10-03-06 Agenda Reg
City of Delray Beach
Regular Commission Meeting
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Tuesday. October 3.2006
Regular Meeting 6:00 p.m.
Public Hearings 7:00 p.m.
Commission Chambers
Delray Beach City Hall
100 NW 1st Avenue
Dekay Beach, Plorida 33444
Phone: (561) 243-7000
Fax: (561) 243-3774
RULES FOR PUBLIC PARTICIPATION
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.
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.
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:
. September 5, 2006 - Regular Meeting
. September 19,2006 - Regular Meeting
6. PROCLAMATIONS:
A. Florida City Government Week - October 15-21,2006
7. PRESENTATIONS:
A. None
8. CONSENT AGENDA: City Manager Recommends Approval.
A. FINAL BOUNDARY PLAT APPROVAL/CITYSCAPE: Approve the boundary
plat for Cityscape, located at the northwest comer of N.E. 3rd Street and N.E. 5th
Avenue (southbound Federal Highway).
B. REOUEST FOR SIDEWALK DEFERRAL/502 N. OCEAN BLVD: Approve a
request to defer the installation of a sidewalk in front of 502 N. Ocean Blvd. Staff
recommends approval.
C. SERVICE AUTHORIZATION NO. 4.1/CH2M HILL. INC.: Approve Service
Authorization No. 4.1 to CH2M Hill, Inc. in the amount of $82,017.00 for project
management services necessary for the planning and development of the Old School
Square Cultural Arts Center Expansion Project. Funding is available from 334-4151-
572-63.59 (General Fund Capital/Old School Square Park Improvements).
D. CHANGE ORDER NO.4 (CONTRACT CLOSEOUT)/REVISED FINAL
PAYMENT /ROSSO PAVING AND DRAINAGE, INC.lN.E. 4TH AVENUE
BEAUTIFICATION: Approve Change Order No.4 (Contract Closeout) in the
amount of $32,769.49 and revised final payment in the amount of $87,768.96 to Rosso
Paving and Drainage, Inc. for completion of the N .E. 4th Avenue from Atlantic Avenue
to N.E. 2nd Street Beautification Project. Funding is available from 442-5178-536-63.50
(Water/Sewer/Renewal and Replacement Fund/Water Mains) and 334-3162-541-65.81
(General Construction Fund/N.E. 4th Avenue).
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E. AMENDMENT NO. 2/SERVICE AUTHORIZATION NO. 6/MATHEWS
CONSULTING, INC.: Approve Amendment No.2 to Service Authorization No.6
for Mathews Consulting, Inc. in the amount of $5,000.00 for the addition of engineering
services for replacement of existing stormwater piping for the Seasage Drive, Melaleuca
Road, and Oleander Lane Drainage Infrastructure Improvements Project. Funding is
available from 448-5461-538-65.35 (Stormwater Utility Fund/
Seasage/Melaleuca/ Oleander).
F. RATE ADJUSTMENTS/AMENDMENT NO. 2/KIMLEY-HORN AND
ASSOCIATES. INC.: Approve Amendment No. 2 to the Kimley-Hom and
Associates, Inc. Consulting Engineering Services Agreement Section VII (A) (2) (a) to
adjust the hourly rates by five percent (5%) and add a new category of Senior Principal.
G. UTILITY EASEMENT/FLORIDA POWER AND LIGHT: Approve a utility
easement document granting to Florida Power and Light the means to install/maintain
the required underground utilities on City owned property for the Old School Square
Parking Garage Project.
H. AMENDMENT NO. 3/CONTRACT FOR SALE AND
PURCHASE/CARVER SQUARE/JEAN LOUIS SAINT FORT AND
JOSETTE SAINT FORT: Approve Amendment No.3 to the Contract for Sale and
Purchase of property to Jean Louis Saint Fort and Josette Saint Fort, as part of the
Carver Square Relocation Project, postponing the closing date from September 26, 2006
to December 29, 2006.
I. AMENDMENT NO. 2/INTERLOCAL AGREEMENT/SCHOOL BOARD
OF PALM BEACH COUNTY: Approve Amendment No.2 to the Interlocal
Agreement between the City and the School Board of Palm Beach County, for the
Purchase and Construction of a Soccer Complex which states that the City shall provide
gate access to the play court adjacent to the Soccer Complex; will permit joint use of the
existing one-story restroom facility to the north of the football stadium; and the City
will assume 100% of the utility/electric costs for the Soccer Complex.
J. CLUB CAR. INC.lGOLF CARTS: Approve a purchase award to Club Car, Inc. in
the amount of $131,420.00 for eighty-two (82) new golf carts for the Delray Beach
Municipal Golf Course. Funding is available from 445-4761-572-64.90 (Delray Beach
Municipal Golf Course Fund/ Other Machinery/Equipment).
K. MOVED TO THE REGULAR AGENDA AS ITEM 9.M.
L. INTERLOCAL AGREEMENT/PALM BEACH COUNTY/DROWNING
PREVENTION COALITION: Approve an Interlocal Agreement with Palm Beach
County for reimbursement of swimming lessons for the Learn to Swim Program at
Pompey Park and the Delray Swim/Tennis Center through the Drowning Prevention
Coalition of Palm Beach County.
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M. RATIFICATION OF APPOINTMENT TO THE PARKING MANAGEMENT
ADVISORY BOARD: Approve and ratify the reappointment of Mr. Joe Pike,
Planning and Zoning Board Alternate Representative, to the Parking Management
Advisory Board for a two (2) year term ending August 31, 2008.
N. AGREEMENT FOR LOBBYING SERVICES/KATHLEEN E. DALEY:
Approve an agreement for consultant/lobbying services between the City and Kathleen
E. Daley and Associates, Inc. in the amount of $48,000.00 for the period October 1,
2006 through September 30, 2007. Funding is available from 001-1111-511-34.90
(General Fund/Other Contractual Services).
O. SPECIAL EVENT REQUEST/HALLOWEEN PARADE: Approve a special
event request to allow the Annual Halloween Parade to be held on October 28, 2006
from 1:30 p.m. until approximately 2:15 p.m., including temporary use permit per LDR
Section 2.4.6(F) for the rolling closure of Atlantic Avenue from N.E. 151 Avenue to
Veterans Park, staff support for traffic control and security; contingent upon the receipt
of a hold harmless agreement.
P. SPECIAL EVENT REOUEST/7TH ANNUAL DELRAY BEACH
THANKSGIVING ART FAIR: Approve a special event request for the 7th Annual
Delray Beach Thanksgiving Art Fair to be held on November 25 and November 26,
2006 from 10:00 a.m. to 5:00 f'm., to grant a temporary use permit per LDR Section
2.4.6(F) for the use of N.E. 2n Avenue from the alley just north of Atlantic Avenue to
NE 4th Street, to utilize the City Hall parking lot for vendor parking, and to authorize
staff support for traffic control, barricading, security and Fire Inspector with sponsor
paying all overtime costs.
Q. SPECIAL EVENT REOUEST /20th ANNUAL TURKEY TROT: Approve a
special event request to allow the 20th Annual Turkey Trot to be held on Saturday,
November 18, 2006 from 5:00 a.m. until approximately 9:00 a.m., including temporary
use permit per LDR Section 2.4.6(F) for the closure and use of A-1-A from Casuarina
to George Bush Boulevard from 5:00 a.m. to approximately 10:00 a.m., and authorize
staff support for traffic control, barricade set-up/removal, trash removal and clean up,
use of small stage: and waiver of parking meter fees for Sandoway, Ingraham, and
Anchor Park as well as along Atlantic Avenue from Venetian to A-1-A from 8:00 a.m.
until approximately 10:00 a.m.
R. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
September 18,2006 through September 29, 2006.
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S. AWARD OF BIDS AND CONTRACTS:
1. Contract award to Public Safety Equipment & Installations, Inc. in the amount
of $23,372.82 for the purchase and installation of emergency lighting and other
equipment for six (6) new police vehicles. Funding is available from 501-3312-
591-64.20 (Central Garage Fund/Automotive).
2. Purchase award to Century Industries in the amount of $128,019.00 for the
purchase of a mobile stage. Funding is available from 551-1575-591-45.50
(Business Insurance Fund/Property Claims).
3. Contract award to Globe Marketing in an estimated amount of $104,500.00 for
the processing of the City's utility bills. Funding is available from 441-5112-536-
34.90 (Water/Sewer Fund/Other Contractual Services).
9. REGULAR AGENDA:
A. RATIFICATION OF THE PROFESSIONAL FIRE FIGHTERS AND
PARAMEDICS OF PALM BEACH COUNTY, LOCAL 2928 MEMORANDUM
OF UNDERSTANDING: Consider approval and ratify the Memorandum of
Understanding with the Professional Fire Fighters and Paramedics of Delray Beach,
Local 2928, effective until September 30, 2007.
B. CONTRACT AWARDS/PROPERTY & CASUALTY INSURANCE
COVERAGE: Consider approval of a contract award to various insurance companies
as negotiated by our broker, Arthur J. Gallagher, for the City's Property and Casualty
Insurance Policies effective October 1,2006.
C. CONDITIONAL USE EXTENSION AND WAIVER REOUESTS/AVENUE
EAST (FKA GROVE SQUARE): Consider an extension request for the conditional
use approvals which allowed a building height in excess of 48 feet (54' 3" approved) and
which allowed residential units in excess of 30 units per acre (38.2 dwelling units per
acre); and a waiver request to the Land Development Regulations (LOR) Section
2.4.4(F)(3)(a) for Avenue East (fka Grove Square), located at the northeast comer of
S.E. 1 sl Street and S.E. 2nd Avenue. (Quasi-Judicial Hearing)
D. CONDITIONAL USE REOUEST/CHILDREN OF DESTINY: Consider a
request to allow the establishment of a child care facility for Children of Destiny (fka
Pat's Happy Face), located on the northwest comer of N.W. 2nd Street and N.W. 6th
Avenue (601 N.W. 2nd Street). (Quasi-Judicial Hearing)
E. DECORATIVE STREET LIGHTS ALONG PUBLIC BEACH/SR AtA
(LINTON BOULEVARD TO GEORGE BUSH BOULEVARD): Provide
direction regarding the type of decorative street lights to be installed along the public
beach on SR AlA (Linton Boulevard to George Bush Boulevard).
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F. REQUEST FOR OUALIFICATIONS (RFO)/OLD SCHOOL SOUARE
CULTURAL ARTS CENTER EXPANSION: Consider the current anticipated
schedule for advertising the Request for Qualifications (RFQ's) for the Old School
Square Cultural Arts Center Expansion project and publishing deadlines established by
the national professional journals; and review the proposed membership of the Request
for Qualifications (RFQ) Selection Committee.
G. REOUEST FOR SPONSORSHIP/URBAN LEAGUE YOUNG
PROFESSIONALS OF PALM BEACH COUNTY (ULYP)/THE PALM
BEACH ALUMNI EXTENSION OF THE NATIONAL SOCIETY OF
BLACK ENGINEERS (NSBE): Consider a sponsorship request from the Urban
League Young Professionals of Palm Beach County (UL YF) and The Palm Beach
Alumni Extension of the National Society of Black Engineers (NSBE) for the Scripps
Panel Discussion to be held on October 25, 2006.
H. REOUEST FOR SPONSORSHIP /NA VY LEAGUE OF THE UNITED
STATES/BOCA-DELRAY COUNCIL: Consider a request from the Navy League
of the United States/Boca-Delray Council to purchase two (2) tables in the amount of
$1,000.00 each for the luncheon to be held on December 7, 2006 at the Boca Raton
Marriott Hotel.
I. AMENDMENT NO. 1/INTERLOCAL AGREEMENT/COMMUNITY
REDEVELOPMENT AGENCY (CRA)/SHUTTLE BUS SERVICE: Consider
approval of Amendment No.1 to the Interlocal Agreement between the City and the
Community Redevelopment Agency (CRA) for shutde bus service in the downtown
area increasing the Community Redevelopment Agency's (CRA) initial funding in the
additional amount of $40,000.00 per year.
J. SECOND SETTLEMENT OFFER/CHERYL WRIGHT-DEIGNAN AND
ROBERT DEIGNAN V. CITY: Consider a second Setdement Offer in the amount
of $6,000.00 in Cheryl Wright-Deignan and Robert Deignan v. City. Staff
recommendation is denial.
K. REOUEST TO PARTICIPATE IN REHEARING/APPEAL: Consider
authorizing the City Attorney to participate in any rehearing filed and any appeal to the
Florida Supreme Court regarding voluntary annexations in Palm Beach County.
L. APPOINTMENTS TO THE SITE PLAN REVIEW AND APPEARANCE
BOARD: Appoint one (1) regular member to the Site Plan Review and Appearance
Board to serve an unexpired term ending August 31, 2008. Based upon the rotation
system, the appointment will be made by Commissioner Ellis (Seat #1).
M. PLAYERS INTERNATIONAL MANAGEMENT, INC. (PIM)
AGREEMENT: Consider approval of a five (5) year agreement with Players
International Management, Inc. (pIM) Agreement for three (3) USTA Junior Tennis
Tournaments proposed to be held at the City's Tennis Facilities.
10-03-2006
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10. PUBLIC HEARINGS:
A. ORDINANCE NO. 47-06: Amendment to the Land Development Regulations,
Central Business District Section 4.4. 13 (H), "Special Regulations", to eliminate the
nonresidential requirements on the ground floor along the west side of Pineapple Grove
Way, between NE 3rd Street and NE 4th Street; and Section 4.4.13(F)(3), "Building
Frontage and Front Setbacks", to adjust 3rd floor setback requirements for single
use townhouse structures along Pineapple Grove Way.
B. ORDINANCE NO. 56-06 (FIRST READING/FIRST PUBLIC HEARING):
City initiated amendment to extend for 90 days the temporary building moratorium for
demolition, and developments which exceed certain square footage in any of the City's
five historic districts [excluding properties zoned CF (Community Facilities) or CBD
(Central Business District)]. If passed, a second public hearing will be scheduled for
October 17, 2006.
