water
Treatment Plant Lab. Funding is available from 441-5124-536-
34.90 (Water/Sewer Fund/Other Contractual Services).
9. Contract award to P.B. Deco Concrete in the amount of$18,250.00
for the cleaning and repair of the textured concrete at the Delray
Swim and Tennis Facility. Funding is available from 001-4215-
575-46.90 (General Fund/Other Repair/Maintenance Costs).
Mr. Levinson moved to approve the Consent Agenda as amended,
seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mayor
Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague
- Yes. Said motion passed with a 5 to 0 vote.
9.
9.A. CONDITIONAL USE REOUEST/SEAGATE BEACH CLUB:
Consider a request to allow the demolition and reconstruction of a new private beach
club, the Seagate Beach Club, with attendant recreational, dining, and related accessory
facilities, within the RM (Medium Density Residential) zoning district, located on the
east side of South Ocean Boulevard, south of Casuarina Road (400 South Ocean
Boulevard). (Quasi-Judicial Hearing)
REGULAR AGENDA:
The City Attorney stated based on a recommendation she made there has
been a request to continue the Conditional Use request for the Seagate Beach Club until
August 1,2006 so that staff can consider it with other issues that may come up on that
date.
Mrs. Ellis moved to approve to continue the Conditional Use request for
the Seagate Beach Club to a date certain of August 1, 2006, seconded by Mr. Levinson.
Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr.
Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes. Said motion passed with
a 5 to 0 vote.
9.B. APPEAL OF THE HISTORIC PRESERVATION BOARD'S
DECISION ASSOCIATED WITH 527 NORTH SWINTON AVENUE: Consider an
appeal ofthe Historic Preservation Board's decision denying a demolition permit for 527
North Swinton Avenue, located in the Del-Ida Park Historic District. (Quasi-Judicial
Hearing)
The City Attorney read into the record the City of Delray Beach
procedures for a Quasi-Judicial Hearing for this item and all subsequent quasi-judicial
items.
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07/11/06
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor Perlman asked the Commission to disclose their ex parte
communications. Mr. Levinson stated he had a meeting with the Dawsons. Mrs.
Montague stated she had a meeting with the Dawsons accompanied by Michael Weiner.
Mayor Perlman stated he met with the Dawsons and their attorney. Mrs. Ellis stated she
met with Michael Weiner. Mr. Fetzer stated he met with Michael Weiner, the Dawsons
and Scott Correale.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2006-028 into the record as well as the resume of Rick
Gonzalez of REG Architects.
Mr. Dorling stated the City Commission is considering an appeal this
evening of the Historic Preservation Board's (HPB) decision made on May 17, 2006 to
deny a Certificate of Appropriateness (COA) for a contributing property located at 527
North Swinton Avenue based on a finding that the request was inconsistent with the
Comprehensive Plan and did not meet the criteria set forth in LDR Section 4.5.l(F)(1)
and 4.5. 1 (E)(4), the Delray Beach Guidelines, and the Secretary of the Interior's
Standards for Rehabilitation.
In January, 2006, the applicant submitted a variance request and a COA
application for the demolition of the existing one-story dwelling and the construction of a
new two-story dwelling and detached two-story I-car garage with guest cottage at 527
North Swinton Avenue. The application was reviewed by the HPB on March 1,2006 at
which time the HPB postponed consideration of the demolition until further information
was submitted regarding the age and structural condition of the existing structure. On
May 17, 2006, a revised application was presented at the HPB meeting and the Board
denied the COA on the demolition (5 to 0). This item was subsequently appealed by the
applicants' attorney on May 25,2006. The action is now being appealed alleging that it
is inconsistent with the LDR's, the laws of the State of Florida, the Delray Beach Historic
Preservation Design Guidelines, and the Secretary of the Interior's Standards. Staff
recommends that the Commission deny this appeal and uphold the Historic Preservation
Board's action. Mr. Dorling stated this appeal is not about how nice or compatible a new
structure would be but is whether the decision the HPB made and the criteria they
considered to deny the demolition was appropriate.
George Diaz, Chief Building Official, briefly discussed his credentials and
entered his resume into the record. He stated on April 10, 2006 he made a
recommendation at that time that the structure was not structurally unsound where it
would have to be destroyed and rebuilt. Mr. Diaz displayed photographs of the structure
and noted staff did not have access to the interior of the home.
Warren Adams, current Acting Preservation Planner for the City of Delray
Beach, expert witness, entered his resume into the record and stated it is important to note
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07/11/06
that this house is a minimal traditional style and by its nature is very simple in design.
Mr. Adams stated the HPB found that it does not meet the criteria of the LDR's, the
Delray Beach Design Guidelines, and the Secretary of Interior's Standards. He stated the
Historic Planner explained in her report why she felt the application did not warrant
approval of demolition and the Historic Preservation Board agreed with that report. He
made reference to LDR Section 4.5.1(F)(I)(d) and emphasized that this is an example of
the minimal traditional style and it contributes to the architecture of the Del-Ida Park
Historic area.
Therefore, Mr. Adams stated because HPB found that this does not meet
the criteria of the LDR's, the Delray Beach Design Guidelines, the Secretary of Interior's
Standards, the applicants have two options which would allow them to demolish the
building if (1) that the building is in a dangerous condition, or (2) that they must prove
financial hardship in the actual alteration of the building and in order to do this a number
of financial documents would be required by the applicants and this would have to be
referred back to the HPB for their decision. Since Mr. Diaz stated the building is not in a
dangerous condition it would rule out option #1.
Rick Gonzalez. REG Architects. Inc.. 120 S. Dixie Hi!!hwav. Suite
#201. West Palm Beach. FL 33401. briefly discussed the architectural importance of the
building and submitted his resume and credentials for the record. He distributed a map to
the Commission along with photographs of the existing conditions of the house. Mr.
Gonzalez stated he concurs with comments expressed by the Chief Building Official and
noted he did a visual inspection of the house. In addition, Mr. Gonzales submitted
examples of two of the homes if they are well kept.
Michael Weiner. Attornev with Weiner & Aronson. P.A.. 102 North
Swinton Avenue. Delrav Beach (Attornev representin!! the applicant). submitted the
Exhibits and public support documentation and letters recently received (more than 50
including a letter from Randee Schatz, Historic Preservation Board member who was not
able to attend the meeting but indicated she would have supported demolition had she
been able to attend).
Robert Cohn. President of Urban Solutions. Inc. (Weston. Florida).
stated he is a Planning and Zoning consultant and has done considerable expert witness
work in planning as well as in historic preservation. He submitted a full report for the
record. Mr. Cohn stated he agrees with comments expressed by Mr. Weiner and would
like to adopt them as part of his opinion. Specifically, Mr. Cohn stated there are a few
major items he addressed that have been part of the staffs recommendation as well as the
HPB's recommendation which deals with the historic nature of this building. Mr. Cohn
stated the building is located in a historic district (Del-Ida district); however, the
particular architectural style of this existing structure is minimal traditional. However,
the Historic Preservation Guidelines adopted by the City of Delray Beach does not stress
that minimal traditional architectural style is significant to creating the history and
architecture of the Del-Ida district (specified as Mediterranean and mission revival). In
addition, there are several others that are considered important but not critical (i.e.
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07/11/06
bungalows, craftsman cottages, and framed vernacular dwellings). Mr. Cohn stated this
building is none of those and is not listed as significant in the district. Therefore, he
would question the determination that this is a historic building. Mr. Cohn stated even if
it were "historic" it would be contributory to the historic designation of Del-Ida. In his
opinion, he stated since the City has not held public hearings or given formal notice to the
client it cannot be considered contributory and the HPB could not consider it
contributory.
Mayor Perlman declared the public hearing open.
Kristen Black. speakinl! on behalf of Sandra Hoeslev who could not
attend this eveninl! and owner of a historic home located at 515 North Swinton
Avenue. read into the record a letter written by Ms. Hoesley in response to the home that
has been proposed at 527 North Swinton Avenue. Ms. Black read a second letter into the
record by Dax Olsher who lives at 530 North Swinton Avenue.
Dean Saunders. 520 North Swinton Avenue. Delrav Beach. stated he
has to physically look at this house every day and it is an eyesore. Mr. Saunders stated he
is not saying that the rules of the HPB are wrong but asked why we are saving this house
and is it something we need to save to keep this neighborhood intact.
Karen Stumpfl.l0 N.E. 6th Street. Delrav Beach (neil!hbor of Dawsons
and Correales). stated she lives directly behind the structure and noted it was fine before
the hurricane. She stated the applicants did nothing to protect the home before the
hurricane and there was significant damage. However, Ms. Stumpfl stated the applicants
did nothing to fix it except put up some boards recently only on the windows.
Keal!an Peters. 1760 Palm Cove Boulevard. Delrav Beach. read into
the record two letters in support of the demolition on behalf of two individuals from her
neighborhood who could not attend this evening.
Shelia Peters. speakinl! on behalf of Richard Conn. 109 Fern Court.
read into the record a letter written by Mr. Conn in support of the demolition.
Anthonv Black. read into the record a letter written by Cathy Robbins, of
Kidsworld of Delray, Inc. (located at 219 North Dixie Highway, Delray Beach, FL.
33444), in support of the demolition and urged the Commission to allow the Dawsons to
move forward with their plans to enhance both the Del-Ida Park and Swinton Avenue.
Mr. Black read a second letter into the record written by Tom Atkinson (lives at 17 N.E.
7'h Avenue) embraced the addition of this home and believes it would enhance the
neighborhood.
JoAnn Peart. 107 N.W. 9th Street. Delrav Beach. stated she lived in the
Del-Ida Historic District for nine years and when you buy in a historic district you know
what the rules are. She stated she moved out of the historic district because her family
grew and they needed more room. Now, Mrs. Peart stated her children are grown and the
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home is too big but she cannot turn it into a duplex just because this is what she really
needs. Mrs. Peart stated adding on to the back and keeping the original house would still
keep the rhythm and the rhyme on the street. She expressed concern that there will soon
be no historic districts left.
Lourie Albanese. 508 North Swinton Avenue. Delrav Beach. stated she
saved and restored an old home and therefore is in favor of saving old homes. However,
Ms. Albanese stated she is not in favor of what the City of Delray Beach is trying to
make the Dawsons do with this home. Ms. Albanese suggested that there be an
Architectural Review Board to study to see if this structure is worthy of saving. She
urged the Commission to let the Dawsons proceed with the demolition because they have
worked over and above to work with the city.
Paul Blanchet. 531 North Swinton Avenue. Delrav Beach. (owner of
property located at 275 Swinton Avenue & 1011 Swinton Avenue) stated he believes
this is a beautiful area; however, supports the demolition of the existing home.
Carolvn Patton. 1020 Tamarind Road. Delrav Beach. stated the City of
Delray Beach values historic preservation and feels people need to preserve our history
for future generations so they can see the fine workmanship of the past and know that our
city was not just built yesterday. She stated the house does not look its best right now
because it went through a hurricane with no protection. Ms. Patton urged the
Commission to support the neighbors by denying this appeal.
Livia Landrv. 701 North Swinton Avenue. Delrav Beach. stated she
lives in a minimal traditional style home and moved into the historic district because of
the character and because it was designated historic district and because there were
guidelines. She stated she actually looked at the home located at 527 North Swinton
Avenue which is minimal traditional (which is in the historic guidelines as an example of
one of the styles of homes we need to preserve in the historic district Del-Ida in
particular). Ms. Landry stated the home has been allowed to get the condition it is in by
neglect and noted this house did not look like this a year ago. She asked when people are
held responsible for taking pride in what they own whether they have plans to demolish,
renovate or rehabilitate it. Ms. Landry stated she is in favor of preserving the home and
entered the Historic Guidelines into the record. She stated it needs to be clarified whether
the applicants are going to reside in the home because they now own a home across the
street.
individuals:
At this point, Chevelle D. Nubin, City Clerk, swore in the following
David Rosenbom. 711 North Swinton Avenue. Delrav Beach. stated
after the hurricane he had damage too and did not file a claim to his insurance to ask for
repair because he wanted to do something new on his home. Mr. Rosenbom stated in
Del-Ida there are historical homes that need to be protected; however, for non-
contributing homes he suggested that something be done so people can actually live in
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07/11/06
their homes.
Mark Fields. 414 Seasal!e Drive #5. Delrav Beach. stated this is not
about emotion but is about the finding offact.
Linda Householder. 521 North Swinton Avenue. Delrav Beach.
supports the Dawsons and stated they are trying to sell their home because they are so
upset with everything.
Karen Preston. 1611 N.W. 2nd Avenue. Delrav Beach. stated people
who buy into a historic district take on unique responsibilities and there are additional
regulations to take into consideration and one must think of the unique character and
integrity of the area. She expressed concern over the decline of the appearance of the
home since it was purchased and supports that the district be kept with the integrity that it
is by having it be maintained as a historic district.
Liz Bold. 1104 Nassau Street. Delrav Beach. stated the Dawsons did
their due diligence in that they knew they were buying into a historic area; however, they
were told that the home was non-contributing and the rules are different. Ms. Bold stated
the Dawsons bought their home under one set of rules and eight months later were told by
the city the rules were totally different. She feels this is unfair and not what Delray
Beach is all about.
Aleida Rilev. 65 Palm SQuare. Delrav Beach. suggested that the
applicants combine the old house with a new house (not a mansion but a nice size house)
and save all ofthis conflict that is going on in the historic district.
David Hawke. 121 Heather Lane. Delrav Beach (Hawke & Associates
Architects). stated if the historic house would have been protected from the hurricanes
and the structure was taken care of there actually would have been a chance to save that
structure but because of the infiltration of water and mold the house cannot be saved. He
urged the City Commission to look at the three traditional minimal houses south of
Swinton Avenue and protect these three structures because they are in much better shape,
they are worthy of saving, and they are located next to one another.
There was no cross-examination.
The following individual gave a brief rebuttal:
Warren Adams stated the rules are not different for contributing and non-
contributing buildings. Staff does not like to see any structure demolished in a historic
area unless there is a valid reason to do so, and that it would cause financial hardship to
retain it, or that it is in such poor condition that it cannot be reused. The property was
identified as non-contributing. Secondly, it is a plain structure and may not look as fancy
as some of the other historic homes that have been saved thus is the reason it is called
minimal traditional as pointed out in the Historic Preservation Design Guidelines for
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07/11106
buildings between 1935 & 1950 of that style. Mr. Adams stated staff feels it is
appropriate to reuse the existing structure and add an addition onto the back and make the
house into something that combines the historic structure plus new construction. He
stated with the right plans and the right architect it would be feasible.
Michael Weiner made reference to the findings found by the Historic
Preservation Board (2005 & 2001) "a one-story residence listed in Del-Ida Park historic
is non-contributing as it was constructed after the period of significance which ended in
1943." He stated if the Commission wants to save the historic neighborhood cut it off at
1943 and urged the Commission to not let this roll on otherwise there will be no historic
neighborhood.
Mr. Levinson asked was this not listed as a contributing structure in the
staff report. Mr. Dorling stated the home was not originally listed as a contributing
home.
Mrs. Ellis inquired whether or not the City of Delray Beach has
regulations to protect their property during a storm or after a storm. In response, the City
Attorney stated the City of Delray Beach does not have any regulation in place. Mr.
Dorling stated it is an obligation of the owner to keep the home in good repair ifit were
severely damaged. Mrs. Ellis commented about the report regarding mold and asbestos.
Mr. Dorling stated the Chief Building Official did not have access to the house to either
verify the report. Therefore, in absence of that, Mr. Dorling stated he does not know
what the condition of the interior was.
Rick Gonzalez gave a brief statement about the mold and what can be
done as a major renovation restoration.
Mrs. Ellis commented about none of the staff having access to the inside
ofthe structure to evaluate the interior of the structure just the structure from the outside.
Mr. Levinson commented about the house being in disrepair for 4-5 years
and asked if staff has knowledge of the condition of the house prior to the hurricane. In
response, Mr. Diaz stated not that he is aware of.
Mayor Perlman inquired as to whether or not this house is listed as a
historic house or a contributing structure. Mr. Gonzalez stated it is contributing as a
minimal traditional.
Brief conversation continued between staff and the Commission.
The City Attorney briefly reviewed the Board Order with the Commission
who made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
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07/11106
Mr. Levinson moved to approve the Appeal and the Board Order as stated,
seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer -
Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - No.
Said motion passed with a 4 to 1 vote, Commissioner Ellis dissenting.
At this point, the time being 7:55 p.m., the Commission moved to the duly
advertised Public Hearings portion ofthe Agenda.
At this point, Mrs. Ellis stepped away from the dais.
10.
PUBLIC HEARINGS:
10.A. RESOLUTION NO. 45-06/CONTRACT FOR SALE AND
PURCHASE OF PROPERTY/SCHOOL BOARD OF PALM BEACH COUNTY:
Consider approval of Resolution No. 45-06 authorizing the City to purchase property
from the School Board of Palm Beach County for the construction of a soccer complex
for recreational purposes, located at 250 I Seacrest Boulevard (old Atlantic High School
Site); and Contract for Sale and Purchase between the City and the School Board of Palm
Beach County in the amount of $834,750.00.
The caption of Resolution No. 45-06 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA,
AUTHORIZING THE CITY TO PURCHASE FROM THE
SCHOOL BOARD OF PALM BEACH COUNTY
("SCHOOL BOARD") CERTAIN REAL PROPERTY IN
PALM BEACH COUNTY, FLORIDA, AS DESCRIBED
HEREIN, HEREBY INCORPORATING AND
ACCEPTING THE CONTRACT STATING THE TERMS
AND CONDITIONS FOR THE SALE AND PURCHASE
BETWEEN THE SCHOOL BOARD AND THE CITY OF
DELRA Y BEACH, FLORIDA.
office. )
(The official copy of Resolution No. 45-06 is on file in the City Clerk's
The City Attorney stated this is a resolution that approves a contract for
sale and purchase of certain acreage of land from the Palm Beach County School District
for the soccer complex in the amount of $834,750.00.
Mayor Perlman declared the public hearing open. There being no one from
the public who wished to speak in favor or in opposition of Resolution No. 45-06, the
public hearing was closed.
Mr. Levinson moved to approve Resolution No. 45-06, seconded by Mr.
Fetzer. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Mrs.
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07/11/06
Montague - Yes; Mayor Perlman - Yes; Mr. Fetzer - Yes. Said motion passed with a 4
to 0 vote.
At this point, Mrs. Ellis returned to the dais.
10.B. ORDINANCE NO. 30-06 (SECOND READING/SECOND PUBLIC
HEARING): City initiated amendment to Land Development Regulations (LDR)
Section 2.4.6, "Procedures for Obtaining Permits and Approvals", to provide that
properties in single family residential districts may only be entitled to one (I) extension
for a building permit; amending Section 4.4.3, "Single Family Residential (R-l)
Districts", by enacting Subsection 4.4.3(1), "Construction Site ConditionslRestrictions"
and Subsection 4.4.3(J), "Violations of 4.4.3(1)", to provide for conditions and
restrictions for structures that are undergoing construction and remedies for violators.
Prior to consideration of passage of this ordinance on Second Reading/Second Public
Hearing, a public hearing has been scheduled to be held at this time.
The caption of Ordinance No. 30-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES OF
THE CITY OF DELRA Y BEACH, AMENDING
SECTION 2.4.6, "PROCEDURES FOR OBTAINING
PERMITS AND APPROVALS", SUBSECTION
2.4.6(B)(4), "CONDITIONS OF THE PERMIT", TO
PROVIDE THAT PROPERTY IN SINGLE FAMILY
RESIDENTIAL DISTRICTS MAY ONLY BE
ENTITLED TO ONE EXTENSION FOR A BUILDING
PERMIT; AMENDING SECTION 4.4.3, "SINGLE
FAMILY RESIDENTIAL (R-I) DISTRICTS", BY
ENACTING SUBSECTIONS 4.4.3(1), "CONSTRUCTION
SITE CONDITIONS/RESTRICTIONS", AND
SUBSECTION 4.4.3(J), "VIOLATIONS OF 4.4.3(1)", TO
PROVIDE FOR CONDITIONS AND RESTRICTIONS
FOR STRUCTURES THAT ARE UNDER GOING
CONSTRUCTION IN A SINGLE FAMILY
RESIDENTIAL DISTRICT AND TO PROVIDE FOR
REMEDIES IF THOSE RESTRICTIONS ARE
VIOLATED; PROVIDING A GENERAL REPEALER
CLAUSE; A SAVINGS CLAUSE AND AN EFFECTWE
DATE.
The City Attorney read the caption ofthe ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
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07/11106
The City Attorney read the caption of the ordinance.
Paul Dorling, Director of Planning and Zoning, stated this was initiated by
a request by the Beach Property Owners' Association (BPOA) to control some of the
lengthy construction that was happening over in their neighborhood as well as put some
time restraints when construction and deliveries could occur.
The Neighborhood Advisory Council (NAC) agreed to look at the issue to
make it citywide and to strengthen City ordinances with respect to those issues. At its
meeting of May 15, 2006, the Planning and Zoning Board held a public hearing regarding
this item and there was significant discussion in support and there was one recommended
change that the proposed penalty for not constructing within the 18 months timeframe
was that it be increased from 50% to 100% ofthe original building fees. This change has
been incorporated into this ordinance and staff recommends approval.
Mayor Perlman declared the public hearing open.
Patsy Westall. 1102 Seasprav Avenue. Delrav Beach (member of the
Beach Property Owners' Association and the Neil!hborhood Advisorv Council).
stated with the support of both public and private folks there is now an ordinance that will
keep workman from turning their radios on at 5:00 a.m. and delivering tiles on Sunday.
She congratulated everyone for ajob well done.
There being no one else from the public who wished to address the
Commission regarding Ordinance No. 30-06, the public hearing was closed.
their work.
Mayor Perlman thanked the Neighborhood Advisory Council (NAC) for
Mr. Fetzer moved to adopt Ordinance No. 30-06 on Second
Reading/Second Public Hearing, seconded by Mrs. Montague. Upon roll call the
Commission voted as follows: Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis-
Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote.
10.C. ORDINANCE NO. 36-06: An ordinance amending Chapter 136,
"Sexual Offenders and Sexual Predators", of the Code of Ordinances, Section 136.02,
'Sexual Offenders and Predator Residence Prohibition", to provide for an additional
exception to the residence prohibition to exclude persons who were convicted of the
enumerated offenses prior to October I, 2004 to mirror the Florida State Statutes.
The caption of Ordinance No. 36-06 is on file as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING CHAPTER 136, "SEXUAL OFFENDERS
AND SEXUAL PREDATORS", OF THE CODE OF
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07/11/06
ORDINANCES OF THE CITY OF DELRA Y BEACH,
BY AMENDING SECTION 136.02, "SEXUAL
OFFENDERS AND SEXUAL PREDATOR RESIDENCE
PROHIBITION", TO PROVIDE FOR AN ADDITIONAL
EXCEPTION TO THE RESIDENCE PROHIBITION TO
EXCLUDE PERSONS WHO WERE CONVICTED OF
THE ENUMERATED OFFENSES PRIOR TO OCTOBER
I, 2004; PROVIDING FOR A SAVINGS CLAUSE,
GENERAL REPEALER CLAUSE AND AN EFFECTIVE
DATE.
office. )
(The official copy of Ordinance No. 36-06 is on file in the City Clerk's
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 36-06,
the public hearing was closed.
Mrs. Montague moved to adopt Ordinance No. 36-06 on Second and
FINAL Reading, seconded by Mrs. Ellis. Upon roll call the Commission voted as
follows: Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes;
Mrs. Montague - Yes. Said motion passed with a 5 to 0 vote.
10.D. RESOLUTION NO. 28-06/CONTRACT FOR SALE AND
PURCHASE OF PROPERTY/DELRAY BEACH COMMUNITY LAND TRUST.
INC.: Consider approval of Resolution No. 28-06 authorizing the City to transfer/sell
City owned property, located at 218 S.W. 4th Avenue, to be utilized for affordable
housing purposes; and approve Contract for Sale and Purchase between the City and the
Delray Beach Community Land Trust, Inc. in the amount of $1 0.00.
The caption of Resolution No. 28-06 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA,
AUTHORIZING THE CITY TO TRANSFER/SELL
REAL PROPERTY IN THE CITY OF DELRA Y BEACH
WHICH PROPERTY IS LOCATED AT 218 S.W. 4TH
AVENUE, AS MORE PARTICULARLY DESCRIBED
HEREIN, TO THE DELRA Y BEACH COMMUNITY
LAND TRUST, INC., TO BE UTILIZED FOR
AFFORDABLE HOUSING PURPOSES.
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07/11106
office. )
(The official copy of Resolution No. 28-06 is on file in the City Clerk's
The City Attorney stated this is a resolution regarding the transfer of land
from the City of Delray Beach to the Community Land Trust (CLT) and is for the
property located at 218 S.W. 4th Avenue.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Resolution No. 28-06,
the public hearing was closed.
Prior to the vote, Mr. Levinson stated the delegation of the CLT Board is
on its way to the annual conference to meet.
Mrs. Ellis moved to approve Resolution No. 28-06, seconded by Mr.
Fetzer. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mr. Fetzer-
Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes. Said motion
passed with a 5 to 0 vote.
10.E. RESOLUTION NO. 29-06/CONTRACT FOR SALE AND
PURCHASE OF PROPERTY/DELRAY BEACH COMMUNITY LAND TRUST.
~ Consider approval of Resolution No. 29-06 authorizing the City to transfer/sell
City owned property, located at 1025 Mango Drive, to be utilized for affordable housing
purposes; and approve Contract for Sale and Purchase between the City and the Delray
Beach Community Land Trust, Inc. in the amount of$IO.OO.
The caption of Resolution No. 29-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION
OF THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF
ORDINANCES, BY AMENDING SECTION 4.3.4,
"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.
office.)
(The official copy of Resolution No. 29-06 is on file in the City Clerk's
- 18 -
07/11/06
The City Attorney stated this is a resolution regarding the transfer of land
from the City of Delray Beach to the Community Land Trust (CLT) and is for the
property located at 1025 Mango Drive. In addition, the City Attorney stated on most of
these properties the City of Delray Beach obtained them from the Lands Available List
for unpaid taxes and they all required a Quiet Title action. The City Attorney
commended Terrill Barton, Assistant City Attorney, for ajob well done.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Resolution No. 29-06,
the public hearing was closed.
Mr. Fetzer moved to approve Resolution No. 29-06, seconded by Mrs.
Ellis. Upon roll call the Commission voted as follows: Mr. Fetzer - Yes; Mr. Levinson-
Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion passed
with a 5 to 0 vote.
10.F. RESOLUTION NO. 30-06/CONTRACT FOR SALE AND
PURCHASE OF PROPERTY/DELRAY BEACH COMMUNITY LAND TRUST.
INC.: Consider approval of Resolution No. 30-06 authorizing the City to transfer/sell
City owned property, located at 1027 Mango Drive, to be utilized for affordable housing
purposes; and approve Contract for Sale and Purchase between the City and the Delray
Beach Community Land Trust, Inc. in the amount of$IO.00.
The City Attorney stated this is another transfer to the Community Land
Trust (CLT) for property located at 1027 Mango Drive.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished the address the Commission regarding Resolution No. 30-06,
the public hearing was closed.
Mrs. Montague moved to approve Resolution No. 30-06, seconded by
Mrs. Ellis. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Mrs.
Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes. Said motion
passed with a 5 to 0 vote.
10.G. RESOLUTION NO. 31-06/CONTRACT FOR SALE AND
PURCHASE OF PROPERTY/DELRAY BEACH COMMUNITY LAND TRUST.
INC.: Consider approval of Resolution No. 31-06 authorizing the City to transfer/sell
City owned property, located on S.W. 2nd Street, to be utilized for affordable housing
purposes; and approve Contract for Sale and Purchase between the City and the Delray
Beach Community Land Trust, Inc. in the amount of$10.00.
The City Attorney stated this is a transfer to the Community Land Trust
(CLT) for property located on S.W. 2nd Street.
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07/11106
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Resolution No. 31-06,
the public hearing was closed.
Mrs. Ellis moved to approve Resolution No. 31-06, seconded by Mrs.
Montague. Upon roll call the Commission voted as follows: Mrs. Montague - Yes;
Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes. Said
motion passed with a 5 to 0 vote.
10.H. RESOLUTION NO. 32-06/CONTRACT FOR SALE AND
PURCHASE OF PROPERTYIDELRAY BEACH COMMUNITY LAND TRUST.
INC.: Consider approval of Resolution No. 32-06 authorizing the City to transfer/sell
City owned property, located on N.W. 8th Avenue, to be utilized for affordable housing
purposes; and approve Contract for Sale and Purchase between the City and the Delray
Beach Community Land Trust, Inc. in the amount of$IO.OO.
The City Attorney stated this is a transfer to the Community Land Trust
(CLT) for property located at N.W. 8th Avenue.
Mayor Perlman declared the public hearing open. There being no one
who wished to address the Commission regarding Resolution No. 32-06, the public
hearing was closed.
Mrs. Ellis moved to approve Resolution No. 32-06, seconded by Mrs.
Montague. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs.
Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson -Yes; Mrs. Montague - Yes. Said motion
passed with a 5 to 0 vote.
10.1. RESOLUTION NO. 33-06/CONTRACT FOR SALE AND
PURCHASE OF PROPERTYIDELRAY BEACH COMMUNITY LAND TRUST.
INC.: Consider approval of Resolution No. 33-06 authorizing the City to transfer/sell
City owned property, located on S.W. 13th Avenue, to be utilized for affordable housing
purposes; and approve Contract for Sale and Purchase between the City and the Delray
Beach Community Land Trust, Inc. in the amount of$IO.OO.
The City Attorney stated this is a transfer to the Community Land Trust
(CLT) for property located at S.W. 13th Avenue.
Mayor Perlman declared the public hearing open. There being no one
who wished to address the Commission regarding Resolution No. 33-06, the public
hearing was closed.
Mrs. Montague moved to approve Resolution No. 33-06, seconded by
Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mr. Fetzer
- Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes. Said motion
passed with a 5 to 0 vote.
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07/11106
10.J. RESOLUTION NO. 34-06/CONTRACT FOR SALE AND
PURCHASE OF PROPERTY/DELRAY BEACH COMMUNITY LAND TRUST.
INC.: Consider approval of Resolution No. 34-06 authorizing the City to transfer/sell
City owned property, located on S.W. 2nd Terrace, to be utilized for affordable housing
purposes; and approve Contract for Sale and Purchase between the City and the Delray
Beach Community Land Trust, Inc. in the amount of$IO.00.
The City Attorney stated this is a transfer to the Community Land Trust
(CLT) for property located on S.W. 2nd Terrace.
Mayor Perlman declared the public hearing open. There being no one
who wished to address the Commission regarding Resolution No. 34-06, the public
hearing was closed.
Mr. Fetzer moved to approve Resolution No. 34-06, seconded by Mrs.
Montague. Upon roll call the Commission voted as follows: Mr. Fetzer - Yes; Mr.
Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said
motion passed with a 5 to 0 vote.
At this point, the Commission moved to Item 11, Comments and
Inquiries on Non-Agenda Items from the City Manager and the Public.
11.A.
City Manal!er's response to prior public comments and inQuiries.
and inquiries.
The City Manager had no comments or inquires on prior public comments
11.B.
From the Public.
11.B.1. Javne Kinl!. 3400 Place Valencav. Delrav Beach. stated this is a follow-
up to her comments from June 6, 2006 regarding the discharge of partially treated sewage
from the Delray/Boynton sewer plant which is being pumped into the ocean off Delray
Beach's shore. She stated this incompletely treated sewage is full of nutrient pollution
and dumps directly onto Delray's offshore coral reefs. Ms. King stated it has been
implicated in coral killing/algae blooms and is the focus of the Florida Department of
Environmental Protection demands for the sewer plant to begin nutrient testing of the
coral reef environment. Mrs. King stated this is something the sewer plant has not agreed
to do and the reason the State of Florida has refused to issue a new permit as required by
the Federal Clean Water Act. She also read a brief statement into the record.
11.8.2. Fran Chassen. 4730 N.W. 4th Street. Delrav Beach. urged the
Commission to televise the City Commission meetings because senior citizens who
cannot drive anymore find it difficult to know what is going on in the city.
11.B.3. David Hawke. 121 Heather Lane. Delrav Beach (Hawke & Associates
Architects). inquired about the status ofthe Gateway Entrance Feature Project.
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07/11/06
Mayor Perlman informed Mr. Hawke to contact Diane Colonna at the
Community Redevelopment Agency (CRA) and noted this project is in the design phase.
At this point, the time being 8:14 p.m., the Commission moved back to
Item 9.C. of the Regular Agenda.
9.C. WAIVER REOUEST/GRAMERCY SOUARE: Consider a waiver
request to waive Land Development Regulations (LDR) Section 6.1.2(C)(3)(a), "Paving
Widths", to reduce the required minimum paving width for an interior road from 24' to
20' for Gramercy Square Phase II, pursuant to LDR Section 2.4.7(B)(5), "Waiver
Findings". (Quasi-Judicial Hearing)
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor Perlman asked the Commission to disclose their ex parte
communications. The Commission had no ex parte communications to disclose.
Paul Dorling, Director of the Planning and Zoning, entered the Planning
and Zoning project file #2006-242 into the record.
Mr. Dorling stated the LDR's require a 24 foot wide street; however, the
proposed paving width of the interior roadway within the subject development is only 20
feet. Therefore, the applicant has requested a waiver to reduce the minimum width. This
is an extension of Gramercy Square that was approved and a similar waiver was approved
for the front section and for other projects.
Bradley Miller, Miller Land Planning Consultants, Inc., urged the
Commission to support the waiver to reduce the minimum width to make it consistent
with the rest of the project.
Mrs. Ellis moved to approve the Board Order granting approval of
reducing minimum paving width from 24 feet to 20 feet, seconded by Mrs. Montague.
Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Mrs. Montague-
Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes. Said motion passed with
a 5 to 0 vote.
9.D. SPECIAL EVENT REOUEST & RESOLUTION NO. 48-06/29TH
ANNUAL ROOTS CULTURAL FESTIVAL/yOUTH AND ADULT
BASKETBALL TOURNAMENTS: Consider approval of a special event request to
allow the 29th Annual Roots Cultural Festival Family Day in Pompey, Festival Parade,
One Day Gospel Festival on the Square, and Youth and Adult Basketball Tournaments to
be held July 21, 2006 through August 12, 2006, and approve Resolution No. 48-06 in
support of the event; granting temporary use permit per LDR Section 2.4.6(H) for the use
of City facilities, right of way and parking lots; authorize staff support for security;
waiver of facility rental fee for City facilities; contingent upon sponsor providing a
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liability insurance certificate, rental agreement from Old School Square (OSS), and a
hold harmless agreement.
Mrs. Montague moved to postpone the Special Event request to allow the
29th Annual Roots Cultural Festival Family Day and Resolution No. 48-06, seconded by
Mr. Fetzer. Upon roll call the Commission voted as follows: Mrs. Montague - Yes;
Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes. Said
motion passed with a 5 to 0 vote.
9.E. INITIATION OF COMPREHENSIVE PLAN AMENDMENT 2006-
1: Formally initiate Comprehensive Plan Amendment 2006-1 pursuant to Section 9.2.1
ofthe Land Development Regulations.
Paul Dorling, Director of Planning and Zoning, stated this is the City
Commission's initiation of Comprehensive Plan Amendment 2006-1. It includes six (6)
City initiated Future Land Use Map Amendments, two (2) privately initiated Future Land
Use Map Amendments, and six (6) text changes to the Comprehensive Plan.
At its meeting of June 19, 2006, the Planning and Zoning Board
considered the initiation request and they will consider this during the formal review July
17, 2006 and will be back before the Commission at the City Commission meeting of
August 1,2006.
Mr. Levinson stated if the Commission allows this will CM-R allow
residential. Mr. Dorling stated it will allow residential on that parcel only. Mr. Dorling
stated what is being proposed is changing the land use from industrial to commerce and
subsequently a change from industrial zoning to MIC (Mixed Industrial Commercial)
zoning; and, apply an overlay district to that parcel alone and then that language in policy
would allow workforce housing in an industrial district.
job space.
Mr. Levinson expressed the concern over losing industrial land which is
Mr. Dorling reiterated that the Comprehensive Plan will be come before
the Commission for transmittal to DCA (Department of Community Affairs) on August
1, 2006. The City Manager stated the Commission will not adopt the Comprehensive
Plan until November after the State reviews it.
Mayor Perlman stated he would like Randy Welker's professional analysis
on Depot Road. Randy Welker, Economic Development Coordinator, came forward and
gave a brief overview of the industrial district.
Mr. Dorling stated the MIC does allow Mixed Industrial Commercial and
allows a maximum of 25% commercial and therefore there will be industrial on this site
even under the proposed zoning. He stated access is an issue as well and emphasized this
is a significant amount of traffic.
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07/11/06
Brief discussion between staff and the Commission continued.
Mrs. Ellis moved to approve the initiation of Comprehensive Plan
Amendment 2006-1, seconded by Mr. Fetzer. Upon roll call the Commission voted as
follows: Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes;
Mrs. Montague - Yes. Said motion passed with a 5 to 0 vote.
9.F. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Consider the actions and decisions made by the Land Development Boards
for the period June 19,2006 through July 7,2006.
Mr. Levinson moved to appeal the Site Plan Review and Appearance
Board's Eagle Park item, seconded by Mr. Fetzer. Upon roll call the Commission voted
as follows: Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague-
Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote.
Mr. Levinson moved to approve to receive and file the remaining balance
of the report, seconded by Mrs. Montague. Upon roll call the Commission voted as
follows: Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman-
Yes; Mrs. Ellis - Yes. Said motion passed with a 5 to 0 vote.
9.G. DESIGNATION OF VOTING DELEGATE/FLORIDA LEAGUE OF
CITIES ANNUAL CONFERENCE: Designate the voting delegate to the Florida
League of Cities' 80th Annual Conference to be held at the Hyatt Regency Hotel in
Jacksonville, Florida on August 10-12,2006.
Prior to the vote, Mr. Levinson suggested that the City Manager check
with Delores Rangel, Administrative Assistant regarding the accommodations.
Mrs. Ellis moved to approve to desipate Commissioner Fetzer as the
voting delegate to the Florida League of Cities' 80t Annual Conference, seconded by
Mrs. Montague. Upon roll call the Commission voted as follows: Mr. Levinson _ Yes;
Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes. Said
motion passed with a 5 to 0 vote.
9.H. APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint one
(I) alternate member to the Board of Adjustment for an unexpired term ending August
31, 2007. Based upon the rotation system, the appointment will be made by
Commissioner Levinson (Seat #3).
Mr. Levinson moved to appoint George "Steve" Thacker as an alternate
member to the Board of Adjustment for an unexpired term ending August 31, 2007,
seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mrs.
Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr.
Levinson - Yes. Said motion passed with a 5 to 0 vote.
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07/11/06
9.1. APPOINTMENT TO THE CIVIL SERVICE BOARD: Appoint one
(1) alternate member to the Civil Service Board for a two (2) year term ending July I,
2008. Based upon the rotation system, the appointment will be made by Commissioner
Levinson (Seat #3).
Mr. Levinson moved to reappoint Eric Luckman as an alternate member to
the Civil Service Board for a two (2) year term ending July I, 2008, seconded by Mrs.
Ellis. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs. Ellis
- Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes. Said motion passed
with a 5 to 0 vote.
9.J. APPOINTMENTS TO THE DELRAY BEACH HOUSING
AUTHORITY: Appoint three (3) regular members to the Delray Beach Housing
Authority for four (4) year terms ending July 14, 2010. Based upon the rotation system,
the appointments will be made by Commissioner Ellis (Seat #1), Commissioner Fetzer
(Seat #2), and Commissioner Levinson (Seat #3).
Mrs. Ellis moved to appoint Thuy Shutt as a regular member to the Delray
Beach Housing Authority for a four (4) year term ending July 14, 2010, seconded by Mr.
Levinson. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mr. Fetzer
- Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes. Said motion
passed with a 5 to 0 vote.
Mr. Fetzer moved to reappoint Alfred Etienne as a regular member to the
Delray Beach Housing Authority for a four (4) year term ending July 14, 2010, seconded
by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. Fetzer _ Yes;
Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis _ Yes.
Said motion passed with a 5 to 0 vote.
Mr. Levinson moved to reappoint Dawn Guzzetta as a regular member to
the Delray Beach Housing Authority for a four (4) year term ending July 14, 2010,
seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Levinson
- Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes.
Said motion passed with a 5 to 0 vote.
9.1(. APPOINTMENT TO THE DOWNTOWN DEVELOPMENT
AUTHORITY: Appoint one (1) regular member to the Downtown Development
Authority (DDA) for an unexpired term ending July 1, 2008. Based upon the rotation
system, the appointment will be made by Commissioner Levinson (Seat #3).
Mr. Levinson moved to appoint Nancy Stewart as a regular member to the
Downtown Development Authority for an unexpired term ending July 1, 2008, seconded
by Mrs. Montague. Upon roll call the Commission voted as follows: Mrs. Montague _
Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson _ Yes.
Said motion passed with a 5 to 0 vote.
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07111/06
9.L. APPOINTMENTS TO THE EDUCATION BOARD: Appoint five (5)
regular members for two (2) year terms ending July 31, 2008 and one (I) student member
for a one (I) year term ending July 31, 2007 to the Education Board. Based upon the
rotation system, the appointments will be made by Commissioner Fetzer (Seat #2),
Commissioner Levinson (Seat #3), Commissioner Montague (Seat #4), Mayor Perlman
(Seat #5), Commissioner Ellis (Seat #1), and Commissioner Fetzer (Seat #2).
Mr. Fetzer moved to reappoint Debra Kaiser as a regular member to the
Education Board for a two (2) year term ending July 31,2008, seconded by Mrs. Ellis.
Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs. Ellis _
Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes. Said motion passed
with a 5 to 0 vote.
Mr. Levinson stated he would like to defer his appointment to the regular
meeting of July 25,2006.
Mrs. Montague moved to reappoint Harold Van Arnem as a regular
member to the Education Board for a two (2) year term ending July 31, 2008, seconded
by Mr. Levinson. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mr.
Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes. Said
motion passed with a 5 to 0 vote.
Mayor Perlman stated he wished to reappoint Peggy Murphy as a regular
member to the Education Board for a two (2) year term ending July 31, 2008. Mrs. Ellis
so moved, seconded by Mr. Levinson. Upon roll call the Commission voted as follows:
Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman _ Yes;
Mrs. Ellis - Yes. Said motion passed with a 5 to 0 vote.
Mrs. Ellis stated she would like to defer her appointment to the regular
meeting of July 25, 2006.
Mr. Fetzer stated he too would like to defer his second appointment to the
regular meeting of July 25, 2006.
9.M. APPOINTMENTS TO THE PUBLIC ART ADVISORY BOARD:
Appoint three (3) regular members to the Public Art Advisory Board for two (2) year
terms ending August 2, 2008. Based upon the rotation system, the appointments will be
made by Commissioner Levinson (Seat #3), Commissioner Montague (Seat #4), and
Mayor Perlman (Seat #5).
Mr. Levinson moved to reappoint Vincent Dole as a regular member to the
Public Art Advisory Board for a two (2) year term ending August 2, 2008, seconded by
Mr. Fetzer. Upon roll call the Commission voted as follows: Mrs. Montague _ Yes;
Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes. Said
motion passed with a 5 to 0 vote.
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07/11/06
Mrs. Montague moved to reappoint Sharon Koskoff as a regular member
to the Public Art Advisory Board for a two (2) year term ending August 2, 2008,
seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mayor
Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague
- Yes. Said motion passed with a 5 to 0 vote.
Mayor Perlman moved to reappoint Mary Smith as a regular member to
the Public Art Advisory Board for a two (2) year term ending August 2, 2008. Mrs. Ellis
so moved, seconded by Mrs. Montague. Upon roll call the Commission voted as follows:
Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor
Perlman - Yes. Said motion passed with a 5 to 0 vote.
At this point, the time being 8:48 p.m., the Commission moved to Item
12, First Readings.
12. FIRST READINGS:
12.A. ORDINANCE NO. 5-06: Annexation, Small-Scale Future Land Use
Map amendment from County RL-3 (Low Density Residential - 3 dwelling units per
acre) to City TRN (Transitional) and Rezoning from County CG/SE (Commercial
General/Special Exception to City SAD (Special Activities District) for a 0.99 acre
property, to be known as Robotic Space Savers, located at the southwest corner of
Conklin Drive and Military Trail. If passed, a public hearing will be scheduled for July
25, 2006.
The caption of Ordinance No. 5-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
ANNEXING TO THE CITY OF DELRA Y BEACH, A
PARCEL OF LAND LOCATED AT THE SOUTHWEST
CORNER OF CONKLIN DRNE AND MILITARY
TRAIL, AS MORE PARTICULARLY DESCRIBED
HEREIN, WHICH LAND IS CONTIGUOUS TO
EXISTING MUNICIPAL LIMITS; REDEFINING THE
BOUNDARIES OF THE CITY TO INCLUDE SAID
LAND; PROVIDING FOR THE RIGHTS AND
OBLIGATIONS OF SAID LAND; AFFIXING AN
OFFICIAL LAND USE DESIGNATION OF
TRANSITIONAL FOR SAID LAND TO THE FUTURE
LAND USE MAP AS CONTAINED IN THE
COMPREHENSNE PLAN; ELECTING TO PROCEED
UNDER THE SINGLE HEARING ADOPTION
PROCESS FOR SMALL SCALE LAND USE PLAN
AMENDMENTS; PROVIDING FOR THE ZONING
THEREOF TO SPECIAL ACTIVITIES DISTRICT (SAD)
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07/11/06
DISTRICT; AND AMENDING SECTION 4.4.25(G),
"SAD.s", TO ADD SUBSECTION (9) "ROBOTIC
SPACE SAVERS" TO THE LIST OF APPROVED
SAD.s; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
office.)
(The official copy of Ordinance No. 5-06 is on file in the City Clerk's
The City Attorney read the caption of the ordinance.
Paul Dorling, Director of Planning and Zoning, stated this is a 0.99 acre
site on the south side of Conklin Drive north of Lake Ida Road.
Mr. Dorling stated this is a voluntary annexation FLUM amendment from
County LR-3 to City GC and a transitional land use designation with a rezoning from
County GC/SE to City SAD. This is being processed as a small scale amendment.
Currently the advisory land use designation for the property is MD and the County
designation is LR-3 (Low Residential) and Transitional is being proposed. Mr. Dorling
stated there is a concern that it is not consistent with the City advisory designations or the
County land use designation of LR-3 (Low Residential). Furthermore, the Planning and
Zoning staff had concerns with the application of SAD (Special Activities District) and
that it was inappropriately being applied to the property. There were also concerns
expressed regarding the compatibility with the surrounding development, and its potential
to negatively affect the character ofthe area. He stated in the staff report it states that it is
inconsistent with the Comprehensive Plan and there are polices within the
Comprehensive Plan which talk about new development being consistent and
complimentary to adjacent land uses.
At its meeting of January 23, 2006, the Planning and Zoning Board
considered this item and there was public testimony from the neighborhood to the west
and concerns regarding compatibility were raised. The Board recommended denial of
this annexation, land use, and zoning.
Mr. Fetzer moved to approve Ordinance No. 5-06 on FIRST Reading,
seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mr. Fetzer-
Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes.
Said motion passed with a 5 to 0 vote.
12.B. ORDINANCE NO. 39-06: Amendment to the Land Development
Regulations (LDR) Article 4.7, Family/Workforce Housing", Subsection 4.7.4(d),
"Density Bonus Program for the Southwest Neighborhood Overlay District, Carver
Estates Overlay District, and Infill Workforce Housing Area; Bonus Allowances", to
provide the same number of bonus units for "sale" and "rental" units; Section 4.7.7, "For
Sale Housing Units", to allow a right of first refusal to the Community Land Trust; and
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07/11/06
4.7.9(c)(v) to provide that the proportions of "for sale" to "for rent" units for projects that
are funded by certain State financing programs shall not need to be proportional if 20%
of the "for sale" units are workforce units. If passed, a public hearing will be scheduled
for July 25, 2006.
The caption of Ordinance No. 39-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES, OF
THE CITY OF DELRA Y BEACH, AMENDING
ARTICLE 4.7, "FAMILY/WORKFORCE HOUSING"
AND ORDINANCE 18-06, BY AMENDING SECTION
4.7.4, "DENSITY BONUS PROGRAM FOR THE
SOUTHWEST NEIGHBORHOOD OVERLAY
DISTRICT; THE CARVER ESTATES OVERLAY
DISTRICT AND THE INFILL WORKFORCE HOUSING
AREA; AND SUBSECTION 4.7.4.d. TO PROVIDE THE
SAME NUMBER OF BONUS UNITS FOR "FOR SALE"
AND RENTAL UNITS; BY AMENDING SECTION
4.7.7, "FOR SALE HOUSING UNITS" TO ALLOW A
RIGHT OF FIRST REFUSAL TO THE COMMUNITY
LAND TRUST; BY AMENDING SECTION 4.7.9,
"GENERAL PROVISIONS", SUBSECTION 4.7.9.c.v.,
TO PROVIDE THAT PROPORTIONS OF "FOR SALE"
TO "FOR RENT" UNITS FOR PROJECTS INCLUDING
"FOR SALE" AND "FOR RENT" UNITS THAT ARE
FUNDED BY CERTAIN STATE FINANCING
PROGRAMS SHALL NOT NEED TO BE
PROPORTIONAL SO LONG AS TWENTY PERCENT
OF THE "FOR SALE" UNITS ARE FOR WORKFORCE
HOUSING; BY AMENDING SECTION 4.7.11,
"DENSITY BONUS TABLES TO ELIMINATE THE
BONUS DIFFERENTIAL BETWEEN "FOR SALE" AND
"FOR RENT" UNITS; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTNE DATE.
office. )
(The official copy of Ordinance No. 39-06 is on file in the City Clerk's
The City Attorney read the caption of the ordinance.
Paul Dorling, Director of Planning and Zoning, stated the amendment
proposed three new changes; the first would give the same density bonus for "for sale"
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07111/06
units as "rental units". The second change revises Section 4.7.9 to not require similar
proportions of "for sale" and "rental units" within a project when it is funded by state
financing programs and it contains at least 20% "for sale" workforce units. The third
modification adds a provision that the Community Land Trust (CLT) receives right of
first refusal on workforce housing units developed on non-CLT owned lands.
At its meeting of June 19, 2006, the Planning and Zoning Board held a
public hearing in conjunction with the text amendment. The Board voted 6-0 (Chuck
Halberg absent) to recommend approval of the text amendment request to enhance the
City's Workforce Housing Program.
Mrs. Montague moved to approve Ordinance No. 39-06 on FIRST
Reading, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr.
Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr.
Fetzer - Yes. Said motion passed with a 5 to 0 vote.
At this point, the Commission moved to Item 13, Comments and
Inquiries on Non-Agenda Items from the Commission.
13.
COMMENTS AND INOUlRlES ON NON-AGENDA ITEMS.
B.A.
City Manal!er
The City Manager stated he is disappointed in the demolition of the home
located at 527 North Swinton Avenue (directly across the street from his home). He
stated currently the Code does not contemplate any process going from contributing to
non-contributing so this will need to be addressed and will be part of what staff is going
through now to amend the Historic Preservation Board ordinance. He expressed concern
over what is happening in his neighborhood and noted it is already desecrated with a Key
West style house. He stated it should be built in one of the styles that are in the district
(i.e. a bungalow, craftsman, mission, Mediterranean revival). The City Manager stated
he hopes the Board will work with the applicant to come up with one of those designs
because he is concerned about what is happening in the district.
Secondly, he stated Chief Schroeder has made a decision regarding
promotions within the Police Department. The City Manager stated David Weatherspoon
has been promoted to Sergeant.
13.B.
City Attornev
The City Attorney stated she received a letter regarding the Churchill
property and Mr. Malkemes would like to purchase the property subject to the City's
assurance that neither his existing property nor the 3.18 acres would be involuntarily
annexed into the City for the next ten years. It was the consensus of the Commission to
allow the City Attorney to move forward with the RFP.
- 30-
07/11/06
Secondly, the City Attorney stated she received a telephone call today
from Trela White (Corbett & White, P.A.), Attorney with the Palm Beach County League
of Cities, regarding County activities on level of service standards and tomorrow the
County will vote on ballot language for a County Charter change on level of service
standards for fire-rescue. She stated they reached an accommodation with the County by
passing resolutions (as did other cities) and the County indicated that they would not do
anything for approximately 3-5 years. The City Attorney stated there will be a meeting
tomorrow morning and she will be sending Terrill Barton, Assistant City Attorney, in her
place. Also, the City Attorney stated Jamie Titcomb will be present. The City Attorney
stated she would like the support of the Commission to not pass the ballot language ifthis
is how the Commission feels.
.!1&:.
City Commission
13.C.l.
Mr. Fetzer
Mr. Fetzer stated at the last City Commission meeting there was
discussion about requiring generators for multi-family condominiums and noted he
received an email from condominium association president regarding information on a
house bill that passed and went into affect July 6, 2006. He gave this information to the
City Attorney for her review.
13.C.2.
Mrs. Ellis
Mrs. Ellis stated she voted against Item 9.B. (Appeal of the Historic
Preservation Board's Decision Associated with 527 North Swinton Avenue) because
previously the applicant appeared before the City Commission who implied that this was
not going to be an issue with them because they were going to come back with under a
2,000 square foot design and therefore it would not have to be brought back to the
Commission again. Mrs. Ellis stated instead of doing that, the applicant hired Mr.
Weiner and came back with a 3,100 square foot house. She believes there was little
effort made on the applicant's part to take into consideration the concerns of the
Commission.
13.C.3.
Mrs. Montal!ue
Mrs. Montague commented about the 50 year rule and stated during the
applicant's due diligence period when they actually purchased the home it was
questionable as to exactly when the home was built. She expressed concern that the
language needs to be very specific to include the actual year the house was built so that it
does not have to come to this level before the City Commission, so that it does not upset
the community, and the applicant does not have to go through the painful process that
they had to go through and that we also retain the neighbors in the community.
Secondly, Mrs. Montague thanked Mayor Perlman and Commissioner
Levinson from Friends ofIsraeli Scouts.
- 31 -
07/11106
Lastly, she presented a gift to Mayor Perlman from the Black Sooners and
stated former Commissioner Jimmy Weatherspoon is a noble.
13.C.4.
Mr. Levinson
Mr. Levinson commented about a letter from Bill Fay thanking the City of
Delray Beach for one of the Community Service Officers (CSO). He suggested that the
Community Service Officers and the School Crossing Guards be recognized at a
Commission meeting prior to the start of school.
Secondly, he stated the Children's Services Council (CSC) is holding a
training seminar with Ruby Payne and Phil Devall. Mr. Levinson stated he brought Ruby
Payne to Leadership Florida and noted that she is phenomenal. He suggested that the
Commission attend the meeting in the morning to listen to Ruby Payne.
Mr. Levinson stated he met with Dr. Steve Hacker (a local Dermatologist)
who has talked with the Parks and Recreation staff about "Delray rules/tips on the sun"
that could be posted at the beach and ball fields, etc. Mr. Levinson stated Dr. Hacker has
offered to help the City of Delray Beach in putting together good sun safety tips and also
suggested that this be placed in the News Wave and the News for Neighborhoods. The
City Manager stated the City recently held a sun cancer screening for employees and
distributed posters regarding heat exhaustion, etc.
Lastly, Mr. Levinson stated Lyle did a great job with regard to the Goal
Setting Sessions and extended kudos to those attendees who spent approximately 3 hours
there on Monday evening. He stated there were many great ideas that came out of the
Goal Setting Sessions and feels the process works well.
13.C.5.
Mavor Perlman
Mayor Perlman stated he attended the Cinco de Mayo recognItIon on
Saturday evening. He stated everyone had a great time and it was a good festival.
Secondly, he stated the Citizens' Summit was terrific and commented
there were many great ideas.
Lastly, Mayor Perlman thanked Melissa Capone who won the opportunity
to be "Mayor for the day" and stated it has been a delight to have her in attendance this
evemng.
There being no further business, Mayor Perlman declared the meeting
adjourned at 9:22 p.m.
City Clerk
- 32-
07/11/06
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 July 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 some amendments, additions
or deletions as set forth above.
- 33 -
07/11/06
Jul 10 06 04:14p
JANE CRITCHILOW
954-725-6701
p.1
1301 N.W. THIRD STREET I DEERFJELD BEACH, FL 33<42
TEL (954) 429-3200 . FAX: (954) 360-7657
July 10,2006
Ms. Jackie Rooney
City of Delray Beach
320 SW 4'11 Street
Delray Beach, FL 33444
Via Fax # 561-243-7166
Dear Ms. Rooney:
We are pIeased to offer the following quotation for your consideration.
1 ea
Model #
41178
Unit Price
$19,125.48
Descri lion
Toro Multi Pro 1200, Manual Spray System with 18.5
Boom Electric Boom Lift Kit and Li ht Blue Nozzle
Note: Pricing per Florida State Contract
The above quotation is based upon your acceptance within thirty (30) days from the date
of this letter and is subject to manufacturer's availability and Florida State Sales Tax (if
applicable). Our terms of sale are Cash on Delivery or upon credit approval, Net 10
Days.
Thank you for the opportunity to provide you a quotation. If you have any questions or
require additional information, please contact me at (954) 429-3200, Extension 310. We
appreciate your interest and look forward to doing business with you.
Sincerely,
HECTOR TURF
. V~ (~JaeP /1 " l'Tfc
Michael Leising ~
Senior Account Representative
MJL:jac
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
SCOTT CORREALE & SHANNON DAWSON,
Appellant(s),
vs.
CITY OF DELRAY BEACH,
Appellee.
I
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. This appeal of a denial of a Certificate of Appropriateness for demolition
has come before the City Commission on July 11, 2006.
2. The Appellants, Appellee and City staff presented documentary evidence
and testimony to the City Commission pertaining to the appeal of the certificate of
appropriateness for demolition. All of the evidence is part of the record in this case.
Required findings are made in accordance with Subsections I and II.
I.
COMPREHENSIVE PLAN:
REQUIREMENTS MET?
ARE THE COMPREHENSIVE PLAN
Is the Certificate of Appropriateness for demolition consistent with
and furthers the policies and objectives of the Comprehensive Plan?
Yes 4
No 1
II. LAND DEVELOPMENT REGULATIONS: ARE THE LDR REQUIREMENTS
MET?
a. Pursuant to Section 4.5.1(F)(1), the Historic Preservation Board upon a
request for demolition by a property owner, shall consider the following guidelines in
evaluating applications for a certificate of appropriateness for demolition of designated
historic sites, historic interiors, or buildings, structures, or appurtenances within
designated historic districts;
rfeY/^ q.8.
(a) Whether the structure is of such interest or quality that it would
reasonably fulfill criteria for designation for listing on the national
register.
(b) Whether the structure is of such design, craftsmanship, or material that
it could be reproduced only with great difficulty or economically
nonviable expense.
(c) Whether the structure is one of the last remaining examples of its kind
in the designated historic district within the city.
(d) Whether retaining the structure would promote the general welfare of
the city by providing an opportunity to study local history, architecture,
and design, or by developing an understanding of the importance and
value of a particular culture and heritage.
(e) Whether there are definite plans for immediate reuse of the property if
the proposed demolition is carried out, and what effect those plans will
have on the character of the surrounding area.
Are these requirements met?
Yes
4
No
1
b. Pursuant to LDR Section 4.5.1(E)(4), a historic site, or building, structure,
site, improvement, or appurtenance within a historic district shall be altered, restored,
preserved, repaired, relocated, demolished, or otherwise changed in accordance with
the Secretary of the Interior's Standards for Rehabilitation, as amended from time to
time.
Is this requirement met?
Yes
4
No
1
3. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the original site plan was submitted.
4. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses supporting these findings.
2
5. Based on the entire record before it, the City Commission approves X
denies _ the appeal and hereby adopts this Order this l t+'" day of July, 2006, by
a vote of 4 in favor and 1
opposed.
ATTEST:
~.. &L.l). \J~.~~
Chevelle Nubin
City Clerk
3
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
WAIVER REQUESTED BY GRAMERCY SQUARE TOWNHOMES
1. These waiver requests came before the City Commission on July 11,
2006.
2. The City staff, applicant, and other persons have presented documentary
evidence and testimony to the City Commission pertaining to the waiver requests of
Gramercy Square. All of the evidence is part of the record in this case.
3. Waivers: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver,
the approving body shall make a finding that the granting of the waiver:
(a) shall not adversely affect the neighboring area;
(b) shall not significantly diminish the provision of public facilities;
(c) shall not create an unsafe situation; and
(d) ~oes not result in the grant of a special privilege in that the same
waiver would be granted under similar circumstances on other
property for another applicant or owner.
4. Minimum Pavina Widths: Per LDR Section 6.1.2(C)(3)(a), the minimum
paving width for an interior road is 24'; however, the paving width of the interior roadway
within the subject development proposal is only 20'.
Pursuant to LDR Section 6.1.2(C), upon the recommendation of the City
Engineer, and with the approval of the Fire Marshal, the City Commission may authorize
a reduction in the minimum required width of paving if it is determined that the
requirements of this subsection would not be feasible or would constitute a hardship in a
particular instance and provided this reduction would not endanger public safety and
welfare. The development proposal provides a 20 foot wide street with two feet of
valley gutter on both sides of the pavement. The City Engineer and the Fire Marshal
have previously supported reductions that have been granted to the pavement wid for
'1\llliJy D
SC~~~~
~l
T+ei'Y' q. C- .
other townhouse projects such as Atlantic Palm, Atlantic Grove and Legacy at
Sherwood Forest. In this particular request, the two foot valley gutter on either side of
the road will provide sufficient area for large emergency vehicles to navigate the road.
The reduction can be supported as long as the Homeowner's Association documents
contain a prohibition on the parking of vehicles within the street access tracts (this is a
condition of the Class V site plan approval).
Should the waiver be granted to reduce the minimum paving
widths?
Yes 5 No 0
5. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the original site plan was submitted.
6. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses which supports the findings set forth in this Order.
7. Based on the entire record before it, the City Commission approves X
denies _ the waiver requests and hereby adopts this Order this \ ~ Clay of July,
2006, by a vote of 5
in favor and 0
ATTEST:
~.. ~\j . \).~~~^~
Chevelle Nubin
City Clerk
2
LAW OFFICES
H. CASSEDY SUMRALL, JR.
PROFESSIONAL ASSOCIATION
355 N.E. FIFTH AVENUE, SUITE e
DELRAY BEACH. FLORIDA 33483-5542
TELEPHONE
(561) 272-7040
FAX
(561) 272-5755
July 5, 2006
Ms. Susan Ruby
Delray Beach City Attorney
200 N.W. 1st Avenue
Delray Beach, FL 33444
Re: Churchill Property
Dear Ms. Ruby:
I represent Bill Malkemes who owns the property at 4686 133rd Road South, Delray Beach
33445, where he maintains his business known as Tip Top Tree Services, Inc. as well as
his residence. The City has previously negotiated with Bill concerning purchasing part of
his property which negotiations I believe have terminated.