C. ORDINANCE NO. 45-06 (SECOND READING/SECOND PUBLIC
HEARING): City initiated amendment to Land Development Regulations (LDR)
Section 4.4.13, "Central Business District", to provide regulations relating to office uses
on the ground floor along Atlantic Avenue extending from 1-95 to Ocean Boulevard.
D. WAIVER REOUESTS/DELRAY YACHT CLUB: Consider a request for waiver
of Land Development Regulations (LDR) 4.3.4(K.), "Development Standards Matrix";
Section 2.2.4(0)(3), "Duties, Powers, and Responsibilities"; Section 2.4.7(B) (1) (b) (iii),
''Waivers; Special Power to the City Commission" and 4.3.40) (4) (a), "Increases to
Height Regulations; Prohibitions" for the Delray Yacht Club. (Quasi-Judicial
Hearing)
E. ORDINANCE NO. 54-06: An ordinance amending Chapter 96, "Fire Safety and
Emergency Services", Section 96.66, "Emergency Medical Transportation Fees", of the
Code of Ordinances to adjust the fee schedule for emergency medical transportation in
accordance with the National Ambulance Fee Schedule.
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. 53-06: An ordinance amending Chapter 101, "Parks, Beaches,
and Recreation", of the City Code of Ordinances by amending Section 101.24, "Traffic
Regulations", to provide that overhead vehicles shall not be operated within 300 feet of
the municipal beach except for airplanes, jets and/or helicopters and motor vehicles
shall not be driven on the municipal beach except for authorized uses. If passed, a
public hearing will be scheduled for October 17, 2006.
10-03-2006
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B. ORDINANCE NO. 55-06: City initiated amendment to the Land Development
Regulations Article 1.3, "Nonconforming Uses, Lots, and Structures", of the Land
Development Regulations, Section 1.3.6, "Repairs and Maintenance", to provide that if
repairs are made to structures damaged by an act of God; Section 1.3.8 "Reconstruction
Necessitated by an Act of God" shall apply. If passed, a public hearing will be
scheduled for October 17, 2006.
C. ORDINANCE NO. 58-06: Privately initiated amendment to the Land Development
RegulationsSection 4.6.9(E) to provide credit towards required parking for the
developers constructing new on-street public parking in adjacent rights-of-way. If
passed, a public hearing will be scheduled for October 17, 2006.
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: SEPTEMBER 29, 2008
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SEPTEMBER 5. 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, September 5, 2006.
1.
Roll call showed:
Present - Commissioner Fred Fetzer
Commissioner Jon Levinson
Commissioner Brenda Montague
Mayor Jeff Perlman
Absent - Commissioner Rita Ellis
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 Reverend Elizabeth Hill-Sanio with
Church of the Palms.
3.
gIven.
The Pledge of Allegiance to the flag of the United States of America was
4.
AGENDA APPROVAL.
Mayor Perlman stated this is some revised information for Item 8.L.,
Consent to Assi2nment/Lease A2reementlPil2rim Belle Cruises. LLC and requested
that this item be moved to the Regular Agenda as Item 9.A.1.
He requested that Item 8.K., Release of Covenant Restrictions/Coral
Trace Homeowners' Association. Inc. be moved to the Regular Agenda as Item 9.A.2.
Also, Mayor Perlman stated there is additional information for Item 8.W.,
Bud2et Transfer/Old School Square and Item 9.F., Appointment to the Code
Enforcement Board.
He noted that Item 12.D., Ordinance No. 45-06 be moved to the Public
Hearings as a First Reading/First Public Hearing item.
Mr. Levinson stated he would like to remove Item 9.J., City Attornev
Evaluation and Item 9.K., City Mana2er Evaluation to a date certain of September 19,
2006.
09/05/06
Mr. Fetzer moved to approve the Agenda as amended, seconded by Mrs.
Montague. Upon roll call the Commission voted as follows: Mr. Fetzer - Yes; Mr.
Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes. Said motion passed with
a 4 to 0 vote.
5.
APPROVAL OF MINUTES:
Mrs. Montague moved to approve the Minutes of the Regular Meeting of
August 15, 2006, seconded by Mr. Fetzer. Upon roll call the Commission voted as
follows: Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mr. Fetzer-
Yes. Said motion passed with a 4 to 0 vote.
Mr. Fetzer moved to approve the Minutes of the Workshop Meeting of
August 22, 2006, seconded by Mrs. Montague. Upon roll call the Commission voted as
follows: Mrs. Montague - Yes; Mayor Perlman - Yes; Mr. Fetzer - Yes; Mr. Levinson -
Yes. Said motion passed with a 4 to 0 vote.
6.
PROCLAMATIONS:
6.A. Recoe:nizine: and Commendine: Nina Mattos for winnine: the East
Coast Paddle Board Chamvionshivs
Mayor Perlman read and presented a proclamation hereby recognizing and
commending Nina Mattos for winning the East Coast Paddle Board Championships.
Nina Mattos, Ocean Rescue Operations Supervisor EMT, came forward to accept the
proclamation and Bob Taylor, Ocean Rescue Superintendent, gave a few brief comments.
6.B. Recoe:nizine: Exvlorer Scout Jason Perlmutter for Savine: a Life usine:
the Heimlich Maneuver
Mayor Perlman read and presented a proclamation hereby recognizing
Jason Perlmutter, Explorer Post 320, for his immediate and appropriate action in an
emergency which resulted in the saving of a life. Jason Perlmutter came forward to
accept the proclamation and thanked the City of Delray Beach, Chief Koen, Shawn
Gibson, and his friends and family.
6.C. Recoe:nizine: Boys and Girls Club Day for Kids
Mayor Perlman read and presented a proclamation hereby recognizing and
commending the Boys & Girls Club Day for Kids. Stephanie Shipley came forward to
accept the proclamation and gave a few brief comments. Also, Mrs. Shipley thanked the
City of Delray Beach for its support of the Delray Beach Boys and Girls Club. Mayor
Perlman stated the Day for Kids will be held on September 16, 2006 from 12:00-4:00
p.m. (1451 S.W. 7th Street on the comer of lih and S.W. ih Street).
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09/05/06
7.
PRESENTATIONS:
7.A. "Spotli2ht on Education" - Jody Gleason. Executive Director of Palm
Beach County Education Commission
Jody Gleason, Executive Director of the Palm Beach County Education
Commission, stated the Palm Beach County Education Commission was established in
2000 by the Economic Council and modeled after the Criminal Justice Commission. The
intent was to create a support system for education. She gave a brief overview on
Spotlight for Education.
Ms. Gleason stated in the workforce preparation they now have 94 career
academies and Palm Beach County has the largest number of students and the largest
number of academies in the nation. She stated these career academies were developed
with a process known as CEBLC (Career Education Business Leadership Committee)
who helped them design the academies to meet the workforce needs. They also
developed another group called QEEDE (Quality Education Economic Development
Employment) and they take the leaders from workforce business development and meet
quarterly to make sure they are on the same page in assuring that education is responding
to business needs.
Mayor Perlman thanked Ms. Gleason for everything she has done.
7.B. Soccer Field and Miller Park Site Plans- Mike Carey of Kimley Horn
Mike Carey, Kimley-Horn & Associates, Inc. gave a brief PowerPoint
presentation regarding the site plans for the soccer facility at the old Atlantic High School
site as well as upgrades to Miller Park.
Joseph Weldon, Director of Parks and Recreation, stated there is a
fundraising group for the Miracle League diamond as part of this entire project. Staff
recommends building the Miracle League diamond as part of this and the Miracle League
activities will raise the funds to pay the City back.
Brian Thompson thanked Mr. Weldon and the City Manager for the time
they have taken to do this. Mr. Thompson stated getting the work done now will serve
the Delray Beach soccer program the best it can be.
Pat Archer, Miracle League member, stated this plan delays the building
of the Miracle Field a little longer than what she was hoping but after meetings with
Parks and Recreation they decided it would be much more difficult to build it separately.
Mrs. Archer stated they have raised $250,000 thus far.
Woody McDuffie stated he appreciated the cooperation from Joseph
Weldon, Director of Parks and Recreation, Tom Kwiatek, Recreation Supervisor
N/Community Center and Rodger Ribeiro, Recreation Superintendent and Kimley-Horn
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09/05/06
and noted it was very difficult to place all those fields in that space. He stated this was
put to a vote at the last Board of Directors meeting and approved unanimously by the
Delray Beach National Board.
8.
CONSENT AGENDA: City Manager Recommends Approval.
8.A. CONFIRMATION/RECISSION OF EMERGENCY
PROCLAMATION TROPICAL STORM ERNESTO: Confirm Emergency
Proclamation for Tropical Storm Emesto pursuant to Chapter 95 of the City Code of
Ordinances and approve the rescission of the same.
8.B. ACCEPTANCE OF RIGHT-OF-WAY DEEDS/HABITAT FOR
HUMANITY/217 & 223 N.W. 15TH AVENUE: Approve acceptance of right-of-way
deeds with Habitat for Humanity of South Palm Beach County for improvements
associated with 217 and 223 N.W. 15th Avenue. Habitat for Humanity will give the City
a 5' strip of property along the west side of both lots and adjacent to N.W. 15th Avenue.
8.C. ACCEPTANCE OF EASEMENT DEED/DELRAY MEDICAL
CENTER: Approve and accept an easement deed between the City and Delray Medical
Center providing a 12' wide water main easement to be constructed at the Delray Medical
Center.
8.D. REQUEST FOR SIDEWALK DEFERRAL/950 ALLAMANDA
DRIVE: Approve a request to defer the installation of a sidewalk in front of 950
Allamanda Drive. Staff recommends approval.
8.E. CHANGE ORDER NO. 4 (CONTRACT CLOSEOUT)IFINAL
PAYMENT/ROSSO PAVING AND DRAINAGE. INC./NE 4TH AVENUE
BEAUTIFICATION: Approve Change Order No.4 (Contract Closeout) in the amount
of $32,769.49 and final payment in the amount of $54,999.47 to Rosso Paving and
Drainage, Inc. for completion of the NE 4th Avenue from Atlantic Avenue to NE 2nd
Street Beautification Project. Funding is available from 442-5178-536-63.50
(Water/Sewer/Renewal and Replacement Fund/Water Mains) and 334-3162-541-65.81
(General Construction Fund/NE 4th Avenue).
8.F. CHANGE ORDER NO. 5 (CONTRACT CLOSEOUT)IFINAL
PAYMENT/JMW CONSTRUCTION CORPORATION/LAKE VIEW PARK:
Approve Change Order No.5 (Contract Closeout) in the amount of a $24,822.21 decrease
and final payment in the amount of $35,553.34 to JMW Construction Corporation for
completion of the Lake View Park Project. Funding is available from 380-4150-572-
63.26 (2004 G.O. Bond/Lake View Park).
8.G. SERVICE AUTHORIZATION NO. 1.6/PGAL. INC.: Approve
Service Authorization No. 1.6 to PGAL, Inc. in the amount of $9,168.00 for contract
reimbursable expenses relating to the construction of the Old School Square Parking
Garage Project. Funding is available from 380-4150-572-63.29 (2004 G.O. Bond/Old
School Square).
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09/05/06
8.H. AMENDMENT TO INTERLOCAL AGREEMENT/PALM BEACH
COUNTY/BARWICK ROAD IMPROVEMENTS: Approve an Amendment to the
Interlocal Agreement with Palm Beach County for reimbursement in the amount of
$51,300.00 for improvements along Barwick Road abutting Barwick Estates. Funding is
available from 334-3162-541-68.02 (General Construction FundlBarwick Road).
8.1. FLORIDA DEPARTMENT OF TRANSPORATION (FDOT)
UTILITY PERMIT & HOLD HARMLESS AGREEMENT/SEAGATE BEACH
CLUB.INC.: Authorize the City to act as the utility permit applicant for a water service
connection within the state right-of-way for Seagate Beach Club, located on the east side
of State Road AlA, south of Casuarina and approve a hold harmless agreement with the
developer (HH Properties-I, Inc.).
8.J. CONSTRUCTION MANAGER AT RISK
DOCUMENTS/WESTERN/ SENIOR COMMUNITY CENTER PROJECT:
Approve a proposal and related agreement for the preconstruction services phase of the
Western Community Center Project's Construction Management at Risk Contract in the
amount of $87,740.00. Funding is available from 380-4150-572-62.58 (2004 G.O.
Bond/Western/Senior Community Center).
8.1(. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.A.2.
8.L. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.A.1.
8.M. CONSENT TO ASSIGNMENT OF LEASENEGA INVESTMENT
GROUP. LLC: Approve Consent to Assignment of Lease with Vega Investment Group,
LLC which will acquire Quality Broadcasting Corporation's lease for
telecommunications/radio transmitting tower purposes from the City of Delray Beach and
approve staff recommendation that the City receive the monthly payment in the form of
money rather than the advertising services.
8.N. AMENDMENTITICKETMASTER L.L.c. AGREEMENT/CHRIS
EVERT EVENT: Approve an amendment to the Agreement between the City and
Ticketmaster L.L.C. to provide that all proceeds received from the Chris Evert Classic
ticket sales shall be paid directly from Ticketmaster to Chris Evert Charities, Inc.
8.0. COASTAL PLANNING & ENGINEERINGIBEACH
RENOURISHMENT: Approve and authorize Coastal Planning & Engineering to
proceed with the One (1) Year Post Construction Physical Monitoring for the Beach
Renourishment Project in the amount of $37,570.00. Funding is available from 332-
4164-572-31.30 (Beach Restoration Fund/Engineering! Architect).
8.P. RESOLUTION NO. 58-06: Approve Resolution No. 58-06 providing
support for the City's beach renourishment project and a funding commitment to provide
for the local match.