It is my understanding that the City may be willing to sell the property next to Mr.
Malkemes's property consisting of 3.18 acres which he has had appraised recently by
Anderson & Carr for an appraised value of 1.4 million. Mr. Malkemes would be interested
in purchasing the property subject to the City's assurance that neither his existing property
nor the 3.18 acres would be involuntarily annexed into the City for the next ten years since
it would be his intention to expand his business on to the 3.18 acres as well as what he
currently owns and to continue the business for some time in the future.
Please let me know if the City would be willing to pursue a contract with Mr. Malkemes for
the sale of the subject property and what the price would be.
Thank you for your consideration.
HCSJr/bcf
ve?~ '"'--
~ ~~SSEDY SUMRALL, JR.
cc: Bill Malkemes
Bill Plum
REceiVED
JULO 6 m
\ CITY ATTORNEY
~~'ny~~-~\~.ss. -\\\\\10tn
SPECIAL MEETING/WORKSHOP
JULY 18, 2006
A Special Meeting/Workshop of the City Commission of the City of Delray Beach, Florida, was
called to order by Mayor Jeff Perlman in the First Floor Conference Room at City Hall at 6:00 p.m.,
on Tuesday, July 18,2006.
Roll call showed:
Present - Commissioner Rita Ellis
Commissioner Fred B. Fetzer
Commissioner Jon Levinson
Commissioner Brenda B. Montague
Mayor Jeff Perlman
Also present were - David T. Harden, City Manager
Susan A. Ruby, City Attorney
Chevelle D. Nubin, City Clerk
Mayor Perlman called the meeting to order and announced that it had been called for the purpose of
considering the following items:
SPECIAL MEETING AGENDA
1. SPECIAL EVENT REOUEST & RESOLUTION NO. 48_06/29TH ANNUAL ROOTS
CULTURAL FESTIVAL/YOUTH AND ADULT BASKETBALL TOURNAMENTS:
Consider approval of a special event request to allow the 29'. Annual Roots Cultural Festival
activities to be held July 22, 2006 through August 12, 2006, and approve Resolution No. 48-06
in support of the event; granting temporary use permit per WR Section 2.4.6(H) for the use of
City facilities, right of way and parking lots; authorize staff support for security; waiver of facility
rental fee for City facilities; contingent upon sponsor providing a liability insurance certificate,
rental agreement from Old School Square (OSS), and a hold harmless agreement.
Former Commissioner, Alberta McCarthy expressed her gratitude for all the cooperation
and help the Roots Festival has received from the City. Ms. McCarthy noted Ms. Wesley was
on the mend.
Mr. Levinson moved to approve the special event request and Resolution No. 48-06 in
support of the 29th Annual Roots Cultural Festival, seconded by Mrs. Montague. 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.
WORKSHOP AGENDA
1. Old School Square Presentation - Executive Committee of the OSS Board of Directors
Dr. Jay Alperin, President of the Board of Old School Square, recognized Joe Gillie,
Director of Old School Square, Joe Hinckley, Comptroller of Old School Square, and Peggy
Murphy, Director of Center Services at Old School Square, as being present for the
operational overview presentation. Community usage, and sources and uses of funds, were
discussed. The proposed budget for Old School Square for the 2007/2008 Fiscal Year is
approximately $2.1 million.
It was the consensus of the Commission that the presentation was well executed.
2. Presentation of Old School Square Park Development Concepts
Richard Hasko, Director of Environmental Services introduced Wendy Nero, representing
CH2M HILL, Inc. (Consultant), who provided a PowerPoint presentation outlining the
process used to generate ideas for the proposed Old School Square Park. CH2M HILL was
contracted by the City of Delray Beach to assist with the development of a Request For
Proposal (RFP) for design services for the new Old School Square (OSS) Park. A
Stakeholder Workshop was conducted July 10, 2006 at Old School Square to understand
stakeholder interests. Strengths, weaknesses, threats/challenges, opportunities and
Stakeholder recommendations were discussed. Interests and recommendations included
landscape design, event needs, clean and safe environment, shade, public art, site plan and
pathways, seating needs, and a water feature. It was recommended to develop a design
encompassing the entire site of 5.25 acres which would include Old School Square and the
proposed 1.34 acre park. This concept would result in a "unified and integrated" site.
Discussion followed concerning the scope of services, and subsequent RFP. The RFP draft
should be completed by the end of July 2006. Groundbreaking for the park project should
commence once the proposed garage is built.
The City Manager stated CH2M HILL has been engaged to assist the City in gaining input as
to what elements should be included within the park. Once gathered, this information will
be sent out for a Request for Proposal (RFP).
It was the consensus of the Commission to continue with the research and developmental
plans in order to keep Old School Square a vibrant part of the Downtown element, and to
request designs of previous projects be submitted with the RFP in lieu of original park
design concepts. Community participation was also an important issue to the Commission.
3. Presentation of Red Light Photo Enforcement - Redflex Traffic Systems
Scott Maddox, Former Mayor of Tallahassee, introduced Jay Spector from Redflex Traffic
Systems, Inc. Mr. Spector presented a PowerPoint Presentation concerning the use of this
high resolution digital red-light and speed photo enforcement camera systems. The Redflex
system works autonomously to the City's existing traffic control system, by combining the
dynamics of full motion video with prosecute-ability of high-resolution digital images of
2
JULY 18, 2006
vehicles that tun red lights.
The consensus of the Commission was interest to proceed once the City Attorney's office is
comfortable with any legal issues.
4. Presentation of proposed Boardwalk for the Atlantic Avenue Intracoastal Bridge - Rich
McGloin
Rich McGloin from Cotleur Hearing Engineering Firm, representing the Downtown
Development Authority (DDA), presented a conceptual site plan of the proposed northeast
comer of the Atlantic Avenue Bridge boardwalk. Mr. McGloin was joined by Tom Blum,
owner of the Old Calypso Restaurant and board member of Waterway East Development
adjoining the proposed boardwalk property. The engineering and construction costs were
estimated between $56,000 and $65,000. This proposal will help meet Goal #5 in the City's
Strategic Plan.
It was the consensus of the Commission to direct the DDA to proceed by first contacting
the Palm Beach County Commission and the Beach Property Owners. The Commission
was in favor of the concept for the proposed boardwalk for the northeast comer of the
Atlantic Avenue Bridge.
5. Discussion regarding the request that sexual orientation be added to the City's equal opportunity
policy. and to extend certain benefits to domestic partners.
Judge Rand Hoch (retired), Founder of the Palm Beach County Human Rights Council,
presented a report concerning domestic partner benefits. The Palm Beach County Human
Rights Council (pBCHRC) believes that offering benefits to legally married partners of City
employees, while denying identical benefits to the non-married domestic partners of City
employees is not only unfair, but also discriminatory. It was requested the City provide the
same family benefits as are provided to City employees with spouses. These benefits include
health insurance, dental insurance, vision insurance, COBRA and continuation coverage, life
insurance, long term disability insurance, sick leave, family medical leave, bereavement leave,
the employee/dependent assistance program, and any other family benefits offered by the
City. Judge Hoch also requested the discrimination section on the City's employment
application should also reflect "familial status, marital status, and sexual orientation".
Discussion followed with Commission expressing concerns, as well as, support.
It was the consensus of the Commission to move forward with policy changes.
6. Presentation of Financial Trend Monitoring Report
Joe Safford, Finance Director presented the Finance Department's first Financial Trends
Monitoring Report for the City of Delray Beach. The report is basically an accumulation of
ten (10) years of historical financial information which is then displayed in a graphic format
in order to visually evaluate the historical trends. The basic trend lines are compared to
existing goals, objectives, internal policies, or industry practices. Comments were provided
on the graphs to explain negative trends or abnormal activity in the year which they occur.
3
JULY 18, 2006
The consensus of the Commission felt this was a wonderful report and well done.
Mayor Perlman adjourned the Workshop at 9:27 p.m.
City Clerk
ATTEST:
MAYOR
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information
provided herein is the Minutes of the Special/Workshop Meeting of the City Commission held on
Tuesday, July 18,2006, which Minutes were formally approved and adopted by the City Commission
on
City Clerk
NOTE TO READER: If the Minutes you have received are not completed as indicated above,
this means they are not the official Minutes of the City Commission. They will become the official
Minutes only after review and approval, which may involve amendments, additions or deletions to
the Minutes as set forth above.
4
JULY 18, 2006
[ITY DF DElIAY BEA[H
DElRAY BEACH
1 'JU r~ V'l
A',.'[,\'c.if
:-,'El.HA\ i3CACH HORIOA 33444
!)O 1 .1243. 70un
.....
All-America City
"lIt~
1993
2001
MEMORANDUM
TO:
David Harden
City Manager
FROM:
Joe Weldon
Director of Parks and Recreation
SUBJECT: Presentation of Two Ceremonial Checks
DATE:
July 17, 2006
I would like to request that Representative Adam Hasner present a
ceremonial check in the amount of $200,000 from the Department of
Environmental Protection, Florida Recreation Development Assistance
Program for Lake View Park. I would also like to request that
Representative Richard Machek present a ceremonial check in the amount of
$200,000 from the Department of Environmental Protection, Florida
Recreation Development Assistance Program for the Mike Machek Boy Scout
Park.
Please place this on the agenda for the July 25, 2006 City Commision
meeting.
Parks and Recreation
Ref:2cercks
@
T~ii Err !<1 Ai "/JI\V MATTFHS
'lA
Date: July 17, 2006
AGENDA ITEM NUMBER:~
AGENDA REQUEST
Request to be placed on:
_Consent Agenda ~Regular Agenda _Workshop Agenda _Special Agenda
When: July 25, 2006
Description of Agenda Item (who, what, where, how much): Request approval
for Representatives Adqrn Hasner and Richard Machek to present two ceremonial
checks to the City from the Department of Environmental Protection, Florida
Recreation Development Assistance Program, one in the amount of $200,000 for
Lake View (Lake Ida) Park and the other in the amount of $200,000 for the
Mike Machek Boy Scout Park.
Department Head
Signature:
City Attorney Re i wIRe commendation (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:
Approved for Agenda: 81 No Initials:
Hold Until:
f/llvl
\
Agenda Coordinator Review:
Received:
MEMO
TO:
David T. Harden, City Manager
THRU:
Lula Butler, Community improvement Director
FROM:
Elizabeth B. Alpert, Community Development Administrator
DATE:
July 20, 2006
SUBJECT:
Presentation for July 25, 2006 Regular City Commission Meeting
PRESENTATION BEFORE THE COMMISSION
This presentation will showcase one of Community Improvement's most recent rehab projects completed
with CDBG funds for Mrs. Mary McClenehan and famiiy. This item originally came before the Commission
at the May 2, 2006 meeting to waive the $35,000 maximum grant award established for housing
rehabilitation due to extenuating circumstances. The McClenehan's home sustained severe
damages alter Hurricane Wilma leaving the structure uninhabitable and separating the seven-
member family. This presentation will recognize the builder, Mr. Joe Mosca for his exceptionai
work on the project and present before and alter photos of the project.
cl
ti'A1
15
MEMORANDUM
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER t7Y\
AGENDA ITEM # Y;A - REGULAR MEETING OF JULY 25. 2006
FINAL PLAT APPROVAL/5TH AVENUE AT DELRAY PLAT
TO:
FROM:
DATE:
JULY 21, 2006
This is before the Commission to approve the final boundary plat for the 5"' Avenue at Delray Plat,
located on the east side of N.E. 5"' Avenue (southbound Federal Highway), between N.E. 1" Street
and N .E. 2nd Street.
The property is a re-plat of Lots 2 through 8, inclusive; and the north 10 feet of Lot 9, Block 107.
This is a final boundary plat processed as a minor subdivision. All technical and staff comments
have been addressed and the plat is ready for approval.
Recommend approval of the final boundary plat for the 5th Avenue at Delray.
S:\City Clerk\agcnda mcrnos\Final Plat 5th Avtnue a[ Delray 072506
City Of Delray Beach
Department of Environmental Services
M E M 0 RAN DUM
TO:
FROM:
David T. Harden, City Manager
Jill Skaggs, P.E., Asst. City Engineer b--
DATE:
July 11, 2006
SUBJECT: 5th Avenue at Delray Plat
Agenda Request
The attached Agenda Request is for Commission approval of the 5th Avenue at Delray
Plat, a final boundary plat, located on the east side of NE 5th Avenue (Southbound
Federal Highway), between NE 1st and NE 2nd Streets. This property is a replat of Lots
2 through 8, inclusive, and the north 10 feet of Lot 9, Block 107, Town of Linton (now
Delray Beach), Plat Book 1, Page 3, being in Section 16, Township 46 South, Range 43
East, City of Delray Beach, Palm Beach County, Florida.
This plat is processed as a minor subdivision, therefore, it is forwarded directly to City
Commission for final action (no other board review was necessary).
Enclosed are a location map and a reduced copy of the plat.
If this meets with your approval, please place it on the July 25, 2006 Commission
Agenda for approval.
Thanks!
enc
cc Richard Hasko, Director of Environmental Services
Randal Krejcarek, City Engineer
Jasmin Allen, Planner
Carolanne Kucmerowski
TAC File
Agenda File. July 25, 2006
S:\EngAdmin\TAC\5th Avenue at Delray (Federal Hwy)\2006 Ju/25 agenda memo.doc
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CITY of DELRA Y BEACH
ENVIRONMENTAL SERVICES DEPARTMENT
434 SOUTH BWNTON AVENlE, DElRAY BEACH, R.ORDA 33444
5TH AVENUE AT DELRAY
LOCATION MAP
TAC
DATE: 07/11/2006
51HA'f..AlIlW.YlOCllN'
1 of 1
Date: Julv 11. 2006
AGENDA ITEM NUMBER:~
O.
. f;tIi ,,~-_ ~
::- --:::.<
AGENDA REQUEST
Request to be placed on:
-X-Consent Agenda _Regular Agenda _Workshop Agenda _Special Agenda
When: 25 Julv 2006
Description of Agenda Item (who, what, where, how much):
Request is for Commission approval of the 5th Avenue at Delray Plat, a final boundary plat,
located on the east side of NE 5th Avenue (Southbound Federal Highway), between NE 1" and
NE 2nd Streets. This property is a replat of Lots 2 through 8, inclusive, and the north 10 feet of
Lot 9, Block 107, Town of Linton (now Delray Beach), Plat Book 1, Page 3, being in Section 16,
Township 46 South, Range 43 East, City of Delray Beach, Palm Beach County, Florida.
StaffReCOmmendati~n: Approval ~ ~
Department Head Slgnature: .
1-1/-0!-
City Attorney ReviewlRecommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No Initials: N.A.
Account Number
Description
Account Balance:
Funding Alternatives:
(if applicable)
City Manager Review:
Approved for Agenda: -G1No Initials: ~1
Hold Until:
Agenda Coordinator Review:
Received:
S:\EngAdmin\TAC\5th Avenue at Delray (Federal Hwy)\2006 Jul25 agenda.doc
MEMORANDUM
TO:
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER071
AGENDA ITEM # ~ - REGULAR MEETING OF IUL Y 25. 2006
RESOLUTION NO. 51-06
SUBJECT:
DATE:
JULY 21, 2006
This is a resolution assessing costs for abatement action necessary to remove junked and/or abandoned
vehicles from five (5) properties within 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. 51-06.
Department on Caroline S(City Clerk/Lien Process! Agmemos/lAgmemoA V.Res No. 51-06
RESOLUTION NO. 51-06
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y
BEACH, FLORIDA, PURSUANT TO CHAPTER 90 OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR
ABATING NUISANCES BY REMOVING JUNKED AND/OR ABANDONED
VEHICLES WITHIN THE CITY OF DELRA Y BEACH; SETTING OUT
ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING SAID COSTS; PROVIDING FOR AN
EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESS-
MENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND
DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY
FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF
NOTICE OF LIEN.
WHEREAS, the City Manager or his designated representative has, pursuant to Chapter 90 of
the Code of Ordinances, removed junked and/or abandoned vehicles owned by persons described in the list
attached hereto and made a part hereof, for violation of the provisions of Chapter 90 of the Code of
Ordinances; and,
WHEREAS, pursuant to Chapter 90 of the Code of Ordinances of the City of Delray Beach,
the City Manager or his designated representative has determined that a nuisance existed in accordance with
the standards set forth in Chapter 90 of the Code of Ordinances, and did furnish the respective ownet(s) of
the land(s) described in the attached list with written notice of public nuisance pursuant to Sections 90.02 and
90.03 of the Code of Ordinances; and,
WHEREAS, the property owner(s) named in the list attached hereto and made a part hereof
did fail and neglect to remove said junked and/or abandoned vehicles, and thus failed to abate the nuisance(s)
or to properly request a hearing pursuant to Chapter 90 within the time limits prescribed in Chapter 90 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) as required by Chapter 90 of the Code of Ordinances; 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 remove said junked and/or
abandoned vehicles owned by persons described in the list attached and made a part hereof and incurred
costs in abating the subject nuisance(s); and,
WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Chapter 90 of the
Code of Ordinances of the City of Delray Beach, submitted to the City Commission a report of the costs
incurred in abating said nuisance(s) as aforesaid; and,
WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 90 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 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 Section 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 and with the same penalties and under the same provisions
as to sale and foreclosure as City taxes are collectible.
Section 2. That such assessment shall be legal, valid and binding obligations upon the property
against which said assessments are levied.
Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately
mail by first class mail to the owner(s) of the property, as such ownership appears upon the records of the
County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach on the
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.
Section 4. That this resolution shall become effective thirty (30) days from the date of adoption
and the assessment(s) contained herein and shall become due and payable thirty (30) days after the mailing
date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest
shall accrue at the rate of eight (8) percent per annum plus, if collection proceedings are necessary, the costs
of such proceedings including a reasonable attorney's fee.
Section 5. That in the event that payment has not been received by the City Clerk within thirty
(30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a
certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and
time of recording 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.
(S):City CIerk\Resolutions\Resolution Shells for Liens\ Res. No. SI..Q6.doc
Res. No. 51-06
Section 6. That at the time the City Clerk sends the certified copy of this resolution for
recording, a notice of lien, in the form of prescribed in Section 90.06 of the Code of Ordinances, shall be
mailed to the property owner.
PASSED AND ADOPTED ill regular seSSIOn on this
,2006.
day of
MAYOR
ATTEST:
City Clerk
This instrument was prepared by:
Susan A. Ruby, City Attorney
200 N.W. 1" Avenue
Delray Beach, Florida 33444
(S):City Clerk\ResoJutions\Resolution Shells for Liens\ Res. No. 51-06.doc
Res. No. 51-06
COST OF ABATING NUISANCES UNDER CHAPTER 90
OF THE CODE OF ORDINANCE
PROPERTY DESCRIPTION OWNER ASSESSMENT
100 BLOCK NW 7th Avenue ~-~~-
Monroe SUB Lot 26, Block 12 Mixam Inc
PCN 12-43-46-17-01-012-0260 c/o Max Eida, Reg. Agent
Case No. AV-05-46879 22352 Siesta Key Drive
Cust No. 10136 Boca Raton, Florida 33428 $ 45.00 Inv.29712
602 SE 3rd Avenue
Osceola Park Lot 19 Block 7
PCN 12-43-46-21-01-007-0190 Durone Loute
Case No. AV05-45363 602 SE 3rd Avenue
Cust No. 8261 Delray Beach, Florida 33483 $ 145.00 Inv. 29711
528 NW 47th Avenue
Pine Trail Sec II SWL Y 54.19 FT of
Lot 6 Block 5
PCN 12-42-46-12-08-005-0062 VenelGuabert
Case No. AV05-43825 528 NW 47th Avenue
Cust No. 12001 Delray Beach, Florida 33445 $ 45.00 Inv. 29713
229 SW 6th Avenue
Town of Delray Lot 20 Block 23 Mary Everett &
PCN 12-43-46-16-01-023-0200 Beatrice Tyson TR TI HLDR
Case No. AV05-48711 1435 SW 3rd Street
Cust. No. 12003 Delray Beach, Florida 33444 $ 100.00 Inv. 29715
113/115 SW 6th Street
Sellers ADD Delray Beach Lot 6
PCN 12-43-46-20-06-000-0060 Richard & Clara Cleckley
Case No. AV05-46511 305 NW 4th Avenue
Cust. No. 5459 Defray Beach, Florida 33444 $ 45.00 Inv. 29710
-~
-
.
VIOLATION IS: SECTION 90.03 - STORING, PARKING OR LEAVING
WRECKED OR INOPERABLE MOTOR HAZARDS; DECLARED NUISANCE
City Crerk\UEN PROCESS\SHELl FOR UEN\2006 Resolution Ust\RES No. 51-06.xls
Res. No. 51-06
MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER[;?/ti~
TO:
SUBJECT:
AGENDA ITEM #
FDOT UTILITY
ATLANTICA
~
PERMIT
- REGULAR MEETING OF JULY 25. 2006
& HOLD HARMLESS AGREEMENT /
DATE:
JULY 21, 2006
This is before the Commission to authorize the City to act as the utility permit applicant for a water
service connection within the state right-of-way for Atlantica, located north of George Bush
Boulevard, between N.E. 6'h Avenue (northbound Federal Highway) and N.E. 7'h Avenue and
approve a hold harmless agreement with the developer (LMC Development Delray, LLC).
The water lines are tying into the existing main on N .E. 6'" Avenue. The water main is within the
state right-of-way. The Florida Department of Transportation requires the City to act as the utility
permit applicant. The proposed agreement provides that the developer will hold the City harmless for
the general work to be performed under the permit.
Recommend approval of the hold harmless agreement for work performed within the state right-of-
way between the City and LMC Development Delray, LLC.
S:\City Clcrk\agenda memos\Hold Harmless Agmt Atlantica 072506
City Of Delray Beach
Department of Environmental Services
M E M 0 RAN
D
u
M
TO: David T. Harden, City Manager
FROM: Jill Skaggs, Asst. City Engineer ~
DATE: July 12, 2006
SUBJECT: Hold Harmless Agreement for FOOT Utility Permit
Atlantica
Please find attached a hold harmless agreement for work performed within the state
right-of-way. Water services are proposed to be connected for Atlantica, located north
of George Bush Boulevard, between NE 6th Avenue (Northbound Federal Highway) and
NE th Avenue. The proposed water lines are tying into the existing water main on NE
6th Avenue. The water main is within the State right-of-way and the Florida Department
of Transportation requires the City to act as the utility permit applicant. The attached
agreement, which will be reviewed and approved by the City of Delray Beach City
Attorney, holds the City harmless for the work performed under the permit.
Also attached is a site location map.
If the attached agreement is acceptable, please place it on the July 25, 2006 meeting
for commission approval.
Enc
Cc Brian Shutt, Assistant City Attorney
Richard Hasko, Director of Environmental Services
Randal Krejcarek, City Engineer
Carolanne Kucmerowski
TAC File
Agenda File. July 25, 2006
S:\EngAdmin\TAC\Atlantica (US-1 & Geo Bush Blvd)\ho/d harmless agenda memo. doc
HOLD HARMLESS AGREEMENT FOR WORK
PERFORMED WITHIN THE STATE RIGHT-OF-WAY
THIS HOLD HARMLESS AGREEMENT is entered into this _ day of
, 2006 by and between the CITY OF DELRAY BEACH, FLORIDA,
(hereinafter referred to as "CITY") and LMC Development Delrav. LLC, (hereinafter referred
to as "DEVELOPER").
WIT N E SSE T H:
WHEREAS, DEVELOPER wishes to install/construct improvements in the right-of-
way of the State of Florida; and
WHEREAS, the CITY is required to sign the permit on behalf of the DEVELOPER to
allow the installation/construction to take place in the State right-of-way; and
WHEREAS, the CITY is required to indemnify and hold hannless the State for the work
performed by DEVELOPER in the State right-of-way; and
WHEREAS, this Agreement shall provide that DEVELOPER shall hold hannless and
defend the CITY and the State for the work performed in the State right-of-way by the
DEVELOPER, its contractor or agent.
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. DEVELOPER, in consideration of the payment ofTen Dollars ($10.00), receipt
of which is hereby acknowledged, agrees to defend, indemnify, and hold hannless the CITY and
the State, their agents, officers, employees and servants from any and all claims, suits, causes of
action or any claim whatsoever made, and damages, including, but not limited to reasonable
attorney's fees and costs at the trial and appellate levels, which may result from any activity
conducted by DEVELOPER, its contractors or agents in relation to the work performed in the
State right-of-way and as more particularly shown on the engineering plans submitted for the
development known as Atlantica.
3. DEVELOPER warrants and guarantees to the CITY that all work on the utility
improvement shall be constructed in accordance with the applicable codes of the City of Delray
Beach and the State of Florida. The DEVELOPER'S warranty and guarantee shall remain in
effect for one year from the date of final acceptance. Unremedied defects identified for
correction during the warranty/guarantee period but remaining after its expiration shall be
considered as part of the obligations of the guarantee and warranty. Defects in the installation or
construction of the utility improvement, which are remedied as a result of obligations of the
warranty/guarantee shall subject the remedied portion of the work to an extended
warranty/guarantee period of one year after the defect has been remedied. DEVELOPER shall
deliver this agreement to its Surety. The Surety shall be bound with and for the DEVELOPER
in the DEVELOPER'S faithful observance of the guarantee.
4. DEVELOPER, shall supervise and direct the installation and construction of the
improvement, applying such skills and expertise as may be necessary to perform the work in
accordance with the approved engineering plans. DEVELOPER shall be solely responsible for
the means, methods, techniques, sequences and procedures of the construction and installation of
the improvement.
5. Any claims, lawsuits or disputes that may arise under this Agreement shall be
governed by the Laws of Florida, with venue in Palm Beach County, Florida.
2
6. This Agreement constitutes the entire agreement and understanding of the parties,
as it pertains to the construction or installation of the utility. There are no representations or
understandings of any kind not set forth herein. Any amendments to this Agreement must be in
writing and executed by both parties.
7. DEVELOPER or its contractor shall maintain worker's compensation insurance
in an amount required by law and general liability insurance in the amount of one million dollars
($1,000,000.00) governing bodily injury and property damage in standard form, insuring CITY
and the State as' additional named insureds. DEVELOPER or its contractor shall provide this
information to the CITY on a Certificate of Insurance that is acceptable to the CITY, prior to
commencing installation or construction.
8. DEVELOPER shall be bound by all the terms and conditions found in the
General Use Permit Application between the CITY and the State for this project and attached
hereto as Exhibit "A".
9. This agreement shall not be valid unless signed by the City's Mayor and City
Clerk.
IN WITNESS WHEREOF, the parties hereto have entered into this agreement the day
and year first written above.
ATTEST:
By:
CITY OF DELRAY BEACH, FLORIDA
By:
City Clerk
Approved as to Form:
Jeff Perlman, Mayor
By:
City Attorney
3
WITNESSES
D
L
".
~k~
'..+(,'(.,'0... t!hcJe.s
(Print or Type Name)
0) ...:. c. . g...?-
E)c:"'" A. B",c-keJ~
(Print or Type Name)
President
(Print or Type Name)
Address: 621 NW 53rd Street, Suite 240
Boca Raton, FL 33487
''"'---
STATE OF FLORIDA
COUNTY OF PALM BEACH
. The foregoing instrument was acknowledged before me this ~ day of
f}~(1 \ , 2006 by G..cA.v'f R; -\Q. PrtS. (name of officer or agent, title of
officer or agent) of l...MC ~~...(o.ptv\~T &1(<1:1. LL..C (name of corporation
acknowledging), a f/oMC'A.. (state or place of incorporation) corporation, on behalf
of the corporation. He/She is oersonally known to me or has produced
(type of iden~i a. tion) as identification and did (did not) take
an oath. ~
....,...., MTRlCIA L RHODE
e: NaIIoy NlIIc. SlIIII Of F_ Signature of Notary Public-
. . c..- E.qliwI Fib 9. 2010 f'
ea......., DO 516780 State 0 Flonda
. BondId S, N_ NaIIoy ANn.
4
eX!-I/BIT
"A"
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY PERMIT
FORM 71Q-Q1Q-S5
UTILITIES
OGC-10f04
PERMIT NO.: t SECTION NO.: STATE ROAD US1 COUNTY Palm Beach
FOOT construction is proposed or underway. 0 Ves 10 No Financial Project 10:
Is this work related to an approved Utility Relocation Schedule? o Ves 10 No If yes. Document Number:
PERMITTEE: City of Delray Beach Utili Ie.
ADDRESS: 434 So Swinton Avenue 1 TELEPHONE NUMBER: (561) 243 -7303
CITYISTATE/ZIP: Delray Beach. FL 33444 1
The above PERMITTEE requests permission from the State of Florida Department of Transportation, hereinafter called the FOOT, to construct,
operate and maintain the following: 100 LFof 8" water main to connect to existing WM along the east side of US1-Federal Highway in Delray Beach
FROM: 01/01/06 I TO: 01/01/07
Submitted for the PERMITTEE by: Brian Beckers, Project Manager tK. C(./K ./ lJ3P/d.
Name and Title I
lTvoed or Printed Leaiblvl Signature Date
1. The PERMITTEE declares that prior to filing this application, the location of all existing utilities that it owns or has an interest in, both aerial and
underground, are accurately shown on the plans and a letter of notification was mailed on 12-2-05 to the following
utilities known to be involved or potentially impacted in the area of the proposed installation: Adelohia Bell South. Oelrav W&S.FPU.FPL.MCI.Palm
Beach Traffic,Proaress Telcom Quest Sorint WmtelCom LLC
2. The local Maintenance or Resident Engineer, hereafter referred to as the FOOT Engineer, shall be notified a minimum of forty-eight (48) hours
advance notification prior to starting work and again immediately upon completion of work. The FOOT's Engineer is
located at , Telephone Number
The PERMITTEE's employee responsible for Maintenance of Traffic is , Telephone Number
(Thi.s name may be provided at the time of the 48 hour notice prior to starting work).
3. All work, materials, and equipment shall be subject to inspection and approval by the FOOT Engineer.
4, All plans and installations shall conform to the requirements of the FOOT's Utility Accommodation Manual in effect as of the date this permit is approved by
FOOT, and shall be made a part of this pennit. This provision shall not limit the authority of the FOOT under Paragraph 8 of this Permit.
5. This PERMITTEE shall commence actual construction in good faith within 60 _ days after issuance of permit, and shall be completed within
356 days after the permitted work has begun, If the beginning date is more than 60 days from the date of permit approval, the
PERMITTEE must review the permit with the FOOT Engineer to make sure no changes have occurred to the Transportation Facility that would affect
the permitted construction.
6. The construction and maintenance of such utility shall not interfere with the property and rights of a prior PERMITTEE.
7. It is expressly stipulated that this permit is a license for permissive use only and that the placing of utilities upon public property pursuant to this permit shall
not operate to create or vest any property right in said holder, except as provided in executed subordination and Railroad Utility Agreements.
8. Pursuant to Section 337 .403( 1), Florida Statues, any utility plaCed upon, under, over, or along any public road or publicly owned rail corridor that is found by
FOOT to be unreasonably interfering in any way with the convenient, safe, or continuous use, or maintenance, improvement, extension, or expansion. of
such public road or publicly owned rail corridor shall, upon 30 days written notice to the utility or its agent by FOOT, be removed or relocated by such utility at
its own expense except as provided in paragraphs (a) and (b). and except for reimbursement rights set forth in previously executed subordination and
Railroad Utility Agreements, and shall apply to all successors and assigns for the permitted facility.
9. It is agreed that in the event the relocation of said utilities are scheduled to be done simultaneously with the FOOT's construction work, the PERMITTEE will
coordinate with the FOOT before proceeding and shall cooperate with the FOOT's contractor to arrange the sequence of work so as not to delay the work of
the FOOT's contractor, defend any legal claims of the FOOT's contractor due to delays caused by the PERMITTEE's failure to comply with the approved
schedule, and shall comply with all provisions of the law and the FOOT's current Utility Accommodation Manual. The PERMITTEE shall not be responsible
for delay beyond its control.
10. In the case of non-compliance with the FOOT's requirements in effect as of the date this permit is approved, this permIt is void and the facility will have to be
brought into compliance or removed from the right of way at no cost to the FOOT. except for reimbursement rights set forth in previously executed
subordination and Railroad Utility Agreements. This provision shall not limit the authority of the FOOT under Paragraph 8 of this Permit.
11. It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the State's right. title and interest in the land to be
entered upon and used by the PERMITTEE, and the PERMITTEE will, at all times. and to the extent permitted by law, assume all risk of and indemnity,
defend, and save harmless the State of Florida and the FOOT from and against any and all loss. damage, cost or expense arising in any manner on account
of the exercise or attempted exercises by said PERMITTEE of the aforesaid rights and privileges
12. During construction. all safety regulations of the FOOT shall be observed and the PERMITTEE must take measures, including placing and the display of
safety devices that may be necessary in order to safely conduct the public through the project area in accordance with the Federal Manual on Uniform Traffic
Control Devices. as amended for highways, the requirements of the Standard Application Package for railways, including flagging services and Railroad
Protective Insurance or acceptable alternative, when applicable, and the FOOT's latest Roadway and Traffic Design Standards and Standard Specifications
for Road and Bridge Construction, as amended. When a Utility deems it necessary to conduct Traffic Control activities and methods significantly different
from those addressed in the above references, the Utility must submit an alternative plan signed and sealed by a qualified registered Florida professional
engineer qualified to develop Traffic Control Planning in accordance with the provisions of the Utility Accommodation Manual, Chapter 8.
13. Should the PERMITTEE be desirous of keeping its utilities in place and out of service, the PERMITTEE, by execution of this pelTl'1it acknowledges its
present and continuing ownership of its utilities located between 310' N of Georae Bush Blvd, continuina 100' N
and US-1 on the east side within the FOOT's rights-of-way as set forth above. Whenever the
PERMITTEE removes its facilities, it shall be at the PERMITTEE's sole cost and expense, The PERMITTEE, at its sole expense, shall promptly
remove said out of service utilities whenever the FOOT determines said removal is in the public interest
14. In the event contaminated soil is encountered by the Utility or anyone within the pelTl'1itted construction limits, the Utility shall immediately cease work
and notify the FOOT. The FOOT shall coordinate with the appropriate agencies and notify the PERMITTEE of any suspension or revocation of the
permit until contamination assessment and remediation, as appropriate under Rule Chapters 62-770 and 62-730 Florida Administrative Code, has
progressed to a state that all environmental regulatory agencies having jurisdiction have approved the site of the contamination for resumption of work.
15, During excavation operations, an on-site representative of the PERMITTEE may be required to perform the following activities with respect to their own
facilities: physically expose or direct exposure of underground facilities, provide any necessary support to facilities and/or cover aerial facilities as deemed
necessary to aid construction.
16. Pursuant to Section 337.401 (2), Florida Statutes, the permit shall require the permit holder to be responsible for damage resulting from the issuance of
FORM 710-010-85
UTILITIES
OGe - 10104
the permit. The Department may initiate injunctive proceedings as provided in s.120.69 to enforce provisions of this subsection or any rule or order
issued or entered into pursuant thereto.
17. Pursuant to Section 337.402, Florida Statutes, when any public road or publicly owned rail corridor is damaged or impaired in any way because of the
installation, inspection, or repair of a utility located on such road or publicly owned rail corridor, the owner of the utility shall, at his or her own expense,
restore the road or publicly owned rail corridor to its original condition before such damage. If the owner fails to make such restoration, the authority is
authorized to do so and charge the cost thereof against the owner under the provisions of s.337.404.
18. Special FOOT instructions:
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY PERMIT
It is understood and agreed that commencement by the PERMITTEE is acknowledgment and acceptance of the binding nature of all the above listed
permit conditions and special instructions.
19. By the below signature, the Permittee hereby represents that no change to the FOOT's standard Utility Permit form, as incorporated by reference into
Rule 14-46.001, for this Utility Permit has been made which has not been previously called to the attention of the FOOT (and signified to by checking
the appropriate box below) by a separate attached written document showing all changes and the written and dated approval of the FOOT Engineer.
Are there attachments reflecting change/s to the standard form? lZINO 0 YES If Yes, pages are attached.
PERMITTEE
Richard C. Hasko, P .E., DIrector Envlro. Services SIGNATURE
Name & Title of Authorized Permittee or Agent
T ed or Printed Le Ibl
APPROVED BY:
District Maintenance Engineer or Designee
DATE:
DATE WORK STARTED:
DATE WORK COMPLETED:
INSPECTED BY:
(Permittee or Agent)
CHANGE APPROVED BY: I DATE:
District Maintenance Engineer or Designee
UTILITY PERMIT FINAL INSPECTION CERTIFICATION
II the undersigned PERMITTEE do hereby CERTIFY that the utility construction approved by the above numbered permit was inspected and installed in
accordance with the approved plans made a part of this permit and in accordance with the FOOT's current Utility Accommodation Manual. All plan changes
have been approved by the FOOT's Engineer and are attached to this permit. I also certify that the work area has been left in as good or better condition than
when the work was begun.
PERMITTEE:
SIGNATURE:
DATE:
Name & Title of Authorized Permittee or Agent
T d or Printed Le ibl
CC: District Permit Office
Permittee
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Date: Julv 12. 2006
AGENDA ITEM NUMBER: R
0,,1'; .
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Request to be placed on:
AGENDA REQUEST
-X-Consent Agenda _Regular Agenda _Workshop Agenda _Special Agenda
When: Julv 25, 2006
Description of Agenda Item (who, what, where, how much):
Commission approval/authorization for Mayor to execute hold harmless agreement
with Cityscape PDC, LLC for water service work performed within the state right-of-
way. Water services are proposed to be connected for Atlantica, located north of
George Bush Boulevard, between NE 6th Avenue (Northbound Federal Highway) and
NE 7th Avenue. The proposed water lines are tying into the existing water main on NE
6th Avenue. The water main is within the State right-of-way and the Florida
Department of Transportation requires the City to act as the utility permit applicant.
The attached agreement, which will be reviewed and approved by the City of Delray
Beach City Attorney, holds the City harmless for the work performed under the
permit.
Staff Recommendation:
(J:;tc ~J2
1-12......0(.,
Department Head Signature:
City Attorney ReviewlRecommendation (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:
N.A.
(if applicable)
City Manager Review: c'i""!;vl
Approved for Agenda:@/ No Initials: ~
Hold Until:
Agenda Coordinator Review:
Received:
S:\EngAdmin\TAC\Atlantica (us.! & Geo Bush Blvd)\hold harmless agenda.doc
MEMORANDUM
TO:
MAYOR AND CITY COMMISSIONERS
CITY MANAGERtll../1
AGENDA ITEM # <i? D - REGULAR MEETING OF JULY 25. 2006
SERVICE AUTHORIZATION NO. 1.5/PGAL. INC.
FROM:
SUBJECT:
DATE:
JULY 21, 2006
This is before the Commission to approve Service Authorization No. 1.5 to PGAL, Inc. in the
amount of $198,085.00 for basic construction administration, post occupancy services, additional
geotechnical services, material testing services, and threshold inspection services for the Old School
Square Parking Garage Project.
Construction administration and post occupancy services were listed as optional services in Service
Authorization No. 1.2; which was approved on September 20, 2005. The services totaled
$130,320.00. Additional geotechnical services consist of pre-construction condition survey,
subsurface investigation, vibration monitoring, ground improvement inspection, and boring
verification services. Concerns with the effects from vibro-flotation have recently developed due to
private development projects resulting in damage to neighboring properties due to insufficient
monitoring and testing. Therefore, the services are to monitor and control the impacts from using
the preferred compaction method of vibro-flotation, as well as, verifying the desired compaction
results. The cost for additional geotechnical services is $37,625.50. Material testing and on-site
threshold inspection services are needed to ensure the shell is constructed and erected per plan and
design specifications. The cost for material testing and inspection services is $30,140.00. The total
cost for all consultant related construction administration services is $198,085.00. Consulting fees
approved to-date total $465,189.00, this service authorization will increase the total to $663,274.00;
with the Guaranteed Maximum Price estimated at $15,708,412.64, consultant fees represent 4.2% of
construction costs.
Funding is available from 380-4150-572-63.29 (2004 G.O. Bond/Old School Square).
Recommend approval of Service Authorization No. 1.5 to PGAL, Inc. in the amount of $198,085.00
for basic construction administration, post occupancy services, additional geotechnical services,
material testing services, and threshold inspection services for the Old School Square Parking
Garage Project.
S:\City Clerk\agenda memos\SA 1.5 ass Parking Garage PGAL 072506
City Of Delray Beach
Department of Environmental Services
M
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A
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TO:
David T. Harden
City Manager d~
VictorMajte~~
Deputy Director of Public Utilities
www.mvdelravheach.com
FROM:
SUBJECT:
Old School Square Parking Garage (PIN 2004-044)
Agenda Item: Service Authorization #1.5 to PGAL, Inc. for
Construction Administration services.
DATE:
June 17,2006
Attached is a request for City Commission to approve Service Authorization #1.5 (Amendment 5 to Service
Authorization #1) to PGAL, me. for performing construction administration, post occupancy services, additional
geotechnical services, material testing services, and threshold inspections relating to the construction of the Old
School Square Parking Garage project, PIN 2004-044. Service Authorization #1.5 is in the net total of
$198,085.00.
Construction administration and post occupancy services were listed as optional services (to be approved at a
later date) in previously approved Service Authorization #1.2 (approved September 20, 2005). These services
totaled $130,320.00. Additional geotechnical services consist of pre-construction condition survey, subsurface
investigation, vibration monitoring, ground improvement inspection, and boring verification services. Concerns
with the effects from vibro-floatation have recently developed where on private development projects damage
was caused to neighboring properties due to insufficient monitoring and testing. Therefore, these services are to
monitor and control the impacts from using the preferred compaction method of vibro-floatation as well as
verifying the desired compaction results. Total cost for additional geotechnical services is $37,625.50.
Material testing and on-site threshold inspection services are needed to ensure the shell is constructed and
erected per plan and design specifications. The total cost for material testing and inspection services is
$30,140.00. The total cost for all consultant related construction administration services is $198,085.00
Consulting fees approved to date total $465,189.00. Approval of this Service Authorization will increase
consultant fees to $663,274.00. With the Guaranteed Maximum Price estimated at $15,708,412.64, consultant
fees represent 4.2% of construction costs.
Funding is available from Account # 380-4150-572-63.29, 2004 G.O. Bondi Old School Square, in the amount
of$198,085.00.
cc: Richard C. Hasko, P.E.; Director of Environmental Services
Randal Krejcarek; City Engineer/ ESD
Rafael Ballestero; Dep. Dir. Of Construction
City Clerks Office
Agenda File 07-25-06
Project File 2004-044 (A)
S:\EngAdmin\Projects\2004\2004-044\OFFIClAL\Agenda memo PGAL SA 1.5 07-25-06.doc
EXHIBIT "A"
Service Authorization No. 1.5
to the Agreement to Furnish Professional Services Dated 8/27/04
Between the City of Delray Beach, Florida and PGAL, Inc.
City P.O. Number:
City Project Number:
2004-044
Project Title: Design Services for Old School Square Parking Garage
General
This SERVICE AUTHORIZATION, when executed, shall be incorporated in and shall
become an integral part of the professional service agreement referenced above. Changes
in the indicated Scope of Services will be subject to renegotiation and implemented through
an Amendment to this agreement or an additional Service Authorization.
Project Description
The primary purpose of the project is to design, document and provide construction
administration services for a structured parking facility as shown on concept drawings
attached as Exhibits E1 thru E4. The structure shall be a maximum of 48' high, will
incorporate retail space at grade and be situated adjacent to the Old School Square Cultural
Arts Center in Delray Beach.
Scope of Services
The Basic Services work plan outlined below includes the Construction Administration/Post
Occupancy (Article III E - Construction Phase 5) and will be added to the basic services as
an optional service work authorization. Fees for the above services are detailed under the
Compensation to the Consultant paragraph. Other additional services may be requested at
the discretion of the City.
Basic Services include Architectural, Structurpl, Mechanical, Electrical, Plumbing, Fire
Protection, Landscape, Civil Engineering and Geotechnical Services.
Schedule
PGAL will commence work on the Basic Scope of Services described herein upon receipt of
a fully executed copy of this Specific Service Authorization from the CITY, which will serve
as the notice to proceed.
DFBI981040007/SET561.DOC
Depending on review time by the City and availability of stakeholders during the process, we
anticipate the following schedule:
Basic Services
Construction Administration and Geotechnical Services
Post Occupancy
10 months (maximum)
prior to warranty expiration
Assumptions
This scope of services is based on the following modifications to the Professional Service
Agreement:
1. III.E.8. "The Consultant shall evaluate and determine the acceptability of
substitute materials and equipment proposed by Contractors" or, as part of a
Value Engineering process, which is an additional service.
2. III.E.16. The Consultant shall provide copies of construction documents to the
Contractor or Owner as a reimbursable expense.
3. 1I1.E.17. The Consultant shall provide record drawings to the City as an additional
service. Record drawing information is furnished to the Consultant by the
Contractor and, as such, is not signed and sealed by the Consultant.
Compensation to the CONSULTANT
Compensation for all professional consulting services as described herein shall be on a
lump sum basis in accordance with Article VII.A.1 of the AGREEMENT.
Service Tasks and Fees are as follows: (Also see Attachment 1 to Exhibit A)
Phase 5 Construction Administration
Phase 5 Post Occupancy
Geotechnical Services
Total Optional Services
$125,980
$ 4,340
$ 67.765
$198,085
This service authorization for Basic Services is approved contingent upon the CITY's
acceptance of, and satisfaction with the completion of the services rendered in the previous
phases, as encompassed by the previous service authorizations. If the CITY in its sole
discretion is unsatisfied with the services provided in the previous phases or service
authorizations, the CITY may terminate the contract without incurring any further liability. The
CONSULTANT may not commence work on any service authorization approved by the CITY
to be included as part of the contract without a further notice to proceed.
OFB/981040007/SET561.DOC
2
Approved by:
CITY OF DELRAY BEACH:
Date:
Jeff Perlman
Mayor
Attest:
Approved as to Legal Sufficiency and Form
DFB/981040007/sET561.DOC
PGAL, INC. (Corporate Seal)
Ian A. Nestler, AlA, Principal
Witness
Witness
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged
before me this _ day of ,
200Q, by Ian A. Nestler. Principal. PGAL.
Inc., a Texas corporation, on behalf of the
corporation. He is personally known to me
and (did/did not) take an oath.
Notary Public
My Commission Expires:
State of Florida
(Seal)
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AGENDA REQUEST
Agenda Item No. Z:D
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda
Date: Julv 17, 2006
When: Julv 25, 2006
Description of item (who, what, where, how much):
Service Authorization #1.5 (Amendment 5 to Service Authorization #1) to PGAL, Inc. for performing
construction administration, post occupancy services, additional geotechnical services, material testing
services, and threshold inspections relating to the construction of the Old School Square Parking Garage
project, PIN 2004-044. Service Authorization #1.5 is in the net total of $198,085.00.
Funding is available from Account # 380-4150-572-63.29, 2004 G.O. Bond/ Old School Square, in the
amount of $198,085.00.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends approval of Service Authorization #1.5 to PGAL, Inc. for the
ro"","",," of ",0" s","" f'!''''Z'.
Department head Signatur~ -~ 7-/,f-c>>
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review~r d on all items involving expenditure of funds):
Funding available ES/ 0 (see above)
Funding alternativ (if applicable)
Account No. & Description 7;f!: - ~.- fl!j.";i - ~ Q.')S et!5''tJ
Account Balance J 19) 9 c1.. Iv. I- #/7 - aa tt 1 IN It) t;
City Manager Review: L ~ tS)>
Approved for agenda: (~/NO ~.
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
S:\EngAdminIProjects\2004\2004-044\OFFIC/ALlAgda Req PGAL SA 1.5 07-25-06.doc
II
CfTYCOM' :'M":1 ,8'5' 'IO"N' 'D'OCUM 'EN'TAT'I'O 'N' ,
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c!-
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II .
TO:
DA~R EN, ITV'MANAGER
PAUL DORLI G, AI P DIRECTOR OF PLANNING AND ZONING
7J(........?4
MARK MCDONNELL, A P, ASST. DIRECTOR OF PLANNING AND ZONING
THRU:
FROM:
SUBJECT: MEETING OF JULY 25, 2006
RENEWAL OF CONTRACT AGREEMENT WITH URBAN DESIGN STUDIO FOR
BEACH OVERLAY DISTRICT REVIEW SERVICES
II
BACKGROUND
The item before the Commission is the renewal and approval of a contract for review services. The
Beach Property Owners Design Manual for the North Beach and Seagate neighborhoods, was adopted
on March 15,2005. On August 10, 2005, a consulting agreement between the city and Urban Design
Studio was initiated to provide review services for single family development with these districts for
compliance with the design manual. The current contract is due to expire on August 10, 2006. This is a
request to renew the contract under the same conditions (same fee schedule) through August 10, 2007.
Two identical contracts have been executed by UDS are attached for renewal and full execution.
II
RECOMM.ENDATlON
Approve the attached contract effective through August 10, 2007.
Attachment: Partially executed contract(s) with Urban Design Studio
~E
CONSULTING AGREEMENT
TInS AGREEMENT made this day of , 2006 by and
between the CITY OF DELRAY BEACH (hereinafter called City) a Florida Municipal
corporation and Urban Design Studio, LLC (hereinafter called Consultant).
WITNESSETH:
WHEREAS, the parties desire to enter into an agreement to provide particular plan and
architectural review services to the City; and,
WHEREAS, the Consultant is experienced in providing the services required by this
agreement; and,
WHEREAS, the Consultant will provide all supplies necessary to provide the services
contained herein without reimbursement; and,
WHEREAS, the Consultant is engaged to perform the specific tasks contained herein.
NOW, THEREFORE, in consideration of the covenants set forth herein, the parties
agree as follows:
I. Recitals. That recitals set forth above are hereby incorporated, as if fully set forth
herein.
2. Performance. The Consultant shall perform all services with the highest level
of professional skill and competence and shall complete all services in an efficient and timely
manner and as required by this Agreement. Due to the time certain deadlines, services will not
begin until the Consultant receives a complete application as defined in Appendix B by items A
through D on Pages B-1 and B-2 of the Beach Property Owners Design Manual dated March 15,
2005.
/
3. Duties. Consultant's duties are as follows:
a.) Consultant shall perform standard architectural reVIew servIces as
follows:
Verification oflot/addresses pertinent to study area and specific districts;
Review of certified and sealed architectural plans and calculations;
Review of certified and sealed landscape plans and point calculations;
Review project for compliance with all Design Manual Regulations;
Review project for compliance with all Design Manual Guidelines and point
thresholds;
Verify completed application checklist;
Coordination with Planning Department and/or applicant on issues pertaining to
project;
Preparation of written notification and recommendations of all non-conforming
regulations or Design Guidelines where applicable;
Preparation of written "letter of compliance" for completed applications that meet all
the Regulations, Design Guidelines Thresholds, and Overall Design Intent for
buildings, landscape and site plan issues as outlined in the Beach Property Owners
Design Manual;
Review of recommended revisions (revisions must be provided within the designated
thirty (30) day time frame);
Coordination of correspondence material with appropriate departments, boards and/or
applicant;
Review of minor changes mandated by permitting.
b.) Additional services may be agreed upon, in writing, from time to time.
4. Term. This agreement shall commence on August 10, 2006 and shall expire on
August 10, 2007. This agreement may be terminated by either party by giving thirty (30) days
written notice to the other.
5. Compensation. During the term of this agreement, the Consultant shall be paid
a fee in the amount of $ 750.00 per review of "major renovation" or "new structure" projects".
Consultant shall only be paid this amount upon the completion of its review. If the review
,
involves repeated alterations to the plans whether based on comments by Consultant or from
changes made by the applicant, the Consultant shall submit a written authorization for
additional fees to the City for approval prior to performing services. Any review past the
/
allotted thirty (30) days will be considered a new application to which a new fee will be applied.
If this agreement is terminated, the City shall only be responsible to compensate Consultant for
fees billed up to the date of termination.
6. Relationship of the Parties. The parties intend that the Consultant, in
performing services specified in this agreement, shall act as an independent contractor and shall
not be deemed an agent, legal representative, joint venturer, partner, employee or servant of the
City of Delray Beach for any purpose. Consultant shall have sole control of the work and the
manner which it is performed. Consultant shall be free to contract for similar services to be
performed for other entities or persons while under contract with the City. Consultant is not
entitled to participate in any pension plans or other benefits provided by the City.
7. Compliance with Law. Consultant shall comply with all applicable laws, rules
and regulations, including, but not limited to applicable worker's compensation, employer
liability, Fair Labor Standards Act, and other federal, state, county and municipal laws,
ordinances, rules and regulations, as may be applicable.
8. Tues. Consultant shall be responsible for all federal, state or local taxes of any
kind which Consultant now or hereafter shall be liable for or required to pay either on its own
behalf on behalf of his employees or <In behalf of the City or otherwise, and shall pay all
penalties and interest thereon.
9. AssilJ'llment. This agreement is a personal service contract. An assignment of
the duties to be provided under this agreement shall require the prior written consent of the City.
10. Indemnification. .Consultant shall indemnify, defend and save the City, its
officers, employees and agents harmless from any and all taxes, penalties and interest, that is
claimed to be due, and claims, liability, and causes of action arising out of the willful, intentional
J'
or negligent performance of the duties covered by this agreement by Consultant or his officers,
agents or employees, and Consultant shall pay all claims and losses in connection with the
performance of this contract, including taxes, interest and penalties including, but not limited to,
all costs, judgments and attorney's fees at the trial or appellate levels.
II. Insurance. Consultant shall at his own expense, provide forms of insurance and
amounts of insurance as may be required by the Risk Manager for the City.
12. Notices. All notices shall be effective when mailed at the following addresses:
Urban Design Studio
477 S. Rosemary Avenue
Suite 225, The Lofts at City Place
West Palm Beach, FL 33401
Attn: Kenneth Tuma
City of Delray Beach
David H!lI'den, City Manager
100N.W.IstAvenue
Delray Beach, FL 33444
13. Goveminl!: Law; Venue. This agreement shall be governed by the laws of the
State of Florida and venue shall be in Palm Beach County, Florida.
14. Non-Discrimination. Consultant shall not discriminate on the basis of age,
religion, race, sex, marital status, or handicap in the performance of this Agreement.
15. Non-Exclusive. The provision of the services provided for herein is non-
exclusive. The City may retain additional entities or persons to perform the same or similar
work, if in its sole discretion the City desires to do so.
l
16. Entire Aereement; Modifications. This agreement constitutes the entire
agreement between the parties, and supersedes all previous discussions or previous writings
,,'
between the parties. No waiver, alteration, or modification of any of the provisions of this
agreement shall be binding, unless in writing and duly executed by the parties.
ATTEST:
CITY OF DELRAY BEACH, FLORIDA
By:
leffPerlman, Mayor
City Clerk
Approved as to Form:
City Attorney
By:
10
WITNESSES:
(Type or Print Name)
(Type or Print Name)
STATE OF 1L.RIDA-
COUNTY OF 'PAt.M eeM-1f
The foregoing instrument was acknowledged before me this ~day of
,Juq , 200k., by _k:FIJN~ C:. TU"'1A . as 1-lAN/lc"I-Jc, MP't....6j.S)L
(name of officer or agent, title of officer or agent), of UfL6AN 'l>esl"i '" "Sl1Jn/() LU'
(name of corporation acknowlr~?ing), a- ~PA LLc... (state or place of incorporation)
'w.pv,ul;vn, on behalf of the e81'1'1'l1I\t;Vll. He/-8fte. is personally known to me or has I'r8aliecd
(typP nf idsRtific:atioh) [\3 ideati:fieatien.
a{~U%"'tJlt--
Signature Person Takmg Acknowledgment
Name Typ d, Printed or Stamped
.
Title or R
Serial Num er, if any
\V
.P'~V.:~ !IAILY D. PfNNlNGTON
*~. . * MYCOUMISSION'DD512725
EXPIRES: Maroh 29, 2010
~1'qOF~~fi)~ BondedTIwBudgetNotaryServices
/
Page 1 of 1
Smith, Douglas
From: McDonnell, Mark
Sent: Thursday. July 20, 20069:48 AM
To: Smith, Douglas
Subject: RE: Agenda Item - Agreement with Urban Design Studio
Thanks.
,
~~
()4L ~-
17)~OO o V't1 v-al e~+.
~ ?ToR.s${~ ~/v"C<:3
~jJJL0-c.-e 4( 39/019 '6
Hi Doug,
The acct. number is
\
001251515 31.90
1\
Mark McDonnell, AICP. Assistant Director
City of Delray Beach
Department of Planning and Zoning
100 N.W. 1st Avenue
Deiray Beach, Fiorida 33444
ph-561-243-7046
fx-561-243-7221
mcdonnelltalci .del rav-beach. fl.us
-----Originai Message-----
From: Smith, Douglas
Sent: Thursday, July 20, 20069:28 AM
To: McDonnell, Mark
Subject: Agenda Item - Agreement with Urban Design Studio
Mark,
Can you provide an account number for the funding source of the renewal of the agreement with Urban Design Studio?
Thanks,
Doug Smith
Assistant City Manager
City of Delray Beach
100 NW First Avenue
Delray Beach, FL 33444
Phone: (561) 243-7144
Fax: (561) 243-7199
Email: smithd@ci.delray-beach.f1.us
~L<.J. ~ .~~ ~
\:)0 \ -~\\ 45lS' ,3\<;\C:> ~ l\<,~,,-
7/21/2006
MEMORANDUM
TO:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER UJC1
FROM:
SUBJECT: AGENDA ITEM # '8'~ - REGULAR MEETING OF IUL Y 25. 2006
REPORT OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
DATE:
JULY 21, 2006
Attached is the Report of Appealable Land Use Items for the period July 10,2006 through July 21, 2006.
It informs the Commission of the various land use actions taken by the designated boards that may be
appealed by the City Commission.
Recommend review of the appealable actions for the period stated. Receive and file the report as
appropriate.
S:\City Clerk\agenda memos\apagmcmo 072506
-_..
. ~ . . .. u., . __.... . . ..
DAVID T. HAROerU;ITY N ER
r~ -
JASMIN ALLEN, PLANNER ~~ (j.(fl6f\
MEETING OF JULY 25, 200 'CONSENT AGENDA'
REPORT OF APPEALABLE LAND USE ITEMS JULY 10, 2006 THRU JULY 21, 2006
TO:
THRU:
FROM:
SUBJECT:
The action requested of the City Commission is review of appealable actions which were made by
various Boards during the period of July 10, 2006 through July 21, 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 Planning and Zoning Board. The following items which
were considered by the Board will be forwarded to the City Commission for action.
. The following actions relate to the Transmittal of Comprehensive Plan Amendment 2006-1:
(a) Recommended approval (6 to 0, Eliopoulos stepped down), of a Future Land Use Element -
Addition of a description for the new Congress Avenue Mixed Use designation, including
provisions for maximum densities and intensities, workforce housing and a transit-oriented
development overlay near the tri-rail station;
(b) Recommended approval (6 to 0, Mark Krall stepped down), of a Future Land Use Element -
Amendment of Table L-7, Land Use Designation/Zoning Matrix, to accommodate the new
Congress Avenue Mixed Use designation;
(c) Recommended approval (6 to 0, Paul Zacks absent), of a Future Land Use Element -
Modification of Policy A-7.2 to include the provision of workforce housing in the Congress
Avenue Mixed Use designation;
(d) Recommended approval (6 to 0, Mark Krall stepped down), of a Future Land Use Element -
Modification of Policy A-7.4 to increase the time period for which workforce housing units,
constructed under the FamilylWorkforce Housing Program, shall remain affordable from 30 to
40 years;
(e) Recommended approval (5 to 0, Gary Eliopoulos and Mark Krall stepped down), of a Future
Land Use Element - Modification of Policy A-2.4 to reflect elimination of the potential for
automobile dealerships between NE 5th Street and George Bush Boulevard. This text
amendment is privately initiated in concert with the O. C. Taylor Dealership Future Land Use
Map Amendment; and
City Commission Documentation
Appealable Items Meeting of July 25, 2006
(f) Recommended approval (6 to 0, Paul Zacks absent), of a Future Land Use Element -
Modification of the description of the Commerce FLUM designation to include provisions for
residential development within a designated overlay district, subject to the provision of
workforce housing. This text amendment is privately initiated in concert with the Depot
property Future Land Use Map Amendment.
Recommendations on the following Amendments to the Future Land Use Map were also included
with Comprehensive Plan Amendment 2006-1 :
a) Recommended approval (5 to 0, Kincaid arrived late, Gary Eliopoulos stepped down), of a
City initiated in part and privately initiated in part, Future Land Use Map amendment from GC
(General Commercial) to CC (Commercial Core) and associated rezoning from GC (General
Commercial) in part and AC (Automotive Commercial) in part to CBD (Central Business
District) for the Federal Highway Area and including 700 & 707 NE 6th Avenue (former O. C.
Taylor dealership) and excluding the existing Delray Acura and Delray Hyundai Dealerships,
located between NE 4th Street and George Bush Boulevard and extending from the F.E.C.
Railroad to approximately Y, block east of NE 6th Avenue.
b) Recommended approval (7 to 0), of a City initiated Future Land Use Map amendment from
TRN (Transitional) in part, CMR (Commerce) in part, CF (Community Facilities) in part and
GC (General Commercial) in part to CMU (Congress Avenue Mixed Use) for 225.5 acres,
generally located south of West Atlantic Avenue to the L-38 Canal, between Congress Avenue
and the CSX Railway and including the Congress Park, Congress Park South and Office
Depot developments located on the west side of Congress Avenue.
c) Recommended approval (6 to 1 Johnny Kincaid dissenting), of a City initiated Future Land
Use Map amendment from County MR-5 (Medium Density Residential-5 units per acre) to City
LD (Low Density Residential 0-5du/ac) in part and MD (Medium Density Residential 5-12
du/ac) in part and associated annexation with rezoning from County AR (Agricultural
Residential) to City R-1-AAA Single Family Residential) in part and RM-8 (Medium Density
Residential-8 units per acre) in part, for an area comprising 13 acres, located on the west
side of Barwick Road, north of the L-31 Canal, adjacent to the Bexley Park Subdivision.
d) Recommended approval (6 to 0, Mark Krall stepped down), of a privately initiated Future Land
Use Map amendment from IND (Industrial) to CMR (Commerce) and rezoning from I
(Industrial) to MIC (Mixed Industrial and Commercial) for Depot Road Property comprising of
8.8 acres located north of West Atlantic Avenue between Depot Road and the CSX Railroad.
. Recommended approval (5 to 0 Mark Krall stepped down and Paul Zacks absent), of the
transmittal of entire Comprehensive Plan Amendment 2006-1.
. Recommended approval (6 to 0, Paul Zacks absent), of an amendment to the Land Development
Regulations Section 4.6.9(E)(3) relating to increases in the in-lieu parking fees.
A. Tabled with direction (6 to 0, Roger Cope absent), a request for a color change for the City of
Delray Beach Police Sub-station, located at the southwest corner of East Atlantic Avenue and
Ocean Boulevard.
2
City Commission Documentation
Appealable Items Meeting of July 25, 2006
B. Approved (6 to 0), a request for a color change for Tropic Harbor Condominiums, located on
the south side of Tropic Isle Drive, east of South Federal Highway (800 Tropic Isle Drive).
C. Approved (5 to 1, Dan Carter dissenting), a Class I site plan modification associated with
architectural elevations changes for Blue Fire (fka Tarpon Bend), located on the south side of
East Atlantic Avenue, east of SE 2nd Avenue (290 East Atlantic Avenue).
D. Approved with conditions (5 to 0, Dan Carter stepped down), a Class V site plan, landscape plan
and architectural elevation plan associated with the construction of 33 multiple family dwelling
units for Island Air, located on the east side of North Federal Highway, north of George Bush
Boulevard. Concurrently, the Board approved (4 to 1, Christina Morrison dissenting) an internal
adjustment to reduce the required building separation from 25 feet to 13 feet for buildings # 2 and
#5.
E. Approved with conditions (6 to 0), a Class IV site plan, landscape plan and architectural elevation
plan associated with the construction of a 2-story 82,915 sq. ft. new sales building and a 3-story
171.425 sq. ft. new service building for Delray Toyota, located at the southwest corner of South
Federal Highway and La Mat Avenue.
No Regular meeting of the Historic Preservation Board was held during this period.
By motion, receive and file this report.
Attachment: Location Map
3
CITY OF DELRAY BEACH, FLORIDA
- City Commission Meeting -
JUL Y 25, 2006
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--D1GITALBASEMAPSYSTEM--
MEMORANDUM
TO:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~1
AGENDA ITEM # ~G - REGULAR MEETING OF JULY 25. 2006
AWARD OF BIDS AND CONTRACTS
FROM:
SUBJECT:
DATE:
JULY 21, 2006
This is before the City Commission to approve the award of the following bids:
1. Contract award to Chaz Equipment Company, Inc. in the amount of $1,185,514.00 for the A-1-A Water
Main Upgrade Project. Funding is available from 442-5178-536-65.27 (Water/Sewer Renewal &
Replacement Fund/Water Main SR AlA - Atlantic Ave. to Pelican) and 442-5178-536-65.28 (Water/
Sewer Renewal & Replacement Fund/Water Main SR AlA - Casuarina Rd. to Atlantic Ave.)
2. Purchase award to CDW-G in the amount of $46,000.00 for the purchase of 200 additional Citrix
Licenses to allow the IT Department to install and update software from a centralized point. Funding is
available from 334-6112-519-34.90 (General Construction Fund/Other Contractual Services).
3. Purchase award to Kilpatrick Company in the amount of $17,853.36 via the expired Florida State
Contract #515-630-03-1 for the purchase of one (1) Smithco Spray Star Model 1600p Sprayer for the
Municipal Golf Course. Funding is available from 445-4761-572-64.90 (Delray Beach Municipal Golf
Course Fund/Other Machinery/Equipment).
4. Contract award to Red Wing Shoe Store at an estimated annual cost of $66,775.00 via the Brevard
County Proposal #/Title P-2-06-19 for the purchase of safety shoes for City Employees. Funding is
available from various departments' operating expense budgets.
5. Contract award to B.K. Marine Construction, Inc. in the amount of $36,245.00 for the City Marina and
Veterans Park Dock Repair Project. Funding is available from 551-1575-591-45.50 (Business Insurance
Fund/Property Claims).
6. Contract award to Staffing Connection/Action Labor in the estimated annual amount of $190,000.00
for a two (2) year term to provide school crossing guards and supervisory services for the Police
Department. Funding is available from 001-2115-521-34.90 (General Fund/Other Contractual Services).
7. Contract award to Asphalt Consultants, Inc. in the amount of $1,377,027.00 for the Country Club Acres
Infrastructure Improvements Project. Funding is available from 334-3162-541-65.86 (General
Construction Fund/Country Club Acres), 441-5161-536-65.86 (Water/Sewer Fund/Country Club
Acres), and 448-5461-538-65.86 (Stormwater Utility Fund/Country Club Acres).
8. Contract award to Ron Bell, Inc. in the amount of $146,290.00 for the re-roofing of the Delray Beach
Police Department Headquarters building which was damaged by Hurricane Wilma. Funding is
available from 551-1575-591-45.50 (Business Insurance Fund/Property Claims)
Recommend approval of the above bids and purchases.
S:\City Clerk\agenda memo\Bid Memo 072506
City Of Delray Beach
Department of Environmental Services
M E M 0 RAN
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www.MyDelrayBeach.com
TO:
David T. Harden, City Manager
FROM:
William A. Grieve, P.E., Assistant City Engineer <-0o.G,
DATE:
July 17, 2006
SUBJECT: SR A1A (OCEAN BLVD.) WATER MAIN UPGRADE
Project # 2002-023
Commission Agenda Item
The attached agenda item is for Commission approval/authorization for the Mayor to execute a
construction contract with Chaz Equipment Co., Inc. for the construction of water main
improvements on SR A1A (Ocean Blvd).
The work generally consists of the following: Construction of approximately 7,800 linear feet of 8
inch PVC water main, connection of existing water services, and relocation of fire hydrants. This
project also includes cleaning and grubbing, sodded swale, asphalt trench repair, concrete and
asphalt driveway apron replacement, and maintenance of traffic.
The cost of project is $1,185,514.00. A complete Bid Tabulation is attached.
Funding is available as follows:
Funding Source Account Number
Balance Contract
Water Main SR A 1 A - 442-5178-536-65.27
Atlantic Ave to Pelican
Water Main SR A1A - 442-5178-536-65.28
Casuarina Rd. to Atlantic Ave
Total
$692,271.00 $692,271.00
*$493,243.00 *$493,243.00
$1,185,514.00
* Following Budget Transfer
Location map is attached.
Please place this on the July 25, 2006 commission agenda.
enc
Cc. Richard Hasko, P.E., Director of Environmental Services
Joseph Safford, Finance Director
Carolanne Kumerowski, Agenda Coordinator
Agenda file
File 2002-037
S:lEngAdminIProjectsI200212002-02310FFtCfAL 17-25-06 agenda memo. doc
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MEMORANDUM
TO:
FROM:
David T. Harden, City Manager
Guy Buzzelli, CIO b
Joe M. saffo*ector of Finance
THROUGH:
SUBJECT:
Citrix Presentation SeNer Licenses
DATE:
July 6, 2006
Item Before Commision:
The City Commission is requested to approve the purchase of 200 additionai Citrix Presentation SeNer
Enterprise 4.0 user licenses in the amount of $46,000 per quote by COW-G. This request is in association
with the continuing process of converting and upgrading the City's network. The last license purchase
was on August 17, 2004. The City Commission approved the renewal of 40 Citrix Licenses and the
purchase of 70 additional Licenses.
Proposals were requested and received as follows:
Vendor Amount Total
CDW-G $ 46,000.00
PCUniverse $ 54,200.00
Syntax $ 55,800.00
Backaround:
We are currently in the process of converting and upgrading the City's network from its current Client
SeNer environment, where files are stored on the File SeNer and the software resides on each user's
workstation, on the Citrix Presentation SeNer the files and software will be stored on the File SeNer. This
system will facilitate software management and significantly minimize hardware replacement
requirements resulting in a longer client workstation Iifecycle. The City will also be upgrading those
current users of Citrix Presentation SeNer Enterprise 4.0 requiring these additional licenses. This project
is to continue to add licenses to complete the Farm.
Recommendation:
IT recommends purchasing the Citrix Presentation Server Enterprise 4.0 from COW-G. Compared to the
quotes from the other vendors (attached), CDW-G offers the best rates.
Funding from account #: 334-6112-519-34.90
Please forward this information to the City Commission for their review and approval.
Encl: Vendor Quotes
Regular Commission Meeting, August 17, 2004 - Agenda Results
cc: Candice Ewing, Administrative Assistant
~G.;L
Ewing. Candice
From:
Sent:
To:
Subject:
mikezor@cdwg.com
Wednesday, July 05, 2006 10:09 AM
Ewing, Candice
CDW-G Quote CLD5247
Thanks for the opportunity!
Mike Zorica
--------------------------------------------------------------------------------
This e-mail best viewed in a fixed font such as Courier.
CANDICE EWING
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#:
7/05/2006
CLD5247
CITRIX ENT
4541334
QUOTE
Payment Terms: Request Terms
Shipped Via: DROP SHIP-GROUND
================================================================================
QTY
ITEM
DESCRIPTION /MFG. PART NUMBER
UNIT PRICE
EXT. PRICE
200 831208
CITRIX GSA PRES SVR 4 ENT ED 1U
CXG-MW24PSE0001-G
Contract: GSA SCHEDULE
GS-35F-0195J
230.00
46000.00
Subtotal
Freight
Sales Tax
Total
46,000.00
.00
.00
46,000.00
----------------------------------------------------------------------
----------------------------------------------------------------------
Ship To:
CITY OF DELRAY BEACH
100 NW 1ST AVE
BARBARA FLYNN
DELRAY BEACH FL 33444-2612
Bill To:
BARBARA FLYNN
100 NW 1ST AVE
DELRAY BEACH FL 33444-2612
----------------------------------------------------------------------
----------------------------------------------------------------------
If you find any discrepancies or I can be of further assistance, please let me know.
MIKE ZORICA
Direct line:
Fax Number:
E-Mail :
866-339-3535
312-705-8218
mikezor@cdwg.com
----------------------------------------------------------------------
----------------------------------------------------------------------
Click here to purchase, amend or view this quote via your CDWG@work extranet:
http://www.cdwg.com/r.asp?n=27145&cdwquotenumber=CLD5247
Please note that you will need a user name and password for our site in order to log on
to your CDWG@work extranet. Need one? Get one at:
http://www.cdwg.com/eaccount
1
For future reference, you may also use your extranet to view your order history and the
status of all of your CDW-G orders. You can also use your extranet to view your quote
history or retrieve new quotes.
CDW-G(r)
The Right Technology. Right Away. (tm)
www.cdwg.com
Corporate Headquarters:
230 N. Milwaukee Avenue
Vernon Hills, Illinois 60061
1-800-808-4239
Business Hours:
Monday-Friday, 8am-7:30pm CT
Will Call Pick Up Hours:
Monday-Friday, 8am-7pm CT (Vernon Hills)
Closed
Saturday, 9am-2pm CT (Vernon Hills)
Sunday,
All information subject to CDW-G1s terms and policies.
For more details, contact a CDW-G account manager or go to
http://www.cdwg.com/r.aSp?n=18531
Form: OE400E
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I Syntax I
QUOTE
Syntax, Inc.
] 295 Bandana Boulevard North
Suite] 25
St. Paul, MN 55] 08
Phone: (651) 641-]550
Fax: (651) 641-]572
ORDER NUMBER: 0017257
DATE: 7/5/2006
SALESPERSON: RHS
TERMS: Net 30 Days
SHIP VIA:
CUSTOMER PO#: 200 PS4- E
BILL TO: SHIP TO:
City of Delray Beach
100 NW 1st Avenue MIS
Altn: Accounts Payable
City of Delray Beach
100 NW 1st Avenue MIS
Altn: Candice Ewing
Delray Beach, FL 33444
Delray Beach, FL 33444
CUSTOMER NO: 20-ClTYOOl CONFIRM TO:
II E\I M \mER Qn ])[SCRII'IIW\ PRI( I," \\101 1'\ I
CITRIX PRESENT A nON SERVER 4.0
ENTERPRISE VERSION LICENSING
MW24PSEOOO]
200.00 Citrix Presentation Server, Enterprise Edition for Windows 3.0/4.0
-xl Concurrent User Connection Pack w/Subscription Advantage
$279.00
$55,800.00
Acceptance oltbis proposal, via signature or associated purchase order, shall be considered an acceptance of Syntax, Inc. 's
Standard Terms and Conditions, a copy of which has been provided to the undersigned.
Client Signature
Date
Net Order:
Less Discount:
Freight
Sales Tax:
$55,800.00
$0.00
$0.00
$0.00
$55,800.00
Order lotal:
MEMORANDUM
FROM:
TO: David Harden, City Manager
Jacklyn Rooney, Purchasing Manager r-
THROUGH: Joseph Safford, Finance Director
DATE: July 18,2006
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING
JULY 25, 2006 - PURCHASE A WARD - ONE (I) SPRAY
STAR MANUAL SPRAY RIG WITH MANUAL CONTROL
SYSTEM AND ELECTRIC BOOM FOR THE GOLF COURSE
Item Before Commission:
City Commission is requested to approve award to the Kilpatrick Company for the purchase of
one (1) Spray Star 1600P Manual Control System Sprayer with individual Boom Control System
for the Delray Beach Municipal Golf Course for the total amount of $17,853.36.
Background:
The Golf Course has two spray rigs used between Delray Beach Municipal Golf Course and
Lakeview Golf Course and one is ten (10) years old and needs to be replaced with a primary
sprayer.
The Golf Course is recommending the purchase of one (I) Smithco Spray Star Model1600p with
a manual control system, electric lift, check valves and a stainless steel spray boom for the total
of $17,853.36 via the Florida State Contract #515-630-03-1. This contract expired on May 16,
2006, but Kilpatrick Company will extend to the City of Delray Beach this State Contract
pncmg.
Hector Turf has submitted a quote for a similar spray system for $19,125.48 (see attached quote
dated July 10, 2006). This sprayer from Hector Turf has a different type of transmission. See
attached quotes received from Kilpatrick Company and Hector Turf.
The Delray Beach Municipal Golf Course recommends award to Kilpatrick Company per
attached Purchase Order Request Form dated June 20, 2006.
Recommendation:
Purchasing staff recommends award to Kilpatrick Company for the purchase of one (I) Smithco
Spray Star Model 1600p sprayer for the Golf Course for the total of $17,853.36. Funding from
account code 445-4761-572-64.90.
Attachments
'6 c; ,3
07/05/2005 14:51
5512437385
DELRAY BEACH GOLF
PAGE 02/04
R \'d' &"6\
Memo
To; Paul MaIats
FIl'Om:Tom Arendt
cc:
Date: 5/10106
R8I Capitol Purchase for Delray maintenance.
We have budgeted $60,000 for equipment purchase at the Delray course.
We use two spray rigs between Delray and Lakeview. One of these is 10 years old
and needs to be replaced as a primary sprayer.
~ We recommend the purchase of a Smithco Spray Star moclel1600p with a manual
. control system. The spray boom will be stainless steel with check valves and electric
lift.
The cost for this machine is $17,853 induding assembly and delivery. Attached is a
quote based upon the Florida State Contract 515-630-Q3-1.
(list price is $20,431)
This year we have purchased a pull behind rough mower and a tractor for Delray for
a cost of $29,000. We have purchased a drag brush at a cost of $2,935. We also
l'1ave requested a PO for a $6,500 purchase of a blower.
Total Capitol
$60,000 Delray
We have spent a total of $38,500 leaving us with $21,500 in our capitol reserve.
This spray rig purchase will leave us wit~
~ t ~S \.8>
~ e. V" CD D \.er .(.. tv\.i Sc. 1o~ (\)01- ~ CL......t oJ-.
. Page 1
~.",.~"l
. 111.1
~ . i"i .~
ill
Jt~minlUl" of: Qual'.iDlI.Y
7700 High 1Ii4p Rood
Boy..." Belldl, Fhlr1d4 Q$A JS4t6
(561) 5JJ"1450 (800) 782-7J99
(561) SJJ.1500 FAX
www.kUpatrlckco.co...
"Specialists in Irrigation, Landscape, Turf Care, Commerical Products & Equipment"
dill KlljHltrkk C4111pany
DocWllQnt: Quot~
trPC Vendor tnvoic:. Dtle.
000000
fO Dau po.
04/18/0,
O~er j
124250-00
Page #
1
~~t. 'I 127260
B~ll To: OELRAY BEACH MUNICIPAL GOLF CO
2200 HIGHLAND AVE.
Cgtre.po=dRce ';1;'0 f THE X:a:t.P"-'1'lU'CK COMPANY, INe.
7700 HIGH RIDGE RO~
nELRAY BEACH, FL 33445
SO=~ SllACIl, FL 3342,
Ship To: 1JELPJI."( DUeH MDN'ICIPAL GOLF CO
2200 HIGH~ ~V!_
D!LRAY BEACH, FL 33445
In8buet.iona
Based on St4ta Contract
Slt:i.p :Point
KI~PA~XCR TORF RQOIPMENr
vi.
UPS GROUND
SbipP4<l
.......
""" 30
Produ.ctc
Ln. And Cescrip~iQQ
UI'C
11:OIlIft
QuantH.y
ordered
Qull1lItity
!!I.C.
Qu,arl.t1ty Qt:y.
S1d.J.'Pect 't1M
lJ'n1t
Pde~
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-.
(....)
.*~..~****.**.***..*.................**..*....**..*.*.......
*****..***..*...*..**..........*..*www~.....................
-*
TOM,
ALL ITEMS LISTED BELOW ARS PRICtO !.\SED ON FLORIDA
STATE CONTRACT 515-630-03-1
THANK YOO,
JOE
.............***...........*............................7'.'
....*...**._~.**...............................*....*......*
1 SMl1,ICP 00000 1
SPRAY STAR 1~OOP Manual Control
MANUAL SPRAY COm'ROL SYSTEM, INDIVIDUAL BOOM CONTROL
SYSfBM. OPnATEO 01/06.
2 SM!15493 00000 1
SPRAY BOOM wi Diaphragm Cheak Valve
STAINLBSS STEEL. 18 FEET il..:BCTRrC r.,U''1'. UPDATED 01/0G.
EA
1,372.00
EA
13,00
14243.,4
EA
3456.00
EA
13.00
3006.72
:2 LinGs Total
Qty Shipped Total
2
Total
FACTORY FR'I',
ASS:EK8LY
Xnvoice Total
17250.36
345.00
258.00
178'3.36
'J(
')toJ:.t C\,,0A.cf YJ~'l1..J-: 11\Cl'd 11,) of,
~) ~J-~ VJ;u1kQ~ (fN-U(J
( 7//7/0&') ,
& IrrigatWn Supply . Kilpatrkk IIltematWnal . Kilpatrick Turf Equipment
t.an Page
Kilpat/'ick Irrigation .
ffilMS.liNOCQNDITIO$OI'$AL.!: l)A 'JO%illlfllonfl(ara16lifl&.OO%PllfllR#lltGMl:OcllIIDtwlllioM....,pIfItiIlIlIll.-blllllW'llftmlla..oIlrMiCe.2)llLPJtIlCICIP\IlIiIttrN.~"lnI!l'Ul.'IlInI,raneclwliahm&yt.MnlbtDuyet;~&liIIY~tfI
Duy~lil~1C6o/"'l9trl1land~QtllI~lf1I:!dIXlIIll!ll.3)AlICIIMltIIur'fhll_D'lck~III'Ie,lI'Idlil'llhaly~tIllIIeIdlII"'.._r/lclln.l'E:qI,IIpm......~1ll~OI'wIMll.eIwIIhouII'llll:teLMM~tIPIIi!1lSGllr,JlWallllllilllrM/Il~IlIIlIIIII!lllilllll
nl!~bf5alor1l...llll~4),I,114aI..Md~M11If1M1tCtIl......I'Il:I~~I'~IIOlOar.&)NrlIIlrMI'lltilSeIllf__be~lIl~orOOltd~...\llIIWIylll1ld:lr.l;aaflnid...pnlllu/:l.I....btfoj!MtccOII'lIoftneDU;ll''<ICIOn~~~DIlVtla~lIItIU1t
1MnoI'19G:1~M1l1f""""'<l'omlllld.5}l..W1lOlIIIlII1IrwIM~mell8llttl'!oIprlll1UCl8....Ilt''O'b.pQlrtf)llfl\:mnl.1)'''''dIInlbl'Slr,llrlDDlmklalll'J~lnllll__~'''tIlIpnlll/flllldll:l..~alb~1Il!Itl181ll'1&IcIlcJMlIcIn~0I..P/!IdUCIIIl'l'tl8
lllt:,er,8U'l'tftllCOlplorP"1~d!lltttnllhDmlndlllal1111h~fIIlUAd~In4A'/I'Il\'tfll'l'tIlmfOIWl'l.,..'l,lChd...,I_IIl~ll:IlItjafl~lI\leM~'OI'MSilltrllOlaorCllih''lllhn15da'1S'-"'1lIC!1__t)lllO'll''''~~~coIteb_.
Pu"lttn:lbJltglaW"/l1ltIi8llY'41Q11111d>cllllllwgnl..)FI~tlJmlll:DmrW.IlIb."*'lCIpriot~a1llJllelltr.N1re"m~lImutllllllnltl~UII1llIIIanIlWf~AlII'11b.rmIllO!lll'/llllbll..roll!O\l.~l!IIllDlWladll'lhl...lneHialMillalml/llM.It.
10)TItJl!ItIawr,enlrtl\tDl"orcc'UCltIl~edll'l"latlocloWlllWltflllll"""TIWi Illl\IiIIIldICllm*"hJ, ml'rll1lhlll1y0lM'Wldtdllldlill1M ~1lIlId1n "'.,iI,
600/100 ~ o~ ~JPllldm om m 199 m co: C1 NOW 90061 W LO
MEMORANDUM
TO:
David Harden, City Manager
THROUGH:
Patsy Nadal, Buyer
----::s"
Joseph Safford-:-Fmance Director
FROM:
DATE:
July 18, 2006
SUBJECT:
DOCUMENTATION - CITY COMMISSION MEETING
July 11, 2006 - Award Contract via Brevard County
Proposal #ffitle #P-2-06-19 Safety Shoes
Item Before Commission:
City Commission is requested to approve award of a contract for the purchase of safety
shoes for City employees to the Red Wmg Shoe Stores via Brevard County Proposal
#ffitle #P-2-06-19 Safety Shoes. Contract effective date 06/22/06, ending 06/21/07 with
two (2) one (1) year renewals. The estimated annua1 usage is $66,775.00 for the City of
Delray Beach.
Background:
The City of Delray Beach has a need for an annual contract for the purchase of safety
shoes as stated in Article #23 of ffiF&O Bargaining agreement, Section 2, Safety and
Health, for approximately 309 employees. These safety shoes are available via Brevard
County Proposal #ffitle #P-2-06-19 Safety Shoes awarded to Red Wing Shoe Stores
05/18/2006, effective date 06/22/2006 ending 06/21/2007 with options of two (2) one (1)
year renewals.
Red Wing Shoe Stores has agreed to extend to the City of Delray Beach the same terms,
conditions and pricing of the Brevard County Proposal #ffitle #P-2-06-19 Safety Shoes
per attached letter dated July 18, 2006.
Recommendation:
Purchasing Staff recommends award to Red Wmg Shoe Stores via Brevard County
Proposal #ffitle #P-2-06-19 Safety Shoes at an estimated annual cost of$66,775.00.
Funding from various department's operating expense budgets. Contract effective date
06/22/06, ending 06/21/07 with two (2) one (1) year renewals.
Attachments: Brevard County Award, Dated 05/18/2006
Proposal #ffitle #P-2-06-19 Safety Shoes
Red Wing Shoe Stores Piggyback Approval
Cc: Jackie Rooney, Purchasing Manag~
~G:+
SAFETY SHOE CONTRACT 2006
Brevard Contrect - Proposal #/TIlle P2-06-19
AREA/DEPARTMENT
Delray Beach Golf Club
Lakeview Golf Club
Fire Dept. OPS
FS
HB
Environmental Services
Water Distribution
Wastewater Collection
Water Maintenance
Lift Station Maintenance
Water Treatment Plant
Environmental Compliance
Public Works Building Maintenance
City Garage
Lighting Maintenance
Parking Maintenance
Storm Water
Street Maintenance
Traffic
Parks & Recreation Beatification Fund
Cemetary Maintenance
Parks Maintenance
Cultural & Facility Maintenance
Recreation
Finance Department Utilities Customer Service
ACCOUNT NUMBER
Annual Estimate
445-4714-572-52.22
446-4714-572-52.22
001-2315-526-52.22
001-2317-522-52.22
001-2313-522-52.22
441-5111-536-52.22
441-5123-536-52.22
441-5141-536-52.22
441-5143-536-52.22
441-5144-536-52.22
441-5122-536-52.22
441-5124-536-52.22
001-3431-519-52.22
501-3341-591-52.22
001-3142-541-52.22
001-3151-545-52.22
448-5416-538-52.22
001-3113-541-52.22
001-3141-541-52.22
119-4144-572-52.22
001-4511-539-52.22
001-4131-572-52.22
001-4138-572-52.22
001-4126-572-52.22
441-5112-536-52.22
1,380.00
575.00
21,660.00
1,200.00
3,690.00
400.00
2,850.00
3,950.00
950.00
3,300.00
3,925.00 375.00
1,000.00
2,200.00
200.00
200.00
880.00
2,200.00
1,100.00
1,260.00
540.00
9,540.00
2,340.00
80.00
980.00
66,775.00
Jul 18 06 0336p
Red Wing Shoes
5614710344
p2
07/18/2006
To the City of Delray Beach, Fl.
The Red Wing Shoe Store will honor the terms and prices of the Brevard County
P2-06-] 9 Safety footwear bid to the City of Delray Beach FL.
]fyou have any questions, contract Michael Coonerty, at (561) 471-0382_
,
I
I
Michael Coonerty
Red Wing Shoe Store. Independently Owned & Operated. 2505 G Okeec~ob.. Blvd. . West Palm Beach. FL 33409
Tel, 561-471-0382 . Fa", 561-471-0344 . Cell, 561-685-0559 . E-mail.s~..manrw@aol.com
81450
8RE!VAA
FLO~DA~SPACECOAST
~-\'Q5'~
' I' . '1_":'
,L ',~, ,"_:
',r''f .'''' \'~
!' ..' .-. ~i
'I ,. f'
~i, 1I!;'-JiI.
~~~
Central ServIcIn Group
PurchaSing ServIces
272fj Judge Fran Jamieson WB/f, Suite C303
Viera, FL 32940
Phone (321)617-7390
Facsimile (321) 617-7391
Facsimile (321) 6373302
NonCE OF AWNW
DATE: MAY18,2006
PROPOSAL fI11TLE: Pl2-G6-19
SAFElY SHOES
Red Shoes YES
Safely Shoe DislJiJukIIs YES
Lehigh Sarety Shoes YES
PgJ lion
Corp NO
Lawmen's Shoolers' .Inc. NO BID
Harrison NO BID
BOARDAW~ATTACHED
y,.,dadal$7O,ooo.eo per)'9Br
delleo do 'l/ 00 quantity and ~ of
stiles pinel ~duri1glerm of
.yee..lElIll. SlytesvalY In cost
AU.
NOIE
NOIE
NOIE
....
(XI
APPROVED AWftro (NON-BOARD J\GENOI\):
(Pw _IILE. & IIJ. &.J.., IICCo2I, PROCUREMENT
(XI
o
o
Award to Ovelall.oNesl, most ResponsNe, ninirnlm ttvee bids received.
Award to other than low, with low bid being 11OIHeSpollSive: (oopy to MalIBQEl1)
REASON FOR NO'l-RESf'ONSI\
Award to low bid, less than three lespons ~s received: (oopy to Mal IBQElI)
REASONFORlESS~ THREERESPONSES
~-------------------------------------------------------~-----------------------
AWARDED BvA COMMITTEE CONSlsnNG OF: Michael FItzgerald, Solid Waste; Ed Maurer, Mosqulto
ConIroI; Mke MaIavoIIa, Water Rescu1les; Shirtey Agde, Facilities; ScoIl Wallace, Parks and ReaeatiOl ~ and
ChartesAngel, RDad and Bridge
FORPU~~~~:
'S ANNUAL BID:
EFFECTIVEDATE~ ENDlNGDA~
I:] ~~8~~rra:,;JlIN~ . One l1hearranewals
SPECIAL INSTRUCTIONS TO AW~ VENDOR:
181 Please provide llllItiIIcate oflnst.ra1ce.
o Please provide peIfon ,lance and payment Ixnls as required. r
o OTHER:
REVIEW ~ lAR
VUII Lot VV 11.""'/,;;\
I'QU VVIII~ ......IIVQ>:l
oJ\.) 1"'1"1 IVv""""
...~
. .~;!:?~~~~~:.....
RE. .~.'~:.. ~:':lSI'G
. ';a: ~
5;.;.0 S
.'jI.,,,,,.;.ooo
...~f,.~~ Since 1905
I-'.~
I
I
I
,
RED WING SAFETY FOOTWEAR
WORX SAFETY FOOTWEAR
""D"I .......
Style PrIce 0"
9117 144.99 115.99
9118 14'Ui 119.ll9
2ZOlI 179.99 1"".ll9
2207 218.89 1715.ll9
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3508 229.99 183.99
3526 159.99 127.99
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441. 178.9ll 143.99
441. 249.lllI 198.99
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4441 204.99 1_
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11650 144.99 115.99
6659 .49.99 11ll.ll9
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6667 149.99 11ll.89
6638 1All.99 119.89
6_ 139.89 111.ll9
6880 184.99 125.00
6&B1 159.99 125.00
611I2 159.99 125.00
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6781 169.99 135.99
6781 179.99 143.99
-- 1~
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5315 1104.99 103.-49
5316 1204.99 112-49
5325 144,99 130.-49
~ 1504.99 139.-49
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5346 1204.99 11249
I34a 1304,99 121.-49
- 1104.99 103-49
- 124.99 11249
- 94.99 85.49
5381 94.99 85.-49
6364 94.99 85.49
Ii366 129.99 118.99
5388 1304.99 121.-49
5370 1104.99 103.49
5371 114.99 103.49
5371 119.99 107.99
53M 94.99 85.49
53M 94.99 85,49
- 119.99 107.99
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- 114.99 103.49
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5413 99,99 89.99
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5455 1104.99 103.49
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5455 1204.99 112.49
5488 1204.99 112.49
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1101 109.99 911.99
1102 109.99 911.99
1103 94.99 85.49
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5II1J 94.99 85,49
1109 109.99 911.99
913 114.99 103.49
1125 109.99 98,99
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6513 89.99 62.99
8550 89.99 62.99
88lI3 89.99 62.99
581. 89.99 80,99
592. 79.99 7Ue
5925 89.99 62.99
City Of Delray Beach
Department of Environmental Services
M E M 0 RAN
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www.mydelraybeach.com
TO: David Harden, City Manager
FROM: Bob Diaz, Constructi .
SUBJECT: CITY MARINA & VETERANS ARK DOCKS (PIN 2006-030)
Commission Agenda Item, Contract Award
DATE: JULY 19, 2006
Attaehed is an Agenda Request for City Commission to approve and award a eontraet to B.K. Marine
Construetion, Ine; apparent low bidder due to ]aek of bid responses (eontraetor work ]oads) regarding the
hurrieane damage repair to the City Marina and Veterans Park Doeks, Projeet No. 2006-030.
The work eonsists of repair and restoration of the City marina doek including the deek surfaee, ladders,
cleats, dolphin and marginal doek piles, wood eross beams, fenders, pile spall repairs, doek boxes and
baekfill repairs.
Veterans Park will include repairs to eonerete piles, deck surfaees, ladders, fenders, dolphin piles, cleats,
and the seawall eap.
Staff solieited quotes from three ]oea] vendors speeializing in marine type work and that have previously
performed satisfaetory work for the City. B.K. Marine was the only respondent. Spreadsheet attaehed for
your referenee.
Staff reeommends City Commission award a eontraet to B.K. Marine Construetion, Ine. in the amount of
$36,245.00.
Funding is available from aeeount 55]-]575-59]-45.50, Property Claims.
cc: Richard Hasko; Director of ESD
Randal Krejcarek; City Engineer
Rafael Ballestero. Dep. nir. of Construction
Robin Cox; Risk Management
City Clerks Office
Agenda File 7/25/06
File 2006.030(A)
S:\EngAdmin\Projects\2006\2006-030\OFFIClAL\Agda Memo B.K. Marine 07.25.06.doc
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Delray Beach
Police Department
300 West Atlantic Avenue
Delray Beach, Florida 33444-3695
(561) 243-7888 Fax (561) 243-7816
DELRAY BEACH
~
AII.America City
'1IIt~
Joseph L. Schroeder
Chief of Police
2004
1993
2001
MEMORANDUM
TO:
David Harden
City Manager d
Tina 1. Lunsford~
Administrative Officer
FROM:
DATE: July 17,2006
SUBJECT: AGENDA REOUEST
Attached is the Agenda Request for the City Commission meeting on July 25, 2006. This request is to
approve the agreement between the City of Delray Beach and Staffing Conneetionl Aetion Labor to
provide sehool erossing guards and supervisory serviees necessary to satisfy the requirements of the City
of Delray Beaeh Sehool Crossing Guard Program. The agreement is valid for 2 years with an option to
renew for two (2) one year terms.
Legal Advisor Catherine Kozol has reviewed the agreement and approved it (see attachment)
The City of Delray Beach eost of $]4.66 per hour, per this agreement, is less than the following awarded
bids for the same service through Staffing Conneetion:
City of Boynton Beaeh
Palm Beach Gardens
Bid #009-221O-06/JA $] 6.68 per hour
RFP #205-006 $] 6.68 per hours.
]nitially, funding will be provided by transferring the part-time Crossing Guard salaries out of 00]-21 ]5-
52]-13.10,21.10 F]CA, 24.10 Workers Compensation and 25.10 Unemployment Compensation into 00]-
2] ] 5-52] -34.90. Approximate eost for FY 05/06 is $36,3] ] .04 (see attaehed spreadsheet). Funding was
included in the 06/07 Budget in 00] -2] ] 5-521-34.90 to eover the eost of the program. Ordinanee No. 8-
06 amending Chapter 71 "Parking Regulations" enaeting Seetion 71.006 "Sureharge on Parking Fines" in
the amount of $5.00 eaeh was also passed to assist with cost associated with the School Crossing Guard
Program. Trust Fund Aecount #] ] 5-0000-35] -10.06 was ereated for the colleetion of the fines.
Should you require further information, please eontaet me at ex!. 7852.
TLLlrmh
Attaehment
ee: Chief Joseph 1. Schroeder
Carolanne Kuemerowski, Agenda Coordinator
Patsy Nadal, Purehasing
Serving with P.R.I.D.E.
Professionalism, Respect, Integrity, Diversity and Excellence
<6G ,\0
,).-
, ...
~~~
,()OLl0~
Delray Beach
Police Department
300 West Atlantic Avenue
Delray Beach, Florida 33444-3695
(561) 243-7888 Fax (561) 243-7816
Joseph L. Schroeder
Chief of Police
MEMORANDUM
TO:
FROM:
David T. Harden, City Manager
Joseph L. Schroeder, Chief of Poli
DATE: August 8, 2005
SUBJECT: OUTSOURCING - SCHOOL CROSSING GUARDS
~~
......
A11'Aml~"CI\y
, , III!
2004
1993
2001
Il!eEIVED
AUG 9 - 2005
CJn MANAGER
We are currently in the process of hiring replacement and additional crossing guards for the
coming school year. At this time we have 15 of the 22 positions filled and we are finding it
extremely difficult to fill the remaining vacancies. As a result of the difficulties we have
experienced, both in previous years and with this upcoming year, we have researched a
possible alternative solution to our situation. D1at solution would be to outsource our crossing
guards.
Why js it so difficult to find guards? We have found that some of the reasons given by folks for
not wanting to be crossing guards range from the hours of the day, weather, and of course,
wages. Regardless of the reason, those pOSitions must be filled when school is in session,
whether we fill these positions with crossing guards or police officers. Obviously, it is far better
for us to use crossing guards for this role versus police officers.
Our research led us to Staffing Connections, out of Pompano Beach, Florida. This company
basically takes over the recruitment, testing, hiring, training and assignment for all crossing
guard positions within our city. It would be Staffing Connection's rasponsibility to ensure that all
positions are covered and should a vacancy occur, they would fill that position.
Staffing Connections currenlly provides this service to 18 Municipalities between Palm Beach
and Broward counties. The cities of Boynton Beach, Palm Beach Gardens, and Jupiter all
utilize this company. Each of these cities indicates a high level of satisfaction with the job
performance of Staffing Connections.
The hurdle that we must overcome is one of cost. We currently expend between salaries, FICA,
workers compensation, unemployment and uniforms and equipment a total of $141,789.00
annually. In addition, we estimate that Community Service Officer Chris Blake spends 60% of
his daily duties on crossing guard issues. This equates, in dollars, to another $23,537.00. This
brings the total City expenditure on crossing guards to $165,326.00. The proposal from Staffing
Connections is $195, 560.00, a difference of $30,254.00.
This additional cost can be justified if we consider the true cost associated with the crossing
guard program. We currently expend police officer time to train and recertify guards. We
currently deploy police officers or community service officers to cover vacancies created by
Serving with P.R.I.D.E.
Professionalism, Respect, Integrity, Diversity and Excellence
..
,.
SUBJECT: OUTSOURCING - SCHOOL CROSSING GUARDS
August 8, 2005
Page 2
illness, vacation or resignation. We currently expend time in the recruitment, testing and hiring
of crossing guard applicants. So, in addition to the actual dollars identified previously, we do
spend a significant amount of unseen dollars.
In addition, from a practical standpoint, we are experiencing signifieantdifficulty in recruiting and
hiring crossing guards. Two of the current vacancies are carryovers from last year that we were
never able to fill. We now have seven vacancies with six applications on hand, two of which do
not qualify. The job of simply getting the crossing guards on board has become extremely
difficult and time consuming.
I would ask that you consider the proposition of contracting with Staffing Connection to fill our
crossing guard commitment. By increasing the number of guards on station, and eliminating the
multitude of ancillary requirements placed on the Police Department, the cost difference will be
negligible. In the long run, we will meet our crossing guard requirements more efficiently and
effectively.
Your consideration in this matter is greatly appreciated.
JLS/ppt
Attachment
AGREEMENT BETWEEN THE CITY OF
DELRA Y BEACH AND STAFFING
CONNECTION/ACTION LABOR
MANAGEMENT, LLC FOR SCHOOL
CROSSING GUARDS
THIS AGREEMENT, made as of ,2006 by and
Between THE CITY DELRA Y BEACH, OF PALM BEACH COUNTY,
FLORIDA, a municipal corporation organized and existing under the
laws of the State of Florida and STAFFING CONNECTION/ACTION
LABOR MANAGEMENT, LLC.
WITNESSETH:
WHEREAS, THE CITY OF DELRA Y BEACH is desirous of providing
for the satisfaction of its school crossing guard program through an
independent labor contract agreement; and
WHEREAS, STAFFING CONNECTION/ACTION LABOR is in the
business of providing various labor forces, including, but not limited to school
crossing guard services, with appropriate certifications, and
WHEREAS, the parties are desirous of memorizing the terms of their
agreement;
NOW, THEREFORE, in consideration of the mutual covenants herein
contained, the legal sufficiency of which is hereby acknowledged, the parties
agree as follows:
L SCHOOL CROSSING GUARDS: STAFFING CONNECTIONI
ACTION LABOR shall provide the school crossing guard and supervisory
services necessary to satisfy the requirements of THE CITY OF DELRA Y
BEACH, School Crossing Guard Program as set forth herein.
STAFFING CONNECTIONI ACTION LABOR (hereinafter known as SCG)
shall provide the following minimum personnel, at the locations and during
the times herein described, for the consideration hereinafter set forth.
(a) number of guards- 18 guards
(b) number of supervisory personnel - 1
(c) locations and times (See Attachment "A")
PAGE 2
THE CITYOF DELRA Y BEACH reserves the right to require more or less
Crossing Guards services upon (3) days' written notice, specifYing its needs.
All current guards, in good standing with THE CITY OF DELRA Y BEACH
shall have first opportunity for continued employment with STAFFING
CONNECTION/ACTION LABOR.
Background Checks and Drug Testing will be done on all guards employed
by STAFFING CONNECTION/ACTION LABOR.
All new crossing guards shall be trained and certified according to the
Ramon Tumquest School Crossing Guard Act. All new crossing guards will
receive 8 hours of training before being assigned to actual duty. All guards
shall be retrained and re-certified on an annual basis.
"STAFFING CONNECTION agrees to meet the guidelines as set forth in
the Delray Beach Police Department General Order 1903 "School Crossing
Guards" in reference to Authority, Responsibility and Qualifications and
Selection Criteria."
STAFFING CONNECTION/ACTION LABOR is an Equal Opportunity
Employer and does not and will not discriminate against any person,
employee, or applicant for employment, because of race, creed, color,
religion, sex, national origin, ancestry, age or disability.
2. DUTY HOURS & LOCATIONS: STAFFING CONNECTION/
ACTION LABOR shall provide the personnel described above during
school hours and at all posts as deemed necessary by the School District of
PALM BEACH COUNTY and THE CITY OF DELRA Y BEACH. THE
CITY OF DELRA Y BEACH shall establish and change the duty hours, as
well as locations, by written directive, which shall become effective on the
date set forth in such written directive, provided that such date shall not be
sooner than three (3) business days from the date of the written directive.
PAGE 3
3. CONSIDERATION: STAFFING CONNECTION/ACTION LABOR
shall be compensated for the services provided hereunder in accordance with
the hourly rate. STAFFING CONNECTI ON/ACTION LABOR
shall be solely responsible for and shall provide for the payment of
workers compensation insurance coverage and premiums, with
holding taxes, FICA, benefits, if any, all remunerations; all labor contract
compliance, and all other charges. (See Attachment "B")
STAFFING CONNECTIONI ACTION LABOR is being retained as an
Independent Contractor and acknowledges this Agreement does not create
any employment relationship with THE CITY OF DELRA Y BEACH. THE
CITY OF DELRA Y BEACH shall bear no responsibility for any such
charges, fees, permits, and the like associated with the employment of such
personnel.
STAFFING CONNECTIONI ACTION LABOR acknowledges
that THE CITY OF DELRA Y BEACH is contracting for the full crossing
guard services for the hours and at the described locations stated in the
Agreement. STAFFING CONNECTION/ACTION LABOR shall provide
qualified personnel at each post during the prescribed post hours.
4. TRAINING AND SUPERVISION: STAFFING CONNECTIONI
ACTION LABOR shall provide the training and certification of all guards.
STAFFING CONNECTION/ACTION LABOR represents that it is a
qualified trainer and shall provide personnel meeting these training
and certification standards set forth in Section 234.302, Florida
Statutes. STAFFING CONNECTIONI ACTION LABOR shall maintain at
all times during the term of this Agreement sufficient backup personnel.
THE CITY OF DELRA Y BEACH shall pay the hourly rate as set forth in
the Contract, for yearly classroom retraining of applicable personnel.
STAFFING CONNECTION/ACTION LABOR shall provide the services
set forth in the contract, which is incorporated herein.
Copies of Certificates/Re-certifications will be provided to the CITY OF
DELRA Y BEACH, for all crossing guards, on an annual basis and as new
employees are hired and trained.
PAGE 4
5. UNIFORM: THE CITY OF DELRA Y BEACH shall turn
over equipment after inventory to STAFFING CONNECTION/ACTION
LABOR for continued usage. All personnel shall wear dark slacks, skirts
or shorts and a white top with appropriate photo ID badge. At all times
during the performance of their duties, all personnel shall dress in a clean
and neat manner. STAFFING CONNECTION/ ACTION LABOR shall
provide equipment replacement responsibility as needed.
6. COMPORTMENT; CHANGE OF PERSONNEL: At all
times when such personnel are working in THE CITY OF DELRA Y
BEACH whether or not on duty, such personnel shall comport themselves in
a manner which will not bring disrespect upon THE CITY OF DELRA Y
BEACH or STAFFING CONNECTION/ACTIONLABOR, or call into
question the competence or demeanor of such person relative to the
performance of School Crossing Guard Service, which, by its nature,
requires such personnel to come into contact with minors. At its sole
discretion, with or without cause, THE CITY OF DELRA Y BEACH
reserves the right to require the replacement of any personnel upon not less
than three (3) business days' written notice, setting forth the name ofthe
person to be replaced, or in the absence of a name, the description and
location of the post location.
7. DUTY ROSTER: STAFFING CONNECTION/ACTION LABOR
shall provide the CITY OF DELRA Y BEACH with the names of each
individual employed as a school crossing guard and the location of such
individual's post location. Such roster shall be provided on a weekly basis
as of Friday of the week preceding.
8. TERM: This Agreement shall commence on the
Day of 2006, and shall terminate on the Day of
2008. THE CITY OF DELRA Y BEACH shall have the
option to renew the Agreement for two (2) one year terms. In the event the
CITY OF DELRA Y BEACH exercises the option to renew, it shall provide
written notice 30 days prior to end of the contract period.
9. BILLING: STAFFING CONNECTION/ACTION LABOR shall
provide an invoice to THE CITY OF DELRA Y BEACH on a weekly basis,
and the same shall be satisfied within (30) days.
PAGE 5
10.TERMINATION: Either party may terminate this Agreement on
written notice, provided that the services hereunder shall not be terminated
until (30) days subsequent to the date of such written notice.
11.INSURANCE: STAFFING CONNECTION/ACTION LABOR
shall provide liability insurance coverage, written with such insurance
carriers as THE CITY OF DELRA Y BEACH shall reasonably approve, for
Personal Injury and Property Damage. Comprehensive General Liability
Insurance must be written on the comprehensive form of policy. The policy
must contain minimum limits of liability as follows or $ 1,000,000
Combined single limit; Bodily Injury of $ 1,000,000 and Property Damage
of $ 500,000 each occurrence.
Employer's Liability Insurance required $ 1,000,000, Workers
Compensation Insurance statutory requirements. All insurance policies
must be issued by companies authorized to do business under the laws of the
State of Florida. The companies must be rated no less than "B+" as to
management and no less than "Class V" as to strength by the latest edition
of Best's Insurance guide, published by A.M. Best Company, Olwick, New
Jersey, or its equivalent, or the companies must hold a valid Florida
Certificate of Authority as shown in the latest "List of all Insurance
Companies authorized or approved to do Business in Florida,"
Issued by the State Of Florida Department ofInsurance and are
members of the Florida Guaranty Fund.
All required policies of insurance shall contain a provision or endorsement
that the coverage afforded shall not be cancelled, materially changed or
renewal refused until at least 30 calendar days written notice has been
given to THE CITY OF DELRA Y BEACH by certified mail. STAFFING
CONNECTION / ACTION LABOR shall submit prior to commencement of
any work, a Certificate of Insurance showing THE CITY OF DELRA Y
BEACH as additional insured.
All required insurance shall expressly preclude any underwriter's rights of
recovery or subrogation against the CITY OF DELRA Y BEACH with the
express intention of the parties being that the required coverage's protect
both parties as the primary insurance for any and all losses covered by the
Above described insurance.
PAGE 6
The clauses "Other Insurance Provisions" and "Insured Duties in the Event
of an Occurrence, Claim or Suit" as they appear in any policy of insur.mce in
which THE CITY OF DELRA Y BEACH is named as an additional insured
shall not apply to THE CITY OF DELRA Y BEACH. STAFFING
CONNECTION/ACTION LABOR shall not commence work under the
contract until it has obtained all of the minimum insurance required herein.
ST AFFJNG CONNECTION/ACTION LABOR agrees to perfonn the work
Wlder the contract as an independent contractor, and not as a subcontractor,
agent or employee of the CITY OF DELRA Y BEACH. Violation of the
terms of the Paragraph and its sub-parts shall constitute a material breach of
the Agreement by STAFFING CONNECTJONI ACTION LABOR and at the
City's sole discretion, cancel the Agreement and all rights, title and interest
of ST AFFTNG CONNECTIONI ACTION LABOR shall thereupon cease
and terminate.
12.INDEMNIFICATION AND HOLD HARMLESS AGREEMENT
STAFFING CONNECTION/ACTION LABOR hereby agrees to indemnify,
hold harmless and release the THE CITY OF DELRA Y BEACH, hereinafter
referred to as "City", and its officers, agents, servants, or employees from
and against any and all liability, claims, demands, damages,
expenses (including attorney's fees), fees, costs, fines, penalties, suits,
proceedings, actions and causes of action of any kind and nature arising
from, or in any way connected with the performance of this agreement.
PAGE 7
TIlE CITY OF DELRA Y BEACH reserves the right to select its own
counsel to conduct any defense in any such proceedings and all costs and
fecs associated therewith, shall be the responsibility of the CONTRACTOR
under the indemnification agreement sct forth herein.
Nothing contained herein is intended nor shall it be construed to waive THE
CITY OF DELRA Y BEACH rights and immunities under the common law
or Florida Statue 768.28, as amended from time to time.
13.NON-ASSIGNABILITY; This Agreement or any portion hereof
shall not be assigned or transferred by either party without the written
consent of the other party.
14.CONSTRUCTlON: This Agreement and the terms hereofshall be
construed in accordance with the laws of the State of Florida and venue
for all actions in a court of competent jurisdiction shall lie in PALM
BEACH COUNTY, FLORIDA.
IS.NON-DISCRIMINATION AND EQUAL OPPORTUNITY
EMPLOYMENT: During the performance of the Agreement
STAFFING CONNECTION/ACTION LABOR shall not discriminate
against any employce or applicant for employment because of race, religion,
color, sex or national origin. ST AFFlNG CONNECTION/ACTION
LABOR shall take affmnative action to ensure that employees are treated
without regard to their race, color, creed, sex, or national origin.
16. TERMINA TION FOR CAUSE AND DEF AUL T: In the event that
STAFFING CONNECTION/ACTION LABOR shall default in any of the
tenns, obligations, restrictions or conditions of the contract docwnents,
THE CITY OF DELRA Y BEACII shall give written notice to STAFFING
CONNECTION/ACTION LABOR, by certified mail, return receipt
requested, of the default and that such default shall be corrected, or actions
taken to correct the default shall be commenced with seven (7) calendar days
thereof.
PAGE 8
In the event STAFFING CONNECTION/ACTION LABOR has failed to
correct the conditions of default or the default is not remedied to the
satisfaction of THE CITY OF DELRA Y BEACH; THE CITY OF DELRA Y
BEACH shall have all legal remedies available to it, including but not
limited to, the termination of the Contract, in which case STAFFING
CONNECTION/ ACTION LABOR shall be liable for any damages
permitted by law arising from the default and breach of the Contract.
I 7. TERMINATION FOR CONVENIENCE OF THE CITY OF
DELRA Y BEACH, PALM BEACH COUNTY:
Upon seven (7) calendar days written notice, delivered by certified mail,
return receipt requested to STAFFING CONNECTIN/ACTION LABOR,
THE CITY OF DELRA Y BEACH may, without cause and without
prejudice to any other right or remedy, terminate the contract for THE CITY
OF DELRA Y BEACH convenience whenever THE CITY OF DELRA Y
BEACH determines that such termination is in the best interest of THE
CITY OF DELRA Y BEACH. Where the Contract is terminated for the
convenience of THE CITY OF DELRA Y BEACH, the notice of termination
must state that the Contract is being terminated for the convenience of THE
CITY OF DELRA Y BEACH under the termination clause and the extent of
the termination. Upon receipt of the notice of termination, STAFFING
CONNECTION/ACTION LABOR shall promptly discontinue all work at
the time.
1 8. FUNDING: In the event that sufficient budgeted funds are not
available for a new fiscal period, THE CITY OF DELRA Y BEACH shall
notifY STAFFING CONNECTION/ACTION LABOR of such occurrence
and the Contract shall terminate on the last day of the current fiscal period,
without penalty or expense to the CITY OF DELRA Y BEACH. Payment
of all outstanding invoices must be paid to STAFFING CONNECTION
prior to this agreement.
I9.RIGHT TO AUDIT: THE CITY OF DELRA Y BEACH has the
right to audit STAFFING CONNECTION/ACTION LABOR'S records as
such records relate to the services and the Agreement between THE CITY
OF DELRA Y BEACH AND STAFFING CONNECTION/ACTION
LABOR. All records shall be kept in a way so as to permit inspection
pursuant to Chapter 119, Florida Statues.
PAGE 9
The records of STAFFING CONNECTION/ACTION LABOR shall be
retained in accordance with the provisions of Chapter 119, F.S.
20.ATTORNEY'S FEES: In the event that legal action is taken to
enforce this Agreement, the prevailing party shall be entitled to recover
its reasonable attorneys' fees, including attorney's fees at all appellate
levels, and other costs and disbursements, in addition to any other relief
to which the prevailing party is entitled.
21.0CCUPATIONAL LICENSE REQUIRED: STAFFING
CONNECTION/ACTION LABOR has the proper occupational license to
commence any work under the Agreement
22.JOINT PREPARATION: The preparation of this Agreement has
been a joint effort of the parties, and the resulting document shall not,
solely as a matter of judicial construction, be construed more severely
against one of the parties than the other. It is the parties further intention that
this Agreement be construed liberally to achieve its intent.
23.COUNTERPARTS: This Agreement may be executed in one or
more counterparts, each of which shall be deemed to be an original, but
all of which shall constitute one and the same Agreement.
24.NOTICES: Except as provided above, whenever either party desires
to or must give notice to the other, it must be given by written notice, sent
by certified U.S. Mail, with return receipt requested, addressed to the party
for whom it is intended, at the place last specified and the place for giving
of notice in compliance with the provisions of this paragraph. For the
present, the parties designate the following as the respective persons and
places for giving of notice:
CITY:
STAFFING
CONNECTION:
PAGE 10
CITY OF DELRA Y BEACH
Carole S. Greenich, Manager
1280 South Powerline Road # 25-26
Pompano Beach, PI. 33069
PAGE 11
25.CONFLICT: In the event of any conflict between any provisions of
this Agreement and any provisions in the exhibits hereto, the parties agree
that the provisions of this Agreement are controlling.
(This space left intentionally blank)
PAGE 12
IN WITNESS WHEREOF, THE CITY OF DELRAY BEACH AND STAFFING
CONNECTION/ACTION LABOR has signed this Contract in triplicate.
THIS AGREEMENT will be effective on
,2006
CITY OF DELRA Y BEACH
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM AND LEGAL SUFFICIENCY;
City Attorney
STAFFING CONNECTION/ACTION LABOR
Karen Hoover, President and CEO
PAGE 13
State of Florida
County of Palm Beach
The foregoing instrument was acknowledged before me, the undersigned Notary
Public in and for the State of Florida, on this, the _day of , 2006,
City Of Delray Beach and Mayor, respectively.
NOTARY PUBLIC
SEAL OF OFFICE
Notary Public, State of Florida
Printed, typed or stamped name of Notary
Public exactly as commissioned
Individuals who signed are:
_Personally known to me, or
Produced identification:
(type of identification produced)
CONTRACTOR
State of
County of
On this, the _day of 2005, before me, the undersigned Notary Public
Of the State of , the foregoing instrument was acknowledged
By (name of corporate officer) (title), of
(name of corporation), a (state of corporation)
Corporation, on behalf of the corporation.
WITNESS my hand
And official seal
Notary Public, State of
Printed, typed or stamped name of
Notary Public exactly as commissioned
PAGE 14
_ Personally known to me, or
Produced identification:
(type of identification produced)
Attachment A
Crossing Guard Locations and Times
Atlantic High School Times # Guards Times # Guards
Locations: W. Atlantic/12 Ave 06:40 - 07:15 1 14:50 - 15:30 1
W. Atlantic/AHS 06:40 - 07:15 2 14-50 - 15:30 2
W. Atlantic/Congress W 06:40 - 07: 15 1 15:35 - 16:20 1
W. Atlantic/Congress E 06:40 - 07:15 114:50-15:30 1
Banyan Creek Times # Guards Times # Guards
Locations: Barwick Rd/Lake Ida Rd 07:20 - 08:35 2 14:15 -14:50 2
1100 Barwick Rd Eastside 07:20 - 08:05 1 13:50 - 14:35 1
Barwick Rdl Atlantic Northside 08:20 - 09:05 1 15:35 - 16:20 1
Carver Middle School Times # Guards Times # Guards
Locations: Barwick Rd/Atlantic Souths ide 08:20 - 09:05 1 15:35 - 16:20 1
Barwick Rdl Atlantic Northside 08:20 - 09:05 1 15:35 - 16:20 1
Orchardview Times # Guards Times # Guards
Locations: Old Germantown Rd/Blood Grove 07:15 - 08:05 1 13:45 - 14:30 1
Lintonl Old Germantown N 07: 15 - 08:05 1 13:45 - 14:30 1
Lintonl Old Germantown S 07:15 - 08:05 1 13:45 -14:30 1
Pine Grove Times # Guards Times # Guards
Locations: 600 SW 10th St 07:20 - 08:05 1 13:45 - 14:30 1
400 SW 10lh St 07:20 - 08:05 1 13:45 - 14:30 1
1100 SW 4th Av 07:20 - 08:05 1 13:45 -14:30 1
Plumosa Times # Guards Times # Guards
Locations: 1700 NE 2nd Av 07:20 - 08:05 1 13:45 - 14:30 1
1700 N. Swinton Av 07:20 - 08:05 1 13:45 - 14:30 1
Spady
Locations: NW 8th Av/NW 3rd St 07:20 - 08:05 113:45-14:30 1
NW 10th Av/NW 3rd St 07:20 - 08:05 1 13:45 - 14:30 1
NW 10th Av/NW 2nd St 07:20 - 08:05 1 13:45 - 14:30 1
Village Academy Times # Guards Times # Guards
Locations: 400 SW 12th Av E 07:00 - 08:05 1 14:30 - 15:30 1
Attachment B
PRICING PROGRAM FOR THE CITY
OF DELRA Y BEACH
CURRENT RATE OF PAY FOR 18 CROSSING GUARDS
$ 8.89 PER HOUR
PROPOSED BILL RATE FOR 18 CROSSING GUARDS
THROUGH STAFFING CONNECTION:
$ 14.66 PER HOUR (This includes a
cost of living increase
for all guards)
PROPOSED BILL RATE FOR 1 SUPERVISOR THROUGH
STAFFING CONNECTION:
$ 15.84 PER HOUR
REGULAR GUARDS ARE PAID FOR 3-4 HOURS PER DAY
A SUPERVISOR WILL BE PAID FOR 4-5 HOURS PER DAY
FEE PACKAGE COVERS THE FLOOWING: EMPLOYEE'S
SALARY, FICA TAXES, WORKER'S COMP PACKAGE. OUR
ADMINISTRATIVE FEE COVERS BACKGROUND AND DRUG
TESTING, RECRUITMENT, TRAINING, PAYROLL DISTRIBUTION,
YEAR END TAX FORMS AND DAILY PROGRAM MANAGEMENT.
THIS ALLOWS THE PROGRAM TO BE RUN SMOOTHLY AND
BE FULLY STAFFED.
Message
Page I of 1
Lunsford, Tina
From: Kozol, Catherine
Sent: Monday, July 17, 20062:27 PM
To: Lunsford, Tina
Subject: RE: Staffing Connection Contractor
Hi Tina-
I have reviewed the contract for the City and Staffing connection. Upon my review, the
amended contract meets with my approval. If you need anything else, please let me know.
Cathy
City Of Delray Beach
Department of Environmental Services
M E M 0 RAN
D
u
M
www.MyDelrayBeach.com
TO:
David T. Harden
FROM:
Randal L. Krejcarek, P.E.
DATE:
14 July 2006
SUBJECT: Country Club Acres Infrastructure Improvements
Project # 2003-050
Commission Agenda Item
The attached agenda item is for Commission approval/authorization for the Mayor to execute
construction contract with Asphalt Consultants, Inc.. for the construction of improvements in
Country Club Acres Subdivision, which includes Whatley Road, Jefferson Road and Lincoln
Road.
This project includes providing water and sewer as well as paving the streets in this newly
annexed area. An alternative bid was also received for the construction of sidewalks on one side
of each street. The sidewalk alternative bid is not part of this bid award.
The costs of these improvements are $1,377,02700. A complete Bid Tabulation is attached.
Funding is available as follows:
Funding Source
Country Club Acres
Country Club Acres
Country Club Acres
Total
* Following Transfer
Account Number
334-3162-541.65-86
441-5161-536.65-86
448-5461-538.65-86
Balance
$417,560.00*
$778,207.00*
$181,260.00*
Contract
$417,560.00
$778,207.00
$181,260.00
$1,377,027.00
The City and County entered into an agreement where the County is contributing $460,000.00
toward paving and drainage improvements. Per the agreement the City is responsible for
funding all engineering and construction inspection costs. A letter will be sent to the County
requesting an adjustment in the County's share to reflect actual bid amounts related to paving
and drainage.
Location map is attached.
Please place this on the 25 July 2006 commission agenda.
enc
cc: Richard Hasko, P.E., Director of Environmental Services
Joseph Safford, Finance Director
Carolanne Kumerowski, Agenda Coordinator
Agenda file
File 2003-050
S:\EngAdmin\Projects\2003\2003~050\Official\2006-07-25 agenda memo. doc
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City Of Defray Beach
Department of Environmental Services
M E M 0 RAN DUM
www.mydelraybeach.com
TO:
David T. Harden, City Manager
~
FROM:
Richard C. Hasko, P.E., Environmental Services Director
SUBJECT: POLICE DEPARTMENT ROOF REPAIRS
DATE:
July 19,2006
The Police Department Headquarters building on Atlantic Avenue sustained damage from hurricane
Wilma last year in the form of loosened tiles, many of which were damaged or are missing
completely. Due to the extent of damaged and missing tiles, the entire roof requires replacement.
Attached is a quote from Ron Bell, Inc., in the amount of $146,290 for replacement of the sloped
cement tile roof. Funding for this contract is from account #551-1575-591-45.50, Properly Claims.
Please place this item on the July 25, 2006 agenda for consideration by Commission.
Cc: Jim Schmitz, Deputy Director of Public Works
Joe Safford, Finance Director
Frank Babin, Risk Manager
~Et~
Ron JBen~ Inco
737-7507
3151 S. W. 14th Plaee Suite #1
Boynton Beach, Florida 33426
FAX # (561) 731-0211
Slate Roofing Contractors Lie. # CCC037003
Mr. Clayton Gilbert
City of Del ray Beach
434 Swinton Ave
Delray Beach, Florida 33444
Contract Documents
- Re-Roof -
Description of Building:
Delray Beach Police Station Headquarters
Delray Beach, Florida
May 24, 2006
Scope of Work:
Work confined to all sloped roof areas on above described building.
Price not to include flat deck.
Description of Work:
. Remove sloped cement tile roof roofing system completely from wood deck to allow for a clean
application of the new roofing system.
. Renail deck to comply with new Florida Building Code.
(See decayed wood contingency on page two (2) of this contract.)
. Install a ASlM 30 lb. organic dry-in felt to wood deck on sloped roof using tin tags and 1.25" roofing
nails in full accordance with state and local building department requirements.