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09/05/06
The caption of Resolution No. 58-06 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA
PROVIDING IT'S SUPPORT FOR THE CITY OF
DELRA Y BEACH RENOURISHMENT PROJECT AND
ITS ONGOING FUNDING COMMITMENT TO
PROVIDE FOR THE LOCAL MATCH.
(The official copy of Resolution No. 58-06 is on file in the City Clerk's
office)
~ FY 2007 GOLF RATESILAKEVIEW GOLF COURSE: Approve the
proposed FY 2007 maximum golf rates for the Lakeview Golf Course.
8.R. FY 2007 GOLF RATES/MUNICIPAL GOLF COURSE: Approve the
proposed FY 2007 maximum golf rates for the Municipal Golf Course.
8.S. FY 2007 TENNIS RATES/TENNIS FACILITIES: Approve the
proposed FY 2007 maximum tennis rates for the Tennis Facilities.
8.T. RESOLUTION NO. 54-06 (BUDGET AMENDMENT): Approve a
resolution making amendments to the adopted budget for FY 2006 due to a State SHIP
Program Grant in the amount of$I,OOO,OOO.OO as part of the hurricane disaster initiative.
The caption of Resolution No. 54-06 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING RESOLUTION NO. 72-05 ADOPTED
SEPTEMBER 20, 2005, RESOLUTION NO. 18-06
ADOPTED APRIL 18,2006, RESOLUTION NO. 27-
06 ADOPTED MAY 16, 2006 AND RESOLUTION
NO. 53-06 ADOPTED AUGUST 15, 2006 WHICH
MADE APPROPRIATIONS OF SUMS OF MONEY
FOR ALL NECESSARY EXPENDITURES OF THE
CITY OF DELRA Y BEACH, FLORIDA, FOR THE
FISCAL YEAR 200512006, BY SETTING FORTH
THE ANTICIPATED REVENUES AND
EXPENDITURES FOR THE OPERATING FUNDS
OF THE CITY FOR THE FISCAL YEAR 200512006;
REPEALING ALL RESOLUTIONS INCONSISTENT
HEREWITH.
(The official copy of Resolution No. 54-06 is on file in the City Clerk's
office. )
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09/05/06
8.U. POLICE ADVISORY BOARD RULES: Approve the rules for the
Police Advisory Board as adopted by that board on June 12,2006.
8.V. FUNDING REQUEST/CULTURAL COMPETENCY TRAINING
PROGRAM: Approve a funding request from Human Resources in the amount of
$25,000 to help with costs associated with the Cultural Competency Training Program
for City Employees and approve the agreement with Toward a More Perfect Union to
provide the training. Funding is available from 001-1311-512-54.30 (General
Fund/Training Educational Costs) after a budget transfer from the City Manager's
Contingency fund.
8.W. BUDGET TRANSFER/OLD SCHOOL SQUARE: Approve a budget
transfer in the amount of $50,000 from the FY 2005-2006 Contingency Fund to the Old
School Square Account #001-6312-579-82.10 for various costs.
8.X. CORRECTION/RESOLUTION NO. 66-05: Approve a correction to
Section 3 of Resolution No. 66-05 adopted at the September 6, 2005 Commission
Meeting changing the maximum State Housing Initiatives Partnership (SHIP) award from
$8,000 to $10,000 for disaster relief assistance.
The caption of Resolution No. 66-05 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, ADOPTING
THE AMENDED LOCAL HOUSING ASSISTANCE
PLAN PURSUANT TO THE STATE HOUSING
INITIATIVES PARTNERSHIP (SHIP) PROGRAM AS
A TT ACHED HERETO; ESTABLISHING A MAXIMUM
COST PER UNIT, THE STRATEGIES AND
INCENTIVES OF THE PLAN, THE MAXIMUM SHIP
FUNDS ALLOWABLE FOR ASSISTANCE, THE
MAXIMUM SHIP FUNDS FOR ADMINISTRATIVE
EXPENSES; AUTHORIZING THE NECESSARY
CERTIFICATIONS BY THE MAYOR AND
AUTHORIZING SUBMISSION OF THE PLAN TO THE
STATE HOUSING FINANCE CORPORATION;
PROVIDING FOR AN EFFECTIVE DATE UPON
APPROV AL.
(The official copy of Resolution No. 66-05 is on file in the City Clerk's
office.)
8.Y. RATIFICATION OF APPOINTMENT TO THE PARKING
MANAGEMENT ADVISORY BOARD: Approve and ratify the reappointment of Mr.
Herman Stevens, Downtown Development Authority Regular Representative, for a two
(2) year term ending August 1, 2008.
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09/05/06
8.Z. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards for
the period August 14,2006 through September 1, 2006.
8.A.A.
AWARD OF BIDS AND CONTRACTS:
1. Contract award to Chaz Equipment Co., Inc. in the amount of
$47,750.00 for emergency repair of an 8" sanitary sewer main
at the west end of Avenue Villandry in the Chatelaine
Subdivision. Funding is available from 442-5178-536-63.51
(Water/Sewer RenewaVReplacement Fund/Sewer Mains).
2. Bid award to Universal Beach Services in the amount of
$79,080.00 for a three year contract for professional beach
cleaning, maintenance and beautification services at the
Municipal Beach and Atlantic Dunes Park Beach. Funding is
available from 001-4123-572-34.90 (General Fund/Other
Contractual Services).
3. Bid award to Vila & Son Landscaping in the estimated annual
amount of $20,286.00 for landscape maintenance along George
Bush Blvd.IN.B. 8th Street and West Atlantic Avenue.
Funding is available from 119-4144-572-46.40 (Beautification
Trust Funds/Parks and Recreation Maintenance) for FY 2006-
2007.
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; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes. Said
motion passed with a 4 to 0 vote.
9.
REGULAR AGENDA:
9.A.l. CONSENT TO ASSIGNMENT/LEASE AGREEMENT/PILGRIM
BELLE CRUISES. LLC: Approve Consent to Assignment regarding the Lease
Agreement with Pilgrim Belle Cruises, LLC due to a name change for financing
purposes.
At this point, Mr. Fetzer stepped away from the dais.
The City Attorney stated she spoke to Joe Reardon who approved this
change. This change was brought to her attention by Commissioner Levinson that
basically the original LLC will remain responsible for fulfillment of all the terms and
conditions of the original contract as well.
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09/05/06
Mr. Levinson moved to approve the Consent to Assignment regarding the
Lease Agreement with Pilgrim Belle Cruises, LLC, seconded by Mrs. Montague. Upon
roll call the Commission voted as follows: Mr. Levinson - Yes; Mrs. Montague - Yes;
Mayor Perlman - Yes. Said motion passed with a 3 to 0 vote.
9.A.2. RELEASE OF COVENANT RESTRICTIONS/CORAL TRACE
HOMEOWNERS' ASSOCIATION. INC.: Approve a Release From Restrictive
Covenant between the City and Coral Trace Homeowners' Association that will release a
portion of property located at the northwest comer of Coral Trace Boulevard and Atlantic
Avenue. The property is no longer owned by the Association.
At this point, Commissioner Levinson stepped away from the dais.
The City Attorney stated this is a request to release covenant restrictions
that a lawyer has indicated that are not in the title to land that is being developed as a
medical office complex adjacent to Temple Sinai to the west. The agreement provided
that the City could take access, for its parcel, from Coral Trace Boulevard provided that it
abided by certain restrictions that were designed to prevent through traffic coming across
the City parcel from Atlantic High School and using Coral Trace Boulevard.
The developer of the parcel of property that is located at the northwest
comer of Coral Trace Boulevard and Atlantic Avenue is nearing completion of his office
condominium development and must obtain a release from this covenant as it is a cloud
on the title. The property formerly belonged to the Coral Trace Homeowners'
Association; however, this parcel was sold and is now no longer part of the HOA.
Michael Chatnik, Counsel for the Coral Trace Homeowners' Association,
stated the Association is requesting that the matter either be tabled or that they have an
opportunity to discuss the matter with counsel for the developer. He stated in reviewing
the restrictions that are being requested to be released the legal description has nothing to
do with the office park parcel.
At this point, Mr. Fetzer returned to the dais.
Mrs. Montague moved to approve the release of covenant restrictions
between the City of Delray Beach and the Coral Trace Homeowners' Association subject
to staffs legal review that it is appropriate, seconded by Mr. Fetzer. Upon roll call the
Commission voted as follows: Mr. Fetzer - Yes; Mrs. Montague - Yes; Mayor Perlman
- Yes. Said motion passed with a 3 to 0 vote.
9.A. APPEAL OF THE HISTORIC PRESERVATION BOARD'S
DECISION ASSOCIATED WITH 527 NORTH SWINTON AVENUE: Consider an
appeal of the Historic Preservation Board's decision approving a certificate of
appropriateness for the construction of a single family dwelling at 527 North Swinton
Avenue, located in the Del-Ida Park Historic District. (Quasi-Judicial Hearing)
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09/05/06
Mayor Perlman read into the record the City of Delray Beach procedures
for a Quasi-Judicial Hearing for this item and all subsequent items.
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
The City Attorney stated a request for a continuance has been submitted.
Livia Landry, Appellant, stated she requested a continuance and briefly
discussed the reasons for the request. She stated today she received the CD with the
Historic Preservation Board (HPB) minutes from August 2, 2006. Mrs. Landry entered a
series of documents into the record.
Michael Weiner, Weiner & Aronson, P.A., 102 N. Swinton Avenue,
Delray Beach, speaking on behalf ofthe Appellee, stated he does not see a reason to grant
the postponement based upon the policy of the City of Delray Beach as well as their own
circular reasoning.
Mr. Levinson moved to approve the request for continuance, seconded by
Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Levinson - No; Mrs.
Montague - No; Mayor Perlman - No; Mr. Fetzer - No. Said motion was DENIED with
a 4 to 0 vote.
Mayor Perlman asked the Commission to disclose their ex parte
communications. Mr. Levinson stated he provided emails he received and those are in
addition to the previous ex parte they have discussed on this. Mrs. Montague stated she
has received some emails in support of the project which she will give to the City Clerk.
Mayor Perlman stated he received approximately six emails in support of the project and
a conversation with the appellee's attorney. Mr. Fetzer stated he received approximately
six emails and had discussions with the attorney.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2006-126 into the record.
Mr. Dorling stated the Historic Preservation Board (HPB) considered this
proposal on May 17, 2006, at which time they were considering a demolition and
construction of a single family residence with an attached two car garage. The Board
denied the demolition request and they did not consider the associated site plan. The site
plan has now been approved. On July II, 2006, the applicants appealed the denial to the
City Commission where the appeal was upheld. Subsequently, they returned to the HPB
for approval of the two-story house. At that meeting, staff recommended approval of the
project; however, they did note that the architectural style was inconsistent with the
prevailing architectural styles within the historic district. Staff recommended some
conditions which would help with the compatibility and the Board took testimony from
members of the public as well as staff and approved the project with a 3 to I vote. They
did not endorse three of the eight conditions or apply the five conditions which staff
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09/05/06
wanted to have that would have increased the compatibility of the architectural style. On
August 16, 2006, this action was appealed by Hayden Burrus and Livia Landry who live
in the area. The relief being sought is that the approval of the COA be reversed and the
owner is required to resubmit an appropriate proposal which would comply with the
LDR's and the Delray Beach Historic Preservation Design Guidelines. Staff
recommended approval of the project subject to conditions of approval listed on page two
of the City Commission documentation.
Warren Adams, stated he was Acting Preservation Planner while this
report was submitted to the Historic Preservation Board, briefly reviewed the eight
conditions recommended by staff (three were recommended by the HPB and five were
not). Mr. Adams stated the five conditions which were not recommended by the HPB
were the conditions that addressed the actual architectural style of the proposal and it was
felt that the proposal of the architectural style was not consistent with what currently
exists in the Del-Ida Park Historic area.
Livia Landrv. 701 N. Swinton Avenue. Delray Beach (Appellant) and
Hayden Burrus lives at 10 N.E. 6th Street (his property abuts the subiect property
527 N. Swinton Avenue) stated they have appealed the project that was approved by the
HPB on August 2, 2006, because the actions taken by the HPB are not consistent with the
LDR's, the Delray Beach Historic Preservation Design Guidelines and the initial staff
report that was made available to the public on May 12,2006; and the facts contained in
the May 17, 2006 staff memorandum on 527 N. Swinton Avenue. Mrs. Landry read a
letter into the record regarding 527 N. Swinton Avenue written from a local architect who
could not attend this evening.
Michael Weiner. Appellee. 102 N. Swinton Avenue. Delray Beach.
responded to the appellant's comments.
Anthony Cosentino. Desil!ner for Randall Stofft Architects. agrees
with comments expressed by Michael Weiner and stated it meets the requirements of
LDR Section 4.5.I(E).
Mr. Weiner stated this is a misinterpretation and misapplication by the
appellant of the regulations.
Mayor Perlman stated if anyone from the public would like to speak in
favor or in opposition of the appeal, to please come forward at this time.
Lori Albanese. lives in the neil!hborhood, stated the Floor Area Ratio
(FAR) is inaccurate; expressed concern over the second floor being moved back and
features of the house; and noted if 3 out of 4 Historic Preservation Board members voted
for it why are they not here telling us how come now they are right or wrong. She
supports the appeal.
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09/05/06
Paul Householder. 521 N. Swinton Avenue. Delray Beach. stated he
takes great pride in taking care of the outside of his home. He stated the City is allowing
a couple of people to challenge something that the Commission has already decided on
and he is amazed that the Dawsons have the tenacity to want to live in Delray Beach so
much. He stated it is a great addition and he is tired of looking at what is located next
door to him.
Andrea Harden. 516 N. Swinton Avenue. Delray Beach. stated this
house is very similar in the floor area ratio and it does have something to do with it
because the mass and scale is stated in the LDR's. She stated their house is almost 40%
and the house for which the Commission upheld the appeal and turned down (David
Rosenbaum's) is slightly over 40%. She distributed a handout to the Commission
regarding new construction. She stated the streetscape is very important and it shows that
they should be compatible in height. She stated the poor choices by the Historic
Preservation Board (HPB) has put the Marina District in a very precarious situation and
this is starting to happen in Del-Ida. Mrs. Harden urged the Commission to not forever
change the face of the Del-Ida District and Swinton Avenue and stated Swinton Avenue
is a jewel.