. Supply and install new 16 ounce copper drip edge flashing at perimeter of sloped roofs.
. Install 16 ounce copper break metal flashing in sloped roof valleys
. Supply and install new lead plumbing stack flashings and copper roofvents to replace existing.
. Install a granular surfaced, polyester reinforced modified bitumen over 30 lb. dry-in sheet on sloped
roof, using American made "Trumbull" steep grade, type IV hot asphalt, applied to roof deck at a
temperature of approximately 4750 F. and back nailed approximately 12 inches OC.
. Supply and install Standarded color thru, smooth surfaced Spanish S tile cement roof tile on all sloped
roof areas. Miter cut tile in valleys and install cap tile on hip and ridge. All tile adhered to roof using
PolyFoam adhesive. Install eve starter at perimeter of all slope eves. All bottom course of tile to be
nailed into wood deck.
. Install hip nail board's for all hip and ridge line to fasten all cap tile.
. Use use mortar for point up around projections and in hip, ridge and valleys.
. Clean up and haul away all debris.
. Price includes all insurance, permits, licenses and fees.
All materials and process have appropriate product approval by local city and county authorities and all work
complies to the latest edition of the Florida Building Code for a replacement roof
page 2
Contract Price:
We propose to furnish all materials and labor in accordance with above specified work for the total sum
of:
lli6.29(L ll.(l
Guarantee:
All workmanship and materials guaranteed against roofleaks for a period of five (5) years from the date
of completion. Excluded from this guarantee are leaks caused by anyone or more of the following items:
A) Hunicanes, hailstorms, lightening, tornadoes, windstorms, and/or any other natural or unnatural
phenomena, as well as fire or explosion.
B) Damage caused by other tradesmen such as maintenance men, air conditioning men, painters, etc.
C) Structural failures and wall settlement, cracking or failure of roof deck.
D) Defects, leaks, or damage caused by negligent act of the owner, his employees, tenants or any
other acts beyond our control.
Terms of Payment:
%
_.~9.~L
.. ._10%_
20%
Terms
'.._.()t~()!l!!il~_1'r!~~.due .!!P~!!.!>!~..K_c().I!!!'!.~t;n__
L ..()!..c()~!ril.~EriCl!.~Ile..1:Ip.<!.!l h.o.!.I!l()p.~.om..E.I~~eL ___
of contract rice u on com letion of work.
$146 290
_._.~~,?!~
___'.__ _.~8-,?J?
$29,258
Contingency:
· Decayed plywood deckini if any, will be replaced at l1ll. additional cost, up to a maximum of 100 square
feet. Any other wood replacement charges added to contract price will be calculated at $2.75/sq. ft. for
518" CDX plywood and $4.00Ilin. ft. for board lumber.
Ron Bell, Inc. is not responsible for removal or reinstallation of gutters, downspouts, screen enclosures, solar
units, AlC equipment, electrical or any priming or painting. In no event shall Ron Bell, Inc. be liable for
any special, incidental or consequential damages to the building or its contents resulting from, or in
connection with, any failure or leak.
Ron Bell, Inc. is fully certified and complies with all the requirements of the State of Florida Construction
Industry Licensing Board. Upon receipt of signed contract and written request by you, we will issue an
insurance certificate for your review and files.
If it becomes necessary for either party to institute an action at law or inequity to enforce any obligation
hereunder, then the prevailing party shall be entitled to recover attorney's fees and court costs.
Unpaid accounts will be subject to a late charge of 1.5% per month. Unpaid refers to accounts that do not
follow the terms in this contract.
Owner agrees to allow convenient access to building for men and equipment.
page 3
This agreement contains a complete statement of all arrangements, between the parties, superseding all previous
agreements whether expressed, written, or implied. Do not sign this contract unless all areas are
covered.
This proposal is subject to review of not accepted within thirty (30) days.
Acceptance of Contract:
The preceding prices, specifications and conditions are satisfactory and are hereby accepted. Ron BeH,
Inc. is authorized to do the work as specified. Payments due as specified. Please sign below, initial
both previous pages and return one full copy to our office. Your municipality may also require your
signature on a building permit application and a notice to owner affidavit. Please inquire with our office.
Acceptance: (Owner or Agent)
&
Acceptance: (Ron Bell, Inc.)
By:
;Or:
Title:
Date:
Kindly indicate your acceptance ofthis contract by signing above. Please initial first two pages and return one
completed copy to this office. (You may be required to sign a NTO and permit application.)
7~~
7~1'~
Date:
Julv 17. 2006. 2006
AGENDA ITEM NUMBER:~G.,i
AGENDA REQUEST
Request to be placed on:
--1LConsent Agenda _Regular Agenda _Workshop Agenda _SpeeiaI Agenda
When:
Julv 27. 2006
Description of Agenda Item (who, what, where, how much):
The attached agenda item is for Commission approval/authorization for the Mayor to execute a
construction contract with Chaz Equipment Co., Inc. for the construction of water main improvements
on SR A1A (Ocean Blvd).
The work generally consists of the following: Construction of approximately 7,800 linear feet of 8 inch
PVC water main, connection of existing water services, and relocation fire hydrants. This project
also includes cleaning and grubbing, sodded swale, asphalt trench repair, concrete and asphalt
driveway apron replacement, and maintenance of traffic.
The cost of project is $1,185,514.00.
Recommendation: Approval
cz~c .~
Department Head Signature:
'l-lY-Ob
City Attorney ReviewlRecommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Q 1 No Initials: uJ . t4+---,J-
(i[A_M1-6" I/-fL.~ 'eM ) lSf?.MA -CastJ.()J)(I/i. 4J. . f I
Aeeount Number 442-5178-536-65.27 and 442-5178-536-65.28
Description
See above
Aeeount Balanee:
$1.185.514.00
~w #CR/(lf/e,-
Funding Alternatives: (if applieable)
City Manager Review:
Approved for Agenda@No Initials: 4
Ho]d Until:
Agenda Coordinator Review:
Reeeived:
s: \EngAdmin \Projects \2002\2002-023\0 FFI CIAL \07.25-06 agenda. doc
AGENDA ITEM NUMBER:
'8's \~
AGENDA REOUEST
Request to be placed on:
_x_ Consent Agenda _ Regular Agenda _ Workshop Agenda _ Special Agenda
When: July 25, 2006
Description of agenda item (who, what, where, how much):
The City Commission is requested to approve the purchase of 200 additional Citrix
Presentation Server Enterprise 4.0 user licenses. The IT Department received 3 quotes with
CDW-G having the lowest quote of $46,000.00. The IT Department is in the process of
converting and upgrading our network so that software and files reside on our server units
and not individual workstations. This allows the Division to efficiently distribute software
changes to all workstations from a central location as opposed to having to set up individual
workstations. The funding of these licenses is from account no. 334-6112-519-34.90.
Department Hea!!.----- J
Signature: --.). ~ "
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: G No Initials: ~ 7h/ol,
Account Number
Description
Account Balance:
j;s-o 000
,
Funding Alternatives:
(if applicable)
City Manager Review:
Approved for Agenda:&;/ No Initials:
Hold Until:
(fZV)
I
Agenda Coordinator Review:
AGENDA ITEM NUMBER:
<gG~
AGENDA REQUEST
Request to be placed on: July 25, 2006
Date: July 19, 2006
...2QS..... Consent Agenda _ Special Agenda _ Workshop Agenda
Description of agenda item:
Purchase of one (1) Spray Star 1600P Manual Control System Sprayer with individual boom
control system for the Delray Beach Municipal Golf Course per the quote received from Kilpatrick
Company for the total cost of $17,853.i'6.
BID
ORDINANCE/RESOLUTION REQUIRED:
Draft Attached:
YES
YES
NO
NO
Recommendation:
Approve award to Kilpatrick Company for the purchase of one (1) Spray Star 1600P Manual
Control System Sprayer for the Delray Beach Municipal Golf Course for the total of $17,853.36 .
Funding from account code 445-4761-572-64.90 (Capital Outlay, Machinery Equipment).
Department Head Signature: ~,6~
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. ,...Q No
Funding alternatives:
(if applicable)
Account Number:
Account Description:
Account Balance:
City Manager Review:
Approved for agenda: 61-
Hold Until:
trrvf\
\
No
Agenda Coordinator Review:
Received:
Action:
Approved
Disapproved
AGENDA ITEM NUMBER:
~
AGENDA REQUEST
Request to be placed on: July 25, 2006
Date: July 19, 2006
~ Consent Agenda _ Special Agenda _ Workshop Agenda
Description of agenda item: Safety Shoes Contract
City Commission is requested to approve award of a contract for the purchase of safety shoes for
City employees to the Red Wing Shoe Stores via Brevard County Proposal #ffitle #P-2-o6-19
Safety Shoes. Contract effective date 06122/06, ending 06/21107 with two (2) one (]) year
renewals. The estimated annual usage is $66,775.00 for the City of Delray Beach.
ORDINANCElRESOLUTION REQUIRED:
Draft Attached:
YES
YES
NO_X
NO
Recommendation: Purchasing Staff recommends award to Red Wing Shoe Stores via Brevard
County Proposa1 #ffitle #P-2-06-]9 Safety Shoes at an estimated annual cost of$66,775.00.
Contract effective date 06122/06, ending 06/21107 with two (2) one (1) year renewals.
Funding from various department's operating expense budgets.
:=). ~~
" '\...
Detennination of Consistency with Comprehensive Plan:
Department Head Signature:
City Attomey ReviewlRecommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding available: yes............ .:5:S No
Funding altematives:
(If applicable)
Account Number:
Account Description:
Account Balance: V A~ 0\).$ D~ ""''V Db ~
City Manager Review:
Approved for agenda:& ,01v1 No
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved
Disapproved
Agenda Item No.~G6
AGENDA REQUEST
Date: 19 Julv 2006
Request to be placed on:
x
Regular Agenda
Special Agenda
Workshop Agenda
When: 25 Julv 2006
Description of item (who, what, where, how much): Commission approval/authorization for
Mayor to execute Contract with B.K. Marine Construction, Inc.
This contract includes repair and restoration of the City marina docks including the deck
surfaces, ladders, cleats, dolphin and marginal dock piles, wood cross beams, fenders, pile
spall repairs, dock boxes and backfill repairs. Veterans Park will include repairs to concrete
piles, deck surfaces, ladders, fenders, dolphin piles, cleats, and the seawall cap.
Funding is as follows: Account # 551-1575-591-45.50 for the amount of $36,245.00 Bid tab is
attached for your review.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recom
1-''(-0(,
Department head signature
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (~d on all items involv~diture of funds):
Funding availabl~O ::::;-: ~ ., \ I') I ()\
Funding alternatives
Account No. & Description
Account Balance $
(if applicable)
City Manager Review:
Approved for agenda:
Hold Until:
~NO vrvl
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
cc: Richard Hasko; Director of ESO
Randal Krejcarek; City Engineer
Rafael Ballestero, Dep. Dir. of Construction
Robin Cox; Risk Management
City Clerks Office
Agenda File 07/25/06
File 2006-030(A)
S:IEngAdminIProjects\2006\2006-030\OFFICIALlagenda B.K. Marine 07.25.06.doc
AGENDA ITEM NUMBER:
'((O~
AGENDA REOUEST
Request to be placed on:
X Consent Agenda _ Regular Agenda _ Workshop Agenda _ Special Agenda
When: July 25. 2006
Description of agenda item (who, what, where, how much): ..
Approva] of agreement between the City of Delray Beach and Staffing Connection/ Action
Labor to provide personnel necessary to satisfy the requirements of the City of Delray Beach
Schoo] Crossing Guard Program. The agreement provides eight~(18) Schoo] Crossing
Guards ($]4.66 per hour each) and one (1) Supervisor ($15.84 per Ii~).
Funding required through September, 2006 is approximately $36,3'1(1.00 which is available in
Account # 001-2] 15-521-34.90.
Funding for 06/07 was included in the propose4 b1.lljgetinthe amount of $190,000.00 in
account #00]-2115-521-34.90. .... .
Department Head
Signature:
City Attorney Review IRecommend
Budget Director Review (reqllired on all items involving expenditure of funds):
Funding AVailib]e:~ No Initials: at
Ot:J/~21(r_~2/ 3V~~^
Account Number J. U
(YJ-./IzIf COY? fro /{-L. . - II SUVJcY-:5
Description . -p cP "5 0 ~.; '~ Of. pA h tUA~
f; (/1 YV/
Account Balance: /9 J/O D '? IV..;xy:;ed ;;rJY 6(P / () 7
F ,
Funding Alternatives:
(if applicab]e)
City Manager Review:
Approved for Agenda:@/ No Initia]s: Dr1
Ho]d Until:
Agenda Coordinator Review:
Received:
Date:
14 Julv 2005
AGENDA ITEM NUMBER:'6G 1
AGENDA REQUEST
Request to be placed on:
-X... Consent Agenda _Regular Agenda _Workshop Agenda _Special Agenda
When: 25 Julv 2005
Description of Agenda Item (who, what, where, how much):
Request for Commission authorization/approval for Mayor to exeeute construction eontraet
with Asphalt Consultants, Inc., for the construction of improvements in Country Club Aeres
Subdivision, which includes Whatley Road, Jefferson Road and Lincoln Road.
Funding Source Account Number Balance Contract
Country Club Aeres 334.3162-541.65-86 $417,560.00* $417,560.00
Country Club Aeres 441.5161.536.65-86 $778,207.00* $778,207.00
Country Club Aeres 448.5461-538.65-86 $181,260.00* $181,260.00
Total $1,377,027.00
* After Transfer
Staff Recommendation: Approva~
Department Head Signature: (~.~
'-I7-()b
City Attorney ReviewlRecommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
90Vt
Funding Available: YesfNR)nitials:
Account Number//See above "\
/ I
Description t See above I
J
Account Balan : See above /
~ _///
Funding Alternatives: ~
City Manager Review:
~i
Approved for Agenda: ~I No Initials:
~tM-
hC01. S {..e /.5
(if applicable)
Z!i1
Hold Until:
Agenda Coordinator Review:
Received:
s: \EngAdmin \Projects \2003\2003.050\Official\2006-07 .25 agenda. doc
AGENDA ITEM NUMBER: ~ G ,8.
AGENDA REQUEST
Date: July 19, 2006
Request to be placed on:
x
Regular Agenda
Special Agenda
Workshop Agenda
When:
July 25, 2006
Description of agenda item:
Staff requests Commission award of a contract to Ron Bell, Inc. in the amount of $146,290 for replacement
of the sloped cement tile roof on the Police Department Headquarters building. Damaged sustained from
Hurricane Wilma last year has resulted in the requirement for replacement of this roof. Funding is from
account # 551-1575-591-45.50, Property Claims.
ORDINANCElRESOLUTION REQUIRED:
Draft of Resolution Attached:
YES
YES
NO
NO
x
X
Recommendation: Staff recommendscaBPj: on~~t t~ ;:a Inc.
Department Head Signature: _~"-- ~ 7-1e, -vb
Determination of Consistency with Comprehensive Plan:
City Attorney ReviewlRecommendation (if applicable):
Budget Director Review
(required on all items involving expenditure of funds):
Funding available:
Yes
~rob No
Funding alternatives (if applicable):
Account Number:
~/ - /S7)" - ~11. ~r- - S7J
1?/7.)f>U ~ (!j a~
Account Description:
Account Balance:
City Manager Review:
Approved for Agenda:
r3
li11-
No
Hold Until:
Agenda Coordinator Review:
Received:
Action:
Approved:
Disapproved:
P.O. #
AGENDA ITEM NUMBER:
TO:
CITY COMMISSION DOCUMENTATION
DA~R
PAUL DORLlNG, DI
FROM:
TOR OF PLANNING AND ZONING
SUBJECT: MEETING OF JULY , 2006
APPEAL OF THE SITE PLAN AND APPEARANCE BOARD'S
CONDITIONS OF APPROVAL IMPOSED ON EAGLE PARK.
ACTION REQUESTED OF THE COMMISSION
The action requested of the City Commission is consideration of an appeal of the Site Plan
Review and Appearance Board's (SPRAB) conditions of approval for Eagle Park made on
June 28, 2006 . The Board imposed 5 conditions including one to reconfigure an existing
retention area which is being appealed at this time.
BACKGROUND I ANALYSIS
On June 28, 2006 the Site Plan Review and Appearance Board reviewed a Class V site
plan, landscape plan and architectural plan for a passive neighborhood park to be known
as Eagle Park. The development proposal consists of the following:
. Construction of a 5-foot wide concrete pathway, pavilion, tot lot, and benches;
. Reconfiguration of the existing median cut along Coral Trace Boulevard to allow for
u-turns;
. Construction of 12 parallel parking spaces along Coral Trace Boulevard; and
. Installation of associated landscaping.
The park will be a neighborhood asset and will enhance the community. The project will
be consistent with the policies of the Comprehensive Plan and Land Development
Regulations Section 2.4.5(F) (5).
The subject property consists of the northerly 477 feet of the Temple Sinai of Palm
Beach County subdivision and contains 4.21 acres. The property is zoned CF
(Community Facilities) and is currently vacant with a retention pond.
A complete analysis of the proposal is found in the attached Site Plan Review and
Appearance Board staff report of June 28, 2006.
APPEAL
City Commission at its meeting of July 11, 2006 appealed SPRAB's conditions of approval
for Eagle Park, more particularly Condition # 5 which requires a curvilinear retention area
rather than the existing rectangular shape. The basis of the appeal is outlined in the
attached memo from Richard Hasko, Environmental Services Director. It is noted the
condition for a curvilinear lake was not one required by staff and appears to be for aesthetic
purposes only. Positive findings with respect to required findings of the LOR's can be made
without reconfiguration of the retention area. The relief being sought is approval of the
appeal and removal of Condition # 5.
U/\
tR1
!
9(\
City Commission Documentation July 25, 2006
Appeal of the Site Plan Review and Appearance Board's Conditions of Approval Imposed on Eagle Park
RECOMMENDED ACTION
Approve the appeal and remove the condition to provide a curvilinear retention area from
the SPRAB's conditions for the Class V site plan, landscape plan, and architectural
elevations approval for Eagle Park, 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(F)(5), Section
4.6.18(E), and Chapter 3 of the Land Development Regulations.
Attachments:
. Site Plan Review and Appearance Board's Staff Report of June 28, 2006
. July 17, 2006 Memorandum from Richard Hasko, P.E., Environmental Services Director to
David Harden, City Manager
2
City Of Delray Beach
Department of Environmental Services
M
E
M
o
R
A
N
D
u
M
www.myde/raybeach.com
TO:
FROM:
David T. Harden, City Manager
Richard C. Hasko, P.E., Environmental Services Director
SUBJECT: Agenda Item - City Commission Meeting of July 25, 2006
APPEAL OF EAGLE PARK SPRAB APPROVAL CONDITIONS
DATE:
July 17, 2006
This is before the Commission to consider an appeal of the Site Plan Review and Appearance Board's
(SPRAB) decision regarding conditions of approval for a Class V site plan and landscape plan for Eag]e Park.
At the June 28, 2006 SPRAB meeting, a Class V site plan and landscape plan was presented to the Board for
consideration. After discussion and public input, the site plan was approved with a number of conditions. A
copy of the SPRAB meeting minutes is attached for your reference.
Among the conditions of approval is a requirement to reconfigure the existing rectangular retention pond to a
more curvilinear shape (Condition 5). Staff is requesting an appeal for the removal of Condition 5 on the
following basis:
· Three alternative site plans were previously prepared and reviewed with Commission, including one
layout reflecting modifications to the retention pond resulting in a freeform configuration. The
alternative layout that was selected was one that proposed no significant modifications to the existing
retention pond due in part to the additional cost for excavation and regrading. Reverting to a freeform
lake modification now has the potential of inflating site construction costs significantly.
· In order to maintain project schedules on all Parks Bond projects, we have directed our consultants to
proceed with final design while the site plan review process proceeds. We understood that some minor
revisions might be necessary depending on conditions of SPRAB approval. We have been able to
accommodate all SPRAB conditions of approval on the Parks Bond projects with no significant
scheduling or cost impacts to date. The condition attached to this approval for revising the lake
configuration will require redesign and permitting, both of which activities will result in significant project
delays.
· Reshaping of the retention area will result in permitting problems. It is a component of a surface water
management system and must meet the requirements for a wet retention pond as stated in the South
Florida Water Management District (SFWMD) regulations (minimum 100' average width at the control
water elevation).
· If this approval condition remains, we anticipate an eight to ten week project delay and potentia] cost
increase between $50,000 and $100,000 depending on the amount of additional earthmoving and
regrading required.
Staff recommends approval of the appeal of Condition 5 for the Eagle Park Site Plan.
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
ENVIRONMENTAL SERVICES DEPARTMENT,
Appellant(s),
vs.
CITY OF DELRAY BEACH,
Appellee.
I
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. This appeal of the placement of a condition on an approved site plan has
come before the City Commission on July 25, 2006.
2. The Appellants, Appellee and City staff presented documentary evidence
and testimony to the City Commission pertaining to the appeal of the condition to
provide a curvilinear retention area. All of the evidence is part of the record in this case.
Required findings are made in accordance with Subsections I and II.
I.
COMPREHENSIVE PLAN:
REQUIREMENTS MET?
ARE THE COMPREHENSIVE PLAN
Is the removal of the condition to provide a curvilinear retention area
consistent with and furthers the policies and objectives of the Comprehensive
Plan?
Yes
No
II. LAND DEVELOPMENT REGULATIONS: ARE THE LOR REQUIREMENTS
MET?
Is the removal of the condition to provide for a curvilinear retention area
from the approved site plan consistent with Section 2.4.5(F)(5), Section 4.6.18(E)
and Chapter 3 of the Land Development Regulations?
Yes
No
3. The City Commission has applied the Comprehensive Plan and LOR
requirements in existence at the time the original site plan was submitted.
4. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses supporting these findings.
5. Based on the entire record before it, the City Commission approves _
denies _ the appeal and hereby adopts this Order this
day of July, 2006, by
a vote of
in favor and
opposed.
Jeff Perlman, Mayor
ATTEST:
Chevelle Nubin
City Clerk
2
MINUTES OF THE SITE PLAN REVIEW AND APPEARANCE BOARD
CITY OF DELRAY BEACH
DELRAY BEACH. FLORIDA
REGULAR MEETING
MEETING DATE:
JUNE 28, 2006
CITY COMMISSION CHAMBERS
LOCATION:
I. CALL TO ORDER:
Chairman Cope called the meeting to order at 6:03 P.M. Upon roll call it was
determined that a quorum was present.
MEMBERS PRESENT:
Chairman Roger Cope, Dan Carter, Jose Aguila, Mark
Gregory, Christina Morrison, Andrew Youngross
MEMBERS ABSENT:
Connor Lynch
STAFF PRESENT:
ALSO PRESENT:
Estelio Breto, Loretta Heussi
Mr. Brian Shutt, Assistant City Attorney
Ms. Loretta Heussi, Board Clerk swore in all witnesses who wished to give testimony on
these items.
Chairman Cope asked the Board to disclose their ex parte communications.
All the Board members stated that they had received an e-mail regarding Park Place
North at Delray Beach, and a telephone call from Jeff Costello regarding CODA.
Also, Mr. Youngross stated that he is the Electrical Engineer for Item III.G., CODA, and
would be stepping down from the dais.
Chairman Cope read the City of Delray Beach procedures for Quasi-Judicial Hearing for
all the items on the Agenda.
II. APPROVAL OF MINUTES
Mr. Gregory moved to approve the Minutes of the Regular Meeting of June 14, 2006,
seconded by Mr. Carter.
Said motion passed with a 6 to 0 vote.
III. MISCELLANEOUS
A. Eaale Park; East side of Coral Trace Boulevard, Approximately 550 feet
north of Atlantic Avenue; Class V; Jill Skaaas. Authorized Aaent.
Chairman Cope opened the Quasi-Judicial Hearing.
Mr. Estelio Breto, Senior Planner entered the file into the record and presented
the item to the Board. The development proposal consists of the following:
· Construction of a 5-foot wide concrete pathway, pavilion, tot lot, and benches;
· Reconfiguration of the existing median cut along Coral Trace Boulevard to
allow for u-turns;
. Construction of 12 parallel parking spaces along Coral Trace Boulevard; and
. Installation of associated landscaping.
Mr. Breto highlighted the site plan, landscape plan, architectural elevations,
required findings, and the conditions of approval that needed to be addressed,
per the detailed staff report. The bicycle rack has been provided.
Mr. Kirk Olney of RMPK Group gave a detailed overview of the proposed
neighborhood park and highlighted the pathway, pavilion, tot lot, benches,
practice field, retention pond, and the landscaping.
Public Comments:
Ms. Alice Finst, 707 Place Travant representing Ms. Kathy Weigel, Principal at
Atlantic High School comrnented that the walk path seems to dead-end. She
was concerned with the safety of the kids walking on the path while the practice
field is in use and felt a fence should be installed. Coral Trace Boulevard is a
very narrow street and parking would be dangerous when getting out of your car.
She inquired if there where any gates. She wanted to know if they where going
to close off the entrance to Temple Sinai. Felt that the retention pond could be
cleaned up and made more attractive. Felt two gates to the entrance field should
be provided on the north and east side.
Mr. Kirk Olney addressed several of Ms. Finst's concerns.
The Board discussed the following issues/concerns:
· Widening the pathway to 6 foot.
· Retention pond needs to be reshaped and have a natural shape.
· Shade trees (canopy) needed in the tot lot area.
It was moved by Mr. Carter, seconded by Mr. Aguila to approve the Class V site
plan approval for Eagle Park, 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(F)(5) and
Chapter 3 of the Land Development Regulations, subject to the following
conditions:
1. Address all Site Plan and Engineering Technical Items and submit four (4)
copies of the revised plans.
2. That the pathway is increased to 6 feet wide.
3. That a bicycle rack be provided, which has already been provided on the
plans.
4. That the applicant, coordinate with Atlantic High School for pedestrian access
from Atlantic Avenue to the park.
5. That the retention pond be reshaped to a more natural curvilinear form as
opposed to the rectangular form that is presently shown.
Said motion passed with a 6 to 0 vote.
It was moved by Mr. Agulia, seconded by Mr. Carter to approve the landscape
plan for Eagle Park based on positive findings with respect to Section 4.6.16 of
the Land Development Regulations, subject to the following conditions:
1. That the trees in the tot lot be changed to a minimum of six (6) canopy trees
with the species to be determined and approved by the City Horticulturist.
Said motion passed with a 6 to 0 vote.
It was moved by Mr. Gregory, seconded by Mr. Youngross to approve the
proposed elevations for Eagle Park based on positive findings with respect to
LDR Section 4.6.18(E).
Said motion passed with a 6 to 0 vote.
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SITE PLAN REVIEW AND APPEARANCE BOARD
CITY OF DELRA Y BEACH ---STAFF REPORT ---
MEETING DATE:
AGENDA ITEM:
ITEM:
June 28, 2006
III.A.
Eagle Park - Class V Site Plan, Landscape Plan and Architectural Elevations
Associated with the Development of a 4.21 Acre Park with a Pathway,
Pavilion, Park Benches, and Tot Lot.
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GENERAL DATA:
Owner...........____.....____ City of Delray Beach
Agent.......______.__........__.. Jill Skaggs P.E., Assistant City
Engineer
Location..____.____.......__.__. East side of Coral Trace Boulevard,
approximately 550 feet north of West
Atlantic Avenue.
Property Size..__.__.__...__. 4.21 Acres
Future Land Use Map__. CF (Community Facilities)
Current Zoning.__.____.__... CF (Community Facilities)
Adjacent Zoning..North: CF (Community Facilities)
East: R-1-AA (Single Family Residential)
South: CF (Community Facilities)
West: RM (Multiple Family Residential -
Medium Density)
Existing Land Use__...__.. Vacant
Proposed Land Use....__ Public Park
Water Service____........... Existing along Coral Trace
Boulevard.
Sewer Service......__...____ Existing along Coral Trace
Boulevard.
1I1.A.
The item before the Board is approval of the following aspects of a Class V site plan
request for Eagle Park, pursuant to Land Development Regulations (LOR) Section
2.4.5(F):
. Site Plan;
. Landscape Plan; and
. Architectural Elevations.
The subject property consists of the northerly477 feet of the Temple Sinai of Palm
Beach County subdivision and contains 4:21 acres. The property is zoned CF
(Community Facilities) and is currently vacant with a retention pond.
A Class V site plan application has been submitted to develop the parcel as a passive
neighborhood park. The application is now before the Board for action.
The development proposal consists of the following:
. Construction of a 5-foot wide concrete pathway, pavilion, tot lot, and benches;
· Reconfiguration of the existing median cut along Coral Trace Boulevard to
allow for u-turns;
. Construction of 12 parallel parking spaces along Coral Trace Boulevard; and
. Installation of associated landscaping.
COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS:
Items identified in the Land Development Regulations shall specifically be addressed by
the body taking final action on the site and development application/request.
LDR Article 4.6 - Supplemental District ReQulations:
Off-Street Parking:
The development proposal includes the construction of 12 parking spaces (10 standard
and 2 handicap accessible). Pursuant to LOR Section 4.6.9(C)(6)(q), parks shall have
their parking needs assessed and determined by the City Manager or designee. The
development proposal has been submitted by Jill Skaggs P.E., Assistant City Engineer
for the City of Delray Beach, whom is the City Manager's designee for the project. The
demands for the project have been assessed and it was determined that the proposed
quantity and type of parking will be sufficient.
Site Plan Review and Appearance Board Staff Report: Meeting 06/28/06
Eagle Park - Class V Site Plan, Landscape Plan, Architectural Elevations
Page 2
Other Issues:
Pathway Width:
The proposed pathway width should be increased to 8 feet to accommodate two-way
passage. The purpose for this increased width is based on the nature of the usage of
this pathway, which will include baby carriages, skaters, pedestrians, etc. A condition of
approval is attached that the City Engineer consider increasing the pathway width to 8
feet.
Site Plan and Engineering Technical Items:
While revised plans have accommodated most of staffs concerns, the following items
remain outstanding and will need to be addressed prior to building permit submittal:
1. That the site data including site area, pervious, impervious, and water retention area
is provided on the site plan.
2. That waivers for the improvements within the Lake Worth Drainage District
easement is acquired prior to construction of the improvements.
The City Horticulturalist has reviewed the proposed landscape plan and found that it
substantially complies with LOR Section 4.6.16. The proposed landscaping consists of
Silver Buttonwood trees, Royal Poinciana trees, Jacaranda trees, Slash Pine trees, Live
Oak trees, Royal Palms, Cabbage Palms, Bald Cypress trees, and Ligustrum trees.
These areas will be underplanted with Baby Sunrose, Red Tip Cocoplum, Canna Lilies,
Cattails, Cinnamon Ferns, Fakahatchee Grass, Water Lilly, and Louisiana Iris. The
landscape plan also provides for the relocation of 11 existing trees. Based upon the
above, the proposed landscape plan will comply with LOR Section 4.6.16.
Pursuant to LOR Section 4.6.18(E), the following criteria shall be considered, by the Site
Plan Review and Appearance Board, in the review of plans for building permits. If the
following criteria are not met, the application shall be disapproved.
a) The plan or the proposed structure is in conformity with good taste, good design,
and in general, contributes to the image of the City as a place of beauty,
spaciousness, harmony, taste, fitness, broad vistas, and high quality.
b) The proposed structure, or project, is in its exterior design and appearance of quality
such as not to cause the nature of the local environment or evolving environment to
materially depreciate in appearance and value.
Site Plan Review and Appearance Board Staff Report: Meeting 06/28/06
Eagle Park - Class V Site Plan, Landscape Plan, Architectural Elevations
Page 3
c) The proposed structure, or project, is in harmony with the proposed developments in
the general area, with the Comprehensive Plan, and with the supplemental criteria
which may be set forth for the Board from time to time.
The pavilion will have a teal standing seam metal roof with a cupola and decorative
fascia trim. The columns have decorative brackets and will be painted white. The
pavilion will have a decorative railing that will also be painted white. The play
equipment in the tot lot consists of slides with stairs and platforms. A positive finding
can be made that the pavilion and playground equipment comply with LOR Section
4.6.18(E).
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 lORs as noted below.
lOR Section 3.1.1(A). Future land Use Map:
The subject property has a CF (Community Facilities) Future Land Use Map and Zoning
Map designation. Pursuant to LOR Sections 4.4.21 (B)(3), passive parks are a permitted
use within the CF zoning district. Based upon the above, a positive finding with respect
to consistency with the Future Land Use Map designation can be made.
lOR Section 3.1.1(B). Concurrency:
As described in Appendix "A", a positive finding of concurrency can be made as it
relates to water and sewer, streets and traffic, drainage, parks and recreation, schools,
and solid waste.
lOR Section 3.1.1 (C) - Consistency (Standards for Site Plan Actions):
As described in Appendix "B", a positive finding of consistency can be made as it relates
to Standards for Site Plan Actions.
lOR Section 3.1.1(0) - Compliance with the Land Development Regulations:
As described under the Site Plan Analysis section of this report, a positive finding of
compliance with the LOR can be made, when all outstanding items attached as
conditions of approval are addressed.
Site Plan Review and Appearance Board Staff Report: Meeting 06/28/06
Eagle Park - Class V Site Plan, Landscape Plan, Architectural Elevations
Page 4
COMPREHENSIVE PLAN POLICIES:
A review of the objectives and policies of the adopted Comprehensive Plan was
conducted and the following applicable objectives and policies are noted:
Future Land Use Element Objective A-1: Property shall be developed or
redeveloped in a manner so that the future use and intensity is appropriate and
complies in terms of soil, topographic, and other applicable physical
considerations, is complimentary to adjacent land uses, and fulfills remaining
land use needs.
There are no special physical or environmental characteristics of the land that would be
negatively impacted by the park. The property is surrounded on the north and east by
the Atlantic High School; on the south by the Temple Sinai; and on the west by the High
Point of Delray residential subdivision. The passive nature of the park will be
compatible with these surrounding uses.
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 passive park will not generate negative impacts such as noise, odors, dust, and
traffic volumes/circulation on the High Point of Delray neighborhood. The nearest
dwelling unit within this development is located approXimately 130 feet from the park,
which provides a substantial spatial separation to the residents. It is noted that the
playground is located on the east side of the park, which is approximately 355 feet from
the dwelling units. The proposed park will not have a negative impact on the
surrounding community and will be an asset to the neighborhood.
Transportation Element Policy 0-2.2: Bicycle parking and facilities shall be
required on all new development and redevelopment.
A bicycle rack has not been provided, therefore, a condition of approval is attached that
a bicycle rack be provided.
Parks and Recreation Element:
Policy A-2.1 The City shall provide additional park, recreation, and open space facilities
through enhancement of existing facilities, major capital improvements, and the
Site Plan Review and Appearance Board Staff Report: Meeting 06/28/06
Eagle Park - Class V Site Plan, Landscape Plan, Architectural Elevations
Page 5
provision of new services to geographic areas which do not have facilities readily
available to them.
Policy A-2.2 The City, through the Parks and Recreation Department, shall place its
first recreation priority on the provision of facilities for activities which serve all residents
of the community and which can be achieved through completing the development of
existing park areas, enhancing existing facilities, and adding specialized items such as
playgrounds to existing facilities.
Policy A-2.3 Funds shall be allocated, on an annual basis, for the purpose of achieving
Policy A-2.2. This mechanism shall only be one of the funding sources which are
applied to meeting that policy.
Policy A-2.14
All planning for parks and recreational facilities shall be in accordance with the adopted
City of Delray Beach Parks and Recreation System Master Plan.
Improvements to the Eagle Park were identified in the Parks and Recreation System
Master Plan.
LOR Section 2.4.5(F) (5) - Compatibility (Site Plan FindinQs): The approving body
must make a finding that development of the property pursuant to the site plan
will be compatible and harmonious with adjacent and nearby properties and the
City as a whole, so as not to cause substantial depreciation of property values.
The subject property is bordered to the north and west by RM (Multiple Family
Residential - Medium Density); to the east by R-1-AA (Single Family Residential); and
to the south by CF (Community Facilities). The surrounding land uses are the Atlantic
High School to the north and east; Temple Sinai to the south; and High Point of Delray
residential subdivision to the west.
As discussed above in the analysis of Future Land Use Element Objective A-1 and
Housing Element Policy A-12.3, positive findings can be made with respect to the
compatibility of the proposed development with the adjacent properties. The
development proposal will be compatible and harmonious with the adjacent properties
and a positive finding can be made with regard to LOR Section 2.4.5(F)(5).
The subject property is not located in an area requiring review by an advisory Board or
Agency.
Courtesy Notices:
Courtesy notices have been sent to the following homeowner's and/or civic
associations:
Site Plan Review and Appearance Board Staff Report: Meeting 06/28/06
Eagle Park - Class V Site Plan, Landscape Plan, Architectural Elevations
Page 6
. Neighborhood Advisory Council
. Progressive Residents of Delray (PROD)
. President's Council
. Coral Trace
. High Point of Delray
Letters of objection or support, if any, will be presented at the SPRAB meeting.
The development proposal involves the establishment of a neighborhood park, which
includes construction of a pathway, pavilion, tot lot, and benches. The park will be a
neighborhood asset and will enhance the community. The project will be consistent
with the policies of the Comprehensive Plan and Land Development Regulations
Section 2.4.5(F)(5) provided the attached conditions of approval are addressed.
A. Continue with direction.
B. Move approval of the Class V site plan, landscape plan, and architectural elevations
for Eagle Park, 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(F)(5), Section
4.6.18(E), and Chapter 3 of the Land Development Regulations, subject to the
attached conditions of approval.
C. Move denial of the Class V site plan, landscape plan, and architectural elevations for
Eagle Park, by adopting the findings of fact and law contained in the staff report,
and finding that the request is inconsistent with the Comprehensive Plan and does
not meet criteria set forth in Section 2.4.5(F)(5), Section 4.6.18(E), and Chapter 3 of
the Land Development Regulations.
By Separate Motions:
Site Plan:
Move approval of the request for Class V site plan approval for Eagle Park, 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(F)(5) and Chapter 3 of the Land Development Regulations, subject to the
following conditions:
1. Address all Site Plan and Engineering Technical Items and submit four (4) copies of
the revised plans.
Site Plan Review and Appearance Board Staff Report: Meeting 06/28/06
Eagle Park - Class V Site Plan, Landscape Plan, Architectural Elevations
Page 7
2. That increasing the pathway to 8 feet wide is considered.
3. That a bicycle rack be provided.
Landscape Plan:
Approve the landscape plan for Eagle Park based on positive findings with respect to
Section 4.6.16 of the Land Development Regulations.
Elevations:
Approve the proposed elevations for Eagle Park based on positive findings with respect
to LOR Section 4.6.18(E).
Attachments: Appendix "A"
Appendix "S"
Site Plan, Landscape Plan, and Architectural Elevations
Report prepared by: Scott D. Pape. Senior Planner
Site Plan Review and Appearance Board Staff Report: Meeting 06/28/06
Eagle Park - Class V Site Plan, Landscape Plan, Architectural Elevations
Page 8
Pursuant to LDR Section 3.1.1(8), Concurrency, as defined pursuant to Objective 8-2 of
the Land Use Element of the Comprehensive Plan, must be met and a determination
made that the public facility needs of the requested land use and/or development
application will not exceed the ability of the City to fund and provide, or to require the
provision of, needed capital improvements for the following areas:
Water and Sewer: Water and sewer service is available via service lateral connections to
existing 8" mains along Coral Trace Boulevard. Pursuant to the Comprehensive Plan, treatment
capacity is available at the City's Water Treatment Plant and the South Central County Waste
Water Treatment Plant for the City at build-out. Based upon the above, positive findings can be
made with respect to this level of service standard.
Streets and Traffic: There will be minimal traffic generated by the proposed parle There is
adequate capacity on the surrounding roadway network to accommodate the additional trips
and therefore a positive finding can be made with respect to this level of service standard.
Parks and Recreation Facilities: The proposed park will fulfill a need as identified by the
supporting Objectives and Policies of the Comprehensive Plan.
Solid Waste: The Solid Waste Authority has indicated that its facilities have sufficient capacity to
handle all development proposals until the year 2021. The waste generated with the subject
development proposal will not have an impact with respect to this level of service standard.
Drainaae: Drainage is to be accommodated on site via a retention pond along the west side of
the property. There should be no impact on drainage as it relates to this level of service
standard.
Schools: School concurrency findings do not apply for non-residential uses. Thus, the proposed
development will not have an impact with respect to this level of service standard.
A. Building design, landscaping, and lighting (glare) shall be such that they do not
create unwarranted distractions or blockage of visibility as it pertains to traffic
circulation.
B. Separation of different forms of transportation shall be encouraged. This includes
pedestrians, bicyclists, and vehicles in a manner consistent with policies found under
Objectives D-1 and D-2 of the Transportation Element.
to the condition that a bicycle rack is
Does not meet intent
C. Open space enhancements as described in Policies found under Objective B-1 of the
Open Space and Recreation Element are appropriately addressed.
D. The City shall evaluate the effect that any street widening or traffic circulation
modification may have upon an existing neighborhood. If it is determined that the
widening or modification will be detrimental and result in a degradation of the
neighborhood, the project shall not be permitted.
Not a Iicable X
Meets intent of standard
Does not meet intent
E. Development of vacant land which is zoned for residential purposes shall be planned
in a manner which is consistent with adjacent development regardless of zoning
designations.
F. Property shall be developed or redeveloped in a manner so that the future use and
intensity are appropriate in terms of soil, topographic, and other applicable physical
considerations; complementary to adjacent land uses; and fulfills remaining land use
needs.
Appendix "8"
Standards for Site Plan Actions
Page 2
G. Redevelopment and the development of new land shall result in the provision of a
variety of housing types which shall continue to accommodate the diverse makeup of
the City's demographic profile, and meet the housing needs identified in the Housing
Element. This shall be accomplished through the implementation of policies under
Objective 8-2 of the Housing Element.
H. The City shall consider the effect that the proposal will have on the stability of nearby
neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation
patterns shall be reviewed in tenns of their potential to negatively impact the safety,
habitability and stability of residential areas. If it is detennined that a proposed
development will result in a degradation of any neighborhood, the project shall be
modified accordingly or denied.
x
I. Development shall not be approved if traffic associated with such development would
create a new high accident location, or exacerbate an existing situation causing it to
become a high accident location, without such development taking actions to remedy
the accident situation.
J. Tot lots and recreational areas, serving children from toddler to teens, shall be a
feature of all new housing developments as part of the design to accommodate
households having a range of ages. This requirement may be waived or modified for
residential developments located in the downtown area, and for infill projects having
fewer than 25 units.
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TO:
, DIRECTOR OF PLANNING AND ZONING
THRU:
FROM:
SUBJECT: MEETING OF JULY 25, 2006
CONSIDERATION OF A PARTIAL SIDEWALK WAIVER REQUEST TO LAND
DEVELOPMENT REGULATIONS ILDR) SECTION 6.1.3IA) FOR TROPIC CAY TOWN
HOMES. PURSUANT TO LDR SECTIONS 2.4.7IB) (5) AND 6.1.3(0)(1 lIb).
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BACKGROUND I ANAL'taIS
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On October 27, 2004, the Site Plan Review and Appearance Board approved a Class V site plan,
landscape plan, and architectural elevations associated with the construction of eight (8) fee simple town
homes in one, 2-story building to be known as Tropic Cay Town homes. The plan was approved with
sidewalks proposed on both the east and west sides of Frederick Blvd. During the platting process,
engineering requirements to retain historic drainage flows within the right-of-way have required swale
areas which could not be accommodated if a sidewalk is provided on each side of the street. A waiver
request to provide a sidewalk on the east side of Frederick Blvd. only is requested at this time and is now
before the Commission for consideration.
Waiver Findinas:
Pursuant to LDR Section 2.4.7(B) (5), prior to granting a waiver, the approving body shall make a finding
that the granting of the waiver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of public faCilities;
(c) Shall not create an unsafe situation; or
(d) Does not result in the grant of a special privilege in that the same waiver would be granted under
similar circumstances on other property for another applicant or owner.
LDR Section 6.1.3 (A) - Sidewalks:
Pursuant to LDR Section 6.1.3(A), a five foot (5') wide sidewalk is required along both sides of the
proposed interior street. The applicant has requested that a partial waiver be granted to this requirement
that would require sidewalk construction along only the east side of Frederick Blvd. The applicant has
provided the following justification for the waiver request:
"We are requesting to remove the proposed western sidewalk along the future extension
and connection of Frederick Blvd. to Avenue F.
We believe that this will not serve its intended purpose as it does not connect with any
existing sidewalks in the area, nor does it have frontage to residential or commercial
developments. The sidewalk being proposed on the eastern side of the proposed road
has frontage to existing and the proposed 8-Unit residential properties. This eastern
walkway would be not only the single most purposeful side, but also the safest for
pedestrians to access to and from their homes.
In addition, we have been left with an unusual drainage situation, in which a piece of the
un-abandoned Frederick Blvd. (located at the east end of Avenue F) is currently and
inappropriately being used as drainage storage from the commercial property and
<=t6
City Commission Documentation - Meeting 01/04/05
Highland Grove Estates: Waiver of LDR Sections 4.3.3 (0) (3) (b), 4.6.9 (0) (3) (c) (2). 4.6.14 (A)(2), 6.1.2(C) (3) (a). 6.1.3(8)(1), and
6.1.3(8)(3)(a)
Page 2
Avenue F. This area is the future connection paint ofthe two roads and is a public right-
of-Way.
Pursuant to LOR Section 6.1.3 (D) (1) (b), where it is clear that the sidewalk system will not serve its
intended purpose, the requirement for sidewalks on both sides of the street may be reduced to
installation of a sidewalk only along one side of the street. Generally, sidewalks are required along both
sides of all streets. However, this project was initially approved with the subject section of Frederick
Blvd. remaining private, with an access easement recorded to allow passage by the general public. It
was decided that all of Frederick Blvd. be dedicated, which required sidewalks along both sides. It is
noted a sidewalk does not exist along the west side of Frederick Blvd. south of this property. The area
along the west side of Frederick Blvd. will now accommodate drainage in a swale where the sidewalk
was intended, at the direction of the Engineering and Planning Departments.
The Development Services Management Group (DSMG) considered the request at its meeting of June
29, 2006 and offered favorable support for the request instructing the applicant to move forward with the
official request.
I
ASSEHMENT
I
Granting the requested waiver will not have an adverse affect on the neighboring area, create an unsafe
situation, or diminish the provision of public facilities. Given the conditions under which this waiver is
being requested it is reasonable to believe that the waiver would be granted elsewhere under similar
circumstances. Consequently, a positive finding with respect to LOR Section 2.4.7(B)(5) can be made.
I
. RECOMMENDED ACTION
I
Move approval of the request for waiver to LOR Section 6.1.3 (A), to eliminate the required sidewalk
along the west side of a portion of Frederick Blvd., 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 2.4.7(B) (5) of the Land Development Regulations.
Attachments: Location Map and Site Plan
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
OELRAY BEACH, FLORIOA
WAIVER REQUESTS FOR TROPIC CAY TOWN HOMES
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. These waiver requests have come before the City Commission on July 25,
2006.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the waiver requests for the development
known as Tropic Cay Town Homes. All of the evidence is a part of the record in this
case. Required findings are made in accordance with Subsection I.
I. WAIVER:
Pursuant to LOR Section 6.1.3(A), a five foot (5') wide sidewalk is required along both
sides of the proposed interior street. The applicant has requested that a partial waiver
be granted to this requirement that would require sidewalk construction along only the
east side of Frederick Blvd.
Pursuant to LOR Section 2.4.7(B)(5), prior to granting a waiver, the approving body
shall make a finding that the granting of the waiver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of public facilities;
(c) Shall not create an unsafe situation; and,
(d) Ooes not result in the grant of a special privilege in that the same waiver would
be granted under similar circumstances on other property for another applicant
or owner.
Ooes the waiver request meet all the requirements of 2.4.7(B)(5)?
Yes No
OR
Pursuant to LOR Section 6.1.3 (0)(1 )(b), where it is clear that the sidewalk system will
not serve its intended purpose, the requirement for sidewalks on both sides of the street
may be reduced to installation of a sidewalk only along one side of the street.
Ooes the waiver request meet all the requirements of 6.1.3(0)(1 )(b)?
Yes No
1
3. The City Commission has applied the Comprehensive Plan and LOR
requirements in existence at the time the original development application was
submitted and finds that its determinations set forth in this Order are consistent with the
Comprehensive Plan.
4. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses supporting these findings.
5. Based on the entire record before it, the City Commission approves _
denies _ the waiver request to LOR Section 6.1.3(A),.
6. Based on the entire record before it, the City Commission hereby adopts
this Order this 25th day of July, 2006, by a vote of in favor and opposed.
ATTEST:
Chevelle Nubin, City Clerk
Jeff Perlman, Mayor
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Memorandum
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To: David Harden, City Manager
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From: Lu]a Butler, Director, Community Improvement
Date: Ju]y] 7,2006
Re: Request for a Waiver to the Sie:n Code Section 4.6. 7(F) (7) - Bank of America
Item Before the Commission:
City Commission consideration ofa waiver to Section 4.6.7(F)(7) of the Land Development Regulations (LDR's) governing
the number and placement of wall signs in commercial districts, pursuant to the request by the agent representing the tenaut,
Bank of America, located at 4650 W. Atlantic Avenue. .
Backe:round:
Bank of America is single occupant in a I-story building that fronts West Atlantic Avenue. The business presently has one
free standing monument style sign and one flat wall sign both facing West Atlantic Avenue.
The agent for the application is requesting approval to place a flat wall sign over the main customer entrance of the building
that does not face a dedicated street. The proposed sign will be ]Z" high by IZ' 4 3/8" in length (1Z.33-SF), non-
illuminating blue faced channel letters flush mounted on the end of the building extending over the walk leading to the
parking lot.
Section 4.6.7(F) (7) provides for one wall sign per business along with the requirement that the sign must face a dedicated
street. The wall sign proposed for the west elevation is in excess of what is allowed under the code and does not meet the
test of facing a "dedicated street".
The request for the new sign was heard by SPRAB at their regular meeting of June] 4'"; the board voted 6-0 in support of the
waiver and directed staff to forward the request to the City Commission for their consideration. The board's decision was
based on the findings that because of the orientation of the building with the main entrance on the West elevation, the
additional sign would provide more effective identification for customer entry into the building.
Section Z.4.7(B)(5) of the Land Deve]opment Regu]ations allows the City Commission to grant waivers to the Section of this
code that governs signs, providing the Commission shall make a finding of fact based on one of the following:
. The granting of a waiver shall not adversely affect the neighboring area,
. Shall not significantly diminish the provision of public facilities,
. Shall not create an unsafe situation, and
. Does not result in the granting of a special privilege in that the same waiver would be granted under similar
circumstances on other property for another applicant or owner.
RECOMMENDATION:
Staff recommends approval of the waiver to Section 4.6.7(F) (7), pursuant to the action and recommendation of the Site
Plan Review and Appearance Board for the Bank of America building located at 4650 W. Atlantic Avenue.
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IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
WAIVER REQUEST FOR BANK OF AMERICA
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. These waiver requests have come before the City Commission on July 25,
2006.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the waiver request for Bank of America.
All of the evidence is a part of the record in this case. Required findings are made in
accordance with Subsection I.
I. WAIVER:
LDR Section 4.6.7(F)(7) provides for one wall sign per business along with the
requirement that the sign must face a dedicated street. The Applicant has requested a
waiver from this requirement.
Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body
shall make a finding that the granting of the waiver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of public facilities;
(c) Shall not create an unsafe situation; and,
(d) Does not result in the grant of a special privilege in that the same waiver would
be granted under similar circumstances on other property for another applicant
or owner.
Does the waiver request meet all the requirements of 2.4.7(B)(5)?
Yes No
3. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the original development application was
submitted and finds that its determinations set forth in this Order are consistent with the
Comprehensive Plan.
1
4. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses supporting these findings.
5. Based on the entire record before it, the City Commission approves _
denies _ the waiver request to LDR Section 4.6.7(F)(7).
6. Based on the entire record before it, the City Commission hereby adopts
this Order this 25th day of July, 2006, by a vote of in favor and opposed.
Jeff Perlman, Mayor
ATTEST:
Chevelle Nubin, City Clerk
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Project Name:
Bank of America
Project Location:
4650 W. Atlantic Avenue
Agent:
Sign Craft, Incorporated
ITEM THE BOARD
The item before the Board is for SPRAB's consideration of a waiver to the sign code for a flat wall
sign not facing a dedicated street frontage.
BACKGROUND
The Bank of America is located at 4650 W. Atlantic Avenue in a 1-story bUilding. The agent for
the tenant is requesting approval to place one flat wall sign over the entrance that does not face a
dedicated street frontage. LDR Section 4.6.7(F)(7) Design Standards Matrix, states that wall
signs must face dedicated street frontage.
The proposed sign is to be located on the west elevation of the building which is the main
entrance to the building. It will be 12" high by 12' 4 3/8" in length (12.33-SF), non-illuminating,
blue faced channel letters flush mounted on the end of the building that extends over the
walkway leading to the customer parking lot. The copy reads, Bank of America and the
"flagscape" logo is in red, white and blue. On December 8, 2005, staff approved a flat wall sign
on the north elevation facing W. Atlantic Avenue, updating the existing sign. It is l' 9" high by
12-FT in length (21-SF) illuminated sign box, with "Bank of America" in blue copy on a red
background & the "f1agscape" logo in red, white & blue.
The agent for the tenant is requesting SPRAB's support of a waiver to LDR Section 4.6.7(F)(7). If
the Board supports the request to waive the sign code based on the finding of just cause or
hardship, the final approval must be done by the City Commission.
ALTERNATIVE ACTION
1. Deny the request to support a waiver to the sign code LDR Section 4.6.7(F)(7), the Design
Standards Matrix stating wall signs must face dedicated street frontage, for a flat wall sign for
the Bank of America, 4650 W. Atlantic Avenue, based on failure to make a claim of hardship
or just case.
2. Support the request for the Bank of America to be presented before the City Commission for
a waiver to the sign code, LDR Section 4.6.7(F)(7), which states that wall signs must face
dedicated street frontage, with a recommendation stating the reason for just cause or hard-
ship as requested by the City Commission.
RECOMMENDATIONS
Staff supports the request for a waiver to the sign code for the flat wall sign, because the building
has a unique design in that the customers walk from parking lot into the entrance on the west
elevation. Staff requests the Board stipulate the sign remain non-illuminating as a residential
community borders the property to the West.
Meeting Date: June 14, 2006
Agenda Item: III.A.
Mr. Gregory moved to approve the Minutes of the Regular Meeting of May 24, 2006, seconded
by Mr. Carter.
Said motion passed with a 6 to 0 vote.
III. SIGNS
A. Bank of America: 4650 West Atlantic Avenue: Waiver to the Sian Code: Patricia
Williams., Authorized Aaent.
Chairman Cope opened the Quasi-Judicial Hearing.
Ms. Andrea Strohmer, Plan Review Technician entered the file into the record and presented
the item to the Board. The applicant is requesting support from the Board for a waiver
request to the sign code for a flat wall sign that does not face a dedicated street frontage.
Per LOR Section 4.6.7(F)(7) Design Standards Matrix, states that wall signs must face
dedicated street frontage.
The Bank of America is located at 4650 West Atlantic Avenue in a 1-story building. The
proposed sign is to be located on the west elevation of the building which is the main
entrance to the building. It will be 12" high by 12' 4 3/8" in length (12.33-SF), non-
illuminating, blue faced channel letters flush mounted on the end of the building that extends
over the walkway leading to the customer parking lot. The copy reads, Bank of America and
the "fIagscape" logo is in red, white and blue. On December 8, 2005, staff approved a flat
wall sign on the north elevation facing West Atlantic Avenue, updating the existing sign. It is
l' 9' high by 12-FT in length (21-SF) illuminated sign box, with "Bank of America" in blue
copy on a red background and the "fIagscape" logo in red, white and blue.
If the Board supports the request to waive the sign code a recommendation that states the
reason for just cause or hardship needs to be forwarded to the City Commission for final
approval.
Staff supports the request for a waiver to the sign code for the flat wall sign, because the
building has a unique design in that the customers walk from parking lot into the entrance on
the west elevation. Staff requests the Board stipulate the sign remain non-illuminating as a
residential community borders the property to the West.
Ms. Patricia Williams representing Bank of America stated that the sign will be non-
illuminating.
It was moved by Mr. Gregory, seconded by Mr. Carter to recommend approval to the City
Commission for the waiver request to the sign code for the flat wall sign for Bank of
America, subject to the following conditions. The just cause is because of the orientation of
the building with the customer parking lot located in the back of the building and the
pedestrians need to know where to go.
1. That an address be prominently shown on the monument sign, per staff's approval;
2. That the sign be non-illuminating.
Mr. Gregory stepped down from the dais.
2
SPRAB Minutes 6/14/06
Date: July 17, 2006
Agenda Item No. C4.C
AGENDA REQUEST
Agenda request to be plaeed on:
_X_Regular _ Special
_ Workshop
Consent
When: July 25, 2006
Description of Agenda Item:
Request for a Waiver to the Sign Code. Section 4.6.7(F)(7) - Bank of Ameriea
4650 W. Atlantie Avneue
Ordinanee/Resolution Required: Yes 1 No
Draft Attaehed: Yes 1 No
Recommendation: Approval
Department Head Signature: ~~ "'----------"
{/
City Attornev ReviewlRecommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes 1 No
Funding Alternatives:
Account # & Deseription:
(if applieable)
City Manager Review:
Approved for agenda:@No (Yll\..(
Hold Until:
Agenda Coordinator Review:
Reeeived:
Action: Approved 1 Disapproved
MEMORANDUM
TO:
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~1
AGENDA ITEM # q (') - REGULAR MEETING OF JULY 25. 2006
REJECTION OF BIDS/ROSEMONT PARK PROJECT
JULY 21, 2006
SUBJECT:
DATE:
This is before City Commission for authorization to reject all bids received for the Rosemont Park
Project due to bids significandy in excess of budgeted funding; and authorize staff to re-bid in August,
2006.
The City received two (2) bids for this project and both significandy exceed budgeted funding. The
current budget for this project is $67,000.00 and the bids received were $142,529.00 and $164,447.00.
This is a Community Redevelopment Agency (CRA) funded project. Supplemental funding will be
requested from the CRA in their 2006/2007 budget. Since the additional funding will not be available
until after October ], 2006, the re-bid will be advertised in August, which will coincide with an
anticipated contract award at the October 3, 2006 Commission Meeting.
Recommend approval of the request to reject all bids received for the Rosemont Park Project and
authorize staff to re-bid the contract in August, 2006.
S\City Clerk \agenda memos \Rejection of Bids Rosemont Park 072506
City Of Delray Beach
Department of Environmental Services
M E M 0 RAN DUM
www.MyDelrayBeach.com
TO: David T. Harden, City Manager
FROM: Randal L. Krejcarek, P.E. RJ
DATE: 14 July 2006
SUBJECT: Rosemont Park
Project # 2004-010
Commission Agenda Item
This agenda item is for Commission approval to reject all bids for the construction of Rosemont
Neighborhood Park. The City received two bids for this park.
The current budget for this project is $67,000.00 and the bids received were $142,529.00 and
$164,447.00. Because of this spread between the budgeted amount and actual bids,
additional funding will be requested from the CRA to fund this entire project during the 2006-
2007 fiscal year. Since this additional funding will not be available until after October 1st, the
re-bid will be advertised in August, which will coincide with an anticipated contract award at the
first Commission meeting of October, 2006.
Please place this on the 25 July 2006 Commission Agenda.
Attachments
cc: Richard Hasko, P.E., Director of Environmental Services
Carolanne Kucmerowski
Diane Colonna, CRA Executive Director
Agenda File, January 3, 2006
Project File, 2004-055(E)
s: \EngAdmin\Projects\2004\2004-01 O\OFFlCfAL \2006-07-2 5 agenda memo.doc
OELaAV BEACH
'I. 0 '0"
/
June 8, 2006 @ 3:00 p.m.
";
ROSEMONT PARK
City of Delray Beach Project No. 2004-010
Bid No. 2006-19
SUBMITTED BY:
TOTAL EVALUATED BID
Rosso Paving & Drainage $ 142,529.00
,
.
Welling Construction Inc. $ 164,447.00
Purchasing Division
100 N.W. 1" Ave., Delray Beach, FL 33444
561-243-7161,561-243-7163
Fax 561-243-7163
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ROSEMONT PARK
LOCATION MAP
2004-010
DATE:12-12 2003
ROSOIONTPARK Iocmap
AGENDA ITEM NUMBER: qn
AGENDA REQUEST
Date: July 17, 2006
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda
When:
July 25,2006
Description of agenda item:
Staff requests that Commission reject all bids for construction of improvements at Rosemont Park.
Two bid were received for this project and both significantly exceed budgeted funding. This is a
CRA funded project. Supplemental funding will be requested from the CRA in their 2006/2007
budget and the project will be re-bid such that a contract award will coincide with the beginning of
the fiscal year.
ORDINANCE/RESOLUTION REQUIRED:
Draft of Resolution Attached:
YES
YES
NO
NO
x
X
Recommendation: Staff recomme s 'ection of all bids for Rosemont Park.
-0)0
Department Head Signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review
(required on all items involving expenditure of funds):
Funding available:
Yes
No
Funding alternatives (if applicable):
Account Number:
Account Description:
Account Balance:
City Manager Review:
Approved for Agenda:
~
a4
No
Hold Until:
Agenda Coordinator Review:
Reeeived:
Action:
Approved:
Disapproved:
P.O. #
AGENDA ITEM NUMBER:
MEMORANDUM
FROM:
MAYOR AND C1IT COMMISSIONERS
CIIT MANAGER tlf/!
AGENDA ITEM # <1 E - REGULAR MEETING OF JULY 25. 2006
CM AT RISK CONTRACT/WESTERN/SENIOR COMMUNITY CENTER
TO:
SUBJECT:
DATE:
JULY 21, 2006
This item is before the Commission to consider approval of the Review Committee's rankings of the
Request For Proposals (RFP's) for the Western/Senior Community Center CM At Risk Contract; and
authorize staff to proceed with contract negotiations with the top ranked firm, The Weitz Company, for
the preconstruction services phase of the Western/Senior Community Center Project.
On June 22, 2006, responses were received from the following fIrms and were initially evaluated by the
project Review Committee based on the Phase 1 ranking criteria, the RFP is attached for your reference.
The rankings are as follows:
1. The Weitz Company
2. Stiles Construction Co.
3. Catalfumo Construction Company
4. Suffolk Construction Co., Inc.
5. Hewett - Kier Construction, Inc.
6. BSA Corporation
7. Dipompeo Construction Corp.
8. Dooleymack Construction, Inc.
9. Blue Water Builders, Inc.
10. Kats Construction
11. SFCS (South F]orida Construction Services)
Phase II of the evaluation process involved presentations from the top four (4) ranked respondents to the
Review Committee on July 13, 2006. Prior to July 13, 2006, staff was notifIed by Stiles Construction
Company and Suffolk Construction Company that they were withdrawing from the process due to other
commitments. On that basis, presentations were made to the review committee on July 13, 2006 by The
Weitz Company and Catalfumo Construction Company.
Based on the presentations, the review committee finalized its rankings as follows:
1. The Weitz Company
2. Catalfumo Construction, Ltd.
Based on Phase II ranking results, staff requests that Commission accept the rankings of the review
committee and authorize staff to enter into negotiations with The Weitz Company, the top ranked firm,
for the preconstruction services phase of the CM At Risk Contract for construction of the Western/Senior
Community Center.
S:\City Clerk\ agenda memos\CM at Risk Contract Western Sr Com Ctr Weitz 072506
City Of Delray Beach
Department of Environmental Services
M E M 0 RAN
D
u
M
\1M-Womydelraybeach.com
FROM:
David T. Harden, City Manager
Richard C. Hasko, P .E., Environmental Services Director ~
TO:
SUBJECT:
WESTERNISENIOR COMMUNITY CENTER
CM AT RISK RFP
DATE:
July 15, 2006
Responses to the City's Request For Proposals (RFP) for a Construction Manager (CM) at Risk
eontraet for construction of the Western/Senior Community Center at the northwest eomer of
Congress Avenue and Lake Ida Road were reeeived on June 22, 2006. A total of eleven (11)
responses were evaluated and ranked by a review committee consisting of staff representatives from
Environmental Services, Parks & Recreation and Finance Departments. Responses were initially
evaluated according to the Phase 1 ranking eriteria included in the RFP (attached). The rankings of
responses resulting from the Phase 1 evaluation process were published to respondents on July 6,
2006, and were as follows:
1. The Weitz Company
2. Stiles Construction Company
3. Catalfurno Construction Company
4. Suffolk Construction Company
5. Hewett-Kier Construetion, Inc.
6. BSA Corporation
7. Dipompeo Construetion Corp.
8. Dooleymack Construction, Inc.
9. Blue Water Builders, Inc.
]0. Kast Construction
11. SFCS (South Florida Construction Services)
Phase II of the evaluation process involved presentations to the review committee from the top four
ranked respondents whieh were scheduled for July 13, 2006, in the 1 st Floor Conference Room.
Presentations would be evaluated according to the Phase II eriteria as included in the RFP (attached).
Prior to that date, staff was notified by Stiles Construction Company (ranked #2) and Suffolk
Construction Company (ranked #4) that they were withdrawing from the process due to other
eommitments. On that basis, presentations were made to the review eommittee on July 13th by The
Weitz Company and Catalfurno Construction Company.
Based on the presentations by each of the short listed participants, the review committee finalized its
rankings as follows:
1. The Weitz Company
2. Catalfumo Construction
On the foregoing basis, staff is requesting that City Commission accept the rankings of the review
eommittee as outlined above and authorize staff to negotiate a fee with The Weitz Company for the
preconstruction services phase of the CM at Risk Contract for construction of the Western/Senior
Community Center.
Please place this item on the agenda for the July 25, 2006 meeting for consideration by Commission.
Cc: Joe Weldon, Parks & Recreation Director
Joe Safford, Finance Direetor
Randal Krejcarek, P.E., City Engineer
Jill Skaggs, P .E., Assistant City Engineer
City Of Delray Beach
Department of Environmental Services
M E M 0 R A
N
D
u
M
www.myde/raybeach.com
TO:
All RFP Respondents via FAX
FROM:
Riehard C. Rasko, P.E., Environmental Services Direetor
SUBJECT:
WESTERN/SENIOR COMMUN]TY CENTER CM AT R]SK RFP
DATE:
Ju]y 6, 2006
A meeting of the evaluation committee for the subject project was eonvened on Ju]y 6, 2006 at ] 0 AM in the City
Rail First F]oor Conferenee Room to announce the results of the Phase] evaluations of responses received for the
Western/Senior Community Center CM at Risk RFP, and establish a short list of respondents that will be invited to
make presentations to the committee for the Phase II selection process.
Overall rankings were established as follows:
1. The Weitz Company
2. Stiles Construction Company
3. Cata]fumo Construction Company
4. Suffolk Construction Company
5. Rewett-Kier Construetion, ]ne.
6. BSA Corporation
7. Dipompeo Construetion Corp.
8. Dooleymack Construction, Inc.
9. Blue Water Builders, Inc.
10. Kast Construetion
]]. SFCS (South Florida Construction Services)
The short list of respondents for Phase II presentations was limited to the top four ranked firms with presentations
scheduled as follows:
Thursday, Ju]y 13, 2006, City Rail First F]oor Conference Room
The Weitz Company
Stiles Construction
Catalfumo Construction
Suffolk Construction
10:00 AM
10:30 AM
]]:OOAM
]]:30AM
Presentations will be limited to ] 5 minutes with a 5 to 10 minute question/answer period. A projeetor will be
avai]able for PowerPoint presentations. Respondents must bring all other equipment and materials required for
their presentation.
For questions or eomments, please contact Riehard C. Rasko, P.E., Environmenta] Services Director, City Of
Delray Beach, at (56]) 243-7336 or hasko(wci.de]rav-beach.fl.us.
D. SELECTION PROCESS
1. The purpose of the rating procedures is to equitably judge the responses to the
Requests for Proposals. Each response will be scored and evaluated by the
Selection Committee using the procedures outlined herein.
2. The selection process consists of two phases of evaluation and scoring.
a. The Selection Committee will review and score each proposal. A
minimum of three top ranked proposers will be short-listed and invited to
interview with the Selection Committee. Proposers will be notified in
writing if their firm has been qualified for Phase II of the evaluation and
selection process.
b. The second phase of the evaluation and selection will only be for the
Proposers who are selected from the first phase of the evaluation. The
short-listed firm's interview will consist of a presentation to the Selection
Committee followed by a question and answer period.
2. Each category will be scored and when the scores awarded for all categories are
totaled, the scores will be tabulated and added to achieve the Total Points
awarded to each firm. The Total Points awarded to each firm will be ranked
1,2,3,4, etc. with the highest point total ranked 1, the next highest points total
ranked 2, etc. The ranking of each firm will be tabulated from each Committee
Member and combined with other Committee Members to determine the total
score for the firm.
E. SCORING CRITERIA FOR SUBMITTALS - PHASE 1 (SHORT LIST
PROCESS)
1. The Scoring Criteria is made up of the categories that collectively represent a
Grand Total Point Value of 100 points, as described herein. The points indicated
below as "Points Possible" are the maximum that can be allocated for each
category. The point value shall be the basis of establishing a finalist list of the top
ranking proposals.
EVALUATION CATEGORIES
POINTS POSSIBLE
1.
2.
3.
4.
Related Building Experience
Pre-Construction Services Staff
Construction Services Staff
Location of Offices
40
25
25
10
GRAND TOTAL OF POINTS
100 POINTS
a.
CATEGORY 1 Related Building Experience
40 Points Possible
Scorinq Criteria: Major consideration will be given to the successful
completion of projects comparable in design, type, and scope, the
recommendation of previous Owners and Architects, and other similar
factors.
b.
CATEGORY 2 Pre-construction Services Staff
25 Points Possible
Scorinq Criteria: Consideration will be given to the general and specified
project related capability of the proposer's office staff including the
adequate depth and abilities of the organization which it can draw upon as
needed. This will include management, technical and support staff.
c.
CATEGORY 3 Construction Services Staff
25 Points Possible
Scorinq Criteria: Evaluation of the ability and experience of the proposed
construction services staff with specific attention to project related
experience.
d.
CATEGORY 4 Location of Offices
10 Points Possible
Scorinq Criteria: Points will be awarded primarily for the closeness of the
firm's office to the project site which will have direct responsibility for this
project with adjustments for other offices involved with project.
F. SCORING CRITERIA FOR SHORT LISTED PROPOSERS - PHASE 2 (FINAL
SELECTION)
1. The second phase shall consist of an interviewlpresentation by each finalist in an
effort to further understand the proposals and qualification of the proposing firm.
All finalists shall be considered in equal standing at the beginning of Phase II.
Using the information presented in the firm's written Proposal, finalists will be
expected to address the following:
a. Qualifications of the Firm: The firm will be expected to demonstrate its
experience with projects similar in size, scope and complexity with
emphasis on the construction management process. The firm should
share its experiences bringing innovative and creative input to past
projects.
b. Proposed Project Staff and Functions: The firm shall name the actual
Project Manager, Superintendent, and other key staff to be assigned to
this project, describe their ability and experience and indicate the function
of each within their organization and their proposed role on this project.
The Project Manager and Superintendent shall be present at the time of
the interview.
c. Comprehensive Project Management Services: The firm shall indicate
knowledge and experience in the evaluation of building systems and
construction techniques to create an optimum value in the design and
budget requirements. The firm should demonstrate its approach and plan
for performing this project describing the services to be provided including
its method to competitively bid the subcontracts and to establish a GMP
and its cost reporting methods.
d. Knowledge of Local Conditions: The firm shall demonstrate its knowledge
of the site, local codes and ordinances, local subcontractors, and local
suppliers as an indication of its ability to control the work and deliver
quality workmanship in an effective and timely manner.
2. The Scoring Criteria is made up of the four (4) Categories that collectively
represent a Total Point Value of 100 points. The total points for each Proposer
will be the basis to determine the Top Ranking Proposer.
EVALUATION CATEGORIES
POINTS POSSIBLE
1.
2.
3.
4.
Qualifications of the Firm
Proposed Project Staff and Functions
Comprehensive Project Management Services
Knowledge of Local Conditions
40
25
25
10
GRAND TOTAL OF POINTS
100 POINTS
SCORING CRITERIA:
a.
CATEGORY 1 - Qualifications of the Firm
Possible
40
Points
The firm's experience in similar projects utilizing the Construction
Management process and other successful related CM projects will be
scored. Recommendations from previous Owners and Architects will be
evaluated. Litigation history will be considered.
b.
CATEGORY 2 - Proposed Project Staff and Functions
Possible
25
Points
The Project Management team's experience with similar projects and with
public projects, and Construction Management experience.
Recommendations from previous Owners and Architects will be evaluated.
c. CATEGORY 3 - Comprehensive Project Management Services 25 Points
Possible
The ability and history of the firm and its staff to deliver projects using
effective management tools and techniques will be evaluated.
The firm's scheduling system and cost control system will be evaluated
including methods for assuring subcontractors adherence to schedule. A
comparison of the firm's project profile should indicate their ability to hold to
original schedules and budgets.
The firm's approach to establishing a Guaranteed Maximum Price along
with methods of Cost Control and Reporting Systems used will be scored.
The firm should offer an assessment of the established budget for
construction.
d.
CATEGORY 4 - Knowledge of Local Conditions
Possible
10
Points
The firms should demonstrate their knowledge of the local construction
environment as an indication of their ability to deliver a quality product in an
effective and timely manner.
Page I of 1
Hasko, Richard
From: Planz, John [JPlanz@suffolkconstruction.com]
Sent: Tuesday, July 11, 2006 11 :26 AM
To: Hasko, Richard
Subject: WESTERN/SENIOR COMMUNITY CENTER CM AT RISK RFP
Mr. Hasko:
We would first like to thank you for the opportunity to have presented our Phase I response to the RFP for the
above project. We our honored to have been chosen to make our Phase II Presentation on July 13.
However, we regret to inform you will not be able to make that presentation due to prior commitments of three (3)
of our team members as well as the fact we have recently been awarded a new project that would over extend
our resourees.
We apologize if this causes any difficulties for you, hope that your project will be a successful one and we get an
opportunity in the future to work together.
Sincerely,
John Planz
Projeet Executive, Special Projects
Suffolk Construetion Company, Inc.
0: 561-832-1616
C: 561-261-4044
7115/2006
Page I of]
Hasko, Richard
From: Rebecca Stewart [Rebecca.Stewart@stiles.com]
Sent: Thursday, July 13, 20069:38 AM
To: Hasko, Richard
Cc: David Lowery: Russell Biffis; Doug Walt; Tim Moore; Tim Fiske
Subject: Official Withdrawal Notice - Western/Senior Community Center
Importance: High
Good Morning Mr. Hasko:
On behalf of David Lowery and Stiles Construction Co.:
Please accept this notice as our official withdrawal from the Western/Senior Community Center -
Project No. 2004-047 and presentation. If you have any questions, please contact David at either
954.627.9218 (direct) or 954.562.4004 (cell). If I may be of assistance, please fee] free to contact me at my
direet line listed below. Thank you in advance.
Respectfully submitted,
J<.epec.c.f,\. SteW'Mt I Stites 6c7nstrnc.ticm 6(J. I Bo. p. 6(J(Jr~inM(Jr
?Oo S.r.. .<Cn.~ Street I rvrt LIHf~er~ll,te, rturi~1l, ???Of
T: 't!+.b.<C7.'t.<CfO I r: 't!+.bk7.'tObt I C!kucll,.s:tewMt.@stites.cE'''''
711512006
AGENDA ITEM NUMBER: C\t
AGENDA REQUEST
Date: July IS, 2006
Request to be placed on:
X Regular Agenda
Special Agenda
W orksbop Agenda
When:
July 25, 2006
Description of agenda item:
Staff requests that Commission accept the final rankings of the City's review conunittee of respondents to
the CM at Risk RFP for the Western/Senior Conununity Center and authorize staff to negotiate the fee for
the preconstruction services pbase of the CM at Risk contract with The Weitz Company, the top ranked
respondent.
ORDINANCE/RESOLUTlON REQUIRED:
Draft of Resolution Attached:
YES
YES
NO
NO
x
X
Reconunendation: Staff reconunends acceptance of rankings and to begin negotiations with The
Weitz Company fnons~t. services.
DepartrnentHeadSignature: ~ -~ 7-15-0,"
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Reconunendation (if applicable):
Budget Director Review
(required on all items involving expenditure offtmds):
Funding available:
Yes
No
Funding alternatives (if applicable):
Account Number:
Account Description:
Account Balance:
City Manager Review:
Approved for Agenda:
&
~
No
Hold Until:
Agenda Coordinator Review:
Received:
Action:
Approved:
Disapproved:
P.O. #
AGENDA ITEM NUMBER:
MEMORANDUM
TO:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER~
AGENDA ITEM # CI."F - REGULAR MEETING OF JULY 25.2006
REOUEST FOR OUALIFICATIONS/FIRE STATION #4
FROM:
SUBJECT:
DATE:
JULY 21, 2006
This item is before the Commission to consider approval of the Review Committee's rankings of the
Request For Qualifications (RFQ's) for professional architectural consulting services for the
planning and design of a Fire/Rescue Facility to replace Fire Station #4; and authorize staff to
proceed with contract negotiations with the top ranked firm, Currie-Sowards-Aguila Architects, for
activity programming, preparation of site plan, and all construction documents for permitting and
construction for the Fire Station #4 Replacement Project.
On June 29, 2006, responses were received from the following firms and were initially evaluated by
the project Review Committee. Based on the ranking criteria, the RFP is attached for your
reference, the rankings are as follows:
1. Curtie-Sowards-Aguila Architects
2. Digby Bridges Marsh & Associates, P.A.
3. Stephen Boruff, AIA
4. PGAL, Inc.
5. Borrelli & Partners
6. Dow-Howell-GiImore Associates, Inc.
7. Tamara Peacock Company
8. Walters-Zacktia Associates
9. REG Architects
As a result, staff requests that Commission accept the rankings of the Review Committee and
authorize staff to enter into negotiations with Currie-Sowards-Aguila, the top ranked firm, for
activity programming and preparation of a site plan and all construction documents for permitting
and construction of a replacement facility for Fire Station #4.
$: \City Clerk \ agenda memos\RFQ Fire Station 4072506
City Of Defray Beach
Department of Environmental Services
M E M 0 RAN
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>>-ww.mydelraybeach. com
TO:
David T. Harden, City Manager
v
FROM:
Richard C. Hasko, P.E., Environmental Services Director
SUBJECT: FIRE STATION #4 REPLACEMENT
RFQ FOR CONSULTING SERVICES
DATE: July 15, 2006
Responses to the City's Request For Qualifications (RFQ) for professional architectural consulting
services for planning and design of a Fire/Rescue Facility to replace Station #4 at the northeast comer
of Lake Ida Road and Barwick Road were received on June 29, 2006. A total of nine (9) responses
were evaluated and ranked by a review committee consisting of staff representatives from
Environmental Services and FirelRescue Departments. Responses were evaluated according to the
ranking criteria included in the RFQ (attached). The rankings of responses resulting from the
evaluation process were published to respondents on July 12, 2006, and were as follows:
I. Currie-Sowards-Aguila Architects
2. Digby Bridges Marsh & Associates, P.A.
3. Stephen Boruff, AlA
4. PGAL
5. Borrelli + Partners
6. Dow-Howell-Gilmore Associates, Inc.
7. Tamara Peacock Company
8. Walters-Zackria Associates
9. REG Architects
On the foregoing basis, staff is requesting that City Commission accept the rankings of the review
committee as outlined above and authorize staff to negotiate a fee with Currie-Sowards-Aguila
Architects for activity programming and preparation of a site plan and all construction documents
necessary for permitting and construction of a replacement facility for Fire Station #4.
Please place this item on the agenda for the July 25, 2006 meeting for consideration by Commission.
Cc: Kerri Koen, Fire Chief
Randal Krejcarek, P.E., City Engineer
CITY OF DELRA Y BEACH
REQUEST FOR QUALIFICATIONS PACKAGE
FIRE STATION #4 REPLACEMENT
PROJECT # 2006-016 RFQ # 2006-36
I. GENERAL
The City of Delray Beach is soliciting responses to this Request For Qualifications (RFQ) from interested parties
for the purpose of providing professional consulting services for site layout, program development and
architectural design of a Fire/Rescue facility to replace the existing Fire Station #4 located on the northeast comer
of Lake Ida Road and Barwick Road in Delray Beach. The existing facility is dated in its layout and ability to
accommodate current Fire/Rescue programs and activities. Its location at the intersection of Lake Ida and
Barwick Roads creates access issues due to the primary emergency apparatus access drive proximity to the
intersection. The facility is over twenty years old and is not compliant with many current codes related to
handicap access and storm protection. The structure sustained damage from Hurricane Wilma to its roof and
overhead doors. and roof
II. SCOPE OF WORK
The scope of work to be performed by the selected consultant shall include:
A. Coordination with the City's Fire/Rescue Department staff to develop a program identifYing and defining
activities and services to be provided at the Fire Station #4 facility. This program will provide the basis
for development of site and floor plans for the new facility.
B. Preparation of materials as required by the City's Land Development Regulations for a site plan approval
submittal package and representation of the project at the City's Site Plan Review and Appearance Board
(SPRAB) for obtaining site plan approval.
C. Pre-design services including but not limited to site surveying, geotechnical investigation and analysis
and traffic impact reporting and analysis.
D. Design services within the scope of the practice of Fire /Rescue facility planning, architecture,
engineering, and landscape architecture to provide preliminary and final design, permitting, construction
documents and establishment of preliminary and final project budgets.
E. Construction administration services and onsite observations to enable consultant's certification as
required by regulatory agencies and ensure that the facilities are constructed in compliance with approved
plans and specifications.
III. RFQ SUBMITTAL PACKAGE
Each submittal must include the attached check list labeled "Exhibit A". This check list must appear immediately
after the cover letter. To ensure that all submittals can be evaluated on an equitable basis, the RFQ requires each
respondent to provide the requested information in a prescribed format and organization that excludes
supplemental materials. Any supplemental information included with the response must appear after the required
materials and tabbed "Additional RFQ Information", or under separate cover. The submittal package should be
organized as listed below with one tab for each item.
The submittal package should be organized in the following manner:
1. Cover Letter
2. Check List (Exhibit A)
3. Firm/Team organizational chart which includes:
· Individuals Name and Position
. Name of Firm
. Clear designation of one person who will be the main contact for the respondent
RFQ-I
CITY OF DELRAY BEACH
REQUEST FOR QUALIFICATIONS PACKAGE
FIRE STATION #4 REPLACEMENT
PROJECT # 2006-016 RFQ # 2006-36
(If the respondent is a multi-firm team, please clearly identify all joint venture firms and
responsibilities of each firm.)
4. Proposed Project Team (Exhibit B)
5. Firm's description (Exhibit C) (One for each Firm included in submittal)
(All firms must be clearly identified in your submittal, and their ability to perform assigned
responsibilities must be demonstrated)
6. "Key Staffing" sheet (Exhibit D) (One for each person included in the submittal package)
7. One completed S.F. 254 for prime consultant and each sub-consultant.
8. One completed S.F. 255 for prime consultant and each sub-consultant.
9. Brief (one page maximum) listing of similar previous municipal facility and/or fire station planning,
design, design/build projects.
10. Demonstration of resource availability
One original and seven (7) copies of the RFQ must be received in the office of the Purchasing Department, City
Hall, 100 NW I " Avenue, Delray Beach, FL 33444, no later than by ., eastern time, on _
, at which time a list of respondents will be made public.
In accordance with the American with Disabilities Act (ADA) this docwnent may be requested in an alternate
format.
IV. EVALUATION AND SCORING
Submittals will be evaluated for ranking according to the following criteria:
PERSONNEL EXPERTISE AND OUALIFICATIONS (1--40 points or 40%)
Demonstration of proposed project team:
Professional qualifications to perform work in applicable discipline(s)
. Knowledge of technical criteria and administrative requirements for projects of similar scope.
Past performance level in completing projects of similar size and scope.
FIRM EXPERIENCE (1-30 points or 30%)
Demonstration of Firm:
Qualifications to perform work in applicable disciplines.
Past performance level in completing projects of similar size and scope.
GOVERNMENTAL EXPERIENCE (1-10 points or 10%)
Demonstration of past experience in providing consulting services to governmental agencies by both the Firm and
the proj ect team.
AVAILABILITY AND COMMITMENT OF RESOURCES (I to 20 points or 20%)
Demonstration of the Firm's ability to commit the technical and administrative resources required to complete
projects within established time frames, including responsiveness to specific project requirements.
The Ranking Committee will evaluate respondents using the above criteria. Individual Raters' evaluations will
reflect total point scores and rankings based on those scores.
RFQ-2
CITY OF DELRA Y BEACH
REQUEST FOR QUALIFICATIONS PACKAGE
FIRE STATION #4 REPLACEMENT
PROJECT # 2006-016 RFQ # 2006-36
Overall rankings will be determined on the basis of the cumulative ranking from evaluation sheets completed by
the Rating Committee.
Ties will be resolved on the basis of the total point scores of the evaluation sheets.
RFQ-3
AGENDA ITEM NUMBER: CI."f
AGENDA REQUEST
Date: July 15, 2006
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda
When:
July 25,2006
Description of agenda item:
Staff requests that Conunission accept the final rankings of the City's review committee of respondents to
the RFQ for professional consulting services for the replacement of Fire Station #4 and authorize staff to
negotiate the fee for activity programming, site planning and preparation of construction docwnents for the
facility with Currie-Sowards-Aguila Architects, the top ranked respondent.
ORDINANCE/RESOLUTION REQUIRED:
Draft of Resolution Attached:
YES
YES
NO
NO
x
X
Reconunendation:
Staff reconunends acceptance of rankings and to begin negotiations with Currie-
Sowards-A ila . cts for rofessional consultin services.
7 rS"-OiD
Department Head Signature:
Determination of Consistency with Comprehensive Plan:
City Attorney ReviewIReconunendation (if applicable):
Budget Director Review
(required on all items involving expenditure offtmds):
Funding available:
Yes
No
Funding alternatives (if applicable):
Account Number:
Account Description:
Account Balance:
City Manager Review:
Approved for Agenda:
G
<-/f
rl; ~
No
Hold Until:
Agenda Coordinator Review:
Received:
Action:
Approved:
Disapproved:
P.O. #
AGENDA ITEM NUMBER:
[ITY DF DElRAY BEA[H
DELRAY BEACH
, ". .,
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1993 FROM:
2001
i~,\ :.' ,.J _l.t
MEMORANDUM
,~Vid T. Harden, City Manager
~Robert A. Barcinski, Assistant City Manager
DATE:
July 19, 2006
SUBJECT:
AGENDA ITEM CITY COMMISSION MEETING
AUGUST 17.2006 - SPECIAL EVENT REOUEST
ART AND JAZZ ON THE AVENUE
ACTION
City Commission is requested to endorse the next Art & Jazz on the Avenue scheduled
for August 17, 2006, from 6:00 p.m. to 10:00 p.m., to grant a temporary use permit per
LOR Section 2.4.6(H) for the closure of Atlantic Avenue from Swinton to NE/SE 7th
Avenue, SE 7th Avenue from the north side of Brisca Atlantica property to the north side
of the Brisca Atlantica parking lot entrance, the alley north of Atlantic Avenue between
NE 2'd Avenue and Railroad Way, Railroad Way from Atlantic to the alley just north of
Atlantic, and NE 2'd Avenue from Atlantic Avenue to the alley, the Tennis Center
parking lot, and to authorize staff support for security and traffic control, banner hanging
and removal, barricade set up and removal, trash removal and clean up and use and set up
of the small City stage.
BACKGROUND
Attached are the special event permit request, budget, site plan, hold harmless agreement
and certificate of insurance for this event received from Marjorie Ferrer. Although we
are not asking to close Atlantic Avenue west of Swinton, the event boundary will extend
to NW/SW 5'" Avenue. Entertainment will be located in the library, in front of Atlantic
Grove, and in the Tennis Center parking lot as well as on the pavilion stage at Old School
Square and other locations along Atlantic Avenue. The estimate of overtime cost for this
event is $8,500. Cost for barricade rental is estimated at $275 and stage rental $580.
Although EMS assistance was not requested staff is recommending it be required. Based
on the event agreement, the Downtown Marketing Cooperative is to pay the City 20% for
all costs over $1,000. The estimated charges for this event are $1,670. This event is
sponsored by the Sun Sentinel.
RECOMMENDATION
Staff recommends endorsement of the event, approval of the temporary use permit and
street closure, staff support as requested, including barricades with payment of costs to
the city per the agreement with the Downtown Marketing Cooperative.
RAB/tas
Attachments
r.'\
,.~,
File:u:sweeney/events
Doc: Agenda Item Art and Jazzt;~iust 2~~_ ;_
, ..,'.,
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DElRAY BEACH
, , " .. I U \
City of Del ray Beac~ECEi\;::
Special Event PemfWJ 2 r
Application (;'1 \
PLEASE PRINT
*****
. All-AnBica CIty
, IIII,~
1993
2001
Event Approved/Denied
Approved/Denied by
1. Event NamelTitle: Art & Jazz
2. Event Date(sl: EVAnt Time(s): kg.
Date of Approval/Denial
Title
( 7, 20D(:,
~prvv- lOp""
3. Event Sponsor/Producer: Downtown MarketinQ Cooperative
4. Event ContacUCoordinator: Mariorie Ferrer
5. Address: 64 A SE 5th Avenue. Delrav Beach. FL 33483
6. Telephone Number: 561-279-1380 ext 17 Cellular Number: 561-271-3168
7. E-mail Address: MariorieaD.delravbeach.com
8. Event Description: Art & Jazz is an event that brinQs thousands of people to our
downtown area. The purpose is to provide the settinQ for an open house for
merchants
(If neighborhood block party, then please skip questions #10-35 and go to
question #36)
9. Sponsor Category: (please check) City X Non-ProfiUCharitable D Private D
Co- Sponsor - Non-ProfiUPrivate D
(If Non-profit attach proof of 501c(3), c(4), c(6), c(10) or C(19))
10. Event Location/Address: Atlantic Avenue from NW/SW 51 Avenue to Intracoastal
Waterwav; Street Closures are as follows: Atlantic Avenue from Swinton to NE/SE
yth Avenue; Railroad Wav from Atlantic Avenue to North side of allevwav: NE 2nd
Avenue from Atlantic Avenue to north side of Allevwav: SE yth Avenue in front of
Brisa Atlantica from the north side of the Brisa Atlantica propertv to the North side of
the Brisa Atlantica ParkinQ Lot entrance: Tennis Center ParkinQ Lot: ParkinQ Lot
West of Tropical Flavors
Site plan attached: yes _X_ no
(Site plan required for entire event site)
12. Event budget attached: yes_X_ no
(Required for all events)
13. Serving or selling alcoholic beverages: yes no_X_
(If yes, copy of license and alcohol liability insurance required two (2) weeks
priorto event)
14. Event certificate of insurance attached: yes_X_ no
(Required two (2) weeks prior to event naming the City as additional insured,
alsorequired for vendors)
15. Playing of amplified music: yes _x_no_
(Waiver required) * Request Waiver of Noise Ordinance
16. Requesting Police assistance: yes_X_ no
(Traffic control/security)
17. Will supplement with private security: yes
(If yes, need plan attached)
18. Requesting Emergency Medical assistance: yes
19. Requesting barricade assistance: yes X no
20. Requesting trash removal/clean up assistance: yes
21. Requesting trash boxes and liners: yes X no
22. Requesting stage use: yes X no
(If yes, check type) _\.I.
Large stage covered 0 Large stage no cove'l\ Small stage~alf small
~~D ~ L
23. Requesting signage : yes X no -r:;/~ 71j) ~
Type: Event sign (4'x4') _ Directional signs
Banner hanging _ Indicate dates required 1 week prior
(Waiver required if more than one (1) week prior to event)
24. Food and beverage vendors: yes no X
If yes, please provide the approximate number, as well as the name,
address, and contact phone number of each vendor which is due no later
than one week prior to the event
no
X
no
X
--
X
no
25. Health Department approval: (see attached) yes no
26. Other vendors: -Sponsors only yes no X
27. Tents: yes no X
(If yes, tent permits and fire inspections maybe needed)
28. Will the event include amusement rides? requiring state approval?
Yes no X
(If yes, type and location and copy of liability insurance required)(Also,
please provide the name, address and contact phone number for each
amusement provider along with copies of their liability insurance)
29. Will the event be gated? Yes
(Show on-site map)
30. Will there be fireworks or other pyrotechnics? Yes_ no X
(If yes, contact Fire Marshall)
31. Will there be cooking with compressed gas? Yes
(If yes, contact Fire Marshall)
32. Will you be providing port-a-Iets for the event? Yes X no
(If yes, locate on-site map. If no, indicate how you will handle restroom
needs)
33. Will there be a charge for the event? Yes
(If yes, indicate ticket prices)
34. Is reserved parking requested? Yes
(If yes, indicate locations)
no
X
no X
--
no
X
no
X
--
2
35. Neighborhood Block Parties (Neighborhood block parties on(y)/
. Is event sponsored by the Homeowner's Association? yes_ n~
(If not, then individual(s) submitting permit application must also submit a
petition signed by 51% of the homeowners who live on the block)
. Please note the following: 1) Approvals will only be given for a one (1)
block area 2) Permit applications must be received in writing by the City
Manager's Office at least thirty (30) days prior to the event.3)
Consumption or sale of alcohol on City rights-of-way will not be
permitted.4) Structures other than barricades are not allowed in City
rights-of-way.5) Homeowners Association will be required to pay all
overtime costs that may be incurred as a result of City staff involved in the
event.
~
Date
L\1A-M~G. r~
Please enclose the appropriate non-refundable application fee payable to the
City of Delray Beach, 100 NW. 1stAvenue, Delray Beach, Florida 33444.
For Staff Use Only fy.c.. 'O{--r O(I?
Date Received ~ion fee received $ 100.00 II
Site map ./
Budget V /'
Certificate of insurance v
.
Hold Harmless agreement V
Security plan - /
Waiver alcoholic beverage ....v
Railroad approval V-
Coast Guard approval -
501c(3) or (d) certificate or letter .-
Health Department approval
Fire Inspector approval
Police Department approval
Public Works approval
Parks and Recreation approval
City Commission approval
3
SPECIAL EVENT
HOLD HARMLESS AGREEMENT
The Delray Beach Downtown Marketing Cooperative (comprised of the
Community Redevelopment Agency, Downtown Development Authority,
Chamber of Commerce and the City of Delray Beach) agrees to indemnify, hold
harmless and defend the City of Delray Beach, its agents and employees from all
suits, actions and claims including attomey's fees and costs attendant to any
claim, litigation, administrative proceeding, appeal and jUdgment of every name
and description brought against the City as a result of loss, damage or injury to
person or property arising from and in exchange for the Delray Beach Downtown
Marketing Cooperative use of City Facilities or property for the special event of
* ~,. AA"V '7'+'41 "IV nt~ AVGlVvE and hereby releases the City
of elray Beach, Its agents and employees from all SUitS, actions and claims
including attorney's fees and costs attendant to any claim, litigation,
administrative proceedings, appeal and judgment of every name and description
brought against the City as a result of loss, damage or injury to person or
property arising from the special event of 4Ar -I"'P hi ~:z.. e>jI; ritE A YG"IVVC:
* This Indemnification and Hold Harmless and Defend Agreement is only to the
extent of insurance maintained by the Delray Beach Downtown Marketing
Cooperative as covered under Scottsdale Insurance Company Policy number
CLS 1218540.
04
~ Lamar Shuler, Vi9El=Chairman
Comm . 0 genc
,
\
_/
------- ----------
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IS Carbo , hair
Downtown Development Authority
a~~~
William Wood, Pre Ident
Chamber of Commerce
~/f~''':
Robert Barcinski, Assistant City Manager
City of Delray Beach
.--~
Revised 4/21/06
ACORD~ CERTIFICATE OF LIABILITY INSURANCE CIPI~2~ "'TE~"\)
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MEMORANDUM
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER [flvll
AGENDA ITEM # q \\ - REGULAR MEETING OF JULY 25. 2006
PROPOSED PALM BEACH COUNTY BED TAX INCREASE/PALM
BEACH COUNTY LEAGUE OF CITIES. INC.
TO:
FROM:
DATE:
JULY 21, 2006
This is before Commission to provide direction regarding the proposed Palm Beach Countywide Bed
Tax increase from four (4) cents to five (5) cents to finance the expansion of Convention Center
parking and future expansion of the Center.
The Palm Beach County League of Cities, Inc. is requesting feedback on the proposed Countywide
Bed Tax increase. Please see the attached memo from the League for additional details.
The Commission is requested to provide direction regarding how the City representative should vote
on this issue.
S:\City Clerk\agenda memos\CM PBCLOC Bed Tax 072506
~
Palm Beach County
LEAGUE of CITIES, Inc.
PBC-LOC Memo
To:
From:
Date:
Re:
League of Cities Board & Members
Jamie Titcomb, Executive Director
July 13, 2006
Countywide Issue - Staff Report
This item was given to us by representatives of the county's Tourist Development Council (!DC) in regards
to a proposal on a countywide bed tax increase of one penny to help fund the completion of the county's
convention center campus. The League is circulating this to you and requesting your feedback. We can
schedule a brief information presentation at our July 26th General membership meeting, or we can schedule
a more formal presentation for an official position from the board at the next available board meeting. Please
either give your feedback to the League office, and we will move forward accordingly.
TDC submitted narrative:
PBC wishes to add a fifth penny to the 4 penny bed tax to finance the expansion of
Convention Center parking and future Center Expansion
Adding a fifth cent to the bed tax is the only option feasible to make the Convention
Center and the Convention Center Hotel viable. This one penny tax when added to the
current 4 cent bed tax will allow for expansion of the Convention Center, and the
construction of the needed parking garage for hotel and convention center. The four
cents currently charged provide for marketing of tourism into Palm Beach County,
restoration of beaches, support of activities, promotions and events in Palm Beach
County to bring more visitors into our area.
Palm Beach County government, the Palm Beach County Convention Center, the CVB
and Ocean Properties LTD are in process of finalizing plans for the parking garage that
will serve both the Convention Center and the convention center hotel being constructed
by Ocean Properties Ltd. The parking garage wiil have 1700 spaces. An architect has
provided help with location of the facility on the site and ensuring access for both the
hotel and convention center including a tunnel running along the side of the Convention
Center and changing valet parking exits to side street. This latest plan will conserve the
site so that when expansion of the Convention Center occurs in 7-10 years the whole site
will not be disrupted.
I jtitcomb@pbcgov.com
Tel. 561-3554484' Fax 561-355-6545
P.O. Box 1989, Gov. Center, West Palm Beach, FL 33402
Office: Governmental Center. 301 North Olive Ave., West Palm Beach, FL 33401
City of Delray Beach
Memo
To: City Commission
From: City Manager f!V1
CC:
Date: July 21,2006
Re: Proposed Millage for FY 2007
I recommend that the proposed millage for FY 2007 be set at 7.00 mills, a reduction of 1.00 mill from the
2006 ad valorem tax rate. This reduction Is equal to $6,332,820 in revenue. In light of the phenomenal
increase in the City's tax roll this year, I think it would be well to share some of thai increase with our tax
payers. Bear in mind also that the proposed millage could be reduced further when the Commission sets the
tentative millage and lhe final millage after public hearings on the budget, but it is very difficult to increase the
rate above the proposed rate since it requires written notification to every properly owner in the City.
At 7.000 mills the City's properly tax revenue will increase $6,114,690 over last year. However, properly
taxes generate only 56.7% of the City's General Fund revenues. Total General Fund revenues increased by
$9,526,400 over the FY2006 beginning budget, so revenues other than properly taxes went up much less.
This additional revenue is iargely offset by the foiiowing cost increases:
Salaries
Police and Fire Pension
Retiree Health Trust
Health Insurance
Worker's Compensation
Total Personnel Costs
Electricity
Fuel
Properly Insurance
Take Home Cars
Debt Service
Transfer to CRA
Library Funding
Total Expense Increases
$1,865,190
$ 385,156
$ 151,750
$ 330,492
$ 309,566
$3,042,154
$ 170,957
$ 169,746
$1,143,570
$ 355,650
$ 584,280
$2,003,420
$ 300,000
$7,769,777
qI
To this must be added the $700,000 more requesled for salary increases, and a $650,000 increase in
transfers to the Capital Improvement Program to offset increases in construction costs.
This budget includes the following additional full-time positions in the General Fund:
. 1 Administralive Assistant -Infonnation Technology (upgrade from part-time)
. 1 Senior Planner - Pianning & Zoning/Current Planning Division
. 1 Staff Assistant - Parks & Recreation/Pompey Park Division (upgrade from part-time Office
Assistant)
. 1 Lead Lifeguard - Parks & Recreation/Aquatics Division
I believe thai all these positions are needed to maintain or make requesled improvements in the selVices we
provide to our citizens
Our complete budget proposal is being distributed with this agenda package. I look forward to working with
you to finaiize our spending plan for FY 2007. In add~ion our regular work session on August 8, I
recommend an extra work session be scheduled for budget review on August 22. A third work session could
be scheduled for August 29 if necessary. As we have in some prior years, we will also ad an agenda item to
the regular meeting agendas in August for "Public Comments on the Proposed Budget."
2
MEMORANDUM
TO:
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER 1JJ'i\
AGENDA ITEM # '\:J" - REGULAR MEETING OF TULY 25. 2006
APPOINTMENTS TO THE EDUCATION BOARD
SUBJECT:
DATE:
JULY 21, 2006
The terms for Ms. Jennifer Ferreri and Ms. Suzanne Katz will expire on July 31, 2006. Ms.
Ferreri and Ms. Katz will have served one (1) full term and would not like to be reappointed.
This will create vacancies for two (2) regular members to serve two (2) year terms ending July 31,
2008.
Secondly, Logan Perel and Kassandra Engroff have graduated from Atlantic High School and are
no longer eligible to serve on the Education Board. This creates vacancies for one (1) student
member to serve a one (1) year term ending July 31, 2007 and one (1) student member to serve
an unexpired term ending July 31, 2007. At this time, there is one (1) student applicant who
wishes to serve on the Education Board.
Members of the Education Board must be a resident of the City, own property, own or operate a
business within the City or have a child attending Delray Beach public schools. It is the intent,
whenever possible, that the membership include persons with a background in business, real
estate and/ or education.
The following individuals have submitted applications and would like to be considered for
appointment:
(See Exhibit "A" Attached)
A check for code violations and/or municipal liens was conducted. None were found. Voter
registration verification was completed and all are registered with the exception of Jordan Coyne
who is a student and does not meet the age requirement to vote.
Based on the rotation system, the appointments will be made by Commissioner Levinson (Seat
#3), Commissioner Ellis (Seat #1) and Commissioner Fetzer (Seat #2) for two (2) regular
members to serve two (2) year terms ending July 31, 2008, and one (1) student member to serve a
one (1) year term ending July 31, 2007.
Recommend appointment of two (2) regular members to serve two (2) year terms ending July 31,
2008, and one (1) student member to serve a one (1) year term ending July 31, 2007.
EDUCATION BOARD
EXHIBIT "A"
Applicant
Background
Jordan Coyne
Student
Katherine Fazio
Administrative Assistant/Business Owner/Marketing &
Sales
Bernard Federgreen
Director of Operations (currendy serving
Neighborhood Advisory Council and
Enforcement Board)
on
the
the
Code
Gerald Franciosa
Law Enforcement
Philip Friedman
Assistant Financial Aid Director (currendy serving on the
Nuisance Abatement Board)
Peter Raycroft
Educator
06/06
EDUCATION BOARD
TERM EXPIRES NAME & ADDRESS OCCUPATION TELEPHONE
07/31/2007 Bradley Bradford Home: 272-9314
App' 07/05/05 65 SE S'h Avenue #N Office: 272-8991
Delray Beach, FL 33483 Pediatrician
07/31/2006 Jennifer Ferreri Office: 672-4860
App, 07/06/04 1820 S. Ocean Blvd #1-H Cell: 707-6687
Delray Beach, FL 33483 Financial Analyst
07/31/2006 Debra Kaiser, Chair Home: 599-2894
App, 07/06/04 684 Lakewoode Circle West Fax: 638-4018
Delray Beach, FL 33445 Quality Executive
07/31/2006 Suzanne Katz Home: 865-2000
App, 07/06/04 1765 Satin Leaf Court
Delray Beach, FL 33445 Intervention Specialist
07/31/2006 Harold Van Arnem Home: 272-0550
Unexp Appt 12/13/05 733 N. Ocean Blvd. Work: 272-2912
Delray Beach, FL 33483 Developer
07/31/2006 Peggy Murphy, Vice Chair Home: 638-6859
App' 07/06/04 4622 Ellwood Drive Office: 243-7922
Delray Beach, FL 33445 Director Fax: 243-7018
07/31/2007 Susan Sikich Home: 272-0554
App' 07/05/05 1117 Harbor Drive Cell: 312-505-6810
Delray Beach, FL 33483 Administrative Assistant
07/31/2007 Sandra Tobias Home:
Unexp Appt 02/21/06 4464 Cocoplum Way Cell:
Delray Beach, FL 33445
Real Estate/Educator
07/31/2007 Perry Stokes Home: 243-4856
Unexp Appt 01/03/06 2845 SW 22"d Avenue #108 Cell: 634-0556
Delray Beach, FL 33445 Educator Office: 638-2100
07/31/2007 Mary McKenna Office: 703-9318
App,07/19/0s 637 Ibis Drive Home: 276-2719
Delray Beach, FL 33444 Business Advisor Cell: 703-9318
07/31/2007. Marlo Belkin Home: 274-6932
Unexp Appt 01/03/06 21 NE 11 ,h Street Office: 279-2970
Delray Beach, FL 33444 Cell: 789-0578
Educator
STUDENT MEMBERS (one
term limit)
07/31/2007
2 YEAR TERM
Unexp Appt Vacant
07/31/2007
lYEARTERM
Vacant
CITY REPRESENTATIVE:
COMMISSION LIAISON:
Janet Meeks - City Planner 243-7231
Fred Fetzer (primary Member)
Jeff Perlman (Alternate Member)
DElRAY BEACH
.....
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1993
2001
S!zld'&rf
CITY OF DELRAY BEACH 2006
BOARD MEMBER APPLlCATlcWf 0 R
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1.
'8 fj'tJfl
M.I.
2.
3.
City
56-.m e
City
4. Pnncipal Business Address:
~
:J. Home Phone:
Business Phone:
tJ~
E-Mail Address:
CeIl Phone:
o n..Q.. l\J (){\Q..
Pax:
5
6.
t30cud
7. ~'hat Boud(s) ace you Ulterested in secvJng? Please list in order of preference;......
8. List all City Boards on which you ace currently serving oc have previously served: (please include dates)
ON
9. Educational qualification" r r
10. List any related professional certifications and licenses which you hold:
11. Give your present, or most recent employer, and position:
;-
12 Describe experiences, skills or knowledge which qualify you to serve on this boaed: (please attach a brief resume)
I hereby certify that an the above statements ace true, and I agree and understand dlat any misstatement of material facts
contained in this application may cause forfeiture upon my part afany appointment I may receive.
~'fl {) (0
DA
Note: TIlls application will remain on file in the City Clerk's Office for a period of 2 years from the d,te it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
S\CITY<1I!:Rk'\80ARDIAPPLIcA TION
Jordan Coyne
Defray Beach, FI
Freshman in Atlantic's 18 Program
As an 18 student at Atlantic High, and a teenager with a passion to help,
my presence on the Education Board would create a profound and positive
impact. I have been to three Delray Beach Schools, for a year each. Those
schools were Carver Middle, and Atlantic, which were public, and American
Heritage, a private school, thereby providing me with two diverse perspectives on
education in this great city.
I am anxious to continue to serve Delray and its children. My community
service indudes creating a healing event after September 11th, volunteering at
the mayor's pajama party for reading, and sharing the wonders of literature
through David's Drawings. David's Drawings was the children's book chosen for
all the kids in Delray to read. I worked in Old School Square, along with friends,
to complete a life size portrait of !he book and explain how important literature is
for young children. I truly believe that literature is the key to success in school
and life and through our help we can change a child's Mure for the better.
P~I\;'\':B~!2"! ,~O i 7/0 ~
.c;.\ ,I
ri 1....luIJ- 0'~ \\ 1 'l\\\\~ CITY OF DELRAY BEACH .fir-<:" J /
~ ,~ ~~~ (j\-.~1iOARD MEMBER APPLICATION"#- v--;
1993 (j \,\'t
2001 ^./ J 7// . V .
-J.IL {r OJ ~/\./
M.1.
* * * * *
L
Zi Code
1.
2.
3. Legal Residence:
Zip Code
4. Principal Business Address:
City
State
Zip Code
5. Home Phone:
Business Phone:
E-Mail Address:
Cell Phone:
Fax:
~ -
6. Are you a registered voter?
C /Z.IJ
U (jL.. A: U1 I-
8. List:ill Gty 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:
r/l.A..-
9
v-L- ck. ~ c-',f., US SO d
hereby certify that :ill the above statements are , and I agree and und tand that any rnisstaterne t of material facts
contained in this application may cause forfeiture upon my part of any appointment I may receive.
_l:'u:f ~.~ fib /:. ,~/6;6'
SIGNATURE DATE 7
Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
S"C.rrvn.J1RI{\ROAIlO\APPf.tr'ATTClN
RESUME
KATHERINE FAZIO
1118 Harbor Drive
Delray Beach, Florida 33483
HOIRe:561-276-4939
Mobile: 561-289-2320
Email: k6464@aol.com
Objective: To participate as a citizen on the Gty of Delray Beach Boards
Experience: 9/2005 - Present
Carl W. Timpson Delray Beach, FL
Timpson hwestments, Inc.
Assistant
Work part-time providing administrative assistance. Written client
communications, phone work, bill paying and IRore.
6/2005-9/2005
Randolph T. Ely Delray 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 Delray Beach, FL
Owner
Initiated and operated a local stationery business. Represented 35
different companies to a rustomer base of over 300 people in the Delray
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: 912001- Present Paul's Place After School Delray Beach, FL
Board Member and Volunteer
911999 - 912004
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
DELRAY BEACH
.-.. .. .. . . ...
*****
IOjlqry
iij)"r
1993
2001
CITY OF DELRAY BEACH RECEiVED
BOARD MEMBER APPLICATION OCT 1 4 2005
CITY CLERK
Please rint the followin
L LastName:i?
2. Home Address:
(
3. Legal Residence:
/~(, ,
4. Ptincipal Business Address:
information:
I/E
d/
.8~
State
;==z:. ,
State
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M.L~
o
Zip Code
33
Zip Code
33Yw
El?/V
AVE"
State
Zip Code
~
~
S. Home Phone:
Business Phone:
1;( :21./-333
6. Are you a registered voter?
-
E-Mail Address: Cell Phone:
/id (J 3f cPr (jt)()
Fax:
7.
8. List all City Boards on which you are currendy serving or have p~ousLy served: (please include dates)
. - --/(/&. //,
~
10. List any related professio~ certifications and licenses which you hold;
. tl' ~
11. Give your yresent, 0
&M-~M
mployer, and.,.position:
a - VIl2 0
Of? t:)f!e/C 4!f7 tJ71
. 12. Dtl;cribe experiences, skills or knowledge which qualify you to serve on this board: (please atbch a brief resume)
If l~et!J ,C7f??/A.A s ur~ _
~
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CITY OF DELRAY BEACH €.CE.\\JE.O
BOARD MEMBER APPLlCATlott" 1,\)\)lj
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2001
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6 l:,/ ~t.b 0607'
6_ ALe you ll. ~t.;:.red vot:e:t:?
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8.
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In r.lsl;:lIll' zeb.ted prof""siowd certifj=cioua and li",,= which you hold
11. Give y~U( pr""~t. or =t ("cent caiployer, and position;
12. D<=ribe c:perl=. sldlls oc kno'O:'\edg" whi& qw.1ilY)'<><t to s=r" "n chis "",<I: (Pi"",,, :unch .. hcid' <ellane)
ru
application. will r=aia on file in th.e City Q<:dt's Office for a p.oaod of 2 y= from <he <htc it =
mil!t<:d. It will be the appli=n6 n:spon:.ibtlity Co cUsurc d,$.t a =en. "PP~c:uion is <>0 file- _
~~~~
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.
fiji~
1993
2001
CITY OF DELRA Y BEACH
BOARD MEMBER APPLICATION
?/101
(Mire'/' s~])I TeOI
p~':B~S:t-!
*****
Please
1.
N
3.
infornutioo:
~te
State
IV
2.
S
14. Principal Business Address:
12e I",
5. Horne l.'hone: Business Phone:
00(
6.
City
State Zip Code
E-Mail Address:
Cell Phone:
Fax:
8.
IV
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7.
9.
10. List any relatFd pr,?f~ional certifications and Ii,fenses which you hold:
,,^-.e..~oZ ~vV -S ~~'3 I CC.eJJ<<-e-
~\Vf{'Sl
rz.elZ- IN cJZ.. e..o~ !JS5OC\(9C
biote: 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'CfIYamtIJOOAIW\AI'PUCATION
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DRRAY BEACH
. , .. .. . .. ...
*****
iijW
1993
2001
/1/;/1 _ .
CITY OF DELRAY BEACH REC~if2
BOARD MEMBER APPLlCATIO~V _ 1 2005
CITY CLERK
Please rint the followin
1. Last Name:
Name
~
Mn
M. I.
City
State
2. Home Address:
'2\
3. Levi Residence:
City
.;sa.
4. Principal. Business Address:
City
State
Zip Code
5. Home Phone:
{
Business Phone:
E-Mail Address: Cell Phone: Fax:
. ()av-d~ 5/0'4\ '_=-:>
, C!DN\ '-'..J.:JI
If so, where are you registered?
0'7
6.
00
7.
8. List all City Boards on which you are currendy serving or have pceviously served: (Please include dates)
~
':1,
to. List any related professiollill cerci
11. Give yaw; present, or l"ost r
rtify that all the above statements are true, and I agree and understand that any misstatement of material facts
. this appli 'on rm. use forfeiture upon my part of any appointment I rm.y receive.
. IOr9-~ 10J
DA'IE 1
"' ote: 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 appliomt's responsibility to ensure that a current application is on file.
c:LrJ} t;/I a. . =<=WBOARDW'ruCATION
/1(
T!-1
I.
TO: DAVI~D M,ANAGER
THRU: PAULl}. lNG, RE R OF PLANNING AND ZONING
FROM: ESTELlO BRETO, S
SUBJECT:
MEETING OF JULY 11, 2006
APPEAL OF THE SITE PLAN REVIEW AND APPEARANCE BOARD'S DENIAL OF
THE CLASS V SITE PLAN, LANDSCAPE PLAN, AND ARCHITECTURAL
ELEVATIONS ASSOCIATED WITH THE CONSTRUCTION OF A 3-STORY SELF-
STORAGE BUILDING WITH 51,596 SQUARE FEET OF STORAGE AREA AND 1,000
SQUARE FEET OF OFFICE FLOOR AREA TO BE KNOWN AS ROBOTIC SPACE
SAVERS.
The action requested of the City Commission is that of consideration of an aooeal of the Site Plan Review
and Appearance Board's denial of a Class V site plan, landscape plan, and architectural elevations
associated with the construction of a 3-story self-storage IJuilding known as RolJolic Space Savers. The
suIJject property is located on the southwest corner of Conklin Drive and Military Trail. The Sile Plan
Review and Appearance Board's action was taken on May 24, 2006. The action was appealed on May
30, 2006 IJy Michael Weiner, agent for the proposed development. This appeal is IJeing processed
pursuant to LDR Section 2.4.7(E) Appeals.
.1
The suIJject property measures 0.99 acres and is located on the south side of Conklin Drive. The property
is IJordered to the north IJy Tire Kingdom, to the south IJy Sierra Vista attached single family homes, to the
west, conlaining single family homes is the Rockland Park suIJdivision, and to the east (across Military
Trail) IJy the High Point of Delray East Condo development. The suIJjecl property is currentiy vacant and
the applicant is proposing to IJuild a 3-slory self storage IJuilding wilh associated parking and landscaping.
At its meeting of May 24, 2006 the Site Plan Review and Appearance Board reviewed and denied (IJy a
vote of 6-0) the Class V site plan, landscape, and architectural elevations associated with the construction
of one 3-story self-storage IJuilding known as RolJolic Space Savers. The Board followed the estaIJlished
quasi-judicial procedures in considering the project. There was puIJlic testimony from Mr. James Ferrara,
Attorney for the PuIJlic Self Storage Facility to the north who had concerns that this project was not
meeting the LDRs with respect to minimum lot area requirement, the maximum height of fifteen (15) feet
and the requirement to provide on-sile living quarters for a manager.
I~I
On May 30, 2006, the Site Plan Review and Appearance Board's action was appealed IJy Michael
Weiner, agenl for the proposed development. The proposed IJasis of the appeai is that the action taken
IJy the Site Plan Review and Appearance Board was inconsistent with the Comprehensive Plan and the
Land Development Regulalions (LDR). What follows is an excerpt of the letter of appeal suIJmitted IJy
Michael Weiner:
"The action being appealed is the denial of the Class V Site Plan, Landscape Plan, and Architectural
Elevations associated with the construct/on of Robotic Space Savers which was heard at the Site Plan
Review and Appearance Board (SPRAB) meeting of May 24, 2006. The action was taken by the
SPRAB Board on May 24, 2006. The basis of the appeal is as follows:
\OA
City Commission Documentation
Meeting of July 11, 2006
Appeal of SPRAB Action - Robotic Space Savers Appeal
Page 2
. The action taken by the Site Plan Review and Appearance Board was inconsistent with the
LOR's for the City of Delray Beach, Florida;
. The action taken by the Site Plan Review and Appearance Board was inconsistent with the
laws of the State of Florida;
. The action taken by the Site Plan Review and Appearance Board was inconsistent with the
goals, objectives and policies of the Future Land Use Element of the Comprehensive Plan;
and
. The action taken by the Site Plan Review and Appearance Board was contrary to the weight of
the evidence presented at the meeting of May 24, 2006.
The relief being sought Is that the request of a Class V Site Plan, Landscape Plan, and Architectural
Elevations associated with the construction of Robotic Space Savers be reversed and that they be
approved and that the denial be overturned. "
The Board denied the proposal based upon a failure to make positive findings to LDR Section 3.1.1 (D)
LDR Compliance as it did not meet several LDR requirements including height requiremenl [LDR Section
4.3.3(A)(2)(b)], minimum lot size requirement [LDR Section 4.3.3(A)(1)], on site manager requirement
[LDR Section 4.3.3(A) (4)], and building design (compound type with defined masonry perimeter) [LDR
Section 4.3.3(A)(2)(a)]. The applicant argued that by the nature of the SAD any proposal wili comply with
the LDR because the SAD zoning districts allows you to make up the rules you must compiy with.
However, this is not the case when special regulations for a specific type of use, regardless of the zoning
district in which they are located, are identified in LDR Section 4.3.3 (Speciai Requirements for Specific
Uses: Self-Service Storage Facilities).
The Board also found the proposed development to be inconsislent and incompatible with lhe adjacent
development pattern to the south, east, and west of the subject property. Thus, posilive findings cannot
be made with respect to FLUM consistency required by LDR Section 3.1.1 (C). In addition the request
was not consistent with the Comprehensive Plan Future Land Use Objective A-2, Future Land Use
Element Policy A.2.2, and Future Land Use Element Policy A.2.3 nor LDR Section 2.4.5 (F)(5) which call
for development to be complimentary to adjacent land uses regardless of zoning.
I
Deny the appeal of the Class V site plan, landscape plan, and architectural elevations for Robotic Space
Savers, based upon a finding that the Site Plan Review and Appearance Board, correctly considered the
appropriate LDR sections and related Comprehensive Plan policies in their deliberations, and finding that
the request is inconsistent with the Comprehensive Plan Future Land Use Element Objective A-2, Future
Land Use Element Policies A-2.2 and A-2.3 and based upon a failure to make required findings to LDR
Seclion 2.4.5 (F)(5) (compatibility wilh adjacent properties) Section 3.1.1 (C) (consistency) and Section
3.1.1 (D) (LDR compliance), more particularly LDR Section 4.3.3 (A) (Special Requirements for Specific
Uses).
If the City Commission wishes to overturn the SPRAB denial we would recommend the following motion:
Overturn the SPRAB denial of the Class V Site Plan, landscape plan, and architectural elevations for
Robotic Space Savers, based upon a finding that the Site Plan Review and Appearance Board, correctly
considered the appropriate LDR sections and related Comprehensive Plan policies in their deliberations,
and finding that the request is consistent with the Comprehensive Plan and based upon a positive finding
with respect to LDR Section 2.4.5 (F)(5) and Section 3.1.1, subject to the following conditions:
1. That pursuant to LDR Seclion 4.3.3(A)(1), additional land be acquired to provide a minimum lot
area of two (2) acres or alternatively that the applicanl request a waiver 10 this LDR requirement:
2. Thai pursuant to LDR Section 4.3.3(A)(2)(a), the five (5) overhead doors proposed along the
north building elevation facing the Conklin Drive right-of-way be revised 10 minimize or eliminate
City Commission Documentation
Meeting ot July 11, 2006
Appeal of SPRAB Action - Robotic Space Savers Appeal
Page 3
visibility of the overhead doors from the Conklin Drive right-of-way, or alternatively that lhe
applicant seek a waiver to this LDR requirement;
3. ThaI pursuant to LDR Section 4.3.3(A)(2)(b), the proposed building shall be revised not to exceed
fifteen feet (15') in height, or alternatively that the applicant seek a waiver to this LDR
requirement;
4. That pursuant to LDR Section 4.3.3(A) (4), an on-site manager office and living quarters be
provided, or alternatively that the applicant seek a waiver to this LDR requirement;
5. That pursuant to LDR Section 4,6.8, the applicant shall provide details of the cutoff luminaries or
fixtures with cut-off shielding and light poles. In addition, the applicant shall revise the photometric
plan to comply with the standard illumination levels established by the City of 4.0 f.c. maximum
and a 1.0 f.c. minimum average.
Attachments: Location Map, SPRAB Staff Report, and Appeal Letter
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
ROBOTIC SPACE SAVERS,
Appellant(s),
vs.
CITY OF DELRAY BEACH,
Appellee.
/
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. This appeal of a site plan denial has come before the City Commission on
July 25, 2006.
2. The Appellants, Appellee and City staff presented documentary evidence
and testimony to the City Commission pertaining to the appeal of the Class V Site Plan
for Robotic Space Savers. All of the evidence is part of the record in this case.
Required findings are made in accordance with Subsections I and II.
I.
COMPREHENSIVE PLAN:
REQUIREMENTS MET?
ARE THE COMPREHENSIVE PLAN
a. ComDrehensive Plan - Future Land Use Element Obiective A-2: This
objective requires the reduction and eventual elimination of uses which are inconsistent
with the character of the City of Delray Beach, or which are inconsistent with
predominant adjacent land uses.
Is this objective met?
Yes No
b. Future Land Use MaD: The resulting use of land or structures must be
allowed in the zoning district within which the land is situated and said zoning must be
consistent with the applicable land use designation as shown on the Future Land Use
Map. The subject property is zoned Special Activities District (SAD).
Future Land Use - Is project's proposed location consistent with the
Future Land Use Map?
Yes
No
c. Future Land Use Element Policy A-2.3: Development of remaining
vacant properties shall occur in a manner which is consistent with and
complementary to adjacent development regardless of zoning
designations.
Is this project complementary to adjacent uses?
Yes
No
II. LAND DEVELOPMENT REGULATIONS: ARE THE LDR REQUIREMENTS
MET?
a. Consistency (Standards for Site Plan Actions): Compliance with
performance standards set forth in Chapter 3 and required findings in Section
2.4.5(F)(5) shall be the basis upon which a finding of overall consistency is to be made.
i. Is the building design, landscaping, and lighting (glare) such
that they create unwarranted distractions or blockage of
visibility as it pertains to traffic circulation?
Yes
No
ii. Vacant property shall be developed in a manner so that the
future use and intenSity are appropriate in terms of soil, topographic,
and other applicable physical considerations; complementary to
adjacent land uses; and fulfills remaining land use needs.
Is this requirement met?
Yes
No
Iii. 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.
2
Will this project adversely affect the stability of nearby
residential neighborhoods?
Yes
No
b. Section 3.1.1(0). Comoliance with the Land Oevelooment
Reaulations: Section 3.1.1 (0) requires that items identified in the LORs shall
specifically be addressed by the body taking final action on the site and development
application/request. These areas include building setbacks, height, space, parking, and
site lighting.
i. LOR Chaoter 4.3.3 Soecial Reauirements for Soecific Uses:
Self-Service Storaae Facilities:
Regardless of the zoning category, the following special
requirements for self storage facilities identified in LOR Section
4.3.3 must be met. These include:
ii. LOR Section 4.3.3lA)l1I, Lot Area:
Pursuant to LOR Section 4.3.3(A)(1), the minimum lot area is two
(2) acres, and the maximum lot area is five (5) acres.
Is this requirement met?
Yes
No
iii. LOR Section 4.3.3lA)l2)(a). Outdoor Bav:
Pursuant to LOR Section 4.3.3(A)(2)(a), anv self-service storace
facilitv which has outdoor bay-type access to storage units must be
designed in such a way that creates a compound-like structure with
a defined masonry perimeter. In addition, the facility should be
designed in such a way to minimize or eliminate sight lines of any
bay doors from the adjacent rights-of-way.