Liz Bold. 1104 Nassau Street. Delrav Beach. stated anything that Mr.
Gonzalez recommended really should not be taken under consideration under the Dawson
project. She supports the Dawson project and feels it is a lovely addition to Delray Beach
and agrees with Mrs. Harden that Swinton Avenue is ajewel. Ms. Bold stated she drove
down Swinton Avenue and feels it is an eclectic mix of small cottages, larger 3,000
square feet historic homes, very large recently built homes, and they all mix together to
create Swinton Avenue. She understands the Dawson home is in the Del-Ida Historic
Park District and only the homes around there should be taken into consideration so she
drove through Del-Ida Historic Park District and noticed the same thing (a very eclectic
mix of different architectures and different styles).
Annette Annechild. 300 North Swinton Avenue. Delray Beach. stated
she has a comer lot and one of the newer larger homes in the OSSHAD District. She
commented about how large her home looks at 2,000 square feet (comer of 3rd and
Swinton). She stated her home towers over the house across the street and onto her right
(south) and noted the proposed home is very close to the street with two small houses on
either side. Ms. Annechild stated this is not a question of not welcoming new people
however she feels the Dawson proj ect does not flow and they should think about the
rhythm of the street.
Jim Rembere. 7th Street. Delra", Beach (lives in a 1.450 SQuare foot
sinele floor house). stated he does not understand why under the current guidelines that
this can't just come to an end and let it move forward.
Claudia Willis. 160 Marine Way. Delray Beach. stated she has 13
properties in historic areas and has built new homes in addition to renovating them. She
noted that every experience has been a positive experience. She stated this is mis-
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09/05/06
information and people are afraid. Ms. Willis urged the Commission to protect the
historic areas and follow the guidelines.
Randv Marcin. 17 N.E. 6th Street. Delrav Beach (lives across the street
from the subject property). stated he feels "duped" in the whole process. He suggested
sending this back to the Historic Preservation Board (HPB) to have seven people vote on
this and find out what they really believe. He stated the decision that is made tonight is
going to define what happens in that district. Mr. Marcin stated he is not against their
house per say but it is about the entire district and having some rules in place that keep it
where it should be.
Karen StumpO. 10 N.E. 6th Street. Delrav Beach (her property is
located directly behind the subject property). stated their Florida room is in the back
of their house and with the second story and the way it is proposed it is going to be
looking into their Florida room. She stated she supports renovating the property but
would like to see that it stays consistent with all the other homes in the area. She stated
there are all one story homes on their block (i.e. N.E. 6th Street, Lake Court, and Swinton
Avenue). She stated although there are other two story homes in the district but not right
in this area and she feels it will ruin the streetscape. Mrs. Stumpfl urged the Commission
to make their decision based on the LDR's. She stated if they can meet the style and
scope architecturally with the neighborhood she is fine with that. She urged the
Commission to listen to the residents who live here in the Del-Ida Park community and
not just a developer who may potentially be in this for the money. She stated she
believes this project is not necessarily going to be for their home but instead is going to
be a proj ect where they are going to resell once they build. She urged the Commission to
approve the appeal.
Gary Eliopoulos. stated he owns a home at 101 Dixie Hif!hwav. Delrav
Beach (behind the subject property). stated this is a new structure and it should be
compatible and respectful to the other two story structures within the district. He stated
the applicant has made a conscious effort in reducing the upper story setbacks and
commented about the second story step back and in his opinion this is being respectful
and is being aware of your neighbors. He commented about the height and feels the
applicant is respectful to that in the fact that they are only at 25 feet and can actually go
to 35 feet. He stated this house is not a Key West style but is leaning towards the style of
Anglo-Caribbean (which is Danish). He agrees with staff with regard to windows,
proportions, etc. because they should relate and be respectful of that style.
The following appellant gave a brief cross-examination:
Hayden Burrus asked Mr. Weiner if there is any reason why the Floor
Area Ratio (FAR) should not be considered for this property and it was considered by the
City in two previous rulings and were overruled by the Historic Preservation Board
(HPB). Mr. Weiner stated the other two were not considered after a demolition and with
this particular one there is a demolition and a complete new structure. Mr. Weiner stated
with Mr. Rosenbaum things were being added and the other was a vacant lot. Mr.
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09/05/06
Weiner reiterated that this is a demolition.
Mr. Burrus asked Mr. Weiner ifhe was aware that 112 N.E. ih Street that
the City previously ruled on was a demolition property. Mr. Weiner stated the house was
already gone when they were talking about this and more than one lot was being
discussed.
Mr. Dorling stated for the record Mrs. Landry made a reference to the
May 17, 2006 staff report and the reference that there were no required findings. This
action is being appealed before you for the August 2, 2006 meeting and there was a staff
report made for that and all the required findings were made. Mr. Dorling stated contrary
to what Mr. Weiner stated, the LDR's do require that new construction is compatible with
the historic architecture of the district. Staff believes the approval should be upheld as
originally recommended by staff; however, request that the original staff conditions that
were recommended be added at this time to make the structure more architecturally
compatible as required by the LDR's.
The following Appellants came forward to give a rebuttal:
Hayden Burrus (Appellant) stated they are talking about a proposed
structure not about whether or not the house should remain as is. In addition, Mr.
Hayden made reference to Mr. Ames' letter and noted that Mr. Weiner states that Mr.
Ames' likes the site of the house; however, Mr. Burrus stated this is not true and read a
sentence from the letter into the record. He stated as staff points out with regard to LDR
Section 4.5.1(E)(7), the Historic Preservation Board must compare to historic buildings
not to new buildings. Mr. Burrus stated the correct verbiage was~presented; however, he
did not highlight the words "historic buildings" which is the critical phrase. He stated he
has a letter from an architect strongly encouraging some changes and noted that the
designer who previously spoke is not an architect and Mr. Eliopoulos is an architect who
did not make any mention ofthe LDR's.
Livia Landry (Appellant) stated Mr. Weiner made reference to Section
4.5.1(E)(8) with regard to stating that this property is not an addition; however, during
the demolition appeal which actually references LDR Section 4.5.1.(E)(8) and how this
property complies with all of those. She stated she believes it is used for new
construction but finds it interesting that he used it and now Mr. Weiner says that we
should not use it because it only applies to additions. Mrs. Landry stated she would like
to make it known that the Historic Preservation Planner uses Floor Area Ratio (FAR) and
did so in her staff reports and noted that Mrs. Dawson is being allowed to remove a
structure that is contributing in size, mass, and scale to replace it with one that is not.
Mrs. Landry stated approximately 85% of the homes in Del-Ida Park are under 2,500
square feet and the more the City allows homes over are 3,000 square feet that figure will
go down and they will lose the character and integrity of the neighborhood. She stated
the house has a FAR of 27% and the lot that the subject property is on is 7,700 square
feet.
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09/05/06
Michael Weiner (Appellee) stated rhythm goes up and down and stated in
the Design Guidelines the page shown by the appellant shows 2's and l's next to each
other. He displayed examples and stated they are not having that ratio of height to width.
He stated Randall Stofft has softened the second story and allows for single stories next
to two stories.
Mrs. Montague asked how the oval shaped windows fall into the overall
structure. Mr. Dorling stated this was a recommendation from the Historic Preservation
Planner to be more consistent with the vernacular style.
Warren Adams stated staff is trying to bring the house and the overall
architectural design more into line with the existing properties in the area. Staff is trying
to bring this more into line with the design of the rest of the houses. Therefore, staff felt
it was more appropriate to retain a similar window pattern throughout the facade. Mr.
Adams stated staffs purpose was to bring this more into line with the vernacular
properties which are in the Del-Ida Park Historic District and he is not aware of any
vernacular style properties in the district which have oval shaped Victorian influenced
windows in them.
Mr. Fetzer stated the oval windows is one of five different areas that staff
has recommended in addition to what the Historic Preservation Board (HPB) approved
and asked Mr. Adams to expand on the other four areas and why they are architecturally
important to make this compatible. With regard to the roof pitches, Mr. Adams stated
reducing the pitch would be dependent on whether the roof pitch could be reduced
because of the standing cement metal roof finish and would help reduce the overall
massing of the house. Mr. Adams stated the reason he suggested removing the louvers is
because it appears that the raised areas and part the roofs have only been introduced to
accommodate the louvers. He stated if the actual extra addition onto the pitch was done
away with and the louvers remain then it would not be a problem. Mr. Adams stated the
porch remains more of a Victorian style and was not consistent with what exists in the
area.
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 ofthe minutes).
The City Attorney stated the City Commission approves the Certificate of
Appropriateness (COA) denying the appeal and upholding the decision of the Historic
Preservation Board (HPB) subject to the conditions numerated as #1, #2, #6 and #8 on
Page 2 of the Planning and Zoning staff report.
Mr. Levinson moved to approve the Certificate of Appropriateness (COA)
denying the appeal and upholding the decision of the Historic Preservation Board (HPB)
subject to the conditions numerated as #1, #2, #6 and #8 on Page 2 of the Planning and
Zoning staff report, seconded by Mr. Fetzer. Upon roll call the Commission voted as
follows: Mrs. Montague - Yes; Mayor Perlman - Yes; Mr. Fetzer - Yes; Mr. Levinson-
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09/05/06
Yes. Said motion passed with a 4 to 0 vote.
Mr. Levinson moved to approve the Board Order as stated, seconded by
Mrs. Montague. Upon roll call the Commission voted as follows: Mayor Perlman - Yes;
Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes. Said motion passed with a
4 to 0 vote.
At this time, the Commission moved to Item 9.C., of the Regular
Agenda.
9.C. RESOLUTION NO. 59-06/COMMUNITY REDEVELOPMENT
AGENCY (CRA): Consider approval of Resolution No. 59-06 and a request for
proposal from the Community Redevelopment Agency (CRA) for a line of credit up to
$7,000,000 to fund construction and redevelopment of affordable housing units.
Mayor Perlman declared a conflict of interest, stepped down from the dais,
and passed the gavel to Deputy Vice Mayor Fetzer.
The caption of Resolution 59-06 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA,
AUTHORIZING THE DELRA Y BEACH COMMUNITY
REDEVELOPMENT AGENCY (THE "AGENCY") TO
ISSUE TAX INCREMENT REDEVELOPMENT
REVENUE NOTES, IN ONE OR MORE SERIES (THE
"NOTES"), IN THE AGGREGATE PRINCIPAL
AMOUNT OF NOT TO EXCEED SEVEN MILLION
DOLLARS ($7,000,000) TO BE OUTSTANDING AT
ANY ONE TIME, UPON TERMS HEREINAFTER
DESCRIBED; AUTHORIZING THE PROPER
OFFICIALS OF THE CITY TO DO ALL OTHER
THINGS NECESSARY TO ASSIST THE AGENCY IN
THE ISSUANCE OF THE NOTES; AND PROVIDING
FOR AN EFFECTNE DATE.
(The official copy of Resolution No. 59-06 is on file in the City Clerk's
office. )
Mr. Levinson moved to approve Resolution No. 59-06, seconded by Mrs.
Montague. Upon roll call the Commission voted as follows: Deputy Vice Mayor Fetzer
- Yes; Mr. Levinson - Yes; Mrs. Montague - Yes. Said motion passed with a 3 to 0
vote.
At this point, the time being 8:37 p.m., the Commission moved to the duly
advertised Public Hearings portion of the Agenda.
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09/05/06
10.
10.A. RESOLUTION NO. 55-06 (TENTATIVE MILLAGE LEVY): A
resolution tentatively levying a tax on all properties within the City of Delray Beach for
operation and maintenance and for payment of principal and interest on bonded
indebtedness for FY 2007. Prior to passage of this resolution, a public hearing has been
scheduled to be held at this time.
PUBLIC HEARINGS:
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.
The City Attorney announced this resolution levies a tax on all properties
in the City of Delray Beach for fiscal year 2007. The operating millage is 6.86 while
debt service millage remains at 0.44. The rolled back rate calculated under the TRIM law
for operating purposes is 5.9464 mills. The tentative millage rate at 7.30 mills would be
16.52% above the rolled back rate.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Resolution No. 55-06,
the public hearing was closed.
Mr. Levinson moved to approve Resolution No. 55-06, seconded by Mrs.
Montague. Upon roll call the Commission voted as follows: Mr. Fetzer - Yes; Mr.
Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes. Said motion passed with
a 4 to 0 vote.
10.B. RESOLUTION NO. 56-06 (TENTATIVE MILLAGE LEVY/DDA): A
resolution tentatively levying a tax on all properties within the Downtown Development
Authority Taxing District of the City of Delray Beach for FY 2007. Prior to passage of
this resolution, a public hearing has been scheduled to be held at this time.
The caption of Resolution No. 56-06 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, TO TENTATIVELY LEVY
A TAX ON ALL PROPERTIES WITHIN THE
DOWNTOWN DEVELOPMENT AUTHORITY TAXING
DISTRICT OF THE CITY OF DELRA Y BEACH,
FLORIDA, FOR MAINTENANCE AND OPERATION,
AND TO APPROPRIATE SAID COLLECTIONS
THEREUNDER.
(The official copy of Resolution No. 56-06 is on file in the City Clerk's
office. )
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 Del ray Beach, Florida.
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09/05/06
The City Attorney stated this resolution levies a tax in the amount of 1.00
mill on all properties within the Downtown Development Authority (DDA) Taxing
District of the City of Delray Beach for fiscal year 2007. This millage exceeds the
0.7152 rolled back rate calculated under the TRIM law by 39.82%.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Resolution No. 56-06,
the public hearing was closed.
Mrs. Montague moved to approve Resolution No. 56-06, seconded by Mr.
Fetzer. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Mrs.
Montague - Yes; Mayor Perlman - Yes; Mr. Fetzer - Yes. Said motion passed with a 4
to 0 vote.
to.C. RESOLUTION NO. 57-06 (TENTATIVE BUDGET ADOPTION
FOR FY 2007): A resolution tentatively making appropriations of sums of money for all
necessary expenditures of the City of Delray Beach for the period October 1, 2006
through September 30, 2007. Prior to passage of this resolution, a public hearing has
been scheduled to be held at this time.
The caption of Resolution No. 57-06 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
MAKING TENTATIVE APPROPRIATIONS OF
SUMS OF MONEY FOR ALL NECESSARY
EXPENDITURES OF THE CITY OF DELRA Y
BEACH FOR THE PERIOD FROM THE 1 8t DAY OF
OCTOBER, 2006, TO THE 30th DAY OF
SEPTEMBER, 2007; TO PRESCRIBE THE TERMS,
CONDITIONS AND PROVISIONS WITH RESPECT
TO THE ITEMS OF APPROPRIATIONS AND THEIR
PAYMENT; AND TO REPEAL ALL RESOLUTIONS
WHOLLY IN CONFLICT WITH THIS RESOLUTION
AND ALL RESOLUTIONS INCONSISTENT WITH
THIS RESOLUTION TO THE EXTENT OF SUCH
INCONSISTENCY.
(The official copy of Resolution No. 57-06 is on file in the City Clerk's
office. )
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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09/05/06
The City Manager stated this item is the proposed budget for fiscal year
2006-2007 and the tentative appropriations are set forth in Exhibit "A" to the resolution.
The additional funds provided at 7.30 mills are shown under "Reserves".
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Resolution No. 57-06,
the public hearing was closed.
Mayor Perlman asked if there is a management package for the Police
Department. In response, the City Manager stated there is a management package for the
Police Department.
Mr. Levinson asked if the Commission will receive new pages. The City
Manager stated staff has been doing adjustments as they go along and can create a
summary sheet.
Mr. Fetzer moved to approve Resolution No. 57-06, seconded by Mrs.
Montague. Upon roll call the Commission voted as follows: Mrs. Montague - Yes;
Mayor Perlman - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes. Said motion passed with a
4 to 0 vote.
10.D. ORDINANCE NO. 46-06: City initiated amendment to Land
Development Regulations (LDR) Section 4.3.3, "Specific Requirements for Specific
Uses" by enacting a new section 4.3.3 (00), "Multifamily Residential Buildings
Equipped with Elevators" to require the installation of auxiliary power generators for all
interior corridor lighting and exit signs; and at least one (1) public elevator.
The caption of Ordinance No. 46-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY
BEACH, FLORIDA, BY AMENDING CHAPTER
FOUR "ZONING REGULATIONS", SECTION 4.3.3,
"SPECIAL REQUIREMENTS FOR SPECIFIC USES",
BY ENACTING A NEW SECTION 4.3.3(00),
"MULTIFAMILY RESIDENTIAL BUILDINGS
EQUIPPED WITH ELEVATORS", TO REQUIRE
THAT ALL NEW MULTIFAMILY RESIDENTIAL
BUILDINGS THAT ARE EQUIPPED WITH PUBLIC
ELEV ATORS AND APPLY FOR A BUILDING
PERMIT AFTER THE EFFECTIVE DATE OF THIS
ORDINANCE PROVIDE AUXILIARY POWER
GENERATORS FOR ALL INTERIOR CORRIDOR
LIGHTING AND EXIT SIGNS AND AT LEAST ONE
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09/05/06
(1) PUBLIC ELEVATOR AND CERTAIN EXISTING
MULTIFAMILY RESIDENTIAL BUILDINGS THAT
ARE EQUIPPED WITH PUBLIC ELEVATORS
SHALL HAVE SIX (6) YEARS FROM THE
EFFECTIVE DATE OF THIS ORDINANCE TO
PROVIDE SAME; PROVIDING FOR THE WAIVER
OF BUILDING PERMIT FEES; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER AND
AN EFFECTIVE DATE.
(The official copy of Ordinance No. 46-06 is on file in the City Clerk's
office.)
A public hearing was held having been legally advertised in compliance
with the laws ofthe State of Florida and the Charter ofthe 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 Resolution No. 46-06,
the public hearing was closed.
Mr. Fetzer moved to adopt Ordinance No. 46-06 on Second and FINAL
Reading, seconded by Mrs. Montague. Upon roll call the Commission voted as follows:
Mayor Perlman - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes.
Said motion passed with a 4 to 0 vote.
to.E. ORDINANCE NO. 45-06: City initiated amendment to Land
Development Regulations (LDR) Section 4.4.13, "Central Business District", to provide
regulations relating to office uses on the ground floor along Atlantic Avenue extending
from 1-95 to Ocean Boulevard. If passed, a public hearing will be scheduled for
September 19, 2006.
The caption of Ordinance No. 45-06 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 4.4.13, "CENTRAL
BUSINESS DISTRICT", SUBSECTION (B)(2),
"PRINCIPAL USES AND STRUCTURES
PERMITTED", SUBSECTION (D)(5), "CONDITIONAL
USES AND STRUCTURES ALLOWED", AND
SUBSECTION (H)(1), "SPECIAL REGULATIONS", TO
PROVIDE REGULATIONS RELATING TO OFFICE
USES ON THE GROUND FLOOR ALONG ATLANTIC
AVENUE EXTENDING FROM 1-95 TO OCEAN
BOULEVARD; PROVIDING A SAVING CLAUSE, A
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09/05/06
GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 45-06 is on file in the City Clerk's
office.)
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.
The City Attorney read the caption of the ordinance.
Mr. Dorling suggested that the language in the ordinance be changed to
"buildings that have an entry from and/or windows along and/or frontage along Atlantic
Avenue."
Mr. Levinson stated it is not the building but it is the space.
Brief discussion between staff and the Commission followed.
Mr. Dorling stated he will work on amending the language In the
ordinance for better clarification.
Mr. Fetzer moved to table to a date certain of September 19,2006 at 7:00
p.m., seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr.
Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes. Said
motion passed with a 4 to 0 vote.
At this point, the Commission moved to Item 11, Comments and
Inquiries on Non-Agenda Items from the City Manager and the Public.
11.A.
City Manal!er's response to prior public comments and inquiries.
The City Manager had no comments or inquires on prior public comments
and inquiries.
11.B. From the Public.
11.B.1. Steven Gerken. 348 N.E. 1 st Avenue. Delrav Beach. stated a homeowner
on N.E. 1st Avenue and a property owner, who currently demolished the Post Office and
the Publix Supermarket, has not maintained the site. He stated since the buildings were
demolished the property has been left in poor condition and commented that fencing is
encroaching on parts ofN.E. 1st Avenue whereby two cars cannot pass at the same time
in certain sections along 1 st Avenue. He stated some of the fence is being held down by
sandbags (this is the section that is on the road). He stated the majority of the fence is not
screened and therefore suggested that the screening be full height. He stated there is no
maintenance of overgrown grass and weeds outside the fence perimeter in addition to the
poor lighting along the street. Mr. Gerken stated there is improper use at the south end of
the property whereby the City Walk developer and contractor are utilizing this area as a
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09/05/06
staging site (i.e. dumpster that is overflowing and various items laying next to the
dumpster and big deliveries are occurring here). In addition, Mr. Gerken stated the south
end of the site has no sidewalk and you cannot push a stroller or walk a dog.
Mayor Perlman stated the City Manager will research this and have an
answer for Mr. Gerken at the September 19th meeting.
1l.B.2. Connie Dennehy. 2717 Florida Boulevard. Delray Beach #121. stated
she has questions regarding the Budget but unfortunately missed the opportunity this
evening to speak under Public Hearings.
Mayor Perlman informed Ms. Dennehy that she is welcome to attend the
meeting on September 19th (Budget Adoption Hearing) and she will have the opportunity
to speak regarding the Budget.
1l.B.3. Annette Annechild. 300 N. Swinton Avenue. Delray Beach. echoed
comments expressed by Mr. Gerken and stated she almost tripped and fell because there
is no sidewalk at the south end ofthe site (N.E. 1st Avenue). She stated people who have
pets use this road often and noted the conditions of the sidewalk are dangerous. She
stated this road is overflowing with trash, the fence is broken, the area is used for staging,
and reiterated that the sidewalk area is dangerous.
1l.B.4. Harriett Zahn. 350 N.E. 7th Avenue. Delray Beach. stated she will be
back on September 19th to express concern about the Budget.
Commissioner Levinson suggested that Ms. Zahn write or call ahead of
time regarding her concerns. Mayor Perlman suggested email as well.
1l.B.5. Shirley Johnson. 701 N.W. 4th Street. Delray Beach (Chairperson of
Delray Citizens for Election Reform). commented about a recent article in the Palm
Beach Post sponsored by the Progressive Residents of Delray (P.R.O.D.) and their
referendum to change how the City Commission is elected. Ms. Johnson continued to
read a statement into the record.
1l.B.6. Alice Finst. 707 Place Tavant. Delray Beach. stated several months ago
she spoke about conditions of demolitions and one of the things she suggested was that
something be put in that requires that the grounds be taken care of, the grass be installed,
and some kind of ground cover be put in. Mrs. Finst stated she does not believe it was
ever acted upon. She commented about a property located on Pineapple Grove Way and
noted The Strand is in a state of holding while they see what the market is doing. She
stated on Federal Highway there are also a few areas of concern. She suggested as a
condition of demolition that the City requires the person to take care of the property after
the demolition and not leave it in the condition that was reported tonight. Mrs. Finst
urged the Commission to get these properties under control so that they are not eyesores.
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09/05/06
At this point, the time being 8:57 p.m., the Commission moved to Item
9.B., of the Regular Agenda.
9.B. AGREEMENT/HORSE DRAWN CARRIAGES. INC.: Consider
approval of an agreement between the City and Horse Drawn Carriages, Inc. to provide
horse and carriage rides along Atlantic Avenue as specified from November I through
April 30, 2007.
Robert A. Barcinski, Assistant City Manager, stated this is an agreement
between the City of Delray Beach and Horse Drawn Carriages, Inc. to provide service
along Atlantic Avenue from November 1, 2006 through April 30, 2007. The proposed
schedule of service is as follows: November 1, 2006 through December 2, 2006
Wednesday through Saturday from 5:30 p.m. until 11:00 p.m., Sunday from 2:00 p.m.
until 7:00 p.m., weather permitting, from December 6, 2006 through January 7, 2007
daily from 5:30 p.m. until 11 :00 p.m., Sunday from 2:00 p.m. until 7:00 p.m., weather
permitting.
Prior to the vote, Mrs. Montague inquired if it was their option to go
beyond the Delray Affair. Mr. Barcinski stated the City Commission decided the date in
the contract. Mayor Perlman stated the thinking was that it starts to get warm that time of
year and they did not want the horse to be out in the hot weather.
Brief discussion continued between staff and the Commission. It was
noted that the Delray Affair will be held April 13-15, 2007.
Mr. Levinson moved to approve the agreement between the City of Delray
Beach and Horse Drawn Carriages, Inc. to provide horse and carriage rides along Atlantic
Avenue as specified from November 1 through April 30, 2007, seconded by Mr. Fetzer.
Upon roll call the Commission voted as follows: Mr. Fetzer - Yes; Mr. Levinson - Yes;
Mrs. Montague - Yes; Mayor Perlman - No. Said motion passed with a 3 to 1 vote,
Mayor Perlman dissenting.
9.D. SETTLEMENT OFFER/AYALA V. CITY: Consider a Settlement
Offer in the amount of $72,750.00 in Ayala v. City. Staff recommendation is acceptance.
At this point, the time being 9:00 p.m., Mr. Levinson left the meeting.
The City Attorney stated this is a settlement offer in the amount of
$72,750.00 resulting from a City vehicle which hit the Plaintiff from the rear. She stated
the Plaintiff has alleged injuries to her back as a result of this accident and has had
surgery on her back. Staff recommends approval of the settlement offer.
Mrs. Montague moved to approve the settlement offer in the amount of
$72,750.00 in Ayala v. City of Delray Beach, seconded by Mr. Fetzer. Upon roll call the
Commission voted as follows: Mrs. Montague - Yes; Mayor Perlman - Yes; Mr. Fetzer
- Yes. Said motion passed with a 3 to 0 vote.
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09/05/06
9.E. COMMUNICATIONS AND MARKETING PROPOSAL: Consider
approval of the proposal from Kaye Communications for Communications and Marketing
work for the City and provide direction regarding the term of the contract.
Doug Smith, Assistant City Manager, stated staff obtained additional
proposals following up to the one already obtained for communications and marketing
services. The City received proposals from the following firms: Kaye Communications
(Boca Raton), Brand Guy (Palm Beach), Kaliah Communications (Lake Worth), and
Ambit Marketing (Fort Lauderdale). Staff recommends approval of the proposal from
Kaye Communications. Mr. Smith stated one of the strategies outlined in their proposal
seemed to directly address the Commission's desire for reaching out to the residents more
effectively. Their pricing in the proposal is recommended to be on a retainer basis with
the first three months at $5,500.00 and decreasing to $3,500.00 for a total of $48,000.00
for one year if the Commission elects to go with this company. As an alternative, they
are agreeable to a shorter term agreement of three months that could be extended with an
option to extend that for a longer term. Mr. Smith stated for any of the proposals that the
Commission may wish to entertain, staff can bring back an agreement with one of the
firms or as an alternative if they wish to hear presentations from one or more ofthe firm's
staff can arrange this as well.
Mrs. Montague and Mr. Fetzer stated they would like to have a
presentation at the Special/W orkshop Meeting.
Mayor Perlman stated he does not feel the City needs to be spending the
money on expertise but should put the money into the distribution.
After brief discussion, it was the consensus of the Commission to discuss
this further at the Special/W orkshop Meeting of September 12, 2006.