Is this requirement met?
Yes
No
iv. LOR Section 4.3.3(A)(2)lb). Facilities and Reauirements:
Pursuant to LOR Section 4.3.3(A)(2)(b), no building shall exceed
fifteen feet (15') in height. The building height depicted on the
elevation indicates a height of 48' when measured to the roof deck
and height of 57' when measured to the mean level between the tie
beam and the ridge (hipped) roof.
3
Is this requirement met?
Yes
No
v. LDR Section 4.3.3(A)(2)(cl. Parkina:
Special regulations of LDR Section 4.3.3(A)(2)(c), Self-SeNiee
Storage Facilities (SSSF), parking would be required at a rate of
one (1) space per 5,000 sq. ft. of building floor area devoted to self-
storage and accessory management/administration uses. 8ased on
the site plan with a total of 52,596 sq. ft. of storage and office
space, this equates to a total of eleven (11) parking spaces and
fourteen (14) parking spaces are being provided.
Is this requirement met?
Yes
No
vi. LDR Section 4.3.3(AI(4), On-8ite Manaaer Reauired:
All self-service storage facilities are required to have, and
continuously maintain, an on-site manager, and provide on-site
living quarters for such facilities.
Is this requirement met?
Yes
No
vii. LDR Section 4.3.3(AI(5), Hours of Operation:
Self-service storage facilities customers may not access individual
storage units before 5:00 a.m. or any later than 9:00 p.m. Hours of
operation may be further restricted when it is deemed that morning
and evening traffic into and out of the facility may negatively impact
the character of an adjacent residential area. In no circumstances
shall customers of any SSSF have 24 hour access to their storage
unit(s).
Is this requirement met?
Yes
No
viii. LDR Section 4.6.4(B)(1), Special District Boundary Treatment:
Industrial Zonina Adiacent to Residential Zonina:
Pursuant to LDR Section 4.6.4(8)(1), where the rear or side of
industrially-zoned property directly abuts residentially-zoned
property without any division or separator between them, (such as
a street, alley, railroad, waterway, park, or other public open
space), the industrially zoned property shall provide a 60-foot
4
building setback from the property line located adjacent to the
residentially-zoned property.
Is this requirement met?
Yes
No
ix. Perimeter Setbacks for SADs:
Pursuant to Section 4.4.25(0)(1), a minimum setback of 15 feet
(15') shall be established around the perimeter of any property
developed under the SAD designation. Within the front and any
side street setback, the 15 foot (15') setback shall be landscaped
and no pavement shall be allowed therein except for pedestrian
ways and driveways which provide access to the property and
which are generally perpendicular to the abutting street. The
proposed building provides a 75' - 10" front, 20' side street (north),
15' side interior (south), and 25'-2" rear setback.
Are the setbacks met?
Yes
No
x. Special Landscape Setback:
Pursuant to 4.3.4(4)(6)(b)(6), along Military Trail, from the L-38
Canal northward to the L-30 Canal, a special landscape area shall
be provided. This landscape area shall be the smaller distance of
either 30' or 10% of the average depth of the property; however, in
no case shall the landscape area be less than ten feet (10'). The
proposed development provides a thirty foot (30') landscape
setback along Military Trail.
Is the special landscape setback met?
Yes
No
xi. Liahtina:
Pursuant to LOR Section 4.6.8, site lighting, limited to a maximum
of twenty-five feet (25'), must be provided on-site and be consistent
with the illumination level requirements included in this section.
Further, cutoff luminaries or fixtures provided with cut-off shielding
shall be used around the perimeter of facility in order to limit glare
and light spillage onto adjacent properties.
Are the lighting requirements met?
Yes
No
5
xii. LDR Section 4.3.4 Base District DeveloDment Standards:
Pursuant to LDR Section 4.3.4(K), within SAD zone district, a
minimum of 25% open space is required.
Is the open space requirement met?
Yes
No
xiii. LDR Section 6.1.8 Underaroundina of Utilities:
Pursuant to Section 6.1.8, utility facilities serving the development
shall be located underground throughout the development.
Is this requirement met?
Yes
No
3. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the original site plan was submitted.
4. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses supporting these findings.
5. The City Commission finds that based on all the criteria that the site plan
is or is not consistent with the Comprehensive Plan.
6. Based on the entire record before it, the City Commission approves _
denies _ the appeal and hereby adopts this Order this
day of July, 2006, by
a vote of
in favor and
opposed.
Jeff Perlman, Mayor
ATTEST:
Chevelle Nubin
City Clerk
6
WEINER & ARONSON, P.A.
ATTORNEYS AT LAW
The Clark House
102 North Swinton Avenue
Delray Beach, Florida 33444
Telephone: (561) 265-2666
Telecopier: (561) 272-6831
E-mail: mweiner@zonelaw.com
MICHAEL S. WEINER
CAROLE J. ARONSON
JASON S. MANKOFF
KERRY D. SAFIER
PAM I R. MAUGHAM
May 26, 2006
RECEIVED
MAY 30 2006
CITY CLERK
OF COUNSEL:
ROBERT MARC SCHWARTZ, PA
Florida Bar Board Certified
Real Estate Lawyer
Ms. Chevelle D. Nubin
City Clerk
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Via Hand Deliverv
Re: Appeal of the Site Plan Review and Appearance Board Decision of Robotic
Space Savers Class V Site Plan, Landscape Plan and Architectural Elevations
Our File No.: PUGA068
Dear Ms. Nubin:
Pursuant to Section 2.4.7(E) of the Land Development Regulations of the City of
Delray Beach, Florida ("LOR's"), this is an appeal to the City Commission of Delray Beach,
Florida by an aggrieved party in writing directed to you. Our firm represents Ms. Adele C.
Tartza, the property owner, and TPC Florida Investments, LLC, the applicant. We are
providing you with the following required information:
1. The action being appealed is the denial of the Class V Site Plan, Landscape
Plan and Architectural Elevations associated with the construction of Robotic
Space Savers and all other proposed actions with respect to the above-
captioned matter which was heard ;:It Site Plan Review and AppearanceBoard
meeting of May 24, 2006.' ,
2. The action was taken by the Site Plan Review and Appearance Board on May
24, 2006.
3. The basis of the appeal is as follows:
a. The action taken by the Site Plan Review and Appearance Board was
inconsistent with the LOR's for the City of Delray Beach, Florida;
b. The action taken by the Site Plan Review and Appearance Board was
inconsistent with the laws of the State of Florida;
City Clerk
May 26,2006
Page 2 of 2
c. The action taken by the Site Plan Review and Appearance Board was
inconsistent with the goals, objectives and policies of the Future Land Use
Element of the Comprehensive Plan; and
d. The action taken by the Site Plan Review and Appearance Board was
contrary to the weight of the evidence presented at the meeting of May 24,
2006.
4. The relief being sought is that the request of a Class V Site Plan, Landscape
Plan and Architectural Elevations associated with the construction of Robotic
Space Savers be reversed and that they be approved and that the denial be
overturned.
5. The names of the appellants are Ms. Adele C. Tartza, the owner of the property,
and TPC Florida Investments, LLC, the applicant, both being the aggrieved
parties.
We are requesting that this particular matter be heard at the City Cornmission
meeting of July 11, 2006 along with the Annexation, Future Land Use and Rezoning being
considered for the same property. I understand that these matters will be heard on the
same agenda but as different matters.
Enclosed is a fee in the amount of Three Hundred Fifteen Dollars ($315.00). Please
confirm with me that this Appeal and Annexation, Future Land Use and Rezoning will be
heard at the City Commission meeting of July 11, 2006.
Very truly yo
M;ch~~~~
On Behalf of Appellant
MSW: ek
Enclosure
cc: Mr. Paul Dorling, Director of Planning and Zoning (w/o enclosure)
Susan Ruby, Esquire (w/o enclosure)
RECE\VED
MAl 3U 2006
C\TY CLE.RK
O:\PUGA068\Letter to City Cieri< re appeal. May 25. 2006.doc
-
SITE PLAN REVIEW AND APPEARANCE BOARD
CITY OF DELRA Y BEACH
---STAFF REPORT ---
May 24, 2006
IV.C.
Robotic Space Savers - Class V Site Plan, Landscape Plan and Architectural
Elevations Associated with the Construction of One 3-story Self-storage Building
with 51,596 sq. ft. of Storage Area and 1,000 sq. ft. of Office Floor Area, located on
the Southwest Corner of Military Trail and Conklin Drive.
MEETING DATE:
AGENDA ITEM:
ITEM:
GENERAL DATA:
Owner/Applicant........................ .
Agent..........................................
Location..................................... .
Adele C. Tartza
Weiner & Aronson, PA
Southwest corner of Military Trail
and Conklin Drive.
Property Size..............................
Existing County Future Land Use
Map Designation ........................
0.99 Acres
LR-3-8 (Low Residential - 3
unils/acre)
Proposed City Future Land Use
Map Designation...;..................... TRN (Transitional)
Existing County Zoning............... CG/SE (Commercial General
Special Exception)
Proposed City Zoning................. SAD (Special Activilies District)
Adjacent Zoning................North: Automotive Commercial (AC)
East: Residential Medium Density (RM)
South: Multiple Family Residential - Low
Density (LD)
West: Palm Beach County Agricultural
Residential (AR)
Existing Land Use...................... Vacant
Proposed Land Use.................... Safe and Secure self storage
facility
Water Service............................. 12" water main located along
Military Trail, and also via an
existing 8" main located on the
east side of the subject property.
Sewer Service............................. Sewer service is available via
connection to a 8" sewer main
located along Military Trail, and
also via an existing 8" sewer main
located on the east side of the
subject.
LAKE IDA ROAD
WA TKINS
MOTOR UNES
<
t-
EXTRA CLOSET
STORAGE
",KE
O,?-I"''f,.
iIii: POST
:~ OFFICE
tOYS
en FARMERS
:,'1' MARKET
I
,
,
,
't'I\('}IIf'(ji.
o
.
~
f
i
IV.C.
The action before the Board is approval of the following aspects of a Class V Site Plan for the
Robotic Space Savers, pursuant to LDR Section 2.4.5(F):
D Site Plan;
D Landscape Plan; and
D Architectural Elevations
The subject property is located on the southwest corner of Conklin Drive and Military Trail.
The subject property measures 0.99 acres and is located on the south side of Conklin Drive and
to the south of Tire Kingdom with frontage on Military Trail. The property is bound to the south
by Sierra Vista attached single family homes. To the west the property is bounded by the
Rockland Park subdivision containing single family homes located along Conklin Drive; and to
the east (across Military Trail) by the High Point of Delray East Condo development. The
subject property is currently vacant and the applicant is proposing to build a 4-story self storage
building with associated parking and landscaping.
The subject property is Lots 1, 2, 3, and 4, Block 2, Rockland Park. Previous development
activity included approval of a special exception with the County via Resolution No. 80-836
which modified the zoning from AG (Agricultural District) to CS (Specialized Commercial
District) for the four (4) lots. Resolution No. 80-837 approved on June 24, 1980 by the Board of
County Commissioners allowed the construction of a funeral home on the property with certain
conditions including right-of-way dedications, landscaping and a contribution for a signal. This
development was never constructed.
At its January 23, 2006 meeting, the Planning and Zoning Board recommended denial to the
City Commission for the voluntary annexation, FLUM Amendment from County LR-3 to City
Transitional (TRN), and the initial zoning designation of SAD (Special Activities District) for the
subject property, based on failure to make positive findings with respect to LDR Section
3.2.2.(D), 3.1.1. (Future Land Use Map), 3.1.1. (Compatibility), 2.4.5.(D)(5) (Reasons for
rezoning), and inconsistencies with the Comprehensive Plan (more specifically, FLUM Element
Policy A-1.7 and Objective A-1). Staff recommended the subject property be annexed with a
Future Land Use Map designation of MD (Medium Density 5-12 du/ac) and zoning designation
of RL (Multiple Family Residential - Low Density).
Ordinance No. 5-06, which establishes the Annexation FLUM and Rezoning to build a Robotic
Space Saver Storage Facility on the subject property, went before the City Commission and
was approved for First Reading on February 7, 2006. It is not unusual for the Commission to
approve an ordinance on first reading to move it along to a Public Hearing at second reading. In
the case of an SAD development the Second Reading of the Ordinance is deferred until the Site
Plan Review and Appearance Board (SPRAB) has reviewed the project for approval. That
request for approval is now before Board for action.
Site Plan Review & Appearance r~ -"If Report - Meeting of May 10, 2006
Robotic Space Savers - Class V Site Plan, Landscape Plan, and Architectural Elevations
Page 2
The development proposal consists of the following:
. Construction of one 3-story self-storage building with 51,596 sq. ft. of storage area and
1,000 sq. ft. of office floor area;
. Construction of 14 parking spaces, including one handicap accessible space; and
. Installation of associated landscaping.
COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS:
Items identified in the Land Development Regulations shall specifically be addressed by
the body taking final action on the site and development application/request.
The Special Activities District (SAD) is a unique zoning district which requires submittal of a
development plan concurrently with the establishment of the SAD. This is required because
unlike conventional zoning designations, some of the development standards are those which
are set forth on the site and development plan. The LDRs allow two alternative approval
process. The first requires processing of a complete site and development plan with at least
preliminary engineering plans. The second alternative process option allows the proposed SAD
to proceed to first reading based on a design submission, and prior to second reading, requires
that the site development plan (including landscaping and architectural plans) be approved by
Planning and Zoning Board, and accompany the rezoning request to the second reading
request to City Commission. The applicant has chosen the second alternative for this
application and the following is an analysis of the proposed site plan.
LOR Chapter 4.3.3 Special ReQuirements for Specific Uses: Self-Service StoraQe
Facilities
The applicant will argue that he meets all the LDR requirements for this zoning district because
he is creating the applicable LDR requirements via this specific site plan application. While the
SAD allows some additional flexibility not provided in other zoning districts, the LDR's do identify
requirements that relate to the individual uses regardless of the zoning district they are
proposed in. Therefore, regardless of the zoning category the following special requirements for
self storage facilities identified in LDR Section 4.3.3 must be met. These include:
LOR Section 4.3.3(A)(1), Lot Area
Pursuant to LDR Section 4.3.3(A)(1), the minimum lot area is two (2) acres, and the maximum
lot area is five (5) acres. The site data calculations presented on the site plan indicate a total lot
area of 43,153 square feet which is less than the minimum two (2) acres required.
Consequently, the proposed self storage facility does not meet this criteria and cannot be
established at the proposed location without additional land aggregation.
LOR Section 4.3.3(A)(2), Outdoor Bay
Pursuant to LOR Section 4.3.3(A)(2)(a), anv self-service storaqe facilitv which has outdoor bay-
type access to storage units must be designed in such a way that creates a compound-like
Site Plan Review & Appearance ,,~ "taft Report - Meeting of May 1 0, 2006
Robotic Space Savers - Class V Site Plan, Landscape Plan, and Architectural Elevations
Page 3
structure with a defined masonry perimeter. In addition, the facility should be designed in such a
way to minimize or eliminate sight lines of any bay doors, from the adjacent rights-of-way. The
development proposal includes the installation of five (5) overhead doors along the north
building elevation facing the Conklin Drive right-of-way. The overhead doors are associated with
the development's loadinglunloading operations. These overhead doors will be visible from
Military Trail right-of-way (southbound). The proposed site plan does not comply with this LOR
requirement. Further, no attempt has been made to create the required compound-like
structure.
LOR Section 4.3.3IA)(2)(bl. Facilities and ReQuirements
Pursuant to LOR Section 4.3.3(A)(2)(b), no building shall exceed fifteen feet (15') in height. The
building height depicted on the elevation indicates a height of 48' when measured to the roof
deck and a height of 57' when measured to the mean level between the tie beam and the ridge
(hipped) roof. This structure exceeds both the 15' maximum allowed by LOR Section 4.3.3 and
exceeds the 48' maximum allowed for other uses under Section 4.3.4 which requires the height
to be measured to the mean of the gable, hip, or gambrel roofs (57' is proposed).
LOR Section 4.3.3IA) (2) Ie). ParkinQ:
Special regulations of LOR Section 4.3.3(A)(2)(c), Self-Service Storage Facilities (SSSF),
parking would be required at a rate of one (1) space per 5,000 sq. ft. of building floor area
devoted to self-storage and accessory managementladministration uses. Based on the site
plan with a total of 52,596 sq. ft. of storage and office space, this equates to a total of eleven
(11) parking spaces and 14 parking spaces are being provided.
LOR Section 4.3.3IA) (4). On-Site Manaaer ReQuired:
All self-service storage facilities are required to have, and continuously maintain, an on-site
manager, and provide on-site living quarters for such facilities. The proposed development
does not provide an on-site living quarter and manager, and thus, does not comply with this
LOR requirement.
LOR Section 4.3.3IA) (5). Hours of Operation:
Self-service storage facilities customers may not access individual storage units before 5:00
a.m. or any later than 9:00 p.m. Hours of operation may be further restricted when it is deemed
that morning and evening traffic into and out of the facility may negatively impact the character
of an adjacent residential area. In no circumstance shall customers of any SSSF have 24 hour
access to their storage unit(s). The applicant has indicated that the hours of operation for the
self storage facility will be 7:00 a.m. to 7:00 p.m. Monday through Friday and 9:00 a.m. to 5:00
p.m. Saturday and Sunday. If the proposed development is approved the Board may want to
further restrict the hours of operation since morning and evening traffic into and out of the facility
may negatively impact the character of the adjacent residential areas.
LOR Section 4.6.4IB)(1) Special Oistrict Boundary Treatment: Industrial ZoninQ Adiacent
to Residential ZoninQ:
Pursuant to LOR Section 4.6.4(B)(1), where the rear or side of industrially-zoned property
directly abuts residentially-zoned property without any division or separator between them,
(such as a street, alley, railroad, waterway, park, or other public open space), the industrially
zoned property shall provide a 60-foot building setback from the property line located adjacent
to the residentially-zoned property.
Site Plan Review & Appearance ',~ "taff Report - Meeting of May 10, 2006
Robotic Space Savers - Class V Site Plan, Landscape Plan, and Architectural Elevations
Page 4
The Self-storage Facility Use is typically classified and categorized as conditional use in the
Mixed Industrial and Commercial (MIC), Light Industrial (L1) and in the North Federal Highway
General Commercial (GC) zoning district. The SAD zoning allows the creation of development
standards via the site plan and the applicant has proposed a maximum of 25' along the west
and 15' along the south. This type of setback is inadequate given the structures maximum
height of 62' to the tip of roof. As the proposed use is an industrial use, it appears appropriate to
apply 60-foot building setbacks from the west and south property line located adjacent to the
residentially zoned properties.
The property is adjacent to residentially zoned property to the south and west (Sierra Vista and
Rockland Park single family subdivision along Conklin Drive). The proposed site plan does not
comply with this requirement as only 25' building setback has been provided from the property
line (west) located adjacent to the residentially zoned property. Given the limited size of this
parcel if appropriate setbacks were applied it would not allow the establishment of this use.
This further supports the assumption that this type of use belongs on a larger parcel (minimum
lot area has been identified in Section 4.3.4) and that the parcel be developed with an industrial
type use given its proximity to residential uses.
LOR Chapter 4.6 Supplementary Districts
Perimeter Setbacks for SADs
Pursuant to Section 4.4.25(D)(1), a minimum setback of 15 feet shall be established around the
perimeter of any property developed under the SAD designation. Within the front and any side
street setback, the 15-foot setback shall be landscaped and no pavement shall be allowed
therein except for pedestrian ways and driveways which provide access to the property and
which are generally perpendicular to the abutting street. The setbacks for the proposed building
exceed the minimum requirement. The proposed building provides a 75'-10" front, 20' side
street (north), 15' side interior (south), and 25'-2" rear setback. While the minimum setbacks for
the SAD designation have been met these setbacks are inadequate given the industrial nature
of the use, and the size and proximity of this use to adjacent residential uses.
Special Landscape Setback
Pursuant to 4.3.4(4)(6)(b)(6), along Military Trail, from the L-38 Canal northward to the L-30
Canal, a special landscape area shall be provided. This landscape area shall be the smaller
distance of either 30' or 10% of the average depth of the property; however, in no case shall the
landscape area be less than ten feet (10'). The proposed development provides a 30'
landscape setback along Military Trail. Thus, this LDR requirement has been met.
Liqhtinq
Pursuant to LDR Section 4.6.8, site lighting, limited to a maximum height of 25', must be
provided on-site and be consistent with the illumination level requirements included in this
section. Further, cutoff luminaries or fixtures provided with cut-off shielding shall be used
around the perimeter of a facility in order to limit glare and light spillage onto adjacent
properties. The applicant shall provide details of the cutoff luminaries or fixtures with cut-off
shielding and light poles, and thus, this is attached as a condition of approval. In addition, the
applicant shall revise the photometric plan to comply with the standard illumination levels
established by the City of 4.0 f.c. maximum and a 1.0 f.c. minimum average, and thus, this is
attached as a condition of approval.
Site Plan Review & Appearance lk ~iaff Report - Meeting of May 10, 2006
Robotic Space Savers - Class V Site Plan, Landscape Plan, and Architectural Elevations
Page 5
LOR Section 4.3.4 Base District Development Standards:
Open Space
Pursuant to LDR Section 4.3.4(K), within SAD zone district, a minimum of 25% open space is
required. With a total of 36% provided, the open space LDR requirement has been met.
LOR Section 6.1.8 Underqroundinq of Utilities:
Pursuant to Section 6.1.8, utility facilities serving the development shall be located underground
throughout the development. A note to this effect has been added to the site and engineering
plans.
Summary
The applicant will assert that by the nature of the SAD any and all proposals will comply with the
LDR because the SAD zoning districts allows you to make up the rules you must comply with.
This is not the case when special regulations for a specific type of use, regardless of the zoning
district in which they are located, are identified in LDR Section 4.3.3. This application does not
meet the height, minimum lot size, on site manager requirement, nor building type (I.e.
compound with perimeter walls) requirements of the special regulations of the LDR. Therefore,
positive findings with respect to compliance with the LDRs cannot be made and the application
should be denied.
Site & Enqineerinq Plan Technical Items: While the revised site plan has been submitted,
the Engineering Department has not reviewed the revised site plan. The original
comments are included in Appendix C and are to be addressed prior to building permit
submittal.
A landscape plan has been submitted and evaluated by the City Horticulturalist. The landscape
plan generally complies with the City's landscape requirements. There is a technical item that
needs to be addressed.
Landscape Plan Technical Items: While the revised landscape plan has been submitted
to accommodate staff concerns, the following landscape plan technical item remains
outstanding, and will need to be addressed prior to building permit submission.
1. All past landscape plan comments have been addressed. However, this revised
landscape plan has a deficiency. Per 4.6.16(H)(3)(a) a hedge, wall or other durable
landscape area shall be placed along the interior perimeter of the landscape strip that
separates the vehicular use area from the adjacent right-of-way (adjacent to Military
Trail). The Fire Bush, which in this case is being use instead of a hedge, is centered
within the landscape setback. The planting and a berm, should be moved back toward
the parking lot with the swale retention area placed in front of it.
LOR Section 4.6.18(B1I141 Criteria for Board Action: The following criteria shall be
considered by the Site Plan Review and Appearance Board (SPRAB) in the review of plans for
building permits. If the following criteria are not met, the application shall be disapproved:
Site Plan Review & Appearance .r~ ~(aff Report - Meeting of May 10. 2006
Robotic Space Savers - Class V Site Plan, Landscape Plan, and Architectural Elevations
Page 6
1) The plan or the proposed structure is in conformity with good taste; good design, and in
general contributes to the image of the City as a place of beauty, spaciousness,
harmony, taste, fitness, broad vistas, and high quality.
2) The proposed structure, or project, is in its exterior design and appearance of quality
such as not to cause the nature of the local environment or evolving environment to
materially depreciate in appearance and value.
3) The proposed structure, or project, is in harmony with the proposed developments in the
general area, with the Comprehensive Plan, and with the supplemental criteria which
may be set forth for the Board from time to time.
The Bahamas shutters and window shutters lend a residential character to the self-storage
facility building. However, the commercial storefront with overhead doors and plain stucco finish
of the first floor (north elevation) are inconsistent with the residential appearance of the second
and third floor. Further, pursuant to LDR Section 4.3.4 a maximum of one story is allowed.
Finally, the proposed parapet on the north and south side of the building appears to add
monotony to the facades and is not in harmony with the architecture of the proposed metal roofs
to the east and west side of the building. This feature should be re-designed and replaced at
some intervals with a roofline similar to the eastlwest sides of the building to break the
monotony of the facades. These recommendations and those mentioned above are attached
as conditions of approval.
If the architectural feature recommendations are addressed and the building elevations reduced
positive findings with respect to LDR Section 4.6.18 (E) may be achieved.
Pursuant to LOR Section 3.1.1 (Required Findings), prior to the approval of development
applications, certain findings must be made in a form which is part of the official record.
This may be achieved through information on the application, written materials
submitted by the applicant, the staff report, or minutes. Findings shall be made by the
body which has the authority to approve or deny the development application. These
findings relate to the following areas:
LOR Section 3.1.1(A) - Future Land Use Map:
Pursuant to Land Development Regulations Section 3.1.1 (A) (Future Land Use Map), all land
uses and resulting structures must be allowed in the zoning district within which the land is
situated, and said zoning must be consistent with the land use designation as shown on the
Future Land Use Map.
Given the unique nature of the SAD zoning district the zoning is deemed consistent with the
proposed land use designation. However, the resulting uses are to be compatible with
surrounding existing development and character of the area. The resulting uses are
predominantly allowed in industrial zoning districts and are not consistent with the adjacent
development pattem to the south, east, and west of the subject property, nor the residential
character of the area. Based on the above, positive findings cannot be made with respect to
FLUM consistency.
LOR Section 3.1.1 (B) - Concurrency:
Site Plan Review & Appearance ,,~ ~'aff Report - Meeting of May 10, 2006
Robotic Space Savers - Class V Site Plan, Landscape Plan, and Architectural Elevations
Page 7
The proposal involves amending the FLUM designation from County LR-3 (Low Residential, 3
dulac) to City TRN (Transitional) on a site, approximately 0.99 of an acre. The proposed FLUM
Amendment is to accommodate a storage facility which will result in an increase in some
impacts on adopted concurrency standards. Concurrency findings with respect to Solid Waste,
Water, and Sewer are discussed below:
Solid Waste: The proposed 3-story building with 52,596 square feet of self storage floor area
generates 136.74 tons of solid waste per year (52,596 sq.ft x 5.2.12,000 Ibs. = 273,499 Ibs or
136.74 tons). This amount of solid waste can be accommodated by existing facilities and thus,
will not have a significant impact on this level of service standard. The Solid Waste Authority
has indicated that its facilities have sufficient capacity to handle all development proposals and
existing facilities till the year 2024.
Water: Municipal water service is available via connection to a 12" water main located along
Military Trail, and also via an existing 8" main located on the east side of the subject property.
Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water
Treatment Plant at build-out.
Sewer: Sewer service is available via connection to a 8" sewer main located along Military Trail,
and also via an existing 8" sewer main located on the east side of the subject property draining
to a lift station at the southeast corner of the Tire Kingdom site. Pursuant to the Comprehensive
Plan, treatment capacity is available at the South Central County Waste Water Treatment Plant
for the City at build-out.
LDR Section 3.1.1 (C) - Consistency (Standards for Site Plan Actions):
As described in Appendix "A", a positive finding of consistency cannot be made as it relates to
Standards for Site Plan Actions.
LDR Section 3.1.1 (D) - Compliance with the Land Development Regulations:
As described under the Site Plan Analysis section of this report, a positive finding of compliance
with the LDRs cannot be made. The development does not meet several of the special
regulations that apply to self storage uses regardless of zoning.
Comprehensive Plan Policies:
The following applicable Comprehensive Plan objective and policies are noted:
Future Land Use Element Ob/ective A-2: To reduce and eventually eliminate, uses which
are consistent with the character of the City of Delray Beach, or which are inconsistent
with predominant adjacent land uses, and to insure compatibility of future development,
the following policies shall be applied:
Policy A-2.2 - Prior to approving any development application which comes before it, the
applicable approving board must make a "finding of overall consistency" of the
requested land use action with the objectives and pOlicies of the Future Land Use
Element.
By utilizing the SAD ordinance process the applicant will introduce industrial or commercial type
uses to the site. Office commercial and industrial uses particularly at this scale and mass are
inconsistent and incompatible with the predominantly one-story residential character of the
adjacent properties. Therefore a positive finding cannot be made with Future Land Use Element
Policy A-2.2 of the Comprehensive Plan.
Site Plan Review & Appearance ,ra _ff Report - Meeting of May 10, 2006
Robotic Space Savers - Class V Site Plan, Landscape Plan, and Architectural Elevations
Page 8
Future Land Use Element Policv A-2.3: Development of remaining vacant properties shall
occur in a manner which is consistent with and complementary to adjacent development
regardless of zoning designations. This policy shall be implemented through the review
process associated with platting and site plans.
The subject property, if developed as a self storage facility will neither be complimentary nor
consistent with the adjacent uses located to the south and west (Sierra Vista and Rockland Park
single family subdivision along Conklin Drive). Thus, a positive finding cannot be made with
Future Land Use Element Policy A-2.3 of the Comprehensive Plan.
Section 2.4.5 (F)(5) - Compatibilitv (Site Plan FindinQs): The approving body must make a
finding that development of the property pursuant to the site plan will be compatible and
harmonious with adjacent and nearby properties and the City as a whole, so as not to
cause substantial depreciation of property values.
The property is bordered by the following zoning designations and uses:
Use
Zoning Designation
North: Automotive Commercial (AC) Tire Kingdom Auto Repair Facility
South: Multiple Family Residential - Low Density Sierra Vista Multiple Family Subdivision
(LD\
East: Residential Medium Density (RM) High Point of Delray East (Condo
Development)
West: Palm Beach County A~~icultural Residential Rockland Park Single Family
'CAR Subdivision (Alona Conklin Drive)
It is noted, that north of the subject property has a City Land Use Designation of CG
(Commercial General) and is zoned AC (Automotive Commercial). The property is developed
and contains an auto-repair and tire installation facility known as Tire Kingdom. Tire Kingdom
was established by Resolution NO.R-85-394 approved on March 5, 1985 by the Board of County
Commissioners of Palm Beach County and annexed into the City with Ordinance # 65-04
approved by the City Commission at its meeting of November 16, 2004. Although Tire Kingdom
facility is not consistent with the existing development pattern in the area it was given a City
Land Use designation of General Commercial to avoid creating a non-conforming structure for
an operation established on March 5, 1985. While compatibility with the use to the north may be
achievable the proposed use abuts one story residential uses to the west, south and east. As
identified earlier in the report given the adjacent development pattern to the west south, and
east the proposed self storage facility will not be compatible and harmonious with the existing
adjacent residential areas. Therefore, positive findings cannot be made with respect to LDR
Section 2.4.5 (F)(5).
The development proposal is not within a geographical area requIring review by the DDA
(Downtown Development Authority) or CRA (Community Redevelopment Agency).
Courtesv Notices:
A special courtesy notice was provided to the following homeowners andlor civic organizations:
Site Plan Review & Appearance ,,_. "taft Report - Meeting of May 10, 2006
Robotic Space Savers - Class V Site Plan, Landscape Plan, and Architectural Elevations
Page 9
D PROD (Progressive Residents of Delray)
D Carolyn Zimmerman, Presidents Council
D Neighborhood Advisory Council
D Gerald DeFoe
D Gary Lord
D Gary Horatsis
D Nancy Monaco
D Frances Chassen
D High Point Delray West 1
D High Point Delray West 2
D High Point Delray West 3
Letters of objection or support, if any, will be presented at the Site Plan Review and Appearance
Board (SPRAB) meeting.
The proposed self storage facility creates concerns with respect to compatibility with the
surrounding existing development, and its potential negative impact on the character of the
area. The proposed development is not consistent with Future Land Use Element Objective A-2
nor with Future Land Use Element Policies A-2.2 and A-2.3 of the Comprehensive Plan, does
not meet required findings under Section 2.4.5 (F)(5) (Compatibility) and does not comply with
the Special Regulations of LDR Section 4.3.3 which apply to self storage uses regardless of the
zoning district in which they are located. Given these factors required findings cannot be made
and the request should be denied.
A. Continue with direction.
B. Move denial of the Class V site plan, landscape plan, and architectural elevations for
Robotic Space Savers, by adopting the findings of fact and law contained in the staff
report, and finding that the request is inconsistent with the Comprehensive Plan and does
not meet criteria set forth in Section 2.4.5(G) and Chapter 3 of the Land Development
Regulations.
Cannot recommend approve subject to conditions as the plan would significantly change
and should go back through the process
Move denial of the Class V site plan, landscape plan, and architectural elevations for Robotic
Space Savers, by adopting the findings of fact and law contained in the staff report, and finding
that the request thereof is inconsistent with the Comprehensive Plan Future Land Use Element
Objective A-2, Future Land Use Element Policies A-2.2 and A-2.3 and based upon a failure to
make required findings to LDR Section 2.4.5 (F)(5) (compatibility with adjacent properties) and
Section 3.1.1 (D) (LDR compliance), more particularly LDR Section 4.3.3 (A) (Special
Requirements for Specific Uses).
Report prepared by: Estelie 8reto, Senior Planner
Attachments: Appendix A, Appendix B, Site Plan, Landscape Plan and Architectural Elevations.
A. Building design, landscaping, and lighting (glare) shall be such that they do not
create unwarranted distractions or blockage of visibility as it pertains to traffic
circulation.
B. Separation of different forms of transportation shall be encouraged. This includes
pedestrians, bicyclists, and vehicles in a manner consistent with policies found
under Objectives D-1 and D-2 of the Transportation Element.
C. Open space enhancements as described in Policies found under Objective B-1 of
the Open Space and Recreation Element are appropriately addressed.
D. The City shall evaluate the effect that any street widening or traffic circulation
modification may have upon an existing neighborhood. If it is determined that the
widening or modification will be detrimental and result in a degradation of the
neighborhood, the project shall not be permitted.
E. Development of vacant land which is zoned for residential purposes shall be
planned in a manner which is consistent with adjacent development regardless of
zoning designations.
F. Vacant property shall be developed in a manner so that the future use and
intensity are appropriate in terms of soil, topographic, and other applicable
physical considerations; complementary to adjacent land uses; and fulfills
remaining land use needs.
G. Redevelopment and the development of new land shall result in the provision of a
variety of housing types which shall continue to accommodate the diverse
makeup of the City's demographic profile, and meet the housing needs identified
in the Housing Element. This shall be accomplished through the implementation
of policies under Objective B-2 of the Housing Element.
H. The City shall consider the effect that the proposal will have on the stability of nearby
neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation
patterns shall be reviewed in terms of their potential to negatively impact the safety,
habitability and stability of residential areas. If it is determined that a proposed
development will result in a degradation of any neighborhood, the project shall be
modified accordingly or denied.
Not a licable
Meets intent of standard
Does not meet intent
I. Development shall not be approved if traffic associated with such development would
create a new high accident location, or exacerbate an existing situation causing it to
become a high accident location, without such development taking actions to remedy the
accident situation.
J. Tot lots and recreational areas, serving children from toddler to teens, shall be a
feature of all new housing developments as part of the design to accommodate
households having a range of ages. This requirement may be waived or modified
for residential developments located in the downtown area, and for infill projects
having fewer than 25 units.
Technical Comments:
1 . Show site localion plan and north arrow on plans.
2. Palm Beach County permits are required for this project. Provide copies of the County right-of-
way perm ii, drainage permit and utility permit.
3. A SFWMD permit is required for this project. Provide copies of permil or a letter of exception.
4. A LWDD permit is required for this project. Provide copies of permit or a letter of exception.
5. Indicate additional proposed elevations along south and west sides of building.
6. 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 adjacenl property.
7. Sile 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.
8. Provide certified exfiltration trench test results.
9. Provide 6 inch deep sodded swale adjacenl to Conklin Drive within the public rights-of way.
Indicate swale on engineering plans.
10. Provide inverts and rim elevations for all proposed drainage.
11. Provide paving cross section.
12. Clearly dimension driveway width. Maximum width of driveway is 24 feet.
13. Clearly indicate on plans the limits and types of all curbing.
14. Parking layout and striping need to follow City of Delray Beach standards. Provide slandard City
of Delray Beach City parking stall detail.
15. Indicate stop bars and signs at egress drives as well as providing interior traffic control markings
and signage. Clearly indicate onsite traffic control.
16. Provide sidewalk adjacent to property line along Conklin Drive. All sidewalks shall be a minimum
of 5' wide.
17. Indicate sight distances al all ingress/egress points and all intersections. Sight triangles should
be indicated on landscape plans. Provide copy of the approved landscape plans. Per section
4.6.14 of LDR's, any landscaping in the site triangle "shall provide unobstructed cross-visibilily at
a level between 3' and 6'" this includes tree trunks.
18. Provide 12' water easement around new fire hydrant at SE property corner.
19. Provide note that waler meter sizes are to be determined by the City of Delray Beach Utility
Department upon building permit application and remove the size indicated on the engineering
plans.
20. Engineer is to field verify location, size and deplh of existing City of Delray Beach utilities prior to
submilling Final Engineering Plans.
21. Provide on the plans current Cily of Delray Beach standard construction details as applicable.
22. All connections to existing water mains shall be made while the water main is under normal
working pressure. If this cannot be accommodated, lhe design shall incorporate special
provisions such as line-stops to minimize lhe impact on existing customer.
23. Indicate location of irrigation water meters or location of well. If well is being used, provide
appropriate permits.
24. A water agreement with the City of Delray Beach must be executed.
25. Indicate typical configuration and location of proposed sewer services with cleanouts.
26. Indicate rim and invert of upstream and down stream manholes of proposed sewer laterals.
27. Proposed sewer lateral should tie into existing sewer main - not directly into manhole.
28. Provide note on both the Engineering Plans and the Landscape plans that there shall be no trees
or shrubs placed within water, sewer or drainage easements.
29. Provide copy of permilled Landscape plan.
30. Provide per LOR Section 2.4.3 (F) (4), a composite utility plan that show the localion of all
existing and proposed utilities (water, sewer, power, telephone, gas, cable, and drainage). The
composite plan shall be signed by a representative of each utility provider allesting to the fact that
services can be accommodated as shown on the composite utility plan. The composite plan shall
address the responsibility for relocation of existing services and installation of new services.
31. A minimum 10' general ulility easement is to be provided through the property.
32. A certified engineer's estimate will be required for all City maintained improvements. A 110%
surety and 2% engineering inspection fees will be required. A Financial Guarantee and
Agreement for Completion of Required Improvement is required. This agreement can be
obtained at www.mvdelravbeach.com. For additional information see Section II of the City of
Delray Beach minimum Construction Standards. Prior to Certificate of Occupancy and the return
of lhe 110% surety a 10% surety a 10% warranty surety will be required.
33. Provide a Pollution Prevention Plan. Prior to and during construction of all sites, the permitee
shall implement and maintain all erosion and sediment conlrol measures included in the required
Pollution Prevention Plan. For projects over one (1) acre in size, provide a copy of FDEP Notice
of Intent.
34. Provide a detailed description of how each of these commenls has been addressed with next
submillal, along wilh two sets of revised plans to the Engineering Department, 434 S. Swinton
Avenue.
35. Additional comments may follow upon provision of requested information.
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(f.k.a. SAFE AND SECURE)
CITY OF DElRAY BEACH. Fl..
PLANNING & ZONING DEPARTMENT
-- DIGITAL BASE MAP SYSTEM --
MAP REf: LM902
MEMORANDUM
TO:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER 0'f'1
AGENDA ITEM # \0 A.1-. - REGULAR MEETING OF JULY 25. 2006
ORDINANCE NO. 5-06 (ANNEXATION. SMALL-SCALE FUTURE LAND
USE MAP AMENDMENT. AND REZONING.)
FROM:
SUBJECT:
DATE:
JULY 21, 2006
This Ordinance is before Commission for second reading and a quasi:ludicial hearing. for a voluntary
Annexation, Small-Scale Future Land Use Map (FLUM) amendment from County LR-3 (Low Density
Residential - 3 dwelling units per acre) to City TRN (Transitional) and Rezoning from County CG/SE
(Commercial General/Special Exception to City SAD (Special Activities District) for a 0.99 acre property,
to be known as Robotic Space Savers, located at the southwest corner of Conklin Drive and Military Trail.
The property consists of Lots 1, 2, 3, and 4, Block 2, Rockland Park Subdivision and is currently located in
unincorporated Palm Beach County, within the City's Planning Area (future annexation area). The owner
is seeking voluntary annexation. The property is vacant and the applicant is proposing to build a 3-story
self storage building with associated parking and landscaping. Previous development activity includes
approval of a special exception with the County via Resolution No. 80-836 approved on June 24, 1980
wbich allowed the construction of a funeral home on the property. This development was never
constructed and the approval has expired.
On January 23, 2006, the Planning and Zoning Board held a public hearing in conjunction with the
request. There was public testimony in opposition from Jeff Overstreet, who lives at 5132 Conklin Drive,
and Chris Osborne of Kaplan & Berlin, representing the Conklin Drive Homeowners' Association. Mr.
Overstreet's concerns revolved around the proximity of the proposed development to the Conklin Drive
residential development and the height of the proposed building. Mr. Osborne's concerns related to the
ttaffic impact generated by the proposed development. Further, staff recommended denial based upon a
failure to meet required findings with respect to compatibility with adjacent residential development and
that the SAD zoning district was being inappropriately applied to the property.
After reviewing the staff report and discussing the proposal, the Board voted 7-0 to recommend that the
request be denied. The denial was based upon concerns with respect to compatibility with the
surrounding development, and its potential to negatively affect the character of the area. Further, the
proposed future land use designation of TRN and rezoning to SAD is not consistent with Objective A-I,
Policy A-1.7, and Policy A-2.3 of the Comprehensive Plan; and does not meet the requirements of LDR
Section 3.2.2 (Standards for Rezoning Actions), Section 3.1.1 (FLUM Consistency and Compatibility), and
Section 2.4.S(D)(S) (Rezoning Findings).
At the first reading on February 6, 2006, the City Commission passed Ordinance No. 5-06.
Recommend denial of Ordinance No. 5-06 on second and ftnal reading.
S:\City Clerk\agenda memos\Ocd 5-06 Robotic Space Savers Annexation Rezoning 072506
//<
I'lL I
TO:
ITY MANAGER
,
THRU:
P
FROM:
CTOR OF PLANNING AND ZONING
~SENIOR PLANNER
MEETING OF JULY 11, 2006
ANNEXATION, SMALL-SCALE FUTURE LAND USE MAP AMENDMENT
FROM COUNTY LR-3 /LOW RESIDENTIAL - 3 DUlAC! TO CITY TRN
/TRANSITIONAL!, AND REZONING FROM COUNTY CGISE /COMMERCIAL
GENERAL/SPECIAL EXCEPTION! TO CITY SAD /SPECIAL ACTIVITIES
DISTRICT) FOR A 0.99 ACRE PROPERTY LOCATED ON THE SOUTHWEST
CORNER OF MILITARY TRAIL AND CONKLIN DRIVE
SUBJECT:
~ .... . ...~ ....
The 0.99 acre property is currenlly located in unincorporated Palm Beach County and has a
CG/SE (Commercial General/Special Exception) zoning designation. The property is iocated
within the City's Planning Area (Future Annexation Area) and the owner is seeking voluntary
annexation. The subject property is currently vacant and the applicant is proposing to build a 3-
slory self storage building with associated parking and landscaping. The subject property is Lots
1, 2, 3, and 4, Biock 2, Rockland Park Subdivision. Previous development activity includes
approval of a speciai exception with the County via Resolulion No. 80-836 approved on June 24,
1980 which allowed the construction of a funeral home on the property. This development was
never constructed and the approval has expired.
The Planning and Zoning Board held a public hearing on January 23, 2006 in conjunction with
this request. There was public testimony in opposition from Mr. Jeff Overstreet, who lives at 5132
Conklin Drive, and Mr. Chris Osborne of Kaplan & Berlin, representing the Conklin Drive Home
Owners Association. Mr. Overstreet's concerns revolved around the proximity of the proposed
development to the Conklin Drive residential development and the height of the proposed
building. Mr. Osborne's concerns related to the lraffic impact generated by the proposed
development. Further, staff recommended denial based upon a failure to meet required findings
with respect to compatibility with adjacenl residentiai development and that the SAD zoning
district was being inappropriately applied to the property. After reviewing the staff report and
discussing the proposal, the Board voted unanimously to recommend that the request be denied.
The denial was based upon concerns with respect to compatibility with the surrounding
development, and its potential 10 negatively affect the character of the area. Further, the
proposed Future Land Use designation of Transitional (TRN) and Rezoning to Special Activities
District (SAD) is not consislent with Objective A-1, Policy A-1.7, and Policy A-2.3 of the
Comprehensive Plan, and does not meet the requirements of LOR Section 3.2.2(0) (Standards
for Rezoning), 3.1.1. (FLUM Consistency and Compatibility) or 2.4.5.(0)(5) (Reasons for
Rezoning).
By motion, deny on first reading the ordinance for Annexation, the FLUM amendment from
County LR-3 (Low Residential - 3 du/ac) to City Transitional (TRN), and the initial zoning
designation of SAD (Special Activities District), based upon the findings of fact and law contained
in the staff report, and failure to make positive findings with respect to LOR Section 3.2.2.(0),
3.1.1. (Consistency), 3.1.1. (Compatibility), 2.4.5.(0)(5) (Reasons for Rezoning) and
inconsistencies with the Comprehensive Plan more specifically FLUM Element Policy A-1.7,
Policy A-2.3, and Objective A-1.
Attachments: Staff Report prepared for the P & Z meetin9 of January 23, 2006 and Ordinance No. 5-06.
\~A
ORDINANCE NO. 5-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, ANNEXING TO THE CITY OF
DELRAY BEACH, A PARCEL OF LAND LOCATED AT THE
SOUTHWEST CORNER OF CONKLIN DRNE AND MILITARY
TRAIL, AS MORE PARTICULARLY DESCRIBED HEREIN,
WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL
LIMITS; REDEFINING THE BOUNDARIES OF THE CITY TO
INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND
OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND
USE DESIGNATION OF TRANSITIONAL FOR SAID LAND TO
THE FUTURE LAND USE MAP AS CONTAINED IN THE
COMPREHENSIVE PLAN; ELECTING TO PROCEED UNDER
THE SINGLE HEARING ADOPTION PROCESS FOR SMALL
SCALE LAND USE PLAN AMENDMENTS; PROVIDING FOR
THE ZONING THEREOF TO SPECIAL ACTIVITIES DISTRICT
(SAD) DISTRICT; AND AMENDING SECTION 4.4.2S(G),
"SAD.s", TO ADD SUBSECTION (9) "ROBOTIC SPACE
SAVERS" TO THE LIST OF APPROVED SAD.s; PROVIDING A
GENERAL REPEALER CLAUSE, PROVIDING A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, Adele C. Tartza is the fee simple owner of a 0.99 acre parcel of land located at the
southwest corner of Conklin Drive and Military Trail; and
WHEREAS, Adele C. Tartza has requested by voluntary petition to have the subject property
annexed into the municipal limits of the City of Delray Beach; and
WHEREAS, the subject property hereinafter described is contiguous to the corporate limits of
the City of Delray Beach, Florida; and
WHEREAS, the City of Delray Beach has heretofore been authorized to annex lands in
accordance with Section 171.044 of the Florida Statutes; and
WHEREAS, the subject property hereinafter described is presently under the jurisdiction of
Palm Beach County, Florida, having a County Future Land Use Map (FLUM) designation of LR-3
(Low Density Residential -3 du/ac ); and
WHEREAS, the Advisory Future Land Use Map designation for the subject property in the City
of Del ray Beach, Florida, is MD (Medium Density ResidentialS-12 du/ac); and
WHEREAS, the City's FLUM designations as initially contained on the City's Future Land Use
Map adopted in November, 1989, and as subsequently amended, are deemed to be advisory only until
an official Land Use Amendment is processed; and
WHEREAS, the designation of a zoning classification is part of this proceeding, and the
provisions of Land Development Regulations Chapter Two have been followed in establishing the
proposed zoning designation; and
WHEREAS, pursuant to LDR Section 2.2.2(6), the Planning and Zoning Board held a public
hearing and considered the subject matter at its meeting of January 23, 2006 and voted 7 to 0 to
recommend that the requests be denied, based upon a failure to make positive findings; and
WHEREAS, pursuant to Florida Statute 163.317 4( 4 )( c), the Planning and Zoning Board, sitting
as the Local Planning Agency, has determined that the changes are not consistent with and does not
further the objectives and policies ofthe Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent
with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section I. That the recitations set forth above are incorporated herein.
Section 2. That the City Commission of the City of Delray Beach, Palm Beach County, Florida,
hereby annexes to said City the following described land located in Palm Beach County, Florida, which
lies contiguous to said City to-wit:
Lots I through 4, inclusive, Block 2, "Rockland Park" as per the Plat thereof on file in the Office of the
Clerk of the Circuit Court in and for Palm Beach County, Florida as recorded in Plat Book 24, Page 23.
Less the Following:
A portion of said Lot I, as described in the right-of-way deed recorded in Official Records Book 3362, Page
9, Palm Beach County Records.
And Less the Following:
A portion of said Lot I, as described in the right-of-way warranty deed recorded in Official Records Book
5692, Page 1978, Palm Beach County Records.
2 ORD NO. 5-06
The subject property is located at the southwest corner of Conklin Drive and Military Trail.
Section 3. That the boundaries of the City of Delray Beach, Florida, are hereby redefined to
include therein the above-described tract of land and said land is hereby declared to be within the
corporate limits of the City of Delray Beach, Florida.
Section 4. That the land hereinabove described shall immediately become subject to all of the
franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which lands in
the City of Delray Beach are now or may be subjected, including the Stormwater Management
Assessment levied by the City pursuant to its ordinances and as required by Florida Statutes Chapter
197, and persons residing thereon shall be deemed citizens ofthe City of Delray Beach, Florida.
Section 5. That this annexation of the subject property, including adjacent roads, alleys, or the
like, if any, shall not be deemed acceptance by the City of any maintenance responsibility for such
roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current
requirements and conditions.
Section 6. That the Future Land Use Map designation of the subject property is hereby
officially affixed as TRN (Transitional).
Section 7. That the City of Delray Beach elects to make this small scale amendment by having
only an adoption hearing, pursuant to Florida Statutes Section l63.3187(1)(c)3.
Section 8. That Chapter Two of the Land Development Regulations has been followed in
establishment of a zoning classification in this ordinance and the tract of land hereinabove described is
hereby declared to be in the Special Activities District (SAD) Zoning District as defined by existing
ordinances of the City of Delray Beach.
Section 9. That pursuant to Section 4.4.25 "Special Activities District (SAD)" "Allowed Uses
and Structures", approval for the subject property described in Section 2, above, is hereby granted for a
Self Service Storage Facility".
Section 10. That Section 4.4.25(G), "SADS", of the Land Development Regulations of the
City of Del ray Beach, Florida, be, and the same is hereby amended to add Subsection (9),
(9) Robotic Space Savers, Ordinance No. 5-06.
Section 11. If approved on First Reading, and a site and development plan appeal is approved,
then conditions, if any, will be incorporated herein, and any future site plan modifications will be
reviewed by SPRAB.
3
ORD NO. 5-06
Section 12. That all ordinances or parts of ordinances in conflict herewith be, and the same are
hereby repealed.
Section 13. That should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the
part declared to be invalid.
Section 14. That this ordinance shall become effective as follows: As to annexation,
immediately upon passage on second and final reading; as to land use and zoning, thirty-one (31) days
after adoption, unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If
challenged, the effective date of this amendment shall be the date a final order is issued by the
Department of Community Affairs, or the Administration Commission, finding the amendment in
compliance with Section 163.3184, F.S. No development orders, development permits, or land uses
dependent on this amendment may be issued or commence before it has become effective. If a final
order of noncompliance is issued by the Administration Commission, this amendment may
nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of
which resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning,
2740 Centerview Drive, Tallahassee, Florida 32399-2100.
PASSED AND ADOPTED in regular session on second and final reading on this the _ day
of ,200_
ATTEST
MAYOR
City Clerk
First Reading
Second Reading
4
ORD NO. 5-06
PLANNING AND ZONING BOARD
CITY OF DELRA Y BEACH
MEETING DATE:
AGENDA ITEM:
ITEM:
---STAFF REPORT---
January 23, 2006
III.C.
Future Land Use Map (FLUM) Amendment from LR-3 (Low Residential - 3 unitslacre
Palm Beach County) to TRN (Transitional) and rezoning from CGISE (Commercial
General ISpecial Exception) to SAD (Special Activities District) for a 0.99 acres
parcel located on the southwest corner of Military Trail and Conklin Drive.
GENERAL DATA:
Owner/Applicant......................... Adele C. Tartza
Agent.......................................... Weiner & Aronson, PA
Location...................................... Southwest corner of Military
and Conklin Drive.
Property Size.............................. 0.99 Acres
Existing County Future Land Use
Map Designation ........................ LR-3-8 (Low Residential- 3
unils/acre)
Proposed City Future Land Use
Map Designation......................... TRN (Transitional)
Existing County Zoning............... CG/SE (Commercial General
Special Exception)
Proposed City Zoning................. SAD (Special Activities District)
Adjacent Zoning................North: Automotive Commercial (AC)
East: Residential Medium Density (RM)
South: Multiple Family Residential - Low
Density (LD)
West: Palm Beach County Agricultural
Residential (AR)
Existing Land Use...................... Vacant
Proposed Land Use.................... Safe and Secure self storage
facility .
Water Service............................. 12" water main located along
Military Trail, and also via an
existing 8" main located on the
east side of lhe subject property.
Sewer Service............................. Sewer service is available via
connection to a 8" sewer main
located along Military Trail, and
also via an existing 8" sewer main
located on the east side of the
subject. '
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The action before the Board is that of making a recommendation to the City Commission on a
privately sponsored Voluntary Annexation, Small Scale Future Land Use Map (FLUM)
Amendment from LR-3 (Low Residential - 3 units/acre Palm Beach County) to TRN
(Transitional) and rezoning from CG/SE (Commercial General ISpecial Exception) to SAD
(Special Activities District) for a 0.99 acres parcel located on the west side of Military Trail
approximately 2010' south of Lake Ida Road.
Pursuant to Land Development Regulations (LOR) Section 2.2.2(E) (6), the Local Planning
Agency (Planning & Zoning Board) shall review and make a recommendation to the City
Commission with respect to Annexation, FLUM amendments and Rezonings of any property
within the City.
The subject property is 0.99 acres located on the south side of Conklin Drive and to the south
of Tire Kingdom with frontage on Military Trail. The property is bound to the south by Sierra
Vista attached single family homes. To the west the property is bound by the Rockland Park
subdivision containing single family homes located along Conklin Drive; and to the east (across
Military Trail) by the High Point of Delray East Condo development. The subject property is
currently vacant and the applicant is proposing to build a 3-story self storage building with
associated parking and landscaping.
The subject property is Lots 1, 2, 3, and 4, Block 2, Rockland Park. Previous development
activity includes approval of a special exception with the County via Resolution No. 80-836
which modified the zoning from AG (Agricultural District) to CS (Specialized Commercial
District) for the four (4) lots. Resolution No. 80-837 approved on June 24, 1980 by the Board of
County Commissioners allowed the construction of a funeral home on the property with certain
conditions including right-of-way dedications, landscaping and a contribution for a signal. This
development was never constructed.
The subject property continues to be under the jurisdiction of Palm Beach County but is in a
designated annexation area for the City of Delray Beach. The City has an Advisory land use
designation of MD (Medium Density Residential) on the property that allows for residential
development with a density between five and twelve units per acre. The applicant is seeking
City Water and is contiguous to the City limits to the east and north. The Commission policy is
that properties that are contiguous and request City services must annex into the City to receive
these services.
An application is now before the Board regarding a Voluntary Annexation, FLUM Amendment
from County LR-3 to City GC and a Rezoning from CG/SE to SAD. The Analysis will first
include analysis of the Future Land Use.
Current Land Use DesiQnation: The current County land use map designation for the property
is County LR-3 (Low Residential - 3 du/ac). The current City Advisory designation is MD
(Medium Density Residential).
Requested Land Use DesiQnation: The requested Future Land Use Designation is to City
TRN (Transitional).
Planning and Zoning Board Staff Rep. "eeting of 01/23/06
Robotic Space Savers - Annexation, FLUM, and Rezoning
Page 2
Florida Statutes 163.3187 - Small Scale land Use Map Amendments: This Future land
Use Map Amendment is being processed as small scale development pursuant to Florida
Statues 163.3187. This statutes states that any local government comprehensive land use
amendments directly related to proposed small scale development activities may be approved
without regard to statutory limits on the frequency of consideration of amendment (twice a
year), subject to the following conditions:
. The amendment does not exceed 10 acres of land;
. The cumulative effect of the amendments processed under this section shall. not exceed
120 acres within designated redevelopment and traffic concurrency exception areas, or 60
acres annually in areas lying outside the designated areas; and,
. The proposed amendment does not involve the same property, or the same owner's
property within 200' feet of property, granted a change within a period of twelve months.
. That if the proposed amendment involves a residential land use, the residential land use
has a density of 10 units or less per acre except for properties that are designated in the
Comprehensive Plan for urban infill, urban redevelopment, or downtown revitalization;
. The proposed amendment does not involve a text change to the goals, policies, and
objectives of the local government's comprehensive plan, but only proposes a land use
change to the Future land Use Map for a site-specific small scale development activity;
and,
. The property that is the subject of a proposed amendment is not located within an area of
critical state concern.
The Future land Use Map amendment involves a 0.99 acre area, thus the total area is less
than the 10 acre maximum. The property is not located within a designated redevelopment area
or traffic concurrency exception area. This amendment along with other small-scale amendment
processed this year, outside the designated areas, will not exceed 60 acres. For the 2006 year
0.0 acres have been subject to the small scale amendment process and this 0.99 acres will
make a total of 0.99 acres. This property has not previously been considered for a land use
amendment nor has the same property owner's properties been granted a land use change
within 200' feet, within the last year. The amendment does not involve a text change to the
Comprehensive Plan and it is not located within an area of critical state concern. Given the
above, the proposed FlUM amendment meets the criteria of FS. 163.3187 and can be
considered as a small scale amendment.
However, pursuant to 163.3187 (6)(a), no amendments may be made to the Comprehensive
Plan after the date established by the State (January 1, 2006) unless it (the City) has submitted
its Evaluation and Appraisal Report (EAR). To date the City has not submitted its EAR report
and does not anticipate submitting until June of 2006. Given this fact approval of this
amendment by the State is unlikely. After submission of the Evaluation and Appraisal Report
the City can submit pursuant to F.S. 163.3187(6)(g) amendments for up to one year before
required submittal of any EAR based amendments. Consequently, while the requested
annexation can be considered the application of a City Future land Use designation will be
delayed. Pursuant to Florida Statute the property can be annexed and the County land Use
and Zoning designation would remain in force until such time as the amendments are accepted
by the state. Even if the state will process the amendment it would not go forward with a
possible recommendation. The proposed amendment to Transitional (TRN) appears to be
Planning and Zoning Board Staff Repe ,leeting of 01/23/06
Robotic Space Savers - Annexation, FLuM, and Rezoning
Page 3
incompatible with the City of Delray Beach Advisory land use designation MD (Medium Density
Residential) which allows for residential development with a density between five and twelve
units per acre. The TRN (Transitional) land use designation is being proposed concurrently
with a request for annexation and initial zoning of SAD to accommodate a 4-story self-storage
building. This type of facility is also not consistent with the predominant residential pattern of
development in the area.
Land Use Analysis:
Consistency Between the City and County Land Use Desiqnations:
The proposed City Advisory Land Use Map Designation for the property is MD (Medium Density
Residential). The existing County Future Land Use Map Designation for the property is LR-3
(Low Residential - 3 du/ac). The City's MD Land Use Designation is consistent with the
County's LR-3 designation in that Low and Medium Density Residential development is allowed.
The proposed Land Use Designation of TRN (Transitional) while allowing both residential, office
and limited commercial is not consistent with the current City Advisory Land Use designation
MD nor the County's current designation of LR-3. The Transitional land use designation does
allows the establishment of uses which are compatible with adjacent residential uses i.e.
residential uses, however, these can more appropriately be accommodated by applying the
advisory designation of MD. The proposed land use designation TRN (Transitional), would allow
uses that are not consistent with the prevailing residential development pattern to the south,
east, and west of the subject property. The proposed 4-story self storage building proposed
under the SAD ordinance is not an appropriate use and is also inconsistent with the City
Advisory Land Use designation MD.
Further a rezoning to SAD (Special Activities District) is inappropriate given the purpose and
intent statement of the SAD District which is to provide a zoning district for projects which are
not otherwise classified or categorized in other zone districts. The zoning designations which
would accommodate the proposed self storage use would be industrial designations such as LI
(Light Industrial) and MIC (Mixed Industrial and Commercial) and limited GC (General
Commercial). Given this site locations and existing development pattern land use designations
of which would allow commercial or industrial development would be clearly inappropriate.
Adiacent Land Use Map DesiQnations. ZoninQ Desiqnations and Land Uses:
The following zoning designations and uses abut the subject property:
Zoning Designation
Use
North: Automotive Commercial (AC) Tire Kingdom Auto Repair Facility
South: Multiple Family Residential - Low Density Sierra Vista Multiple Family Subdivision
(LD)
East: Residential Medium Density (RM) High Point of Delray East (Condo
Development)
West: Palm Beach County Agricultural Residential Rockland Park Single Family
(AR) Subdivision (Alona Conklin Drive)
North: North of the subject property, has a City land use designation of GC (General
Commercial) and is zoned GC (General Commercial). The property is developed and contains
Tire Kingdom Brake and Auto Repair Facility.
Planning and Zoning Board Staff Rept Aeeting of 01/23/06
Robotic Space Savers - Annexation, FLUM, and Rezoning
Page 4
South: To the south, has a City land use designation of MD (Medium Density Residential), and
is zoned LD (Multiple Family Residential Development - Low Density). The property is
developed and contains a multiple family subdivision Known as Sierra Vista.
West: The abutting property to the west has a Palm Beach County land use designation of Low
Residential 3 - du/ac (LR-3) with an advisory land use designation of MD (Residential Medium
Density). The property is zoned County Agricultural Residential (AR). The existing land use is
a single family subdivision located along the perimeter of Conklin Drive.
East: East of the property (across Military Trail) has a City land use designation of MD
(Medium Density Residential) 5-12 du/ac) and is zoned RM (Residential Medium Density). The
property to the east is known as High Point of Delray East Condo development.