9.F. APPOINTMENT TO THE CODE ENFORCEMENT BOARD:
Appoint one (1) alternate member to the Code Enforcement Board for an unexpired term
ending January 14, 2007. Based upon the rotation system, the appointment will be made
by Commissioner Fetzer (Seat #2).
Mr. Fetzer moved to appoint Stanley Brodka to the Code Enforcement
Board for an unexpired term ending January 14, 2007, seconded by Mrs. Montague.
Upon roll call the Commission voted as follows: Mrs. Montague - Yes; Mayor Perlman
- Yes; Mr. Fetzer - Yes. Said motion passed with a 3 to 0 vote.
9.G. APPOINTMENT TO THE EDUCATION BOARD: Appoint one (1)
regular member to the Education Board for an unexpired term ending July 31, 2007.
Based upon the rotation system, the appointment will be made by Commissioner
Montague (Seat #4).
Mrs. Montague stated she would like to defer her appointment to the next
regular meeting of September 19, 2006.
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09/05/06
9.H. APPOINTMENT TO THE HISTORIC PRESERVATION BOARD:
Appoint one (I) regular member to the Historic Preservation Board to serve a two (2)
year term ending August 31, 2008. Based upon the rotation system, the appointment will
be made by Commissioner Ellis (Seat #1).
In the absence of Commissioner Ellis, Mayor Perlman stated this
appointment will be deferred as well.
9.1. APPOINTMENT TO THE SITE PLAN REVIEW AND
APPEARANCE BOARD: Appoint one (1) regular member to the Site Plan Review and
Appearance Board to serve a two (2) year term ending August 31, 2008. Based upon the
rotation system, the appointment will be made by Mayor Perlman (Seat #5).
Mayor Perlman stated he would like to appoint Frances Bennett as a
regular member to the Site Plan Review and Appearance Board to serve a two (2) year
term ending August 31, 2008. Mr. Fetzer so moved, seconded by Mrs. Montague. Upon
roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Fetzer - Yes; Mrs.
Montague - Yes. Said motion passed with a 3 to 0 vote.
9.J. THIS ITEM HAS BEEN DEFERRED TO THE REGULAR
MEETING OF SEPTEMBER 19. 2006.
9.1{. THIS ITEM HAS BEEN DEFERRED TO THE REGULAR
MEETING OF SEPTEMBER 19. 2006.
At this point, the time being 9:22 p.m., the Commission moved to Item
12, First Readings.
12.
FIRST READINGS:
12.A. ORDINANCE NO. 51-06: An ordinance amending Chapter 52, "Water"
of the City Code of Ordinances by amending Section 52.34, "Water Rates", to provide
for increased residential, nonresidential, and irrigation rates for FY 2007. If passed, a
public hearing will be scheduled for September 19, 2006.
The caption of Ordinance No. 51-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING CHAPTER 52, "WATER", OF THE
CODE OF ORDINANCES OF THE CITY OF
DELRA Y BEACH, BY AMENDING SECTION 52.34,
"WATER RATES", SUBSECTION 52.34(B), TO
PROVIDE FOR INCREASED RESIDENTIAL,
NONRESIDENTIAL AND IRRIGATION RATES FOR
FY 2007; PROVIDING A GENERAL REPEALER
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09/05/06
CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 51-06 is on file in the City Clerk's
office. )
The City Attorney read the caption ofthe ordinance.
Mr. Fetzer moved to approve Ordinance No. 51-06 on FIRST Reading,
seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mayor
Perlman - Yes; Mr. Fetzer - Yes; Mrs. Montague - Yes. Said motion passed with a 3 to
o vote.
12.8. ORDINANCE NO. 52-06: An ordinance amending Chapter 53,
"Sanitary Sewers", of the City Code of Ordinances by amending Section 53.130, "User
Charges; Wholesale Sewer Rates; Calculation of Sewer Surcharge", to provide for
increased sewer rates. If passed, a public hearing will be scheduled for September 19,
2006.
The caption of Ordinance No. 52-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING CHAPTER 53, "SANITARY SEWERS",
OF THE CODE OF ORDINANCES OF THE CITY OF
DELRA Y BEACH, BY AMENDING SECTION
53.130, "USER CHARGES; WHOLESALE SEWER
RATES; CALCULATION OF SEWER
SURCHARGE", SUBSECTION 53. 130(D), TO
PROVIDE FOR INCREASED RESIDENTIAL AND
NONRESIDENTIAL/COMMERCIAL RATES FOR
FY 2007; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 52-06 is on file in the City Clerk's
office. )
The City Attorney read the caption ofthe ordinance.
Mr. Fetzer moved to approve Ordinance No. 52-06 on FIRST Reading,
seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr.
Fetzer - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes. Said motion passed with a 3
to 0 vote.
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09/05/06
12.C. ORDINANCE NO. 50-06: An ordinance amending Chapter 51,
"Garbage and Trash", of the City Code of Ordinances by amending Section 51.70,
"Regular Charges Levied", to provide for increasing contracted garbage, trash, recycling,
vegetation, and bulk waste collection service rates by 3.0% for FY 2007. If passed, a
public hearing will be scheduled for September 19, 2006.
The caption of Ordinance No. 50-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING CHAPTER 51, "GARBAGE AND
TRASH", OF THE CODE OF ORDINANCES OF THE
CITY OF DELRA Y BEACH, BY AMENDING
SECTION 51.70, "REGULAR CHARGES LEVIED",
TO PROVIDE FOR INCREASED RESIDENTIAL
AND COMMERCIAL COLLECTION SERVICE
RATES FOR FY 2007; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND
AN EFFECTIVE DATE.
(The official copy of Ordinance No. 50-06 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance.
Mrs. Montague moved to approve Ordinance No. 50-06 on FIRST
Reading, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr.
Fetzer - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes. Said motion passed with a 3
to 0 vote.
t2.D. THIS ITEM HAS BEEN MOVED TO THE PUBLIC HEARINGS
PORTION OF THE AGENDA AS ITEM to.E.
12.E. ORDINANCE NO. 47-06: Amendment to the Land Development
Regulations to the Central Business District Section 4.4.13(H)(6) to allow residential
devel~ments on the ground floor along the west side of Pineapple Grove Way, between
NE 3r Street and NE 4th Street; and Section 4.4.13(F)(3) to reduce the 3rd floor setback
requirements for single use townhouse structures along Pineapple Grove Way. If passed,
a public hearing will be scheduled for September 19,2006.
The caption of Ordinance No. 47-06 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
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09/05/06
4.4. 13(F)(3), "BUILDING FRONTAGE AND
FRONT SETBACKS", AND SECTION 4.4. 13 (H),
"SPECIAL REGULATIONS", IN ORDER TO
ELIMINATE THE NONRESIDENTIAL
REQUIREMENTS FOR FIRST FLOORS
BETWEEN NE 3RD STREET AND NE 4TH STREET
ON THE WEST SIDE OF NW 2ND AVENUE AND
TO ADJUST SETBACKS; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 47-06 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance.
Paul Dorling, Director of Planning and Zoning, stated there are two
changes; one allowing residential uses along the ground floor along Pineapple Grove and
the other relating to a setback which is currently required by the Design Guidelines.
Several Boards did consider this ordinance and many recommended approval including
the Planning and Zoning Board.
Mr. Fetzer moved to approve Ordinance No. 47-06 on FIRST Reading,
seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mrs.
Montague - Yes; Mayor Perlman - Yes; Mr. Fetzer - Yes. Said motion passed with a 3
to 0 vote.
12.F. ORDINANCE NO. 37-06: City initiated amendment to Land
Development Regulations (LDR) repealing Section 4.6.19, "Tree Protection" and Section
2.4.6(E), "Tree Removal Permit" and enacting a new Section 4.6.19, "Tree Ordinance",
to provide for the regulation, pruning and preservation of trees including exceptional
specimen trees; establishing land clearing and tree removal regulations and permit fees as
well as the establishment of a tree trust fund; and amending Appendix "A",
"Definitions", to provide for definitions for various terms related to trees. If passed, a
public hearing will be scheduled for September 19, 2006.
The caption of Ordinance No. 37-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
REPEALING SECTION 4.6.19, "TREE
PROTECTION" AND SECTION 2.4.6 (E) "TREE
REMOVAL PERMIT" OF THE LAND
DEVELOPMENT REGULATIONS OF THE CODE
OF ORDINANCES OF THE CITY OF DELRA Y
BEACH AND ENACTING A NEW SECTION 4.6.19,
"TREE ORDINANCE" TO PROVIDE FOR THE
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09/05/06
REGULATION, PRUNING, AND PRESERVATION
OF TREES, INCLUDING HISTORIC TREES, AND
ESTABLISHING LAND CLEARING AND TREE
REMOVAL REGULATIONS AND PERMIT FEES AS
WELL AS THE ESTABLISHMENT OF A TREE
TRUST FUND; AMENDING APPENDIX "A"
DEFINITIONS, TO PROVIDE DEFINITIONS FOR
VARIOUS TERMS RELATED TO TREES;
PROVIDING A SAVINGS CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 37-06 is on file in the City Clerk's
office. )
The City Attorney read the caption of the ordinance.
The City Manager stated he raised concerns about the definition of
"exceptional specimen trees".
Mrs. Montague moved to approve Ordinance No. 37-06 on FIRST
Reading, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows:
Mayor Perlman - Yes; Mr. Fetzer - Yes; Mrs. Montague - Yes. Said motion passed with
a 3 to 0 vote.
12.G. ORDINANCE NO. 48-06: Amendment to the Land Development
Regulations Section 4.6.9(C)(3) to establish parking requirements for Personal Service
Providers and modifying Appendix "A" "Definitions" to provide a definition for
"Personal Service Providers". If passed, a public hearing will be scheduled for
September 19,2006.
The caption of Ordinance No. 48-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF CODE OF ORDINANCES, BY
AMENDING SECTION 4.6.9(C), "NUMBER OF
PARKING SPACES REQUIRED", SUBSECTION
4.6.9(C)(3), "REQUIREMENTS FOR COMMERCIAL
USES"; AMENDING APPENDIX A, "DEFINITIONS",
TO PROVIDE FOR A DEFINITION AND PARKING
REGULATIONS REGARDING PERSONAL SERVICE
PROVIDERS; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 48-06 is on file in the City Clerk's
- 29-
09/05/06
office.)
The City Attorney read the caption of the ordinance.
Scott Aronson, Parking Management Specialist, stated the City initiated
text amendment is to establish parking requirements for "Personal Service Providers" and
definitions therefore. Personal Service Providers will be beauty salons, spas, etc.
providing manicuring, pedicures, facials, massages, etc. For those facilities in excess of
5,000 square feet, staff has realized that they need more parking than just the 4.5 spaces
for commercial. After comprehensive research, staff determined that the 4.5 plus ~
space per service provider kiosk within that large commercial operation would be
appropriate.
Mrs. Montague moved to approve Ordinance No. 48-06 on FIRST
Reading, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr.
Fetzer - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes. Said motion passed with a 3
to 0 vote.
12.H. ORDINANCE NO. 49-06: Amendment to the Land Development
Regulations Section 2.4.7(E) "Appeals" in order to clarify the appeals process. If passed,
a public hearing will be scheduled for September 19,2006.
The caption of Ordinance No. 49-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRA Y
BEACH, FLORIDA, BY AMENDING SECTION
2.4.7(E), "APPEALS" TO CLARIFY THE
DEFINITION OF "APPEALS"; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING
CLAUSE AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 49-06 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance.
Mrs. Montague moved to approve Ordinance No. 49-06 on FIRST
Reading, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr.
Fetzer - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes. Said motion passed with a 3
to 0 vote.
- 30-
09/05/06
12.1. ORDINANCE NO. 44-06: Annexation and associated small-scale Future
Land Use Map amendment from the County LR-1 (Low Residential 1 du/ac) to City LD
(Low Density Residential 0-5 du/ac) and rezoning from County AR (Agricultural
Residential) to City R-l-AA (Single Family Residential) for a 0.72 acre property located
at 2200 Lake Drive. If passed, a public hearing will be scheduled for September 19,
2006.
The caption of Ordinance No. 44-06 is as follows:
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
NORTHWEST CORNER OF LAKE DRIVE AND NW 22ND
STREET, AS MORE PARTICULARLY DESCRffiED HEREIN,
WHICH LAND IS CONTIGUOUS TO THE EXISTING
MUNICIP AL 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 LD (LOW DENSITY
RESIDENTIAL 0-5 DU/ AC) 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 R-1-AA (SINGLE FAMILY RESIDENTIAL);
PROVIDING A GENERAL REPEALER CLAUSE, PROVIDING A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 44-06 is on file in the City Clerk's
office. )
The City Attorney read the caption of the ordinance.
Paul Dorling, Director of Planning and Zoning, stated this is a single
family lot in the north part of the City. He stated it was located in the City of Boynton
Beach and has been de-annexed and is now seeking annexation into the City of Delray
Beach with a similar zoning and land use as the surrounding subdivision.
Mr. Fetzer moved to approve Ordinance No. 44-06 on FIRST Reading,
seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mrs.
Montague - Yes; Mayor Perlman - Yes; Mr. Fetzer - Yes. Said motion passed with a 3
to 0 vote.
At this point, the Commission moved to Item 13, Comments and
Inquiries on Non-Agenda Items.
- 31 -
09/05/06
13.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13.A.
City Manae:er
The City Manager apologized for his evaluation and the City Attorney's
evaluation being placed on the September 5th Agenda. He stated there was a
miscommunication and he will place both evaluations on September 19th Agenda.
Secondly, he and Mr. Barcinski will be attending the City Manager's
convention. The City Manager stated they are leaving this weekend and will be back
Wednesday, September 13th. Therefore, Doug Smith, Assistant City Manager, will be in
charge while they are out. The City Manager stated Robert Barcinski will be recognized
by lCMA for thirty years of service.
Mayor Perlman suggested that something be done for Mr. Barcinski for
his thirty years of service to local government.