It is noted, that north of the subject property has a City Land Use Designation of CG
(Commercial General) and is zoned GC (General Commercial). The property is developed and
contains an auto-repair and tire installation facility known as Tire Kingdom. Tire Kingdom was
established by Resolution No.R-85-394 approved on March 5, 1985 by the Board of County
Commissioners of Palm Beach County and annexed into the City with Ordinance # 65-04
approved by the City Commission at its meeting of November 16, 2004. Although Tire Kingdom
facility is not consistent with the existing development pattern in the area it was given a City
Land Use designation of General Commercial to avoid creating a non-conforming structure that
has been in operation since March 5, 1985. Given the adjacent development pattern to the west
and south the advisory designation of MD is more appropriate. Therefore, a Future Land Use
Map designation of Transitional (TRN) and rezoning of Special Activities District (SAD) cannot
be supported.
Allowable Land Uses:
Under the proposed SAD (Special Activities District) zoning designation all allowed uses are
establish at the time of the establishment of the SAD zoning designation. While SAD zoning is
deemed consistent with any land use designation on the Future Land Use Map, the uses
allowed within a specific SAD shall be consistent with the land use category shown on the
Future Land Use Map. The uses, activities, and characteristics of a SAD are to be consistent
with the Comprehensive Plan, suitable and compatible with surrounding existing development,
and with the proposed character of the area. The Transitional land use designation is not
consistent with the proposed industriallcommercial development proposed under the SAD
Ordinance. The Transitional land use category is not consistent with the MIC, L1, GC zoning
districts which currently allow self storage uses.
Further, the proposed use is not consistent with the adjacent development pattern to the south,
east, and west of the subject property. The proposed 4-story self storage facility at the gate of a
single family subdivision creates concerns with respect to compatibility with the existing
residential development, and its potential to negatively impact the character of the area.
Further, application of the SAD zoning designation is inappropriate given the intent of the
district which is to provide a zone district appropriate for projects which are not otherwise
classified or categorized in other zone districts. This use is classified and categorized in the
MIC, LI and limited GC zoning district. To accommodate this type of use would require a land
use category of Commerce, Industrial or General Commercial and zoning of Mixed Industrial
and Commercial or General Commercial. Given the predominant residential nature of the
adjacent land uses if these designations were requested they would clearly be found
inappropriate
Planning and Zoning Board Staff Rep Meeting of 01/23/06
Robotic Space Savers - Annexation, RtJM, and Rezoning
Page 5
REQUIRED FINDINGS:
lAND DEVELOPMENT REGULATIONS CHAPTER 3 - PERFORMANCE STANDARDS:
Pursuant to lOR Section 3.1.1, prior to approval of land Use applications, certain
findings must be made in a form which is part of the official record. This may be
achieved through information on the application, written materials submitted by the
applicant, the staff report, or minutes. Findings shall be made by the body which has
the authority to approve or deny the development application. These findings relate to
the Future land Use Map (FlUM), Concurrency, Comprehensive Plan Consistency, and
Compliance with the land Development Regulations.
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.
Pursuant to Land Development Regulations Section 3.1.1 (A) (Future land Use Map), all
land uses and resulting structures must be allowed in the zoning district within which the
land is situated, and said zoning must be consistent with the land use designation as shown
on the Future land Use Map.
While the SAD zoning may be consistent with the proposed land use designation the
resulting uses are to be compatible with surrounding existing development and character of
the area. The resulting uses are not consistent with the adjacent development pattern to the
south, east, and west of the subject property, nor the residential character of the area.
Based on the above, positive findings cannot be made with respect to FLUM consistency.
o Concurrency: Development at the highest intensity possible under the requested
designation can meet the adopted concurrency standards.
The proposal involves amending the FlUM designation from LR-3 to TRN (Transitional) on
a site, approximately 0.99 of an acre. The proposed FLUM Amendment to accommodate a
storage facility will result in an increase in some impacts on adopted concurrency standards.
Concurrency findings with respect to Parks and Recreation, Schools, Solid Waste, Traffic,
Water and Sewer are discussed below:
Solid Waste: The proposed 4-story building with 70,200 square feet of self storage floor
area generates 23.99 tons of solid waste per year (70,200 sq.ft x 5.2.12,000 Ibs. = 365,040
Ibs or 182.52 tons). This amount of solid waste can be accommodated by existing facilities
and thus, will not have a significant impact on this level of service standard. The Solid
Waste Authority has indicated that its facilities have sufficient capacity to handle all
development proposals and existing facilities till the year 2024.
Water: Municipal water service is available via connection to a 12" water main located
along Military Trail, and also via an existing 8" main located on the east side of the sUbject
property. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's
Water Treatment Plant at build-out.
Sewer: Sewer service is available via connection to a 8" sewer main located along Military
Trail, and also via an existing 8" sewer main located on the east side of the subject property
draining to a lift station at the southeast corner of the Tire Kingdom site. Pursuant to the
Comprehensive Plan, treatment capacity is available at the South Central County Waste
Water Treatment Plant for the City at build-out.
Planning and Zoning Board Staff Rep, \/Ieeting of 01/23/06
Robotic Space Savers - Annexation, FLUM. and Rezoning
Page 6
o Consistency: The requested designation is consistent with the goals, objectives and
policies of the most recently adopted Comprehensive Plan.
The following applicable Comprehensive Plan objective and policies are noted:
Future Land Use Element Policv A-1.T: Amendments to the FLUM must be based
upon the findings listed below, and must be supported by data and analysis that
demonstrate compliance with these findings:
Demonstrated Need -- That there is a need for the requested land use. The need must
be based upon circumstances such as shifts in demographic trends, changes in the
availability of land, changes in the existing character and FLUM designations of the
surrounding area, fulfillment of a comprehensive plan objective or policy, annexation
into the municipal boundaries, or similar circumstances. The need must be
supported by data and analysis verifying the changing demographics or other
circumstances. This requirement shall not apply to requests for the FLUM
designations of Conservation or Recreation and Open Space; nor shall it apply to
FLUM changes associated with annexations when the City's Advisory FLUM
designation is being applied, or when the requested designation is of a similar
intensity to the Advisory designation. However, the findings described in the
remainder of this policy must be addressed with all FLUM amendments.
No data and analysis has been provided by the applicant to support this amendment.
Therefore a positive finding cannot be made. While the applicant may assert that the
proposed Transitional designation is of a similar intensity as the advisory MD this is not the
case since the transitional designation allows office and limited commercial uses in addition
to residential uses. Further by utilizing the SAD ordinance process the applicant will
introduce industrial or commercial type uses to the site. As previously stated office
commercial and industrial uses are inconsistent with the predominantly residential character
of the adjacent properties.
Future Land Use Element Obiective A-1: Property shall be developed or redeveloped
in a manner so that the future use and intensity is appropriate in terms of soil,
topographic and other applicable physical considerations; is complimentary to
adjacent land uses; and fulfills remaining land use needs.
The subject property is vacant and does not have any unique environmental characteristics
that would prohibit development of the site or require mitigation measures. The SUbject
property, if developed as a self storage facility will not be complimentary to the adjacent
uses located to the south and west (Sierra Vista and Rockland Park single family
subdivision along Conklin Drive). The proposed self storage facility will be more appropriate
in a MIC (Mixed Industrial Commercial) or LI (Light Industrial) zoning Districts.
Compatibilitv -- The requested designation will be compatible with the existing and
future land uses of the surrounding area.
As described previously, the TRN (Transitional) land use designation allows the introduction
of uses that are not compatible with the predominant residential character of adjacent
development.
Compliance -- Development under the requested designation will comply with the
provisions and requirements of the Land Development Regulations.
Planning and Zoning Board Staff Rep, Meeting of 01/23/06
Robotic Space Savers - Annexation, FI..UM, and Rezoning
Page 7
The SAD is a unique district which requires submittal of a development plan concurrently
with the establishment of the SAD. This is required because unlike conventional zoning
designations some of the development standards are those which are set forth on the site
and development plan. The LDRs allow two alternative approval process; the first requires
processing of a complete site and development plan with at least preliminary engineering
plans. The second alternative processing option allows the proposed SAD to proceed to first
reading based on a design submission and prior to second reading requires that the site
development plan including landscaping and architectural plans be approved by Planning
and Zoning Board and accompany rezoning request to the second reading request to City
Commission. The applicant has chosen the second alternative for this application and the
following is an analysis of the associated sketch plan.
Pursuant to LOR Section 4.4.25 (D), the site plan submittal for the subject property shall
comply with the development standards as set forth in Section 4.3.4 of the LDRs except as
modified by the following requirements:
1) A minimum setback of fifteen feet shall be established around the perimeter of the
property. Within the front and any street side setback, the fifteen foot (15') setback area
shall be a landscape area and no pavement shall be allowed therein except for
pedestrian ways and driveways (or streets) which will provide access to the property and
which are generally perpendicular to the abutting street.
2) Setbacks for all interior spaces shall be as set forth on the site and development plan.
Perimeter Setbacks for SADs
Pursuant to Section 4.4.25(0)(1), a minimum setback of 15 feet shall be established around
the perimeter of any property developed under the SAD designation. Within the front and
any side street setback, a 15 foot setback area shall be a landscape setback area and no
pavement shall be allowed therein except for pedestrian ways and driveways which provide
access to the property and which are generally perpendicular to the abutting street. The
proposed building location exceeds the building setback requirements. The new building
provides a 77' front, 20' side, and 25' rear setbacks.
ParkinCl
The applicant has provided sixteen (16) parking spaces with one being a handicap space.
Pursuant to LOR Section 4.3.3(A)(2)(c), parking shall be provided at a rate of one (1) space
per 5,000 S.F. of building floor area devoted to self-storage and accessory
management/administration uses. This requirement maybe modified during the site plan
approval process if a sufficient number of storage units have direct vehicle access, and
internal driveways are designed to allow customers to safely park in front of their storage
unit without impeding internal circulation. Based on the proposed site plan modification a
total of 72,200 S.F of storage and office space, which equates to a total of 14 parking
required at one (1) per 5,000 S.F. The applicant has provided a total of 16 parking spaces
which exceeds the LOR requirement.
Pursuant to 4.3.4(4)(6)(b)(6), Along Military Trail, from the L-38 Canal northward to the L-30
Canal, a special landscape area shall be provided. This landscape area shall be the smaller
distance of either 30' or 10% of the average depth of the property; however, in no case shall
the landscape area be less than ten feet (10').
Planning and Zoning Board Staff Repc neeting of 01/23/06
Robotic Space Savers - Annexation, FLUM, and Rezoning
Page 8
Pursuant to 4.3.4(4)(J)(5), for special uses (not including residential, commercial, or
industrial uses) which can only be accommodated through the use of the SAD (Special
Activities) District, the height limitations for such a use within any SAD shall be specifically
set forth in the enacting ordinance of that specific SAD, provided that the SAD falls within
one of the geographical areas described in Subsection 4.3.4(J)(4)(i).
Pursuant to 4.4.25(E)(1), for the proposed Safe and Secure storage facility the
supplemental district regulations as set forth in Article 4.6 of the LDRs shall apply. Parking
and loading requirements (number of spaces) shall be as set forth on the site and
development plan. [Amd. Ord. 60-93 10/12/93]
Florida Statues Governinq Voluntarv Annexations:
Pursuant to the Florida Statutes 171.044 "the owner or owners of real properties in an
unincorporated area of the County, which is contiguous to a municipality and reasonably
compact may petition the governing body of said municipality that said property be annexed to
the municipality". Pursuant to F. S. 171.044 (5) "land shall not be annexed through voluntary
annexation when such annexation results in the creation of enclaves".
Pursuant to F.S. 171.031 (13), an "enclave" is (1) any unincorporated improved or developed
area that is enclosed within and bounded by a single municipality and a natural or man made
obstacle that allows the passage of vehicular traffic to that unincorporated area only through
the municipality.
. The property is contiguous with the City and reasonably compact. These parcels nor the
remaining subdivision do not technically meet the definition of an enclave as they are
contiguous to the west with Highpoint which is under County jurisdiction. However, while the
County has not yet responded it is anticipated that they will not support the annexation as
the annexation of this property will require that County personnel must drive through the
City to provide services to the residents of the Rockland subdivision.
land Development Requlations Governinq Annexations:
Pursuant to the land Development Regulations 2.4.5 (C) (1) "the owner of land may seek the
annexation of contiguous property, under his ownership" pursuant to Florida Statutes. The
property owner has voluntarily petitioned for this annexation.
CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN:
Desiqnated annexation area: The territory to be annexed is located within the designated
annexation area (Area F) located on the west side of Military Trail north of Atlantic Avenue.
Annexation of the subject territory is consistent with the Future land Use Element Policy 8-3.5,
which calls for annexation of eligible properties through voluntary annexations as the
opportunities arise.
CONCURRENCY:
Provision of Services: Future Land Use Element 8-3.1 states that when annexation of
property occurs, services are to be provided in a manner which is consistent with services
Planning and Zoning Board Staff Rep .Meeting of 01/23/06
Robotic Space Savers - Annexation, FLl.IM, and Rezoning
Page 9
provided to other similar properties already in the City. Following is a discussion of required
services and the manner in which they will be provided.
Police: The subject property is currently served by the Palm Beach County Sheriff's Office,
located at 345 South Congress Avenue, which serves the South County area. The property
lies within Sheriff Patrol zone 4. Zone 4 is bordered by EI Clair Road on the west, the Atlantic
Ocean on the east, and Boynton Beach on the north and Atlantic Avenue to the south. One
officer is assigned to a particular zone during a shift (three shifts per day). The City of Delray
Beach's Police Department has 14 cars per shift patrolling a 15 square mile area during the
day and 15 cars during the night; and as a consequence, response time is significantly
improved upon annexation. Annexation will not require additional manpower since the police
currently pass the property during routine patrolling to the north and east of the property.
Fire and Emeraencv Services: The municipal area is served by Fire Station NO.4 (Barwick
Road and Lake Ida Road). With annexation, the property will receive an improved response
time from the current 5.5 minutes of the County's Fire Department (Fire Station #42 located on
Hagen Ranch Road close to the Turnpike) to 2.5 minutes for the City's Fire Department (Fire
Station #4 located at Barwick and Lake Ida Road).
Water and Sewer: City services regarding water and sewer have previously been discussed
under Future Land Use Analysis section of this report.
Streets: The subject property has direct access to Military Trail which is under the jurisdiction
of Palm Beach County. The jurisdictional responsibility immediately adjacent to the property
change with annexation as both sides of the street will be within the City limits. However,
associated road maintenance will not change upon annexation.
Financial Impacts:
Effect upon Annexed Propertv:
The following table depicts the current assessed value and total (County) taxes for the subject
property:
424614030020010 $22,650.00 $432.00 19.07285 23.725398 $537.38 $105.38
424614030020020 $21,390.00 $408.00 19.07433 23.725398 $507.49 $99.49
424614030020030 $21,390.00 $408.00 19.07433 23.725398 $507.49 $99.49
424614030020040 $21,390.00 $408.00 19.07433 23.725398 $507.49 $99.49
TOTAL $86,820.00 $1,656.00 19.07395 23.725398 $2,059.84 $403.84
For the 2005 tax year the subject property (four parcels) had a combined assessed value of
$86,820. With the change from County to City jurisdiction, the following taxes and rates will be
affected:
Planning and Zoning Board Staff Rep, ,lIIeeting of 01/23/06
Robotic Space Savers - Annexation, FLUM, and Rezoning
Page 10
Fire/Rescue MSTU
Palm Beach County Lib.
Palm Beach Co. Lib. Debt
Florida Inland Navegation
Health Care District
Children Service Council
Palm Beach County
Palm Beach County Debt
Public Schools Debt Servo
Public Schools Loc.Board
Public Schools State Law
SFWMD District
SFWMD Everglades Const
City of Delray Beach
City of Delray Beach Debt
SUB-TOTAL
296.06
49.07
5.20
3.33
93.76
59.79
361.36
23.38
19.28
230.42
454.07
51.83
8.69
$1,656
3.199300 DELETE
0.540000 DELETE
0.040400 DELETE
0.038500
1.099969
0.300201
4.500000
0.267698
0.274000
2.591990
4.900000
0.510000
0.811900
7.466100 Added (City)
0.533900 Added (City)
19,073958 Difference'
4.22030
0.00
0.00
0.00
3.33
93.76
59.79
420.73
23.38
19.28
230.42
454.07
51.83
8.69
$648.21
$46.35
$2.059.84
0.00
0.00
0.00
0.469640
1.099969
0.300201
4.500000
0.267698
0.274000
2.591990
4.900000
0.510000
0.811900
7.466100
0.533900
23.725398
. Total tax mileage in the county is 19.0739 mills while in the city the total mileage is 23.7253 mills. Therefore the
difference is 4.2203 mills.
The current yearly ad valorem taxes are $1,656. With annexation the yearly ad valorem taxes
will be $2,059.84, (1656+403.84=2,059.84); a tax difference of $403.84. In addition to
property taxes, the following Non Ad Valorem fiscal responsibility will apply:
Delray Beach Storm Water Utility - This assessment is based upon the percentage of
impervious area of the buildings, parking areas, etc. A 25% discount from the assessment is
available since the property is within the Lake Worth Drainage District. An additional 25% is
also available as drainage is retained on site.
Solid Waste Authority - The Military Trail annexation areas are serviced under a new
contract by Waste Management (pursuant to a contract awarded October 1, 2003). City's
contract is currently through Waste Management. Pursuant to Florida Statute 171.062 (4) (a) "
if a party has an exclusive franchise which is in effect for at least six months prior to the
initiation of an annexation, the franchise may continue to provide such services to the annexed
area for five years or the remainder of the franchise term whichever is shorter". As the waste
provider is currently the same this annexation will have no impact.
Resulting Impacts to the Property Owner:
Planning and Zoning Board Staff Repe ~eeting of 01/23/06
Robotic Space Savers - Annexation, FLUM, and Rezoning
Page 11
AD VALOREM TAXES 2006
Cily Mills. Counly Mills
23.7254 19.07395 = 4.2203
NON AD VALOREM TAXES 2005
Stormwaler Assessment (When proposed project is built)
Solid Waste Collection When ro osed ro"ect is built
WATER & SEWER UTILITY FEES
ANNUAL FINANCIAL IMPACT:
+
$378.39
$299.62
$0.00
+ $1,081.85
Fire Response
+
Faster response from an estimated 5.5
minutes Coun to 2.5 minutes Cit ).
Faster response from an estimated 5.5
minutes Count to 2.5 minutes Cil .
Better response based upon more officers
in field; 14 patroll cars per shift daytime,
15 atroll cars durin the ni hI.
Pro-active vs reactive opportunily to work
with rope owners.
Emergency Medical
Services EMS
Police
+
+
Code Enforcement
+
Fiscallmoacts to the City: At the 2003/2004 City operating milage of 7.4661 mills and debt rate
of 0.5339 mills, the property will generate approximately $403.84 in new ad valorem taxes per
year. Additional revenues will be realized through increased assessment value, the annual
collection of the storm water assessment fee as well as utility taxes (9.5% electric, 7%
telephone) and franchise fees on electric, telephone, and cable.
-~-~
AD VALOREM TAXES 2005
City of Delray Beach (7.4661 Mills) $648.21
City of Defrav Beach Debt (0.5339 Miils) $46.35
SUB-TOTAL $694.56
NON-AD VALOREM TAXES
Storm Water Utility (# sq.ft. of impervious area/2,502) X $54) $0.00
SUB-TOTAL $694.56
PARK AND RECREATION IMPACT FEE
$500 per dwelling $0.00
TOTAL $694.56
Future Land Use Map Consistency, Concurrency, Comprehensive Plan Consistency and
Compliance with the development criteria of the LDR were previously discussed under the
"Future Land Use Map Amendment Analysis" section of this report. Compliance with the Land
Development Regulations with respect to Standards for Rezoning Actions and Rezoning
Findings are discussed below.
The proposed City zoning designation is SAD (Special Activities District) while the current
County zoning designation is CG/SE (Commercial GenerallSpecial Exception). The special
exception was approved by Resolution No. 80-836 and Resolution 80-837, approved on June
24, 1980, by the Board of County Commissioners which allowed a Funeral Home. This use is
Planning and Zoning Board Staff Rep Meeting of 01/23/06
Robotic Space Savers - Annexation, FLUM, and Rezoning
Page 12
more residential in type and would have less impact that most commercial uses. The current
proposal would introduce an industrial type of use which as previously stated is inconsistent
with adjacent land use patterns.
The surrounding zoning designations are: County AR (Agricultural Residential) to the west; City
RM (Multiple Family Residential - Medium Density) to the east; City GC (General Commercial)
to the north; and City LD (Multiple Family Residential - Low Density) to the south.
Section 3.2.2 (Standards for Rezonina Actions): Standard "A", "8", "C", and "E" are not
applicable with respect to this rezoning request. Standard "0" requires that the
rezoning shall result in allowing land uses which are deemed compatible with adjacent
and nearby land use both existing and proposed; or that if an incompatibility may occur,
that sufficient regulations exist to properly mitigate adverse impacts from the new use.
[Amd. Ord. 13-99 3/16/99]
The application of an initial zoning designation of SAD (Special Activities District) is not
consistent with the adjacent development pattern to the south, east, and west of the subject
property. The proposed storage facility creates concerns with respect to compatibility with the
surrounding existing development, and its potential to negatively impact the character of the
area. Therefore, the proposed Rezoning to Special Activities District (SAD) does meet the
requirements of LDR Section 3.2.2 (D) Standards for Rezoning Action and should be denied.
Further, pursuant to 4.4.25(A), the purpose and intent of the Special Activities District is to
provide a zone district which is appropriate for projects which are not otherwise classified or
cateoorized in other zone districts; or, which for some other reason, can not be properly
accommodated in the other zone districts. This use is classified and categorized in the MIC
zone district LI zone District and certain areas of GC (General Commercial) zoned district. To
accommodate a self storage facility under these zone designations would require a land use
category of Commerce, Industrial or General Commercial and zoning of Mixed Industrial, Light
Industrial and Commercial. Given the predominant residential nature of the adjacent land uses
those designations would clearly be inappropriate. By utilizing the SAD ordinance process the
applicant will introduce these industrial andlor commercial type uses to the site. As previously
stated office, commercial and industrial uses are inconsistent with the predominantly residential
character of the adjacent properties.
Section 2.4.5 (0) (5) (Rezoning Findings):
Pursuant to Section 2.4.5 (0) (5), Pursuant to LOR Section 2.4.5(0) (5), in addition to
provisions of Chapter Three, the City Commission must make a finding that the rezoning
fulfills one of the reasons for which the rezoning change is being sought. These
reasons include the following:
(a) That the zoning had previously been changed, or was originally established, in
error;
(b) That there has been a change in circumstances which make the current zoning
inappropriate; or
(c) That the requested zoning is of similar intensity as allowed under the Future
Land Use Map and that it is more appropriate for the property based upon
circumstances particular to the site andlor neighborhood.
Planning and Zoning Board Staff Repo ~eeting of 01/23/06
Robotic Space Savers - Annexation, FLuM, and Rezoning
Page 13
The applicant is applying for annexation of this property into the City and the annexation
requires that an appropriate zoning designation also be applied. While the SAD zoning may be
consistent with the proposed land use designation TRN (Transitional), the proposed uses within
the SAD are not of similar intensity as allowed in the Transitional Land Use designation which
would not accommodate conventional zoning designations which would accommodate a self
storage use.
The subject properties are not in an area that requires review by the Community
Redevelopment Agency (CRA) or Downtown Development Authority (DDA).
Palm Beach County Notice:
On January 9, 2006 the Palm Beach County Planning Division was notified of the City's intent to
annex this property.
Lake Worth Drainaqe District:
On January 18, 2006 Lake Worth Drainage District was notified of the City's intent to annex this
property.
IPARC Notice:
On January 18, 2006, notice of the Future Land Use Amendment has also been provided to the
Interlocal Plan Amendment Review Committee (IPARC) which distributes the information to
adjacent municipalities. No objections have been received.
Courtesv Notices:
Special courtesy notices were provided to the following homeowners and civic associations:
o PROD (Progressive Residents of Delray)
o Carolyn Zimmerman, Presidents Council
o Neighborhood Advisory Council
o Gerald DeFoe
o Gary Lord
o Gary Horatsis
o Nancy Monaco
o Frances Chassen
o High Point Delray West 1
o High Point Delray West 2
o High Point Delray West 3
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the subject
property. Additional letters of support or objection, if any, will be presented at the Planning and
Zoning Board meeting.
Planning and Zoning Board Staff Rep, ,V1eeting of 01/23/06
Robotic Space Savers - Annexation, FLUM, and Rezoning
Page 14
Accommodating the annexation of this property is consistent with the City's program for
annexation of territory within its planning and service area. The application of an initial zoning
designation of SAD and the related development it is not consistent with the adjacent
development pattern to the south, east, and west of the subject property. The proposed self
storage facility does create concerns with respect to compatibility with the surrounding existing
development, and with the character of the area. The proposed Future Land Use designation of
Transitional (TRN) and Rezoning to Special Activities District (SAD) of the subject property is
not consistent with Policy A-1.7 and Policy A-2.3 of the Comprehensive Plan, and does not
meet the requirements of LOR Section 3.2.2(0) Standards for Rezoning. Required findings with
respect to 3.1.1. (FLUM Consistency and Compatibility cannot be made). Staff recommends the
subject property be annexed with a Future Land Use Map designation of MD (Medium Density
5-12 du/ac) and zoning designation of RL (Multiple Family Residential - Low Density). Based
upon the above, the proposed Annexation, Future Land Use Map Amendment and associated
Rezoning application as presented should be denied.
The annexation will provide with better Police, Fire, EMS and Code Enforcement services. The
property will experience a slight increase in ad valorem taxes.
A. Continue with direction.
B. Move a recommendation of approval to the City Commission for the voluntary annexation,
FLUM Amendment from County LR-3 to Transitional (TRN), and the initial zoning
designation of SAD (Special Activities District) for the subject property, by adopting the
findings of fact and law contained in the staff report, and finding that the request and
approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth
in Sections 2.4.5(0) (5), 3.1.1 and 3.2.2 of the Land Development Regulations.
C. Move a recommendation of denial to the City Commission for the voluntary annexation,
FLUM Amendment from County LR-3 to Transitional (TRN), and the initial zoning
designation of SAD (Special Activities District) for the subject property, by adopting the
findings of fact and law contained in the staff report, and finding that the request and
approval thereof is not consistent with the Comprehensive Plan nor meets the criteria set
forth in Sections 2.4.5(0) (5), 3.1.1 and 3.2.2 of the Land Development Regulations.
Move a recommendation of denial to the City Commission for the voluntary annexation, FLUM
Amendment from County LR-3 to City Transitional (TRN), and the initial zoning designation of
SAD (Special Activities District) for the subject property, by adopting the findings of fact and law
contained in the staff report, and failure to make positive findings with respect to LOR Section
3.2.2.(0), 3.1.1. (Future Land Use Map), 3.1.1. (Compatibility) 2.4.5.(0)(5) (Reasons for
rezoning) and inconsistensies with the Comprehensive Plan more specifically FLUM Element
Policy A-1.7 and Objective A-1.
Attachments:
Location Map
Conceptual Site Plan and Elevation
Staff Report Prepared by: Estelio Breto, Senior Planner
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MILITARY TRAIL AND CONKLIN DRIVE, DELRAY BEACH
MEMORANDUM
TO:
MAYOR AND CITY COMMISSIONERS
CITY MANAGERPJ~'l
AGENDA ITEM # \ 0 ~ - REGULAR MEETING OF ]UL Y 25. 2006
RESOLUTION NO. 50-06 (STORMWATER UTILITY SYSTEM)
FROM:
SUBJECT:
DATE:
JULY 21, 2006
In accordance with Chapter 56, "Stormwater", of the City Code, Resolution No. 50-06 establishes the
budget for the stormwater utility system, establishes the rates for FY 2007 stormwater management
assessments, and certifies and adopts the stormwater management assessment roll. Prior to
consideration, a public hearing is required.
The assessment is proposed at the rate of $5.33 per month per Equivalent Residential Uuit (ERU), for
a total annual assessment of $63.96 per ERU. This represents a $0.83 per month per ERU increase
over the current year assessment. Property owners within the Lake Worth Drainage District are given
a 25% discount. A separate 25% discount is given to owners of property served by private drainage
systems.
The proposed budget for the stormwater utility fund is incorporated in Resolution No. 50-06 as
Exbibit "A". The rate structure with condominium factors is attached to the resolution as Exbibit
"B". The assessment roll will be available for review in the Commission Chambers at the July 25'"
meeting.
Recommend approval of Resolution No. 50-06.
S:\City Clcrk\al-,'Cnda memos\Res.50-06.Stonnwater.07.2S.06
RESOLUTION NO. 50-06
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRA Y BEACH, FLORIDA, ESTABLISHING A BUDGET
FOR THE STORMWATER UTILITY SYSTEM; ESTABLISHING
RATES FOR STORMWATER MANAGEMENT ASSESSMENTS
FOR EACH PARCEL WITHIN THE BENEFITTED AREA,
OTHER THAN NON-ASSESSED PROPERTY; PROVIDING
FOR A PUBLIC HEARING, ALL IN ACCORDANCE WITH
CHAPTER 56 OF THE CODE OF ORDINANCES OF THE
CITY OF DELRA Y BEACH, FLORIDA, AND RELEVANT
STATUTORY AUTHORITY; PROVIDING FOR THE
CERTIFICATION AND ADOPTION OF THE STORMWATER
ASSESSMENT ROLL.
WHEREAS, the City Commission of the City of Delray Beach, Florida, did, on
July 10, 1990, adopt Ordinance No. 21-90 wbich provides for the creation and establishment of a
City-wide Stormwater Management System; and
WHEREAS, the City Commission of the City of Delray Beach did, on April 27,
1993, adopt Ordinance No. 35-93 wbich amended Chapter 56 of the Code of Ordinances of the
City of Delray Beach to provide for the method of establishing and collecting Stormwater
Management Assessments; and
WHEREAS, the statutory authority for the creation and implementation of
Ordinance No. 21-90, as amended, is predicated on Article VIII, Section 2(b) of the Florida
Constitution; Chapter 166, Florida Statutes, as amended and supplemented; Section 403.0893,
Florida Statutes, as amended and supplemented; Chapter 197, Florida Statutes, as amended and
supplemented; the City Charter of the City of Delray Beach, Florida; and other applicable
provisions of law; and
WHEREAS, the City Commission of the City of Delray Beach has found that
owners, tenants and occupants of property within the geograpbical boundaries of the City will
derive a special benefit from the effective management of stormwater and other surface water and
from the operation, maintenance and expansion of the stormwater management system; and
WHEREAS, Chapter 56 of the City Code establishes that the rate for stormwater
management assessments for each parcel within the benefited area, other than with respect to non-
assessed property, shall be established each year by resolution of the City Commission; and
WHEREAS, Chapter 56 of the City Code provides that such rate resolution shall
not be adopted prior to the establishment of an operational budget for the system or prior to
conducting a rate hearing as required by applicable law; and
WHEREAS, Chapter 56 of the City Code provides that such budget shall include,
but not be limited to, a capital element, a debt service element and an Operation and Maintenance
element and further requires that the rate hearing and rate resolution shall clearly establish what
portion of the stormwater management assessment reflects the capital element, the debt service
element, if any, and the Operation and Maintenance element; and
WHEREAS, a budget of operation for the year ending September 30, 2007, is set
forth in Exbibit "A" and is established in conformity with the requirements of Ordinance No. 21-
90, as amended, and Chapter 56 of the Code of Ordinances of the City of Delray Beach; and
WHEREAS, billing and collection of the stormwater management assessment shall
be accomplished utilizing the uniform method of collection; and
WHEREAS, a rate for stormwater management assessments for the various classes
of property (other than non-assessed property) within the benefited area shall be calculated as
provided in Chapter 56 of the City Code, and as further set forth in Exbibit "B" to this resolution;
and
WHEREAS, a public hearing on this resolution setting the rates and adopting the
budget and for the purposes of adopting and certifying a stormwater assessment roll was duly
noticed; and
WHEREAS, the City, upon adoption of the budget and rates, shall review the
stormwater assessment roll to determine its conformity with the proposed rate resolution and if
upon the completion of such review the City shall be satisfied that the Stormwater Management
Assessment Roll has been prepared in conformity with the proposed rate resolution, it shall adopt
said resolution and ratify and confirm the Stormwater Management Assessment Roll and certify
that the Stormwater Management Assessment Roll is correct and proper and is to be used in
collecting the stormwater management assessments. Thereafter, the City Commission, if no
objections are made by persons affected by the assessment roll at the public hearing or if
objections having been made are deemed insufficient by the City Commission, shall thereupon
adopt the assessments as shown by the Assessment Roll; and
WHEREAS, the owner of each parcel within the benefited area for wbich a
stormwater assessment is levied shall thereafter be responsible for payment therefor.
2
RES. NO.50-06
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission does hereby adopt the aforementioned
preamble in its entirety.
Section 2. That the City Commission does hereby adopt, after public hearing, the
budget as established in Exbibit "A" hereto wbich is incorporated herein.
Section 3. That the City Commission does hereby adopt, after public hearing, the
rates as set forth in Exbibit "B" hereto wbich is incorporated herein.
Section 4. That the City Commission hereby adopts and certifies the Stormwater
Management Assessment Roll.
PASSED AND ADOPTED in regular session on this the 25'" day of July, 2006.
ATTEST:
MAYOR
City Clerk
3
RES. NO.50-06
Exhibit "At!
FY 2006-07
FUND 448 STORMW ATER UTILITY FUND
Dept 54 Stormwater Utility
Div 11 Administration
12-10 REGULAR SALARIES/W AGES $ 45,990
21-10 EMPLOYER FICA 3,260
22-10 GEN'L EMP RETIREMENT 4,540
22-30 ICMA CONTRIBUTIONS 460
23-10 LIFE INSURANCE 260
23-20 DISABILITY INSURANCE 290
23-30 HEALTH INSURANCE 6,710
24-10 WORKERS' COMPENSATION 2,020
25-10 UNEMPLOYMENT COMPENSATION 40
25-20 EMPLOYEE ASSISTANCE PROG. 50
. PERSONAL SERVICES 63,620
31-30 ENGINEERINGI ARCHITECT 23,300
31-90 OTHER PROFESS SERVICES 23,000
32-10 AUDIT/ACCOUNTING FEES 1,900
40-10 TRAVEL & TRAINING 600
41-10 TELEPHONE EXPENSE 200
42-10 POSTAGE 150
43-50 STORMW ATER CHARGES 870
44-30 EQUIPMENT RENTAULEASE 1,430
44-45 VEHICLE RENTAL-GARAGE 1,780
45-10 GENERAL LIABILITY 8,090
46-30 VEHICLE MAINT-GARAGE 1,800
46-90 OTHER REP AIRlMAINT COST 7,100
47-20 REPRODUCTION CHARGES 1,310
49-22 SHARE OF ADMIN EXP 92,000
51-10 ST A TIONERY/P APER/FORMS 2,670
51-90 OTHER OFFICE SUPPLIES 450
52-10 FUELlLUBE VEHICLE 220
52-20 GEN'L OPER SUPPLIES 1,500
52-22 UNIFORM/LINEN SERVICE 180
54-10 BOOKS & PUBLICATIONS 130
54-15 SUBSCRIPTIONS 50
54-20 MEMBERSHIPS 830
54-30 TRAININGIEDUCA TION COSTS 520
. OPERATING EXPENSES 170,080
66-10 SOFTWARE
CAPITAL OUTLAY
91-01 TRANSFER TO GENERAL FUND 96,000
. TRANSFERS 96,000
99-01 PROJECT RESERVE 407,640
. NON OPERATING 407,640
.. STORMW ATER ADMINISTRATION $ 737,340
Exhibit tI A"
FY 2006-07
FUND 448 STORMW ATER UTILITY FUND
Dept 54 Stormwater Utility
Div 16 MAINTENANCE
12-10 REGULAR SALARIESIW AGES $ 174,810
14-10 OVERTIME 23,600
13-10 OTHER PAY 300
21-10 EMPLOYER FICA 14,470
22-10 GEN'L EMP RETIREMENT 17,260
22-30 ICMA CONTRIBUTIONS 1,100
23-10 LIFE INSURANCE 800
23-20 DISABILITY INSURANCE 1,100
23-30 HEALTH INSURANCE 33,550
24-10 WORKERS' COMPENSATION 17,800
25-10 UNEMPLOYMENT COMPENSATION 190
25-20 EMPLOYEE ASSISTANCE PROG. 240
. PERSONAL SERVICES 285,220
31-20 MEDICAL 130
34-70 PHOTOIMICROFlLM SERVICES 100
34-78 REPAIR & UPKEEP CANALS 9,420
34-90 OTHER CONTRACTUAL SERVICE 54,000
40-10 TRAVEL & TRAINING 1,560
41-15 PORTABLEPHONEffiEEPER 30
43-10 ELECTRICITY 7,840
43-25 IRRIGATION WATER 9,800
44-10 LAND RENT AL/LEASE 1,630
44-30 EQUIPMENT RENTAULEASE 1,000
44-40 VEHICLE RENTAULEASE 360
44-45 VEHICLE MAINT-GARAGE 35,090
45-10 GENERAL LIABILITY 19,840
46-20 EQUIPMENT MAINTENANCE 1,430
46-30 VEHICLE MAINT-GARAGE 31,700
46-90 OTHER REP AIR/MAINT COST 99,830
47-10 PRINTINGffiINDING SERVICES 400
48-20 EMPL RECOGNITION AWARD
49-16 COMML DRIVERS LlC RENEWAL 110
51-10 ST A TIONERYfP APER/FORMS 100
51-90 OTHER OFFICE SUPPLIES 400
52-10 FUEL/LUBE VEHICLES 14,580
52-20 GEN'L OPER SUPPLIES 7,000
52-22 UNIFORMS/LINEN SERVICE 2,270
52-24 BUILDING MATERIALS 1,300
52-26 GARDENING SUPPLIES 10,000
52-27 EQUIPMENT <$750 6,320
53-20 REPAIRS-DRAINAGE 13,000
54-20 MEMBERSHIPS 100
54-30 TRAININGIEDUCA TION COSTS 900
. OPERATING EXPENSES 330,240
64-25 HEAVY EQUIPMENT
. CAPITAL OUTLAY
.. STORMW ATER SYSTEM MAINTENANCE $ 615,460
Exhibit "An
FY 2006-07
FUND 448 STORMW A TER UTILITY FUND
Dept 54 Stormwater Utility
Div 61 CAPITAL
65-33 BLOCK 64 ALLEY DRAINAGE
65-34 SW 8TH AVE - SWIlTH ST - SW 10TH ST
99-01 PROJECT RESERVE
. CAPITAL OUTLAY
$ 217,500
45,000
624,000
886,500
$ 886,500
.. CAPITAL
FUND 448 STORMW ATER UTILITY FUND
Dept 71 Debt Service
Div IIDebt Service
71-16 STORMWATER NOTE
72-16 STORMWATERNOTE-INTEREST
· DEBT SERVICE
27,120
26,390
53,510
$ 53,510
1$ 2,292,810 I
.. DEBT SERVICE
... STORMW ATER UTILITY FUND
EXHIBIT "B" TO RESOLUTION NO. 50-06
Property Total 12 Month
Description Rate Structure Assessment
Single Family
Residential ($S.33/Mo./ERU) (12 Mo.) (1 ERU) $ 63.96
Condominium ($S.33/Mo./ERU) (12 Mo.) (Condo Factor) $ 63.96
(ERU/Unit) xCF*
Single Owner
Multi-Family
Residential ($S.33/Mo./ERU) (12 Mo.) $ 63.96/ERU
Non-Residential
Developed ($S.33/Mo./ERU) (12 Mo.) $ 63.96/ERU
Undeveloped ($S.33/Mo./ERU) (12 Mo.) (1.20 ERU/AC) $ 76.75/ AC
All properties within the Lake Worth Drainage District (LWDD), as indicated by the LWDD's
boundary map, shall receive a 25% discount.
All properties for wbich the City does not provide for the maintenance of stteet drainage systems
shall receive a 25% discount.
* A specific condominium factor (0.0 - 1.0) has been determined for each condominium
development. A list of those factors is attached.
City of Delray Beach, Florida
STORMWATER MANAGEMENT ASSESSMENT
CONDOMINIUM RATES FOR TAX YEAR 2006
Program:
Prepared:
Page:
SWLIB/SWCONDO
7/14/06, 12,44,10
1
Condominium
--------------------------------------------------------------------------------
ERUs
Units
--------------------------------------------------------------------------------
Acacia House
Admiral Apts.
Anchorage
Ardmore
Arnold Industrial Park
Atlantic Grove
Bahama House of D.B./Brook Haven/Ocean Reach Apts.
Bahia at Delray
Balmoral
Banyan House
Banyan Tree Village
Bar Harbour
Barr Terrace
Barrton Apts.
Beach Cabanas
Beach House of Delray
Beekman
Berkeshire II
Berkshire I
Bermuda High
Bermuda High South
Bermuda High West
Blairs Arcade
Blairs Downtown
Block 60
Boca ISle/point at Delray Beach
Brooks Lane
Cambridge
Captains Walk
Casa Del Mar
Casa Playa
Chevy Chase
Churchill
Coach Gate
Coastal House
Colridge
Commodore Apts.
Congress Commerce Center
Congress Park Office
Congress Professional Building
Coral Cove
Costa Del Rey
Country Manors
Court of Delray
Courtyards at Martel Arms
Cove Apts
Crest
Del Harbour
Del Harbour Condominium
Delhaven
Delray Bch Club
Delray Beach Yacht Club Condo
Delray Dental Specialists
Delray Estates
3
10
8
13
3
49
22
236
12
65
55
85
95
103
12
12
14
48
23
22
29
46
5
3
92
93
6
8
57
11
11
16
30
7
85
3
8
158
32
3
7
40
440
43
8
5
6
18
4
24
77
12
3
324
.91
.70
.32
.70
1. 00
.93
.70
.79
.57
.63
.96
.39
.38
.46
.64
.70
.70
1.00
.79
1.00
.96
1. 00
1. 00
.89
.13
.69
1.00
1.00
.86
.49
.73
.70
.60
.97
.41
.87
.70
1.00
.46
1. 00
.70
.63
1. 00
.40
.88
.70
.79
.32
.70
.74
.47
.53
.70
.55
City of Delray Beach, Florida
STORMWATER MANAGEMENT ASSESSMENT
CONDOMINIUM RATES FOR TAX YEAR 2006
Program:
Prepared:
Page:
SWLIB/SWCONDO
7/I4/06, I2,44,IO
2
Condominium
Units
--------------------------------------------------------------------------------
ERUs
--------------------------------------------------------------------------------
Delray Golfview
Delray Harbour Club
Delray Oaks
Delray Oaks West
Delray Ocean Villas
Delray Park
Delray Place
Delray Shores Professional
Delray Summit
Domaine Delray
Dover House
Downtown Lofts
Duval Place
Eastview of Delray Beach
Eastview Village Square
Eastwinds
Eight Hundred Ocean Place
Environment I
Fairway
Fall R~dge
First Encounter
Fountain Square Office of Delray
Georgia Street Industrial Park
Golfview Colony
Grand Bahama Professional
Greensward Village
Grove
Hamilton House
Harbour Pointe of Delray
Harbour Villas
Harbourside I-III
High Point
Imperial Manor
Imperial Villas
Ingraham House
Inlet Cove
Inner Circle
Intercoastal Cove
Jardin Del Mar
Lago Del Rey
Lago Del Rey North Amsterdam
LaKeside
Lakeview Greens
Landings of Delray Beach
LanikaJ.. Villas
Lavers Delray Racquet Club
Ledges
Linton Ridge
Linton wooas
Lyndon Arms
Manor House
Marina Bay
Marina Del Rey
Martel Arms
36
50
I42
256
I5
6
42
8
66
60
45
7
8
3
24
84
8
92
72
60
46
I3
3
8
I5
I36
28
23
IO
~3
I75
l,992
I2
I99
4
I6
I6
4
38
338
30
2I2
I28
64
24
566
3
84
24
8
24
2
IO
30
.57
.7I
.95
I.OO
.70
I.OO
.35
I.OO
.4I
.9I
.48
.45
.7I
.70
LOO
.69
I.OO
.93
LOO
I.OO
.70
I.OO
LOO
I.OO
I.OO
.9I
.99
.84
.70
.73
.76
.76
.70
.96
.70
I.OO
.72
.70
.83
.86
.57
.46
.90
~.OO
.52
LOO
.70
.39
LOO
.64
.67
LOO
.70
l.OO
City of Delray Beach, Florida Program: SWLIB!SWCONDO
STORMWATER MANAGEMENT ASSESSMENT Prepared, 7/I4/06, I2,44,lO
CONDOMINIUM RATES FOR TAX YEAR 2006 Page, 3
--------------------------------------------------------------------------------
Condominium Units ERUs
--------------------------------------------------------------------------------
Meridian Delray
Miramar Gardens
NarberthjOcean Aire
New Monmouth
Ocean City Lofts
Ocean East
Ocean Place
Ocean Place-2155
Ocean Terrace
One Sixty Center
One Ten Apts
Outrigger
Palm Square
Palm Trail
Palm Villas
Palm Villas at Delray Beach
Park view Manor
Patio Beach
Pelican pointe
Penthouse Delray
Pine Beach South
p~neapple Grove Village
Flnes of Delray
pines of Delray North
Pines of Delray West
Plum
Professional Centre at Delray Beach
Ranger
Sabal Pine
Sabal pine East
Sabal Pine South
Sands Terrace
Savoy
Seabreeze of Delray
Seagate Manor
Seagate Towers
Seastone Apts.
Seaway Villas of Delray Beach
Serena Vista
Seven Seventy 17th Ave.
Sherwood Garaens
Sloan Hammock Land
South Congress Commerce Center
South County Professional
South Ocean
South Shore Club
Southridge
Southridge Village
Southwinds
Spanish River
SpaniSh Trail
Spanish Wells
st Tropez
Stor-all
59
48
I4
I7
68
8
29
30
8
5
4
25
8
22
60
4
I6
IO
56
80
6
l60
685
700
287
7
4
IO
256
222
128
I4
8
5
63
I49
IO
6
30
9
36
5
2
45
IO
I5
37
68
84
II
20
240
64
I2
.44
.38
.70
.70
.3I
.85
I.OO
.77
.70
I.OO
.70
I.OO
.70
.70
I.OO
.95
.55
.70
.8I
.4I
.70
.27
.72
.99
.78
I.OO
I.OO
.70
.85
.93
.87
.50
.70
.69
.5l
.49
.34
.70
I.OO
.70
.55
.98
I.OO
I.OO
I.OO
I. 00
I. 00
.90
.69
I.OO
.59
.72
.43
.70
City of Delray Beach, Florida
STORMWATER MANAGEMENT ASSESSMENT
CONDOMINIUM RATES FOR TAX YEAR 2006
Program:
Prepared:
page:
SWLIB/SWCONDO
7/I4/06, I2,44,IO
4
Condominium
--------------------------------------------------------------------------------
BRUs
Units
--------------------------------------------------------------------------------
Sunset Pines
Tahiti Cove
Talbot House III
Three Fifty Five Building
Tierra Verae at Delray Beach
Town & Country
Tropic Bay 1.-1.7
Tropic Harbor
Tropic View
Twelve-O-Two
Valhalla
Venetian Drive Townhouse
Venetian Village
Verano At Delray
Villas Delray
Vista Lago
Waterview Apts.
Waterway East
Waterway North
Wedgewood
WhiEe Columns
Williamsburg Inn
Windemere House
Winston
Woodbrooke
Total condominium units
Average ERU/unit
187 Records processed
I3,598
.75
End of Listing
66
18
4
7
300
I48
399
222
48
6
8
4
J.4
252
7
I4
8
2J.
I5
6
3
I2
30
8
I3
I.OO
.79
.70
LOO
.84
.57
.6I
.49
J..OO
.58
I.OO
.70
I.OO
.42
.39
.70
.67
I.OO
.92
.70
I.OO
.70
.63
.78
.66
MEMORANDUM
FROM:
MAYOR AND CI1Y COMMISSIONERS
CI1Y MANAGER trr/\
,
\
TO:
SUBJECT:
AGENDAITEM# \(:)~ -REGULAR MEETING OF JULY 25. 2006
ORDINANCE NO. 39-06
DATE:
JULY 21, 2006
Ibis ordinance is before Commission for second reading and public hearing for a City initiated
amendment to the Land Development Regulations (LDR) Article 4.7, "Family/Workforce
Housing", Subsection 4.7.4(d), "Density Bonus Program for the Southwest Neighborhood Overlay
District, Carver Estates Overlay District, and Infill Workforce Housing Area; Bonus Allowances", to
provide the same number of bonus units for "sale" and "rental" units; Section 4.7.7, "For Sale
Housing Units", to allow a right of first refusal to the Community Land Trust (CLl); and 4.7.9(c)(v)
to provide that the proportions of "for sale" to "for rent" units, for projects that are funded by
certain State financing programs, shall not need to be proportional if 20% of the "for sale" units are
workforce units.
The amendment proposes three (3) new changes. The first modification would give the same
density bonus for "for sale" units as "rental units"; currently, a greater bonus is given for ownership
units. However, with the recent rental unit conversion trend to condominium units, additional
incentives are necessary to assure production of affordable rental units. The second change revises
Section 4.7.9 to not require similar proportions of "for sale" and "rental units" within a project;
when it is funded by state financing programs and it contains at least 20% "for sale" workforce
units. The third modification adds a provision that the CL T receives rights of first refusal on
workforce housing units developed on non-CLT owned lands.
On June 19,2006, the Planning and Zoning Board held a public hearing in conjunction with the
amendment. One member of the public spoke in favor of the project. The Board voted 6-0 to
recommend to the City Commission approval of the proposed amendment to enhance the City's
Workforce Housing Program by providing additional incentives to create rental units,
accommodating unique situations related to publicly financed projects, and providing the CL T the
right of first refusal. Staff recommends approval by adopting the findings of fact and law contained
in the staff report; finding that the request is consistent with the Comprehensive Plan; and finding
that the request meets the criteria set forth in LDR Section 2.4.5(M)(5) (Amendment to Land
Development Regulations; Findings).
At the first reading on July 11,2006, the Commission passed Ordinance No. 39-06.
Recommend approval of Ordinance No. 39-06 on second and final reading.
S: \City Clerk\agenda memos Ord 39-06 LDR 4.7 Workforce Housing Bonus Unit 072506
CITY C01lllMISStON DOCUMENTATION
-/:
, i---\
/tv]
I
TO:
THRU:
FROM:
SUBJECT:
DA~~~.A~CI~ MANAGER
PAUL DORL G, Ale ,DIRECTOR OF PLANNING AND ZONING
7Y1~~
MARK MCDONN LL, AICP, ASSISTANT PLANNING DIRECTOR
MEETING OF JULY 11, 2006
CITY INITIATED AMENDMENT TO LAND DEVELOPMENT REGULATIONS (LOR)
ARTICLE 4.7 "FAMILY WORKFORCE HOUSING", SUBSECTION 4.7.4.d TO
PROVIDE THE SAME NUMBER OF BONUS UNITS FOR "SALE" AND "RENTAL"
UNITS, SECTION 4.7.7. "FOR SALE HOUSING UNITS" TO ALLOW A RIGHT OF
FIRST REFUSAL TO THE COMMUNITY LAND TRUST, AND SUBSECTION
4.7.9.c.v. TO PROVIDE THAT PROPORTIONS OF "FOR SALE" TO "FOR RENT"
UNITS FOR PROJECTS THAT ARE FUNDED BY CERTAIN STATE FINANCING
PROGRAMS SHALL NOT NEED TO BE PROPORTIONAL AS LONG AS TWENTY
PERCENT OF THE "FOR SALE" UNITS ARE FOR WORKFORCE HOUSING.
The amendment proposes three new changes; the first would give the same density bonus for "for
sale" units as "rental units". Currently a greater bonus is given for ownership units. However, with the
recent rental unit conversion trend to condominium units additional incentives are necessary to
assure production of affordable rental units. The second change revises Section 4.7.9 to not require
similar proportions of "for sale" and "rental units" within a project when it is funded by state financing
programs and it contains at least 20% "for sale" workforce units. The third modification adds a
provision that the Community Land Trust (CL T) receives rights of first refusal on workforce housing
units developed on non-CL T owned lands.
L
PLANNING AND ZONING BOARD CONSIDERATION
At its meeting of June 19, 2006, the Planning and Zoning Board held a public hearing in conjunction
with the text amendment. The Board then voted unanimously 6-0 (Chuck Halberg absent) to
recommend approval of the text amendment request to enhance the City's Workforce Housing
Program by providing additional incentives to create rental units, accommodating unique situations
related to publicly financed projects and providing the Community Land Trust the right of first refusal,
by adopting the findings of fact and law contained in the Staff Report and finding that the request is
consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M)(5).
RECOMMENDED ACTION
By motion, move to approve the amendment to Land Development Regulations Articie 4.7 "Family
Workforce Housing", more particularly Section 4.7.7, Subsection 4.7.4 d, and Subsection 4.7.9.c.v.
of the Land Development Regulations, by adopting the findings of fact and law contained in the staff
report and finding that the request is consistent with the Comprehensive Plan and meets criteria set
forth in Section 2.4.5(M) of the Land Development Regulations.
Attachment
. Planning & Zoning Staff Report of June 19, 2006
\~6
ORDINANCE NO. 39-06
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES, OF THE CITY OF DELRAY BEACH,
AMENDING ARTICLE 4.7, "FAMILYIWORKFORCE
HOUSING" AND ORDINANCE 18-06, BY AMENDING
SECTION 4.7.4, "DENSITY BONUS PROGRAM FOR THE
SOUTHWEST NEIGHBORHOOD OVERLAY DISTRICT;
THE CARVER ESTATES OVERLAY DISTRICT AND THE
INFILL WORKFORCE HOUSING AREA; AND
SUBSECTION 4.7.4.d. TO PROVIDE THE SAME NUMBER
OF BONUS UNITS FOR "FOR SALE" AND RENTAL UNITS;
BY AMENDING SECTION 4.7.7, "FOR SALE HOUSING
UNITS" TO ALLOW A RIGHT OF FIRST REFUSAL TO THE
COMMUNITY LAND TRUST; BY AMENDING SECTION
4.7.9, "GENERAL PROVISIONS", SUBSECTION 4.7.9.c.v.,
TO PROVIDE THAT PROPORTIONS OF "FOR SALE" TO
"FOR RENT" UNITS FOR PROJECTS INCLUDING "FOR
SALE" AND "FOR RENT" UNITS THAT ARE FUNDED BY
CERTAIN STATE FINANCING PROGRAMS SHALL NOT
NEED TO BE PROPORTIONAL SO LONG AS TWENTY
PERCENT OF THE "FOR SALE" UNITS ARE FOR
WORKFORCE HOUSING; BY AMENDING SECTION
4.7.11, "DENSITY BONUS TABLES TO ELIMINATE THE
BONUS DIFFERENTIAL BETWEEN "FOR SALE" AND
"FOR RENT" UNITS; PROVIDING A SAVINGS CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, the City Commission desires to amend its FamilylWorkforce
Housing Ordinance to provide density bonus parity between "for sale" and "for rent"
workforce housing units as both are needed within the City; and
WHEREAS, the City Commission desires units funded by the Florida Housing
Financial Corporation's Housing Credit or SAIL Programs to be allowed to deviate from
certain proportionality requirements while developing rental and "for sale" units, as long
as twenty percent of for sale units include workforce housing.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS:
Section 1. That Article 4.7, "Family/Workforce Housing" of the Land
Development Regulations and Ordinance 18-06 is hereby amended by amending
Section 4.7 A, "Density Bonus Program for the Southwest Neighborhood Overlay
District; the Carver Estates Overlay District and the Infill Workforce Housing Area"
amending subsection 4.7A.d to read as follows:
SECTION 4.7.4 DENSITY BONUS PROGRAM FOR THE SOUTHWEST
NEIGHBORHOOD OVERLAY DISTRICT; THE CARVER
ESTATES OVERLAY DISTRICT AND THE INFILL
WORKFORCE HOUSING AREA
Developers of property in the Southwest Neighborhood Overlay District, the
Carver Estates Overlay District and the Infill Workforce Housing Area, that meet
the minimum standards will earn bonus units for building workforce housing for
very low, low and moderate income families.
a. The size of the bonus varies based on several factors including:
i. Affordability (i.e., homes affordable to very low, low, or
moderate income families)
ii. Home Size (i.e., workforce housing units with four or more
bedrooms are awarded larger bonuses)
iii. Ownership versus Rental (i.e., larger bonuses are awarded
for workforce housing units offered for sale to low and
very-low income families and larger bonuses are awarded
for ownership versus rental units.)
b. To be eligible for bonus units, developers must meet one or more of
the following criteria:
i. A designated number of the total units are restricted to very
low income households, and/or
ii. A designated number of the total units are restricted to low
income households, and/or
iii. A designated number of the units are restricted to moderate
income households
c. Workforce housing units may be located off-site provided the off-
site location chosen is within the City of Delray Beach.
2
ORD. NO.39-06
d. The bonus allowances are set forth in Table 1 below.
TABLE 1 DENSITY BONUS ALLOCATIONS IN THE
SOUTHWEST NEIGHBORHOOD OVERLAY DISTRICT, THE INFILL
WORKFORCE HOUSING AREA AND THE CARVER ESTATES
OVERLAY DISTRICT
OPTION SALE I RENT NUMBER OF BONUS UNITS PER
WORKFORCE UNIT PROVIDED
VERY LOW 60% 4
LOW 80% - 61 % 3
MODERATE 120% - 81 % 2
OPTION R~NT NUMBER OF BONUS U~J1TS PER
WORKFORCE UNIT PROVIDED
VERY LOW 130% d
LOW gO% 61 % 2
MODER^TE 120~<' g1 % 1
LARGE HOME OPTION
4+ bedroom workforce housing
units Additional 0.5 bonus will be added to the
bonus provided above in this chart
Section 2. That the Land Development Regulations,
"Family/Workforce Housing" and Ordinance 18-06 is hereby amended
Section 4.7.9.c.v. to read as follows:
Article 4.7,
by amending
c. The developer shall endeavor to provide workforce housing units
that include unit types in the same proportion as the market rate
housing unit types. The following conditions must be met:
i. The proportion of 2 bedroom workforce units to total
workforce units may not exceed the proportion of 2 bedroom
market rate units to total market rate units.
ii. The proportion of 3 bedroom workforce units to total
workforce units must meet or exceed the proportion of 3
3
ORD. NO.39-06
bedroom market rate units to total market rate units, unless
4+ bedroom workforce units are provided.
iii. The proportion of 4+ bedroom workforce units to total
workforce units must meet or exceed the proportion of 4+
bedroom market rate units to total market rate units.
iv. If the development contains a mix of different types of units,
(e.g. condominium, townhouse, detached, etc), the
proportion of workforce units of each type to total workforce
units must be approximately the same as the proportion of
market rate units of each type to total market rate units.
v. If the development includes both for sale and for rent units,
the proportion of for rent workforce units to for sale
workforce units must not exceed the proportion of for rent
market rate units; provided however if the workforce housinq
units are funded under Florida Housinq Finance
Corporation's Housinq Credit or SAIL Proqrams, the
proportionality requirement herein stated shall not apply if
the development provides at least twenty percent (20%) of
the "for sale" units as workforce housinq units.
vi. Notwithstanding Section 4.7.9 c. i., ii, iii, and iv. above, in the
Southwest 10th Street Overlay District at least 75% of the
workforce housing units shall be 3 bedroom units offered for
initial sale in an amount not to exceed $225,000.00 and 25%
of the workforce housing units may be 2 bedroom units
offered at the low income affordability rate.
Section 3. That Article 4.7, "Family Workforce Housing" of the Land
Development Regulations and Ordinance 18-06 is hereby amended by amending
Section 4.7.7.a to read as follows:
SECTION 4.7.7 FOR SALE HOUSING UNITS
a. All deeds shall include the restrictive covenants applicable to
workforce housing units. All sales contracts shall state that the unit
is part of a workforce housing program and subject to Section 4.7 of
the Land Development Regulations of the City. All deeds to buyers
of workforce housinq units shall contain restrictive covenants
providinq that the Community Land Trust shall have the riqht of first
refusal to purchase the workforce housinq unit on the same terms
and conditions as a prospective buyer. The restrictive covenant
4
ORD. NO.39-06
shall oive the Community Land Trust fifteen (15) business days to
enter into a contract to purchase the propertv on the same terms
and conditions as the prospective buyer.
Section 4. That Article 4.7, "Family/Workforce Housing of the Land
Development Regulations and Ordinance 18-06 is hereby amended by repealing
Section 4.7.11, "Density Bonus Tables" and enacting a new Section 4.7.11, "Density
Bonus Tables" to read as follows:
4.7.11 DENSITY BONUS TABLES
a. The Density Bonus Tables shown below are provided to illustrate
bonus densities under various parcel sizes, unit types and income
eligibility; however, the density bonus allocations contained in Table
1 shall control densities in the Southwest Neighborhood Overlay
District, the Infill Workforce Housing Area, and the Carver Estates
Overlay District.
5
ORD. NO.39-06
Workforce Housing Program Density Bonus Allocations
Southwest Neighborhood & Carver Estates Overlay Districts
2-3 Bedroom Units
Very-Low Income
14 units per 1 affordable bonus)
Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total %
(acres) Base Densitv with Bonus Rate Units Units Units Units Affordable
0.5 6 12 5 1 4 10 10.0%
1 12 24 9 3 12 24 12.5%
1.5 18 36 14 4 16 34 11.8%
2 24 48 18 6 24 48 12.5%
2.5 30 60 23 7 28 58 12.1%
3 36 72 27 9 36 72 12.5%
3.5 42 84 32 10 40 82 12.2%
4 48 96 36 12 48 96 12.5%
Low Income
13 units oer 1 affordable bonus)
Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total %
(acres) Base Densitv with Bonus Rate Units Units Units Units Affordable
0.5 6 12 4 2 6 12 16.7%
1 12 24 8 4 12 24 16.7%
1.5 18 36 12 6 18 36 16.7%
2 24 48 16 8 24 48 16.7%
2.5 30 60 20 10 30 60 16.7%
3 36 72 24 12 36 72 16.7%
3.5 42 84 28 14 42 84 16.7%
4 48 96 32 16 48 96 16.7%
Moderate Income
(2 units per 1 affordable bonus)
Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total %
(acres) Base Densitv with Bonus Rate Units Units Units Units Affordable
0.5 6 12 3 3 6 12 25.0%
1 12 24 6 6 12 24 25.0%
1.5 18 36 9 9 18 36 25.0%
2 24 48 12 12 24 48 25.0%
2.5 30 60 15 15 30 60 25.0%
3 36 72 18 18 36 72 25.0%
3.5 42 84 21 21 42 84 25.0%
4 48 96 24 24 48 96 25.0%
6
ORD. NO.39-06
Workforce Housing Program Density Bonus Allocations
Southwest Neighborhood & Carver Estates Overlay Districts
4+ Bedroom Units
Very-Low Income
(4.5 units per 1 affordable bonus)
Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total %
(acres) Base Densitv with Bonus Rate Units Units Units Units Affordable
0.5 6 12 5 1 4 10 10.0%
1 12 24 10 2 9 21 9.5%
1.5 18 36 14 4 18 36 11.1%
2 24 48 19 5 22 46 10.9%
2.5 30 60 24 6 27 57 10.5%
3 36 72 28 8 36 72 11.1%
3.5 42 84 33 9 40 82 11.0%
4 48 96 38 10 45 93 10.8%
Low Income
(3.5 units per 1 affordable bonus)
Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total %
(acres) Base Densitv with Bonus Rate Units Units Units Units Affordable
0.5 6 12 5 1 3 9 11.1%
1 12 24 9 3 10 22 13.6%
1.5 18 36 13 5 17 35 14.3%
2 24 48 17 7 24 48 14.6%
2.5 30 60 22 8 28 58 13.8%
3 36 72 26 10 35 71 14.1%
3.5 42 84 30 12 42 84 14.3%
4 48 96 35 13 45 93 14.0%
Moderate Income
12.5 units per 1 affordable bonus)
Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total %
(acres) Base Densitv with Bonus Rate Units Units Units Units Affordable
0.5 6 12 4 2 5 11 18.2%
1 12 24 7 5 12 24 20.8%
1.5 18 36 11 7 17 35 20.0%
2 24 48 15 9 22 46 19.6%
2.5 30 60 18 12 30 60 20.0%
3 36 72 22 14 35 71 19.7%
3.5 42 84 25 17 42 84 20.2%
4 48 96 29 19 47 95 20.0%
7
ORD. NO.39-06
Workforce Housing Program Density Bonus Allocations
Intill Workforce Housing Area
2-3 Bedroom Units
Very-Low Income
(4 units oer 1 affordable bonus)
Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total %
(acres) Base Densitv with Bonus Rate Units Units Units Units Affordable
0.5 6 9 4 1 4 9 11.1%
1 12 18 11 1 4 16 6.3%
1.5 18 27 16 2 8 26 7.7%
2 24 36 21 3 12 36 8.3%
2.5 30 45 27 3 12 42 7.1%
3 36 54 32 4 16 52 7.7%
3.5 42 63 37 5 20 62 8.1%
4 48 72 42 6 24 72 8.3%
Low Income
(3 units ner 1 affordable bonus)
Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total %
(acres) Base Densitv with Bonus Rate Units Units Units Units Affordable
0.5 6 9 5 1 3 9 11.1%
1 12 18 10 2 6 18 11.1%
1.5 18 27 15 3 9 27 11.1%
2 24 36 20 4 12 36 11.1%
2.5 30 45 25 5 15 45 11.1%
3 36 54 30 6 18 54 11.1%
3.5 42 63 35 7 21 63 11.1%
4 48 72 40 8 24 72 11.1%
Moderate Income
(2 units ner 1 affordable bonus)
Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total %
(acres) Base Densitv with Bonus Rate Units Units Units Units Affordable
0.5 6 9 5 1 2 8 12.5%
1 12 18 9 3 6 18 16.7%
1.5 18 27 14 4 8 26 15.4%
2 24 36 18 6 12 36 16.7%
2.5 30 45 23 7 14 44 15.9%
3 36 54 27 9 18 54 16.7%
3.5 42 63 32 10 20 62 16.1%
4 48 72 36 12 24 72 16.7%
8
ORD. NO.39-06
Workforce Housing Program Density Bonus Allocations
Intill Workforce Housing Area
4+ Bedroom Units
Very-Low Income
(4.5 units oer 1 affordable bonus)
Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total %
(acres) Base Densit" with Bonus Rate Units Units Units Units Affordable
0.5 6 9 4 1 4 9 11.1%
1 12 18 11 1 4 16 6.3%
1.5 18 27 16 2 9 27 7.4%
2 24 36 22 2 9 33 6.1%
2.5 30 45 27 3 13 43 7.0%
3 36 54 32 4 18 54 7.4%
3.5 42 63 38 4 18 60 6.7%
4 48 72 43 5 22 70 7.1%
Low Income
(3.5 units oer 1 affordable bonus)
Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total %
(acres) Base Densitv with Bonus Rate Units Units Units Units Affordable
0.5 6 9 5 1 3 9 11.1%
1 12 18 11 1 3 15 6.7%
1.5 18 27 16 2 7 25 8.0%
2 24 36 21 3 10 34 8.8%
2.5 30 45 26 4 14 44 9.1%
3 36 54 31 5 17 53 9.4%
3.5 42 63 36 6 21 63 9.5%
4 48 72 41 7 24 72 9.7%
Moderate Income
(2.5 units ner 1 affordable bonus)
Parcel Size Maximum Units at Maximum Units Market Affordable Bonus Total %
(acres) Base Densitv with Bonus Rate Units Units Units Units Affordable
0.5 6 9 5 1 2 8 12.5%
1 12 18 10 2 5 17 11.8%
1.5 18 27 15 3 7 25 12.0%
2 24 36 19 5 12 36 13.9%
2.5 30 45 24 6 15 45 13.3%
3 36 54 29 7 17 53 13.2%
3.5 42 63 34 8 20 62 12.9%
4 48 72 39 9 22 70 12.9%
9
ORD. NO.39-06
Section 5. 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 6. That all ordinances or parts of ordinances in conflict herewith be,
and the same are hereby repealed.
Section 7. That this ordinance shall become effective upon its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading
on this the day of , 2006.
ATTEST:
MAYOR
City Clerk
First Reading
Second Reading
10
ORD. NO.39-06
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING DATE:
AGENDA NO.:
AGENDA ITEM:
JUNE 19, 2006
IV.C.
CONSIDERATION OF CITY-INITIATED AMENDMENTS TO THE LAND
DEVELOPMENT REGULATIONS (LDRs) ARTICLE 4,7 "FAMILY
WORKFORCE HOUSING", SUBSECTION 4,7.4.d TO PROVIDE THE
SAME NUMBER OF BONUS UNITS FOR "SALE" AND "RENTAL" UNITS,
SECTION 4.7.7. "FOR SALE HOUSING UNITS" TO ALLOW A RIGHT OF
FIRST REFUSAL TO THE COMMUNITY LAND TRUST, AND
SUBSECTION 4.7.9.c.v. TO PROVIDE THAT PROPORTIONS OF "FOR
SALE" TO "FOR RENT" UNITS FOR PROJECTS THAT ARE FUNDED BY
CERTAIN STATE FINANCING PROGRAMS SHALL NOT NEED TO BE
PROPORTIONAL AS LONG AS TWENTY PERCENT OF THE "FOR
SALE" UNITS ARE FOR WORKFORCE HOUSING.
I
ITEM BEFORE THE BOARD
The item before the Board is that of making a recommendation to the City Commission regarding
City-initiated amendments to the Land Development Regulations to accommodate revisions to the
City's Workforce Housing Program.
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.
I
BACKGROUND
The Family/Workforce Housing Ordinance, adopted by the City Commission on December 6, 2004,
includes incentives to provide workforce housing by allowing density bonuses within the Southwest
Neighborhood Overlay District. The program was expanded with amendments passed in March, 2006
to provide additional opportunities and incentives for the provision of workforce housing. Major
revisions included establishment of an additional workforce housing overlay district known as the Infill
Workforce Housing Area and included increasing the maximum density from 12 units per acre to 24
units per acre within the Carver Estates Overlay District. The amendments included adding
references to the newly created Delray Beach Community Land Trust, increasing the affordability time
frames from 30 to 40 years, allowing lots of record between 40 feet and 50 feet to be developed for
workforce housing and requiring provision of workforce housing with increased density or height.
ANAL V$IS
The amendment proposes three new changes; the first would give the same density bonus for "for
sale" units as "rental units". Currently a greater bonus is given for ownership units. However, with the
recent rental unit conversion trend to condominium unit's additional incentives are necessary to
assure production of affordable rental units. The second change revises Section 4.7.9 to not require
similar proportions of "for sale" and "rental units" within a project when it is funded by state financing
programs and it contains at least 20% "for sale" workforce units. The third modification adds a
IV.C.
Planning and Zoning Board Memorandum Staff Report, June 19, 2006
Amendment to LDRs Pertaining to Workforce Housing Program
Page 2
provision that the Community Land Trust (CL T) receives rights of first refusal on workforce housing
units developed on non-CL T owned lands,
REQUIRED FINDINGS
LOR Section 2.4.5(M)(5) (Findinlls): 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 Objectives and Policies were noted:
Future Land Use Element Obiective A-7
To encourage the provision of workforce housing in the City, the following policies shall be
implemented.
Policv 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.
Policv A-7.2: Workforce Housing Overlay Districts shall be identified on the Future Land Use Map.
The maximum density within these districts shall be as follows:
. The Southwest Neighborhood and Carver Estates Overlay Districts shall have a maximum
density of 24 units per acre.
. The SW 1 dh Street Overlay District shall have a maximum density of 12 units per acre.
. All other Overlay Districts shall have a maximum density of 18 units per acre.
Policv A-7.3: Residential Density may not be increased on any property located within the Coastal
High Hazard Area through density bonuses in the Workforce Housing Program.
Policv A-7.4: All Workforce Housing Units, constructed under the FamilylWorkforce Housing
Program, shall remain affordable for a period of no less than thirty (30) years commencing from
the date of initial occupancy of the unit.
This Future Land Use Element Objective and supporting Policies were added as a text amendment
included with Comprehensive Plan Amendment 2005-2. The purpose of the text amendment was to
support expansion of the existing Workforce Housing Program. The proposed revisions to the Land
Development Regulations are to implement this objective and policies.
Future Land Use Element Obiective A-S
The City shall maintain its Land Development Regulations, which shall be regularly reviewed and
updated, to provide streamlining of processes and to accommodate planned unit developments
(PUD), mixed-use developments, and other innovative development practices.
Planning and Zoning Board Memorandum Staff Report, June 19, 2006
Amendment to LDRs Pertaining to Workforce Housing Program
Page 3
The proposed amendments to the Land Development Regulations are to support the City's innovative
Workforce Housing Program, by encouraging developers to provide affordable housing through a
series of incentives, including increased density and building height.
Housinll Element Obiective B-1
The City's existing housing supply accommodates households having a wide range of economic
ability. There is very little vacant land left, especially large tracts, for new housing development.
Through its housing programs, the City shall work to ensure that there continues to be an adequate
supply of housing to accommodate very low, low, and moderate income households, as well as
manufactured and mobile homes.
Housinll 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.
The proposed amendments will further these objectives and policies. The goal of this program is to
encourage the provision of housing which is affordable to very low to moderate income households
through the use of incentives.
Based on the above, a positive finding can be made that the amendments are consistent with and
further the Goals, Objectives, and Policies of the Comprehensive.
REView BY OTHERS
Courtesy Notices:
Courtesy notices were provided to the following homeowner and civic associations:
. Progressive Residents of Delray (PROD)
. President's Council
. Neighborhood Advisory Council
Letters of objection and support, if any, will be provided at the Planning and Zoning
Board meeting.
AsseSSMENT AND CONCLUSION
The purpose of this City-initiated LDR text amendment is to enhance the City's Workforce Housing
Program by providing additional incentives to create rental units, accommodating unique situation
related to publicly financed projects and providing the Community Land Trust the right of first refusal.
The proposed amendment is consistent with and furthers the Goals, Objectives and Policies of the
Comprehensive Plan.
Planning and Zoning Board Memorandum Staff Report, June 19, 2006
Amendment to LDRs Pertaining to Workforce Housing Program
Page 4
. RECdMMENDEOACTION
Move to recommend to the City Commission approval of the City-initiated amendments to Article 4.7
"Family Workforce Housing", more particularly Section 4.7.7, Subsection 4.7.4 d, and Subsection
4.7.9.c.v. of the Land Development Regulations, by adopting the findings of fact and law contained in
the staff report and finding that the request is consistent with the Comprehensive Plan and meets
criteria set forth in Section 2.4.5(M) of the Land Development Regulations.
Attachments:
. Proposed Ordinance
MEMO
TO:
David T. Harden, City Manager
Lula Butler, Community Improvement Director rb
Elizabeth B. Alpert, Community Development Administrator~
July 18, 2006
THRU:
FROM:
DATE:
SUBJECT:
Year 2 Annual Action Plan (FY 2006 - 2007)
ITEM BEFORE THE COMMISSION
This item is before the City Commission for Public Hearing and approval of the 2006-2007 Annual Action
Plan required by the United States Housing & Urban Development Agency (HUD) for utilization of federal
grant funds.
BACKGROUND
Pursuant to the Housing Act of 1974 and Federal Regulation 24 CFR Part 91, HUD requires all local
municipalities prepare and submit an Annual Action Plan for every fiscal year as a condition of receiving
federal assistance. Citizen participation is integral to the development of the Annual Action Plan. Grantees
are required to provide at least two public hearings per year to obtain the public's views and to respond to
proposals and questions. Such hearings were recently held at the West Atlantic Task Team (WATT) regular
meeting on June 5, 2006 and at the Neighborhood Advisory Council (NAG) regular meeting on June 19,
2006. No formal comments have been received from the public up to present time.
The attached Annual Action Plan provides a description of the City's proposed utilization of CDBG funding
for activities and programs consistent with the needs delineated in the Five Year Consolidated Plan. The
CDBG entitlement for FY 2006-2007 will be $597,467 and has been categorized by objective as seen in the
attached advertisement (Notice of Availability, published in the Boca Raton/Delray Beach News, June 6,
2006).
RECOMMENDATION
Staff is recommending approval of the Annual Action Plan required by HUD to address the needs identified
by the Target Area residents.
ti(
9ft( /1
C/j'V i
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CITY OF DELRAY BEACH
COMMUNITY DEVElOPMENT BLOCK GRANT (CDBG) AND
STATE HOUSING INITIATIVE PARTNERSHIP (SHIP)
NOTICE OF AVAILABILITY
fY 2006-2007 COSG ANNUAL ACTION PLAN
Is available for review at:
Dekay Beach Public Library, 100 West Atlantic Avenue, Delray Beach
. Delray Beach Housing Authority, no sw 12th Terrace, Delray Beach
. Community Development Division, City Hall. 100 NW 1st Avenue, Defray Beach
The US Department of Housing and Urban Development (HUD) requires that an Annual Action Plan for the City of Dekay Beach be pro.
posed, then adopted by the City Commission and approved by HUD. before the City can receive Community Development Block Grant
(CDBG) funds for the second year of the City's 2005-2010 Five Year Consolidated Plan. The primary objective of the COBG program is the
development of viable urban communities characterized by the prOVision of decent housing, a suitable living environment, and expanding
economic opportunities for individuals! households having low- to moderate-Incomes. Each COSG activity must specifically address one of
the following three objectives:
National Objectives:
1. To benefit low- to moderate-income persons
2. To aid in the prevention or elimination of sium or blight
3. To meet community development needs having a partiCUlar urgency
The City COBG entitlement for FY 2006-2007 will be $597,467 and has been categorized by the following objectives:
HOUSING
Owner-Occupied Housing Rehabilitation
Demolition and Clearance
$295,en
$286,8n
$ 9,000
PUBLIC SERVICE
Funds in support of eli~ibie pUblic service activitle_s
Funds in support of Fair Housing Act workshop and education
$ 89,620
PROGRAM ADMINISTRATION
General Program and Fiscal
ECONOMIC DEVELOPMENT $ 95,000
Funds in support of various eligible technical assistance & economic development activities $ 50,000
NeighborhOOd Enhancement Grant Program $ 25,000
NeighborhOOd Clean-Up Program $ 20,000
TOTAL CDBG FY2006-2007 EXPENDITURES $ 597,467
The proposed Annual Action Plan is available at the locations above as of the date of publication of this notice, June 6, 2006. All written
comments received in the Community Development Division by Juiy 18, 2006, will be responded to prior to submittal to HUD. Please sub-
mit all comments or questions to Elizabeth Alpert, Community Development Administrator, City Hall, 100 NW 1 st Avenue, Delray Beach or
call 561-243-7280.
$116,970
FY 2006-2007 STATE HOUSING INITIATIVE PARTNERSHIP (SHIP} PROGRAM
The City of Delray Beach has received $599,907 as an allocatlon of State Housing Initiatives Partnership (SHIP) Program funds from the
State of Florida to assist qualified first-time homebuyers of very low-, low- and moderate-income households to purchase homes within the
City of Dekay Beach Community Land Trust In the fonn of down payment and closing cost assistance. SHIP funds are also available under
the Owner-occupied Rehabilitation Program and are used to perfonn"extensive rehabfUtation to address structural and code deficiencies as
well as health and safety concerns.
HOUSING
Rrst TIme Homebuyer
Owner-Occupied Rehabilitation
Disaster Relief
PROGRAM ADMINISTRATION
General Program and Fiscal
$ 540,007
$ 294,437
$ 150,000
$ 95,570
$ 59,900
$ 59,900
TOTAL SHIP EXPENDITURES $ 599,907
Information pertaining to SHIP funds may be obtained from the Community Development Division located at City Hall, 1 DO NW 1 st Avenue,
Delray Beach or by calling 561-243-7280.
Publish: Tuesday, June 6, 2006.
Soca Raton/Delray Beach News
Ad # NS0606901
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SA,N OE~~'"O
The CPMP Second Annual Action Plan includes the SF 424 and Narrative Responses to
Action Plan questions that CDBG, HOME, HOPWA, and ESG grantees must respond to
each year in order to be compliant with the Consolidated Planning Regulations. The
Executive Summary narratives are optional.
Second Program Year
Action Plan
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Complete the fillable fields (blue cells) in the table below. The other Items are pre-
filled with values from the Grantee Information Worksheet.
Date Submitted Aoolicant Identifier TVDe of Submission
Date Received bv state State Identifier ADDlication Pre-application
Date Received bv HUD Federal Identifier D Construction D Construction
D Non Construction D Non Construction
Aoolicant Information
urisdiction FL120732 DELRAY BEACH
Citv of Delrav Beach 07-7283737
100 NW 1st Avenue Municioalitv
Delrav Beach IFlorida Communitv Imorovement
33444 k:ountrv U.S.A. Communitv Develonment
EmDlover Identification Number CEIN'; Palm Beach Countv
59-60000308 Proaram Year Start Date 110/01)
Applicant Type: Specify Other Type if necessary:
Local Government: City Snecifv Other Tvpe
Proaram Funding u.s. Department 0'
Housina and Urban Develoament
Catalogue of Federal Domestic Assistance Numbers; Descriptive Title of Applicant Project(s);
~reas Affected by Project(s) (cities, Counties, localities etc.); Estimated Funding
Community Development Block Grant 14.218 Entitlement Grant
CDBG Project Titles Description of Areas Affected by CDBG
Proiectl s)
$CDBG Grant Amount I~Additional HUD Grant(s) [Describe
Leveraaed
$Additlonal Federal Funds Leveraged $Additional State Funds Leveraged
$Locally Leveraged Funds $Grantee Funds Leveraged
$Anticipated Program Income Other (Describe)
otal Funds Leveraged for CDBG-based Project(s)
Home Investment Partnerships Program 14.239 HOME
HOME Project Titles Description of Areas Affected by HOME
Pro;eci:(~)
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$HOME Grant Amount I~Additional HUD Grant(s) IDescribe
Leveraaed
$Additional Federal Funds Leveraged $Additional State Funds Leveraged
$Locally Leveraged Funds $Grantee Funds Leveraged
$Anticipated Program Income Other (Describe)
Irotal Funds Leveraged for HOME-based Project(s)
I~~using Opportunities for People with 14.241 HOPWA
IDS
HOPWA Project Titles Description of Areas Affected by HOPWA
Proiectrs)
$HOPWA Grant Amount I~Additional HUD Grant(s) IDescribe
Leveraaed
$Additional Federal Funds Leveraged $Additional State Funds Leveraged
$Locally Leveraged Funds $Grantee Funds Leveraged
$Anticipated Program Income Other (Describe)
~otal Funds Leveraged for HOPWA-based Project(s)
Emergency Shelter Grants Program 14.231 ESG
ESG Project Titles Description of Areas Affected by ESG
Proiect(s)
$ESG Grant Amount I$Additional HUD Grant(s) Leveraged [Describe
$Additional Federal Funds Leveraged $Additional State Funds Leveraged
$Locally Leveraged Funds $Grantee Funds Leveraged
$Anticipated Program Income Other (Describe)
"Otal Funds Leveraged for ESG-based Project(s)
Connressional Districts of: Is application subject to review by state
Armlicant Districts I Proiect Districts Executive Order 12372 Process?
Is the applicant delinquent on any federal DYes This application was made available to
debt? If "Yes" please include an additional the state EO 12372 process for review
document explaining the situation. on DATE
D No Pronram is not covered bv EO 12372
DYes 1DNo D N/A Program has not been selected by the
state for review
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Person to be contacted regarding this application
Elizabeth B Il.lpert
C. D. Administrator (561) 243-7280 (561) 243-7221
alpert@ci.delray-beach.fl.us Grantee Website other Contact
Signature of Authorized Representative Date Signed
Narrative Responses
. ':j~~~~i:."'t>...
Executive Summary
The Executive Summary is optional, but encouraged. If you choose to complete it,
please provide a brief overview that includes major initiatives and highlights that are
proposed during the next year.
Program Year 2 Action Plan Executive Summary:
During the 2006-2007 Community Development program year, the City of Delray
Beach will continue to implement its 2005-2010 Five-Year Consolidated Plan. CDBG
program funds wiil be enhanced through the leveraging of state and iocal resources,
as well as private mortgage funds. The City expects to receive $597,467 in CDBG
funds for the 2006-2007 program year, $599,907 in State Housing Initiatives
Partnership (SHIP) funds, and $149,000 in funding assistance via revenue received
from the repayment of an Urban Development Action Grant (UDAG) investment in
support of our local Neighborhood Housing Program. The City will also be receiving
$1,000,000 from the State (SHIP) under its Hurricane Housing Recovery Program for
affordable housing rebuilding efforts.
The City of Delray Beach's total CDBG entitiement for FY2006-2007 will be $597,467.
The funds have been categorized into the following major initiatives: Housing
(including owner-occupied rehabilitation and demolition), Public Service (including
funds in support of various social service activities as well as Fair Housing Act
education), Economic Development (including funds in support of various technical
assistance and economic development activities, Neighborhood Enhancement Grant
Program and Neighborhood Clean-Up Program) and Program Administration.
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General Questions
1. Describe the geographic areas of the jurisdiction (including areas of low income
families and/or racial/minority concentration) in which assistance will be directed
during the next year.
2. Describe the basis for allocating investments geographically within the
jurisdiction (or within the EMSA for HOPWA) (91.215(a)(1)) during the next year
and the rationale for assigning the priorities.
3. Describe actions that will take place during the next year to address obstacles to
meeting underserved needs.
Program Year 2 Action Plan General Questions response:
Activities and programs funded in the 2006-2007 Annual Action Plan focus on the
area identified as the City of Delray Beach's CDBG target area which encompasses
the residential core of the City. The boundaries of the CDBG target area extend from
Lake Ida Road (north) to Linton Boulevard (south), and from Interstate 95 (west) to
U. S. 1 (east). This area includes the downtown business district and twenty-eight
residential neighborhoods. The majority of the City's minority and low-income
population is concentrated within the 728 acres that make up the residential core.
The area contains approximately 2,224 dwelling units, including single family,
duplex, and multi-family units. Two affordable housing projects, Allamanda
Gardens, consisting of 36 single family units and Swinton Gardens, an 11 unit single
family development, are both located within the target area.
The activities that will be implemented with fiscal year 2006-07 funds have been
developed to address the priority needs, strategies and objectives identified in the
2005-2010 Consolidated Plan. The general priorities as stated in the five-year plan
are to:
1. To improve existing neighborhoods by constructing infill housing, renovate
existing housing, and make infrastructure improvements;
2. To eliminate conditions detrimental to the health, safety, and welfare of citizens
within the City; and
3. To encourage private investment and economic growth in eligible neighborhoods.
In 2006, the City of Delray Beach will continue to provide funding for an array of
community development projects and programs designed to meet the various and
diverse needs of its citizens. On an on-going basis the City is involved with
numerous initiatives and has successfully formed various essential collaborative
agreements with area agencies and service provider organizations focused on
meeting the needs of our citizenry. The City will continue using its unique network
of Homeowners/Neighborhood Associations to foster communication throughout the
City at the neighborhood and resident level. Through this system, each obstacle is
addressed as it presents itself to the City and the Community Improvement
Department.
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Managing the Process
1. Identify the lead agency, entity, and agencies responsible for administering
programs covered by the consolidated pian.
2. Identify the significant aspects of the process by which the plan was developed,
and the agencies, groups, organizations, and others who participated in the
process.
3. Describe actions that will take place during the next year to enhance coordination
between public and private housing, health, and social service agencies.
Program Year 2 Action Plan Managing the Process response:
The City of Delray is an Entitlement City that receives funding from HUD through the
Community Development Block Grant Program. The City's Community Improvement
Department/Community Development Division is responsible for overseeing the
development of the Consolidated Plan and for impiementing the Community
Development Block Grant Program. The City provides technical assistance to
individuals, businesses, and agencies participating in the CDBG program and works
with them in the development and coordination of new programs and services to
meet the housing and service needs of the community. Included in this technicai
assistance is an ongoing effort to avoid dupiication of services and maximize local
resources.
Community Development Division staff developed the Year 2 Annual Action Plan
through analysis of demographic data, consultation with community groups and
concerned citizens, meetings with individual contacts, consultation with public and
private agencies, and discussions with other governmental agencies.
Representatives of the following agencies either attended meetings, or were
contacted individually for input: The Delray Beach Housing Authority, The Delray
Beach Community Redevelopment Agency, The Delray Beach Community
Development Corporation, Aid to Victims of Domestic Abuse, The Center for
Technology, Enterprise and Development, Boys and Girls Club of Palm Beach County,
Community Child Care Center, Community Financing Consortium, Community Food
Pantry Program, Delray Beach Merchant's Association, Habitat for Humanity of
Delray Beach, Homeless Coalition of Paim Beach County, Fair Housing Center of the
Greater Palm Beaches, Urban League of Palm Beach County, Palm Beach County
Health Department, West Atlantic Task Team, Neighborhood Advisory Council, City of
Delray Beach Planning and Zoning Department, and the Palm Beach County
Department of Housing and Community Development.
In addition, information was extracted from the following sources: U. S. Department
of HUD, 2000 U. S. Census, Palm Beach County Planning Division, Regional MLS,
Inc., City of Delray Beach Local Housing Assistance Plan and the Census and Survey
of the Homeless Population in Palm Beach County, Florida.
The City has formai partnership agreements in piace with many of the community
partners listed above. Joint planning activities occur on an ongoing basis to develop
collaborative projects and initiatives consistent with strategic community objectives.
The City provides direct funding for many of the programs and services provided by
the partner agencies and is directly involved in the monitoring and oversight of those
programs and activities.
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The City has worked very closely with the Delray Beach Housing Authority and the
Community Redevelopment Agency to plan and implement affordable housing
projects and initiatives. The City meets regularly with the board of directors of both
agencies, and has formed joint planning committees and task forces to develop
specific plans to address the areas most pressing housing needs. Among the current
initiatives being collaboratively planned and/or implemented are the development of
a Community Land Trust to promote affordable housing development, a
redevelopment plan for the City's own public housing complex, the Southwest
Neighborhood Redevelopment Plan, the West Settlers Historic District Revitalization,
the Downtown Master Plan, and the RACE initiative.
Citizen Participation
1. Provide a summary of the citizen participation process.
2. Provide a summary of citizen comments or views on the plan.
3. Provide a summary of efforts made to broaden public participation in the
development of the consolidated plan, including outreach to minorities and non-
English speaking persons, as well as persons with disabilities.
4. Provide a written explanation of comments not accepted and the reasons why
these comments were not accepted.
*Please note that Citizen Comments and Responses may be included as additional files within the CPMP
Tool.
Program Year 2 Action Plan Citizen Participation response:
The City of Delray Beach's City Commission delegates responsibility for the
preparation of the Consolidated Plan to the Community Improvement
Department/Community Development Division. The Community Development
Division is responsible for administering the City's housing and neighborhood
services programs and develops and manages most contracts with outside agencies
and provide housing and social services to residents throughout the City.
For the past several years the City has been engaged in strong and vital planning
initiatives with citizens, non-profit organizations, and other community stakeholders
to improve housing, economic development, and livability conditions throughout the
City. Particular emphasis has been placed on involving residents within the CDBG
target area in these planning processes. The City has worked very closely with
neighborhood associations and other community organizations to ensure that the
planning processes reflect the priorities of those most impacted. In addition, several
grassroots planning bodies have been established to create opportunities for ongoing
stakeholder involvement, including: The West Atlantic Task Team - a planning body
consisting of representatives from all the neighborhood associations and community
organizations; as well as the City Commission appointed 16 member Neighborhood
Advisory Council. Both organizations were provided the opportunity to review the
plan and provide input.
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As required by HUD, a public hearing will be held on July 18, 2006 to obtain citizen
input. In addition to advertising the public hearings, neighborhood associations,
public agencies and other interested parties will be notified by letter of the date,
time, and iocation of the public hearing. The City also adverstised that the plan was
available for a 30 day public comment period from 6/06/06 - 7/18/06 at City of
Deiray Beach Community Deveiopment Division, Delray Beach Housing Authority and
the Delray Beach Public Library.
Institutional Structure
1. Describe actions that will take place during the next year to develop institutionai
structure.
Program Year 2 Action Plan Institutionai Structure response:
The Year 2 Action Plan is to be carried out through a network of public, private, and
non-profit organizations, many of which participated in the public participation
process. The City's Community Improvement Department has been working with
these agencies to construct affordable housing, improve neighborhoods, and
establish services for all segments of the City's population. Measurable strengths of
the delivery system of housing and community development programs include the
number of lenders and financial institutions participating in the First-time
Homebuyers Program, as well as the number of foundations and non-profit agencies
in the community actively participating in a variety of activities benefiting the
community. Some gaps and weaknesses in the delivery system include lack of
builders engaged in construction and rehabilitation of affordable housing, no
Community Housing Development Organizations (CHDOs) in the City and lack of
contractors and subcontractors owned by minority and/or women.
The City works very closely with the Delray Beach Housing Authority (DBHA), which
manages the only public housing complex and the local section 8 program. The
DBHA is a public housing authority separately chartered under State law responsible
to a Board of Directors. The City of Delray Beach City Commission appoints the
seven-member Board of Directors for the DBHA. The DBHA Board hires its own
executive director, who is responsible for hiring, contracting and procurement,
provision of services, review of proposed development sites, and comprehensive
pianning of the public housing authority. The DBHA submits a Public Housing Agency
Plan which details the housing authority's plans for the next five years and their
priorities (incorporated in this plan by reference).
Over the years the City Commission has supported the DBHA by providing funds for
infrastructure improvements within the DBHA complex and providing funds to assist
with the acquisition of property adjacent to the DBHA property for future expansion.
Construction or demolition projects initiated by the DBHA are subject to the City's
permitting and inspection process. One of the strengths of the DHBA is the longevity
of its administrative personnel. The Executive Director (formerly the Community
Development Administrator for the City) has held that position for more than 10
years. This provides program continuity and stability.
The largest gap for the DHBA is the need for additional affordable housing both in
their Section 8 voucher program and in public housing.
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Coordination activities will be enhanced through the implementation of several joint
planning activities involving the City, DBHA, Community Land Trust and the
Community Redevelopment Agency.
The DBHA received HUD approval to demolish the 200 unit obsolete public housing
complex known as Carver Estates and will apply for a HOPE VI revitalization grant to
fund its redevelopment. Plans are underway to build a mixed-finance, mixed-income
community which will include both rental and for-sale housing on 18 acres. It is
anticipated that the project will be built out by the year 2008. Of note will be efforts
to demolish and redevelop the Carver Estates public housing complex, create senior
housing projects within the CDBG target area, development of a Community Land
Trust and a newly enacted Workforce Housing Ordinance (creating inclusionary
zoning districts).
Monitoring
1. Describe actions that will take place during the next year to monitor its housing
and community development projects and ensure long-term compliance with
program requirements and comprehensive planning requirements.
Program Year 2 Action Plan Monitoring response:
During the 2006-07 program year, the City of Delray Beach will conduct on-site
monitoring visits to all subrecipient contract locations (including public service,
neighborhood enhancement and neighborhood clean-up grant recipients) to verify
compliance with all federal regulations and City policies. In addition, all
documentation pertaining to subrecipient activities and monitoring will be retained at
the Community Development Division. Files are to include site visit reporting, before
and after condition assesments and evaluations of measurable results.
Lead-based Paint
1. Describe the actions that will take place during the next year to evaluate and
reduce the number of housing units containing lead-based paint hazards in order
to increase the inventory of lead-safe housing available to extremely low-income,
low-income, and moderate-income families.
Program Year 2 Action Plan Lead-based Paint response:
The City will continue to implement its housing related activities in a manner which
assesses lead-based paint risk for the traditional target population (i.e., at risk
children under the age of 7). When providing assistance under its housing
programs, the City will provide all clients and potential clients with the "Lead-Based
Paint" pamphlet that describes hazards of lead-based paint. The City will utilize the
services of a certified lead-based paint professional to conduct lead inspections and
risk assessments. The City will require contractors who participate in the Housing
Rehabilitation Program to conduct all work in a manner conducive with lead safe
work practices.
~;::!!':1,~~:,~1
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Specific Housing Objectives
*Please also refer to the Housing Needs Table in the Needs.xls workbook.
1. Describe the priorities and specific objectives the jurisdiction hopes to achieve
during the next year.
2. Describe how Federal, State, and local public and private sector resources that
are reasonably expected to be available will be used to address identified needs
for the period covered by this Action Plan.
Program Year 2 Action Plan Specific Objectives response:
The City's primary focus over the next year will be the development and
maintenance of affordable housing within the jurisdiction. The City plans to
accomplish approximately 6 substantial housing rehabilitation activities, at least 5 of
which will be limited to homeowners at or below 50% of the area median income,
and 10 exterior housing improvements. A combination of CDBG and SHIP funds will
be used to fund these objectives. In addition, at least 12 new homeownership
opportunities will be provided for low- to moderate-income households under our
first-time homebuyer program. The conversion of the historic LaFrance Hotel, located
in the West Settler's Historic District, will provide 14 affordable rental units for low-
income seniors. SHIP funds will be utilized to fund these objectives.
The City will also continue its collaborative efforts with the Community
Redevelopment Agency (CRA), and the Delray Beach Housing Authority (DBHA) in
the establishment of a Community Land Trust to create additional affordable housing
and ensure long-term affordability; mitigating the Carver Square sites and
constructing new Single-family units for low- to moderate-income families.
Federal, state and local resources will be utilized to provide direct assistance to
eligible households, as well as to leverage private investment in the area. The City
expects to receive $597,467 in CDBG funds for the 2006-2007 program year,
$599,907 in State Housing Initiatives Partnership (SHIP) funds, and ($149,000) in
funding assistance via revenue received from the repayment of an Urban
Development Action Grant (UDAG) investment in support of our local Neighborhood
Housing Program. The City will also be receiving $1,000,000 from the State (SHIP)
under its Hurricane Housing Recovery Program for affordable housing rebuilding
efforts.
All housing programs are available to eligible very low-, low-, and moderate-income
families and households.
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Needs of Public Housing
1. Describe the manner in which the plan of the jurisdiction will help address the
needs of public housing and activities it will undertake during the next year to
encourage public housing residents to become more involved in management and
participate in homeownership.
2. If the public housing agency is designated as "troubled" by HUD or otherwise is
performing poorly, the jurisdiction shall describe the manner in which it will
provide financial or other assistance in improving its operations to remove such
designation during the next year.
Program Year 2 Action Plan Public Housing Strategy response:
The DBHA received HUD approval to demolish the 200 unit obsolete public housing
complex known as Carver Estates and will apply for a HOPE VI revitalization grant to
fund its redevelopment. Plans are underway to build a mixed-finance, mixed-income
community which will include both rental and for-sale housing on 18 acres. It is
anticipated that the project will be built out by the year 2008. The City will continue
to work closely with the Delray Beach Housing Authority (DBHA) in its efforts to plan
for the demolition and redevelopment of the Carver Estates public housing complex.
Eligible families will be provided homeownership opportunities through the City's
first-time homebuyer program. Members of the Carver Estates Tenant Association
will participate in leadership training and organizational capacity building activities
sponsored by the City through the Neighborhood Resource Center.
Barriers to Affordable Housing
1. Describe the actions that will take place during the next year to remove barriers
to affordable housing.
Program Year 2 Action Plan Barriers to Affordable Housing response:
The City recently passed two Workforce Housing Ordinances (Ordinance 66-04
passed 12/06/04 and Ordinance 18-06 passed 4/4/2006) in an effort to create
additional affordable housing throughout the City. The ordinances relax some
regulatory (zoning) restrictions in designated areas, allowing increased density in
exchange for affordable housing units. The City expanded the program to include
additional RM zoned areas throughout the City. In addition, the City will continue to
provide direct homeownership assistance to low- to moderate-income homebuyers to
be used for down-payment, closing cost, or as a direct mortgage subsidy, all of
which will help to increase the affordability of housing.
HOMEI American Dream Down payment Initiative (ADDI)
1. Describe other forms of investment not described in 9 92.205(b).
2. If the participating jurisdiction (PJ) will use HOME or ADD! funds for
homebuyers, it must state the guidelines for resale or recapture, as required
in 9 92.254 of the HOME rule.
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3. If the PJ will use HOME funds to refinance existing debt secured by
multifamily housing that is that is being rehabilitated with HOME funds, it
must state its refinancing guidelines required under 9 92.206(b). The
guidelines shall describe the conditions under which the PJ will refinance
existing debt. At a minimum these guidelines must:
a. Demonstrate that rehabilitation is the primary eligible activity and ensure
that this requirement is met by establishing a minimum level of
rehabilitation per unit or a required ratio between rehabilitation and
refinancing.
b. Require a review of management practices to demonstrate that
disinvestments in the property has not occurred; that the long-term needs
of the project can be met; and that the feasibility of serving the targeted
population over an extended affordability period can be demonstrated.
c. State whether the new investment is being made to maintain current
affordable units, create additional affordable units, or both.
d. Specify the required period of affordability, whether it is the minimum 15
years or longer.
e. Specify whether the investment of HOME funds may be jurisdiction-wide
or limited to a specific geographic area, such as a neighborhood identified
in a neighborhood revitalization strategy under 24 CFR 91.215(e)(2) or a
Federally designated Empowerment Zone or Enterprise Community.
f. State that HOME funds cannot be used to refinance multifamily loans
made or insured by any federal program, including CDBG.
4. If the PJ is going to receive American Dream Down payment Initiative (ADD!)
funds, please complete the following narratives:
a. Describe the planned use of the ADD! funds.
b. Describe the PJ's plan for conducting targeted outreach to residents and
tenants of public housing and manufactured housing and to other families
assisted by public housing agencies, for the purposes of ensuring that the
ADD! funds are used to provide down payment assistance for such
residents, tenants, and families.
c. Describe the actions to be taken to ensure the suitability of families
receiving ADD! funds to undertake and maintain homeownership, such as
provision of housing counseling to homebuyers.
Program Year 2 Action Plan HOME/ADD! response:
The City of Delray Beach does not receive HOME/ADD! funds.
Specific Homeless Prevention Elements
*Please also refer to the Homeless Needs Table in the Needs.xls workbook.
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1. Sources of Funds-Identify the private and public resources that the jurisdiction
expects to receive during the next year to address homeless needs and to
prevent homelessness. These include the McKinney-Vento Homeless Assistance
Act programs, other special federal, state and local and private funds targeted to
homeless individuals and families with children, especially the chronically
homeless, the HUD formula programs, and any publicly-owned land or property.
Please describe, briefly, the jurisdiction's plan for the investment and use of
funds directed toward homelessness.
2. Homelessness-In a narrative, describe how the action plan will address the
specific objectives of the Strategic Plan and, ultimately, the priority needs
identified. Please also identify potential obstacles to completing these action
steps.
3. Chronic homelessness- The jurisdiction must describe the specific planned action
steps it will take over the next year aimed at eliminating chronic homelessness
by 2012. Again, please identify barriers to achieving this.
4. Homelessness Prevention-The jurisdiction must describe its planned action steps
over the next year to address the individual and families with children at
imminent risk of becoming homeless.
5. Discharge Coordination Policy-Explain planned activities to implement a
cohesive, community-wide Discharge Coordination Policy, and how, in the coming
year, the community will move toward such a policy.
Program Year 2 Action Pian Special Needs response:
The Palm Beach County Continuum of Care is the countywide strategy (inclusive of
Delray Beach) for meeting the needs of individuals and families who are homeless or
at risk of becoming homeless. The Homeless Coalition of Palm Beach County is
responSible for developing the Continuum of Care strategy based on information
provided by the Continuum of Care Planning Committee. The Homeless Coalition of
Palm Beach County's Board of Directors is a community-based Board with
representatives from government, business, formerly homeless individuals, law
enforcement, banking, housing, service providers, faith groups, education, veterans
and health care. The Homeless Coalition oversees and coordinates the Continuum of
Care Planning Committee and all its sub-committees. The Coalition collaborates with
community task forces to make sure crucial data is included in the Continuum
planning process.
The Continuum of Care planning occurs through an inclusive process consisting of
the Continuum of Care Planning Committee and the following subcommittees: the
Bed and Gaps Committee, the HMIS (technology) Steering Committee, the Standards
of Care Committee, the Mainstream Resources Committee, the Glades Homeless
Committee, the Service Provider Network, the Emergency Shelter Grant Program
Board (ESG), Consolidated Pian Committee, Discharge Planning Committee and
Family Empowerment Committee (FEC).
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The Continuum of Care system begins with the Homeless Management Information
System or HMIS, which includes a telephone hotline as well as a countywide
computer database accessible to all service providers. The hotline is operated by the
Center for Information & Crisis Services, which also refers to HMIS as CMIS (Client
Management Information System).
A countywide one day "point-in-time" count was conducted by the Homeless
Coalition in January 2005. The report showed 54 unsheltered homeless individuals in
Delray Beach, or 13% of the total counted in the County (Source: Palm Beach
County Homeless Continuum of Care Point-in-Time Homeless County, January 26,
2005 Noon to January 27, 2005 Noon).
C.R.O.S. Ministries, which operates the Caring Kitchen, a hot meal program, located
in the City's CDBG target area, reported serving an estimated 500 homeless persons,
primarily male individuais, in 2004. The data on meals served is not recorded as
unduplicated individuals; i.e., the same individual may be served on multiple days
and be counted once for each meal. Of the estimated 500 homeless, the Center
Director indicated that approximately 5 or 6 male individuals show up repeatedly on
a weekly basis to receive a hot meal. The food pantry in Delray Beach, also
operated by C.R.O.S. Ministries, provides groceries for homeless and low-income
while they are pending food stamps or in other crises. Of the total 6,832 persons
who received service in 2004, an estimated 5% were homeiess.
An interview with two Delray Beach Police Officers revealed that no homeless
persons are observed on the streets of Delray Beach. Occasionally, they will find
homeless persons living in the woods outside the City limits and will refer them to
appropriate agencies. In addition, they indicated that because the hot meal program
is open to anyone who walks in, the homeless population from surrounding
municipalities come to Delray Beach for the hot meal and then leave because there
are no overnight shelter facilities in Delray Beach.
Based on both the point-in-time count and the information cited above, it is
estimated that on a given day there are an average of 59-60 homeless persons
present in the city limits of Deiray Beach, all of them adult males, One shelter for
abused spouses, AVDA (Aid to Victims of Domestic Abuse), operates in Delray Beach.
According to AVDA's records 12 persons from Delray Beach took shelter at their
facility, five of whom were children.
Detailed demographic data on the homeless subpopulation is not available for Delray
Beach, or on the extent of homelessness by racial or ethnic group.
Emergency Shelter Grants (ESG)
(States only) Describe the process for awarding grants to State recipients, and a
description of how the allocation will be made available to units of locai government.
Program Year 2 Action Plan ESG response:
N/A
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"""'''''''f'''''''~IiV~_
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Community Development
*Please also refer to the Community Development Table in the Needs.xls workbook.
1. Identify the jurisdiction's priority non-housing community development needs
eligible for assistance by CDBG eligibility category specified in the Community
Development Needs Table (formerly Table 2B), public facilities, public
improvements, public services and economic development.
2. Identify specific long-term and short-term community development objectives
(including economic development activities that create jobs), developed in
accordance with the statutory goals described in section 24 CFR 91.1 and the
primary objective of the CDBG program to provide decent housing and a suitable
living environment and expand economic opportunities, principally for low- and
moderate-income persons.
*Note: Each specific objective developed to address a priority need, must be identified by number
and contain proposed accomplishments, the time period (i.e., one, two, three, or more years), and
annual program year numeric goals the jurisdiction hopes to achieve in quantitative terms, or in other
measurable terms as identified and defined by the jurisdiction.
Program Year 2 Action Plan Community Development response:
The City of Delray Beach's priority non-Housing Community Development needs
objectives are as follows:
CD Objective 1: Economic Devlopment - Total Allocation $95,000
Utilize CDBG funds to provide businesses located in, or will be located, within the
established CDBG target area for any activity where the assistance is appropriate to
carry out an economic development project. $50,000
Utilize CDBG funds to provide neighborhood associations iocated within the target
area Neighborhood Enhancement Grant funds in support of physical improvements
through a competitive grant application process. Community Organization will be
required to provide a 20% match to grant funds in the form of sweat equity or cash
match. $25,000
Utlilize CDBG funds to provide neighborhood associations located within the target
area Neighborhood Clean-Up Grant funds in support of providing heaithier, safer and
cleaner neighborhoods. Community Organization will be required to provide a 20%
match to grant funds in the form of sweat equity or cash match. $20,000
CD Objective 2: Public Service - Total Allocation $89,620
Utilize CDBG funds to provide for a wide range of activities which include, but are not
limited to, senior services, crime prevention, child care, youth services, fair housing
counseling, recreational services, tenant/landlord counseling and employment
training.
CD Objective 3: Program Administration - Total Allocation $116,970
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Funds are provided for the overall administration of the CDBG program and
Community Development Division Administration
Specific long-term and short-term objectives the City has identified for the next five-
years are as follows:
. Utilize the newly remodeled Neighborhood Resource Center to provide a wide-
range of services and resources for individuals, families and neighborhood
organizations.
. Provide homeownership opportunities through the City's first-time homebuyer's
program in partnership with the Community Land Trust (CL T).
. Provide tenant/iandlord counseiing and mediation services utilizing the recently
added City landlord liaison staff position.
. Provide a wide range of educational, cultural, and recreationai services to youth
through support of the public service programs.
. Provide housing rehabilitation assistance to low- to moderate-income households
through the City's housing rehabilitation program,
. Utilize enhanced Code Enforcement initiatives incorporating personal contact,
streamlined Code Enforcement Board process and educational campaign.
. Implement Litter-Prevention, Neighborhood Enhancement Grant and Neighborhood
Ciean-Up Programs to assist in goal of achieving a "Clean City."
Antipoverty Strategy
1. Describe the actions that will take place during the next year to reduce the
number of poverty level families.
Program Year 2 Action Pian Antipoverty Strategy response:
The goals, objectives and actions outlined in this 2005-2010 Consolidated Plan and in
this 2006-2007 Action Plan are intended, in all cases, to assist those currently living
in poverty by providing them with resources to move out of poverty, or to assist
those in danger of moving into poverty to remain out of poverty. The City's holistic
approach to community development provides various programming efforts and
initiatives aimed at reducing the number of poverty level families. Various
partnerships with area social service and housing provider agencies greatiy increase
the effectiveness and efficiency of our commitment.
The Florida Housing Finance Corporation approved the 2004-07 Local Housing
Assistance Pian (LHAP) prepared by the City's Community Development Division.
The LHAP includes local housing assistance strategies for utilizing SHIP funds, and
locai housing incentive strategies for affordable housing development. The City is
unable to assess the extent to which its current housing policies and programs might
assist in reducing the number of households with incomes below the poverty level.
The Delray Beach Housing Authority's Family Self-Sufficiency (FSS) Program serves
as an anti-poverty tool. The program provides a holistic approach to service delivery
that includes homeownership, adult education, vocational training, social and
economic counseling, employment counseling and placement, medical screenings,
and transportation assistance. A family-centered approach is utilized as well, so that
the needs of each family are addressed. To date the program has assisted over 20
Second Program Year Action Plan
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families in obtaining homeownership. In addition, the DBHA applies for Section 8
rental assistance whenever HUD makes funds available.
Both the City and the DBHA follow HUD guidelines pertaining to Section 3, which
require contractors working on projects funded with HUD dollars to be diligent in
attempting to hire low-income persons. This has the potential of reducing poverty.
The City partners with non-profit partners, the Community Child Care Center and
Families First, acting as the fiscal agent for a $853,622 grant from Children's Service
Council. This grant facilitates services provided by the Beacon Center at Village
Academy. Village Academy is a neighborhood school located within the CDBG target
area which offers extended day and week-end child care services, adult education,
and other programs to assist low-income residents.
Non-homeless Special Needs (91.220 (c) and (e))
*Please also refer to the Non-homeless Special Needs Table in the Needs.xls workbook.
1. Describe the priorities and specific objectives the jurisdiction hopes to achieve for
the period covered by the Action Plan.
2. Describe how Federal, State, and local public and private sector resources that
are reasonably expected to be available will be used to address identified needs
for the period covered by this Action Plan.
Program Year 2 Action Plan Specific Objectives response:
Although the City will use relatively few, if any Consolidated Plan resources to meet
the needs of the Special Needs population during the next year, through its holistic
approach to community development the City hopes to meet some of those needs.
Through its partnership with the DBHA, the City will continue to provide increased
housing opportunities for public assistance families to purchase their first home,
accessibility for the disabled will continue to be addresses as a component of the
City's housing rehabilitation program, funding provided to small businesses for
economic development activities will require job creation for low-income persons,
and the City will continue to provide funding to nonprofit and social service agencies
for programs that benefit special needs residents.
Funding to support the goals listed above will come from a variety of sources,
including the City's CDBG allocation.
Housing Opportunities for People with AIDS
*Please also refer to the HOPWA Table in the Needs.xls workbook.
1. Provide a Brief description of the organization, the area of service, the name of
the program contacts, and a broad overview of the range/ type of housing
activities to be done during the next year.
2. Report on the actions taken during the year that addressed the special needs of
persons who are not homeless but require supportive housing, and assistance for
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persons who are homeless.
3. Evaluate the progress in meeting its specific objective of providing affordable
housing, including a comparison of actuai outputs and outcomes to proposed
goals and progress made on the other planned actions indicated in the strategic
and action plans. The evaluation can address any related program adjustments
or future plans.
4. Report on the accomplishments under the annual HOPWA output goals for the
number of households assisted during the year in: (1) short-term rent, mortgage
and utility payments to avoid homelessness; (2) rental assistance programs; and
(3) in housing facilities, such as community residences and SRO dweilings, where
funds are used to develop and/or operate these facilities. Include any
assessment of client outcomes for achieving housing stability, reduced risks of
homelessness and improved access to care.
5. Report on the use of committed leveraging from other public and private
resources that helped to address needs identified in the plan.
6. Provide an analysis of the extent to which HOPWA funds were distributed among
different categories of housing needs consistent with the geographic distribution
plans identified in its approved Consolidated Plan.
7. Describe any barriers (including non-regulatory) encountered, actions in response
to barriers, and recommendations for program improvement.
8. Please describe the expected trends facing the community in meeting the needs
of persons living with HIV/AIDS and provide additional information regarding the
administration of services to people with HIV/AIDS.
9. Please note any evaluations, studies or other assessments that wiil be conducted
on the iocal HOPWA program during the next year.
Program Year 2 Action Plan HOPWA response:
(N/A)
Specific HOPWA Objectives
Describe how Federal, State, and local public and private sector resources that are
reasonably expected to be availabie wiil be used to address identified needs for the
period covered by the Action Plan.
Program Year 2 Specific HOPWA Objectives response:
(N/A)
:Fm~,~Y~'\'%~m;qJ<1';l;,;::gli-~
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Include any Action Plan information that was not covered by a narrative in any other
section.
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Second Program Year Action Plan
18
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AgendaItemNo..\g D
AGENDA REQUEST
Request to be placed on:
_x_Regular Agenda
_ Special Agenda
_ Workshop Agenda
_ Consent Agenda
Date: July 19,2006
When: July 25, 2006
Description of item:
City Commission approval of the 2006-2007 Annual Action Plan required by the United
States Housing & Urban Development (HUD) Agency for utilization of grant funds.
ORDINANCE/RESOLUTION REQUIRED: Yes/No
Draft Attached: Yes/No
Recommendation:
Staff recommends approval of the 2006-2007 Annual Action Plan required by HUD to
address the needs identified by the Target Area residents.
Department Head Signature:
\iJ---...~--'-:""
. I
U '
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: YES/NO
Funding Alternatives:
Account No. & Description:
Account Balance:
(if applicable)
City Manager Review:
Approved for Agenda:
Hold Until:
@/NO rr1
i
Agenda Coordinator Review:
Received:
Placed on Agenda:
[IT' DF DELIA' BEA[H
CITY ATTORNEY'S OFFICE
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DElRAY BEACH
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All-America City
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MEMORANDUM
July 11, 2006
City Commission
David T. Harden, City Manager
FROM:
Terrill Barton, Assistant City Attorney
SUBJECT: Ordinance 40-06
!;iV 'IL 1"\ ,( JRIDA _~_q-l-4
',l\illr- :'ihli~7S--17.'i)
Writer's Direct Line: 561/243-7090
ryW
Attached is an ordinance amending Section 37.39, "Conflict of Interest; Hearing
Procedures" which provides for summary adjudication of violations if the alleged
violator fails to attend the code enforcement hearing.
Please place this ordinance on the City Commission agenda for Tuesday, July 25,
2006.
Thank you.
TCB:smk
Attachment
cc: Chevelle Nubin, City Clerk
'~A
c'l/
1\
Z"1'J
ORDINANCE NO. 40-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, AMENDING SECTION 37.39,
"CONFLICT OF INTEREST; HEARING PROCEDURES",
PROVIDING FOR SUMMARY ADJUDICATION OF VIOLATIONS IF
THE ALLEGED VIOLATOR FAILS TO ATTEND THE CODE
ENFORCEMENT HEARING AND PROVIDING A METHOD FOR
SETTLEMENT; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING 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 by enacting ordinances and regulations; and
WHEREAS, the City Commission has determined it to be in the public's best interest to regulate
code violations as expeditiously as possible; and
WHEREAS, the City Commission has determined that code violations should be addressed via
summary adjudication when the alleged violator fails to show up at the code board hearing after receiving
proper notice in order to expedite the code enforcement process and inspire property owners to correct the
violations on their property more quickly.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA AS FOLLOWS:
Section I. That Section 37.39, "Conflict df Interest; Hearing Procedures", of the Code of
Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended as follows:
Sec. 37.39. CONFLICT OF INTEREST; HEARING PROCEDURES.
(A) No code Enforcement Board member shall act in any case in which that member has
a conflict of interest.
(B) As required by F.S. Section 162.07(1), all hearings and proceedings of the Board
shall be open to the public, and any person whose interests may be affected by the matter before the
Board shall be given an opportunity to be heard. Minutes of all Board hearings shall be kept by the
Board Clerk. As required by F.S. Section 162.07(2), each case before the Board shall be presented
by the City Attorney or by a member of the administrative staff of the City. As required by F.S.
Section 162.07(3), the enforcement board shall take testimony from the Code Enforcement Officer
and the alleged violator.
(! ) If the alleged violator fails to attend the Code Enforcement Board hearing
after proper notice has been given then the Code Enforcement Board mav
proceed against the alleged violator bv moving for summary adjudication.
a. All motions for summary adiudication must be supported bv affidavits
from the Code Enforcement Officer attesting to the existence of a
violation and demonstrating proper notice to the alleged violator.
(C) Hearings shall be informal and need not be conducted according to technical rules
relating to evidence and witnesses. They shall, however, be conducted in accordance with accepted
parliamentary procedures relative to motions, votes, and decisions. Fundamental due process shall
be observed and shall govern all hearings.
(D) All relevant evidence shall be admitted if, in the opinion of the Board, it is the type
of evidence upon which reasonable and responsible persons would normally rely in the conduct of
business affairs, regardless of the existence of any common law or statutory rule which might make
the evidence inadmissible over objections in civil actions. The Chairperson of the Board may
exclude irrelevant or unduly repetitious evidence.
(E) Hearsay evidence may be accepted for the purpose of supplementing or explaining
any direct evidence, but this hearsay evidence shall not in and of itself be considered sufficient to
support a finding or decision unless the evidence would be admissible over objections in a civil
action.
(F) Each party to the hearing shall have the right to:
(I) Call and examine witnesses;
(2) Introduce exhibits;
(3) Cross examine opposing witnesses;
(4) Impeach witnesses;
(5) Rebut evidence.
(G)
hearing.
The alleged violator has the right to be represented by an attorney at the formal
(H) As required by F.S. Section 162.07(3), all testimony before the Board shall be under
oath and shall be recorded. The alleged violator or the City may cause the proceedings to be
recorded by a certified court reporter or other certified recording instrument.
(I) The Board shall have the power in accordance with F.S. Section 162.08, to:
2
ORD NO. 40-06
(1) Adopt rules for the conduct of its hearings not otherwise in conflict with this
Chapter or F.S. Section 162.01 et seq.;
(2) Subpoena alleged violators and witnesses to its hearings. Subpoenas may be
served by the Police Department;
(3) Subpoena evidence to its hearings;
(4) Take testimony under oath;
(5) Issue orders having the force of law to command whatever steps are
necessary to bring a violation into compliance.
(1) If the City prevails in prosecuting a case before the Code Enforcement Board, it shall
be entitled to recover all costs incurred in prosecuting the case before the Board.
(K) The alleged violator mav settle their case bv entering into a stipulated agreement
with the Citv.
Section 2. That should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence, clause or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part hereof other than the part
declared invalid.
Section 3.
hereby repealed.
That all ordinances or parts of ordinances in conflict herewith be, and the same are
Section 4.
reading.
That this ordinance shall become effective upon its passage on second and final
of
PASSED AND ADOPTED in regular session on second and final reading on this the
,2006.
day
ATTEST:
City Clerk
MAYOR
First Reading
Second Reading
3
ORD NO. 40-06
MEMORANDUM
TO:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER/?11/1
\
AGENDA ITEM # \~6 - REGULAR MEETING OF JULY 25. 2006
ORDINANCE NO. 41-06
FROM:
SUBJECT:
DATE:
JULY 21, 2006
Ibis ordinance is before Commission for first reading to amend Chapter 32, "Departments, Boards,
and Commissions", of the Code of Ordinances, Section 32.41, "Composition; Terms; Appointment",
to clarify the composition of members on the Kids and Cops Committee in order for the Board to
have a full complement of participants.
Recommend approval of Ordinance No. 41-06 on first reading.
S:\City Clerk\agenda memos\Ord 41-06 Amend Chapttr 32 Kids and Cops 072506
Page 1 ofl
Kucmerowski, Carolanne
From: Inglese, Cathy
Sent: Friday, July 14, 20064:37 PM
To: Kucmerowski, Caroianne
Subject: Ordinance 41-06
Please place this ordinance on the City Commission agenda for July 25, 2006.
The Kids and Cops Committee ordinance is being revised in order that the board can have a
full compliment of participants.
eatfu;. J~e
Legal Secretary
City Attorney's Office
200 N.W. 1st Avenue
Delray Beach, FL 33444
Telephone: (561) 243-7091
Fax: (561) 278-4755
7/14/2006
ORDINANCE NO. 41-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 32,
"DEPARTMENTS, BOARDS AND COMMISSIONS", OF THE CODE
OF ORDINANCES OF THE CITY OF DELRAY BEACH BY
AMENDING SECTION 32.41, "COMPOSITION; TERMS;
APPOINTMENT", TO CLARIFY THE COMPOSITION OF MEMBERS
ON THE KIDS AND COPS COMMITTEE; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, the City wishes to amend Section 32.41 in order to clarify the composition of
the Kids and Cops Committee.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 32, "Departments, Boards and Commission", Section 32.41,
"Composition; Terms; Appointment" of the Code of Ordinances of the City of Delray Beach,
Florida, be and the same is hereby amended as follows:
(A) The Kids and Cops Committee shall consist of a membership to be selected as follows:
(1) A representative from the Parks and Recreation Department as designated by the Director of
Parks and Recreation;
(2) A representative of the Delray Beach Police Department, as designated by the Chief of Police;
(3) A representative of the recognized bargaining unit for certain Police Department personnel, as
designated by the President of the recognized bargaining unit;
(4) A clergy representative, as designated by the membership of the ministerial association;
(5) A representative from each of the following schools, as designated by the respective school
principals:
(a) Pine Grove Elementary;
(b) S.D. Spady Elementary;
(c) Plumosa Elementary;
(d) Banyan Creek Elementary;
(e) Orchard View Elementary;
(f) Carver Middle School;
(g) Atlantic High School;
(h) Crossoointe Elementarv:
(6) A youth representative, as designated by the student council of Atlantic High School;
(7) A citizen-at-Iarge representative," The citizen-at-Iarae reoresentative as may be designated by
a community civic organization interested in the enhancement of the program or mav be
desionated bv the City Commission;
(ll) /\ Fe(3r-eseFltoti'/s of MJ\D DJ\DS as dssi!ilFlatoEl;
~ Two at large representatives appointed repr-eS8FltatioFl as may 9S EleemeEl aflpFepFiato by the
City Commission. The City Commission mav aoooint other members if a vacancv exists in anv
cateaorv and the City Clerk orovides notice to the City Commission that desoite reasonable
efforts to have the aooointments filled as orovided within the ordinance the City Clerk has
been unable secure the aooointments.
(B) The members of the Kids and Cops Committee shall serve two (2) two-year terms. The
current members of the Committee shall continue to serve out their terms as previously set forth
and ratified by the City Commission. However, members of the Kids and Cops Committee shall
be limited to two (2) two-year terms, unless additional two-year terms are authorized by a majority
vote of the City Commission.
(C) If a vacancy should occur on the Kids and Cops Committee, the vacancy shall be filled by
selection by the person who selects members for each group, and the said selection shall serve
for the unexpired term of the member position which was vacant.
(D) The City Commission shall have the authority to approve and ratify all selections to
membership on the Kids and Cops Committee, and the City Commission shall have the authority
to remove any member of the Kids and Cops Committee from said position whenever a majority
of the City Commission votes for such a removal.
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.
and final reading.
That this ordinance shall become effective upon its passage on second
2
ORD. 41-06
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. 41-06