13.B. City Attornev
The City Attorney had no comments or inquiries on non-agenda items.
13.C.
City Commission
13.C.1.
Mr. Fetzer
Mr. Fetzer commented about the discussion at the September 19th meeting
regarding the final Public Hearing for the Budget. Mr. Fetzer stated since the
Commission will have one more opportunity to reduce the millage rate further he
suggested that the Commission have further discussion at the Workshop meeting
regarding possibly reducing millage rate. In addition, Mr. Fetzer commented about the
video streaming as an alternative to live broadcast and suggested that this be included as
part of the Budget discussion as well.
I3.C.2.
Mrs. Montae:ue
Mrs. Montague had no comments or inquiries on non-agenda items.
I3.C.3.
Mavor Perlman
Mayor Perlman stated he attended the Labor Day Challenge yesterday and
the Police Chief came in third out of three Chiefs. He stated they won the stand up
comedy competition, the basketball competition, and the relay race. Mayor Perlman
stated it was a great event and they raised additional money for Police charities.
Secondly, Mayor Perlman commented about the letter from the Wayside
House and stated he has been holding off responding to them because he would like to
- 32-
09/05/06
know what the consensus of the Commission is on this issue. Mayor Perlman stated the
Committee did not recommend funding and he suggested that this be discussed at the
September 1 ih Workshop meeting.
There being no further business, Mayor Perlman declared the meeting
adjourned at 9:38 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 ofthe Regular City Commission Meeting held
on September 5, 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 -
09105/06
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH. FLORIDA
LIVIA LANDRY AND HAYDEN BURRUS
Appellant(s),
vs.
SHANNON DAWSON,
Appellee.
I
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA FOR 527 N. SWINTON AVE.
1. This appeal of an approval of a certificate of appropriateness for
construction of a new two story residence for the property at 527 N. Swinton Avenue
came before the City Commission on September 5, 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 527 N. Swinton Avenue. All of the evidence is a part of the record
in this case. Required findings are made in accordance with Subsections I, II and III.
I. LDR REQUIREMENTS
a. Pursuant to LOR Section 2.4.6(H)(5), the Board must make a finding that any
Certificate of Appropriateness which is to be approved is consistent with Historic
Preservation purposes pursuant to Objective A-4 of the Future Land Use Element of the
Comprehensive Plan and specifically with the provisions of LOR Section 4.5.1.
Future Land Use Element Obiective A-4: The redevelopment of land and buildings shall
provide for the preservation of historic resources. The objective shall be met through
continued adherence to the City's Historic Preservation Ordinance and the following
policies:
Policv A-4.1: Prior to approval or recommending approval of any land use or
development application for property located within a historic district or designated as a
historic site, the Historic Preservation Board must make a finding that the requested
action is consistent with the provisions of Section 4.5.1 of the Land Development
Regulations relating to historic sites and districts and the "De/ray Beach Historic
Preservation Design Guidelines".
r.+-cm OJ.A.
b. LOR Section 4.5.1 (E)(4), 4.5.1 (E)(7) and 4.5.1 (E)(8), "Development
Standards" provides guidelines in evaluating Certificates of Appropriateness for the
alteration or addition of exterior architectural features. The guidelines are as follows:
(E)(4) A historic site, or building, structure, site improvement, or appurtenance within
a historic district shall be altered, restored, preserved, repaired, relocated,
demolished, or otherwise changed in accordance with the Secretary of
Interior's Standards for Rehabilitation, as amended from time to time.
(E)(7) The construction of new buildings or structures, or the relocation~ alteration,
reconstruction, or major repair or maintenance of a non-contributing building or
structure within a designated historic district shall meet the same compatibility
standards as any material change in the exterior appearance of an existing
non-contributing building. Any material change in the exterior appearance if
any existing non-contributing building, structure, or appurtenance in a
designated historic district shall be generally compatible with the form,
proportion, mass, configuration, building material, texture, color, and location
of historic buildings, structures, or sites adjoining or reasonably approximate to
the non-contributing building, structure, or site.
(E)(8) All improvement to buildings, structures, and appurtenances within a
designated historic district shall be visually compatible. Visual compatibility
can include but is not limited to: (a) height, (b) front fa~de proportion, (c)
proportion of openings (windows and doors), (d) rhythm of solids to voids:
front facades, (e) rhythm of buildings on streets, (f) rhythm of entrance and/or
porch projections, (g) consistency in relation to materials, texture, color, (h)
roof shapes, (i) walls of continuity, 0) scale of a building, and (k) directional
expression of a front elevation.
Have the "LOR's been met?
Yes 3 No 1
III. OELRAY BEACH HISTORIC PRESERVATION DESIGN GUIDELINES:
The Delray Beach Historic Preservation Design Guidelines recommend the
following with respect to new construction:
. The relationship of new construction adjacent to significant historic resources can
either enhance or detract from the historic setting of the district.
.
2
. All new construction should compliment the historic architecture of the district.
New construction should not create a false sense of historical development by
utilizing conjectural features of stylistic elements taken from other buildings.
. For buildings where additional height is allowed, stepping back the upper stories
may help to minimize the difference as viewed from the street.
. The height of any new building should be similar to those of other buildings along
the streetscape.
. Materials should be compatible in quality, color, texture, finish and dimension to
those commonly found in the historic district.
. The character of the massing should be compatible with the surrounding
buildings.
Have the overall objectives of the Delray Beach Historic Preservation
Design Guidelines been met?
Yes 3 No 1
IV. THE SECRETARY OF THE INTERIOR'S STANDARDS FOR
REHABILITATION:
The Secretary of the Interior's Standards for Rehabilitation recommend:
Each property shall be recognized a~ a physical record of its time, place, and use.
Changes that create a false sense of historical development, such as adding conjectural
features or architectural elements from other buildings, shall not be undertaken.
(Standard #3)
New additions, exterior alterations, or related new construction shall not destroy historic
materials that characterize the property. The new work shall be differentiated from the
old and shall be compatible with the massing, size, scale, and architectural features to
protect the historic integrity of the property and its environment. (Standard #9)
New additions and adjacent or related new construction shall be undertaken in such a
manner that if removed in the future, the essential form and integrity of the historic
property and its environment would be unimpaired. (Standard #10)
Have the overall objectives of the Secretary of the Interior's
Standards for Rehabilitation been met?
Yes 3 No 1
3
3. The City Commission applied the 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 X
denies _ the certificate of appropriateness thereby denying the appeal and
upholding the decision of the Historic Preservation Board subject to conditions 1, 2, 6
and 8 that were contained on Page 2 of the Staff Report and as attached hereto as
Exhibit" A", which is incorporated as if fully set forth herein. This Order is adopted this
5th day of September, 2006, by a vote of 4
ATTEST:
~~~~aS)~.~~~
Chevelle Nubin
City Clerk
4
Exhibit "An
1. That the plans indicate the location of the pool equipment and AC units;
2. That brick pavers be installed on the driveway from the sidewalk to the start of
the concrete wheel strips as well as the walkway to the house and that the
concrete wheel strips are approved by the Engineering and Landscaping
Departments;
6. That the oval-shaped windows be replaced with rectangular or square windows;
8. That all landscape technical items be complied with, as outlined in the Staff
Report.
5
FORM 88 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL. AND OTHER lOCAL PUBLIC OFFICERS
LAST NAME-FIRST NAME-MIDDLE NAME NAME OF BOARD. COUNCIl, COMMISSION, AUTHORITY, OR COMMITTEE
Perlman, Jeffrey L. Delrav Beach City Commission
MAJUNG ADDRESS THE BOARD. COUNCIl, COMMISSION. AUTHORITY OR COMMITTEE ON
Q71 n..l,........ T -~-__ . WHICH I SERVE IS A UNIT OF:
CITY COUNTY II:CITY Q COUNTY Q OTHER LOCAl AGENCY
Delray Beach, Fl. 33444 Palm Beach NAME OF POLmCAL SUBDIVISION:
City of Delray Beach
DATE ON WHICH VOTE OCCURReD MY POSITION IS:
9/5/06 ~ ELECTIVE Q APPOINTIVE
WHO MUST FILE FORM 88
This form Is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting
conflict of Interest under Section 112.3143, Florida Statutes.
. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing the reverse side and filing the form.
.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a me&-
sure which Inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (Including the
parent. Qrganlzation or subsidiary of a corporate principal by which he or she is retained); to the special private gain. or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected ona one-acre, one-vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a -relative- includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-In-law, and daughter-in-law. A "business associate- means any person or entity engaged In or carrying on a business
enterprise with the officer as a partner, jOint venturer, eoowner of property. or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
.
.
.
.
.
.
.
.
*
*
.
.
*
*
.
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this fonn with the person responsible for recording the min-
utes of the meeting, who should Incorporate the form In the minutes.
.
.
*
.
*
*
*
*
.
.
*
.
.
*
.
*
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described aboVe, you otherwise may participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to Influence the decision, whether orally or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTEWIU BE
TAKEN:
. You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who will Incorporate the fonn in the minutes. (Continued on other side)
CE FORM 88 - EFF. 112000
Item 9.C
PAGE 1
APPOINTED OFFICERS (continued)
· A copy of the form must be provldedimmediately to the other members of the agency.
· The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
· You must disclose orally the nature of your conflict in the measure before participating.
· You must complete the form and file it Within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting, who must Incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I, Jeffrey Perlman
, hereby disclose that on
September 5,
. 20 .,.WL:
(a) A measure came or will come before my agency which (check one)
Inured to my special private gain or loss;
,inured ,to the special gain or loss of my business assoaate,
H- Inured to the special gain or loss of my relative, Diane Co1onna
inured to the special gain or loss of
Whom I am retained; or
Inured to the special gain or loss of
Is the parent organization or subsidiary of a principal which has retained me.
(b~ The meas~ before my agency and the nature of my conflicting Interest In the measure is as follows:
,by
" ,,-',' ,which
. '.,'.-", ' . '--.' ... - .....- ".:':, -~.,
DianeC61onna, my wife, is the Director of the Community Redeve1opm~n.t ~~tlcy,t~),.'
I have a conf1ict voting on items thatdirect1y affect the CRA.
9/5/06
Date Filed
"
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES fi112.317, A FAlLIJRE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAl OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SAlARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 8B - EFF. 112000
PAGE 2
FORM 88 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME~IRST NAME-MIDDLE NAME NAME OF BOARD, COUNCIl, COMMISSION, AUTHORITY, OR COMMITTEE
Perlman, Jeffrey L. Delray Beach City Commission
MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON
971 Delray Lakes Drive WHICH I SERVE IS A UNIT OF:
CITY COUNTY it CITY Q COUNTY Q OTHER LOCAL AGENCY
Delrav Beach. Fl. 33444'c Palm Beach NAME OF POLITiCAl SUBDIVISION:
City of Delray Beach
DATE ON WHICH VOTE OCCURRED MY POSlTlON IS:
9/19/06 u: ELECTIVE Q APPOINTIVE
WHO MUST FILE FORM 88
This form Is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting
conflict of Interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal (other than a govemment agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-In-law, son-In-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting, who should incorporate the form In the minutes.
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above,you otherwise may participate in these matters. Howevar. you
must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WiLl BE
TAKEN:
* You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side)
CE FORM 88 - EFF. 1/2000
Item 9.F
PAGE 1
APPOINTED OFFICERS (continued)
· A copy of the fonn must be provided immediately to the other members of the agency.
· The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
· You must disclose orally the nature of your conflict in the measure before participating.
. You must complete the fonn and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I,
Jeffrey Perlman
, hereby disclose that on
September 19,
,20.06.-:
(a) A measure came or will come before my agency which (check one)
Inured to my special private gain or loss;
Inured to the special gain or loss of my business associate,
X Inured to the special gain or loss of my relative, Diane Colonna
Inured to the special gain or loss of
whom I am retained; or
Inured to the special gain or loss of
is the parent organization or subsidiary of a principal which has retained me.
(b) The meas'ure before my agency and the nature of my conflicting Interest in the measure is as follows:
Diane Colonna, my wife, is Director of the COIDIIlUnity Redevelopment Agency (CRA).
I have a conflict voting on items that directly affect the CRA.
, by
,which
September 19, 2006
Date Filed
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 88 - EFF. 1/2000
PAGE 2
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY: MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
lAST NAME-FIRST NAME-4lIDDLE NAME
Perlman Jeffrey L.
MAlUNG ADDRESS
971 Delra Lakes
NAME OF BOARD, COUNCIL, COMMISSION. AUTHORITY. OR COMMITTEE
i sion
THE BOARD. COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON
WHICH I SERVE IS A UNIT OF:
" CITY Q COUNTY Q OTHER LOCAL AGENCY
NAME OF POLITICAl. SUBDIVISION:
Cit of Delray Beach
MY POSITION IS:
Drive
COUNTY
ch Fl. 33444 Palm Beach
DATE ON WHICH VOTE OCCURRED
September 19, 2006
CITY
XiX ELECTIVE
Q APPOINTIVE
WHO MUST FILE FORM 88
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting
conflict of interest under Section 112.3143. Florida Statutes.
Your responslblUtles under the law when faced with voting on a measure in which you have a conflict of interest will vary greaUy depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
Inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (inoIuding the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged In or carrying on a business
enterprise with the officer as a partner, jOint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
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*
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*
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*
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ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting, who should incorporate the form in the minutes.
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APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE Will BE
TAKEN:
* You must complete and file this form (before making any attempt to Influence the decision) with the person responsible for recording the
minutes of the meeting, who will Incorporate the form in the minutes. (Continued on other side)
CE FORM 88 - EFF. 1/2000
Item 9.J
PAGE 1
APPOINTED OFFICERS (continued)
· A copy of the form must be provided immediately to the other members of the agency.
· The tonn must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
. You must disclose orally the nature of your conflict in the measure before participating.
. You must complete the fonn and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting, who must incorporate the form in the minutes. A copy of the fonn must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the fonn is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I, TiP-f-fTfl!Y P~Tlman
, hereby disclose that on
September 19,
,2006-:
(a) A measure came or will come before my agency which (check one)
Inured to my special private gain or loss;
Inured to the special gain or loss of my business associate,
XX Inured to the special gain or loss of my relative, Diane Colonna
Inured to the special gain or Joss of , by
whom I am retained; or
Inured to the special gain or loss of
is the parent organization or subsidiary of a principal which has retained me.
(b) The measure beforemy agency and the nature of my conflicting Interest In the measure is as follows:
Diane Colonna, my wife, is Director of the Coonnunity Redevelopment Agency (CRA).
I have a conflict voting on items that directly affect the CRA.
. ,which
September 19, 2006
Date Flied
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 8B - EFF. 1flOOO
PAGE 2
SEPTEMBER 19. 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, September 19,2006.
L
Roll call showed:
Present - Commissioner Rita Ellis
Commissioner Jon Levinson
Commissioner Brenda Montague
Mayor Jeff Perlman
Absent - Commissioner Fred Fetzer
Also present were - David T. Harden, City Manager
Susan A. Ruby, City Attorney
Terrill Barton, Assistant City Attorney
Chevelle D. Nubin, City Clerk
At this point, Mayor Perlman stated he would like to observe a moment of
silence in memory of Brahm Dubin who managed the City's golf and tennis centers and
also Mary Sheriff who is the mother of Vice Mayor Ellis who passed away last week, and
Bill Wood, President of the Chamber of Commerce, whose father passed away.
2. The opening prayer was delivered by Father "Chip" Stokes with St. Paul's
Episcopal Church.
3.
gIven.
The Pledge of Allegiance to the flag of the United States of America was
4.
AGENDA APPROVAL.
Mayor Perlman stated there has been a request to postpone Item 9.B.,
Conditional Use Extension and Waiver Requests/Avenue East (FKA Grove Square)
to a time certain of October 3, 2006.
He stated there is a revised copy of Item 10.G., Ordinance No. 47-06 and
moved this to the first public hearing item per the City Attorney's direction.
Mayor Perlman stated he would like to add Item 7.B., Presentation in
recoi!:nition of Robert Barcinski. Assistant City Manaeer.
Also, he stated there is revised information for Item 8.D., Chanee Order
No.2 (Contract Closeout)/Final Pavment/Morean Roofini!:. LLC.lOld School Square
Re-roofine Proiect and noted that the revised final payment is $30,928.00 instead of
$28,176.00.
09119/06
Mrs. Ellis moved to approve the Agenda as amended, seconded by Mrs.
Montague. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Mrs.
Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion passed with a 4 to
o vote.
5.
APPROVAL OF MINUTES:
Mrs. Montague moved to approve the Minutes of the SpeciallW orkshop
Meeting of September 12,2006, seconded by Mrs. Ellis. Upon roll call the Commission
voted as follows: Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes;
Mrs. Ellis - Yes. Said motion passed with a 4 to 0 vote.
6. PROCLAMATIONS:
6.A. Walk Our Children to School Dav - October 4.2006
Mayor Perlman read and presented a proclamation hereby proclaiming
October 4, 2006 as Walk Our Children to School Day at Village Academy. Scott
Aronson, Parking Management Specialist, came forward to accept the proclamation and
gave a few brief comments.
6.B. Delrav Beach Police Department Volunteer Homefront Security Unit
Mayor Perlman read and presented a proclamation hereby recognizing and
commending the Delray Beach Volunteer Homefront Security Unit. Chief Schroeder
came forward to accept the proclamation and he gave a few brief comments.
7. PRESENTATIONS:
7.A. C.L.A.S.S. Of Palm Beach County. Inc. - Frances Carter
On behalf of Frances Carter and the C.L.AS.S. Program, Cynthia Ridley
stated this program has helped children with their homework.
A few students (Grace & Rickie) came forward to give a few brief
comments and stated C.L.AS.S. stands for Children Learning in After School Sessions.
Ms. Ridley presented the City Commission with "Thank You" cards.
7.B.
Manae:er
Special Recoe:nition Award - Robert A. Barcinski. Assistant City
Mayor Perlman presented a Special Recognition Award to Robert A.
Barcinski, Assistant City Manager for thirty (30) years of service in local government.
Robert A Barcinski, Assistant City Manager, came forward to accept the
Special Recognition Award and thanked the City of Delray Beach for being able to serve
the community, the citizens, the City Commission and the City Manager.
- 2 -
09/19/06
8.
CONSENT AGENDA: City Manager Recommends Approval.
8.A. REQUEST FOR SIDEWALK DEFERRAL/1207 SOUTH SWINTON
AVENUE: Approve a request to defer the installation of a sidewalk in front of 1207
South Swinton Avenue. Staff recommends approval.
8.B. REQUEST FOR SIDEWALK DEFERRAL/929 BANYAN DRIVE:
Approve a request to defer the installation of a sidewalk in front of 929 Banyan Drive.
Staff recommends approval.
8.C. CHANGE ORDER NO. 3 (CONTRACT CLOSEOUT)/FINAL
PAYMENTIRANGER CONSTRUCTION INDUSTRIES. INC./2005 STREET
RESURFACING PROJECT: Approve Change Order No.3 (Contract Closeout) in the
amount of a $55,020.25 decrease and final payment in the amount of $17,623.16 to
Ranger Construction Industries, Inc. for completion of the 2005 Street Resurfacing
Project. Funding is available from 334-3162-541-61.17 (General Construction
Fund/2005 Resurfacing).
8.D. CHANGE ORDER NO. 2 (CONTRACT CLOSEOUT)/FINAL
PAYMENTIMORGAN ROOFING. LLC./OLD SCHOOL SQUARE RE-ROOFING
PROJECT: Approve Change Order No.2 (Contract Closeout) in the amount of
$2,752.00 and final payment in the amount of $28,176.00 to Morgan Roofing, Inc. for
completion of the Old School Square Re-roofing Project. Funding is available from 334-
6112-572-46.12 (General Construction Fund/Old School Square Roof Repair) and 551-
1575-591-45.50 (Business Insurance Fund/Property Claims).
8.E. SUBGRANT AGREEMENT/STATE OF FLORIDA DEPARTMENT
OF EMERGENCY MANAGEMENT: Approve and authorize the Mayor to execute a
Subgrant Agreement with the State of Florida Department of Emergency Management
for acceptance of a grant in the amount of $103,598.00 for the Fire Station #1 Wind
Hardening Project. The City's share of the project cost is $34,532.00. Funding is
available from 334-2311-522-62.87 (General Construction Fund/Buildings/Storm
Hardening).
8.G. FUNDING AGREEMENT/CHILDREN'S SERVICES COUNCIL:
Approve a funding agreement between the City of Delray Beach and Children's Services
Council (CSC) in the amount of $315,702.00 for the City's out of school program, day
camps, and summer camp programs.
8.H. 2006-2007 AGREEMENT/CHILDREN'S SERVICES
COUNCIL/BEACON CENTER AT VILLAGE ACADEMY: Consider approval of
the 2006/2007 agreement between the City of Delray Beach and Children's Services
Council (CSC) in the amount of $853,622.00 for programs and services carried out under
the Beacon Center at the Village Academy.
- 3 -
09119/06
S.I. HOUSING REHABILITATION GRANT/CONTRACT AWARD:
Approve a Housing Rehabilitation grant/contract award through the Community
Development Division in the amount of $25,782.75 to South Florida Construction (625
S.W. th Avenue). Funding is available from 118-1924-554-49.19 (State Housing
Initiatives Partnership (SHIP) ProgramIHousing Rehabilitation).
S.J. ACCOUNT FUNDING CHANGEIHOUSING REHABILITATION
DEFERRED PAYMENT LOAN: Approve an account funding change from State
Housing Initiatives Partnership (SHIP)/Housing Rehabilitation (118-1924-554-49.19) to
Community Development Block Grant (CDBG)/Housing Rehabilitation (118-1963-554-
49.19) for one (1) housing rehabilitation deferred payment loan (220 N.W. 2nd Street).
S.I(. LANDSCAPE MAINTENANCE AGREEMENT/TROPIC CAY
TOWNHOMES: Approve and accept a landscape maintenance agreement between F.P.
Dino & Associates and the City for the Tropic Cay Townhome Development.
S.L. PURCHASE ORDER INCREASE/GUIDANCE PATHWAY
SYSTEMS. INC.: Approve an increase of $51,764.57 to purchase order #635573,
Guidance Pathway Systems, Inc., for changes and upgrades needed for the Wayfinder
Sign System which was damaged by Hurricane Wilma. Funding is available from 551-
1575-591-45.50 (Business Insurance Fund/Property Claims).
S.M. PURCHASE ORDER INCREASE/POOLSURE OF SOUTH
FLORIDA. INC.: Approve an increase of $19,000.00 to purchase order #621529,
Poolsure of South Florida, Inc., for the bulk purchase of Sodium Hypochlorite. Funding
is available from 441-5123-536-52.21 (Water/Sewer Fund/Chemicals).
S.N. MEMORANDUM OF UNDERSTANDING/PALM BEACH
COUNTY MULTI-AGENCY CRIMES TASK FORCE CRITICAL INCIDENT
PROTOCOL: Approve a Memorandum of Understanding with Palm Beach County and
various Law Enforcement Agencies in Palm Beach County for the Multi-Agency Violent
Crimes Task Force.
S.O. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards for
the period September 5, 2006 through September 15,2006.
S.P. AWARD OF BIDS AND CONTRACTS:
1. Purchase award to A2000 in the amount of $53,000.00 for the
purchase of Cisco 6509 main switch and to Anderson Telecom in
the amount of $30,000 for.a fiber optic cable from City Hall to the
Police Station. Funding in the total amount of $83,000 is available
from 001-1811-513-64.11 (General Fund/Computer Equipment).
- 4 -
09/19/06
2. Bid award to Super Linen Service Corp. for linen rental service for
the Delray Beach Municipal Golf Course Restaurant at an
estimated annual cost of $20,000.00. Funding is available from
445-4715-572-52.22 (Delray Beach Municipal Golf Course
FundlUniforms/Linen Service).
3. Contract award to Asphalt Consultants, Inc. in the amount of
$375,547.50 for the construction of the Chatelaine Subdivision and
N.E. 14th Street Traffic Calming Project. Funding is available
from 334-6130-541-63.89 (General Construction
Fund/Neighborhood Enhancement).
Mrs. Ellis moved to approve the Consent Agenda as amended, seconded
by Mrs. Montague. Upon roll call the Commission voted as follows: Mrs. Montague -
Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Levinson - Yes. Said motion passed
with a 4 to 0 vote.
9.
REGULAR AGENDA:
9.A. CONTRACT AWARDS/PROPERTY & CASUALTY INSURANCE
COVERAGE: Consider approval of a contract award to various insurance companies or
authorize staff to bind coverage as negotiated by our broker, Arthur J. Gallagher, for the
City's Property and Casualty Insurance Policies effective October 1,2006.
Frank Babin, Risk Manager, introduced Lisa Rodriquez, Servicing
Representative with Arthur J. Gallagher.
Lisa Rodriquez, Arthur J. Gallagher (Broker), presented the Commission
with a variety of options they are still working on. She stated as a consequence of the
2004 and 2005 hurricane years particularly with respect to Hurricane Katrina and what it
did in New Orleans, this has had a significant impact on the insurance programs for
catastrophic areas. Ms. Rodriquez stated the items under negotiation and there are
several different programs that they are working on with insurance companies. She
stated many insurance companies particularly in the property segment are not providing
quotes prior to seven days before the expiration date of the program. Ms. Rodriquez
stated the City of Delray Beach has a self-insured retention of $500,000.00 across the
board (i.e. all third party liability coverage as well as the property program). In addition,
she stated there are layered programs with both casualty and property. This year the City
of Delray Beach has grown tremendously (31 % increase in total insurable values) and
part of this is because of new construction and the damage after Hurricane Wilma. The
values for the City are a little over $154,000,000.00 and they are looking at the insurance
companies that are currently on the program to see what kind of capacity can be provided
at a reasonable cost; the other program would be to carve out the water plant. The water
plant is special construction and there are specialized companies that are willing to insure
that type of exposure for a rate that is much lower than what is demanded in the
traditional insurance market place. Therefore, one of the programs would be to carve out
the water plant and have a layered program for all of the City properties with the
- 5 -
09/19/06
exception of the water plant and a separate program for the water plant. Ms. Rodriquez
stated a third option would be to go to the Florida League of Cities which is a group of
cities throughout the state that put their resources together and share the insurance limits.
Ms. Rodriquez stated there is also another program which splits the property as well as
the liability.
Tony Vela, Jr., Arthur J. Gallagher (Broker), stated they use the same
software that the insurance companies use when they are determining their pricing and
when rating agencies they are rating the insurance companies to see whether or not they
are financially viable. Mr. Vela stated with that tool they get a gauge of what a
reasonable amount of insurance is.
Mrs. Ellis inquired about the "seven day" item. Mr. Vela stated the
insurance companies have very limited capacity (which is how much insurance they can
take in aggregate) and is limited by how much dollars in reserves they have in the bank
and what the catastrophe models are which were changed in May 2006. It increased all
of the loss estimates by approximately 40%. Therefore, Mr. Vela stated this used up a
significant amount of dollars to take risk.
Mr. Levinson asked what is the 100 and 250 year probable maximum loss
(PML). In response, Mr. Vela stated the 100 year was $27,000,000.00 and the 250 was
$35,000,000.00. Mr. Vela stated there is a 5% deductible that applies to all Florida
property this year. Mr. Levinson asked if things such as shutters, hardening, etc. are
included in the calculation of probable maximum loss. Mr. Vela stated these things are
included in the calculation of probable maximum loss.
The City Manager stated there are number of mitigation grants pending
and it has been a very slow process.
Mayor Perlman inquired about the premium range. Mr. Levinson stated
last year's premium (according to the backup) shows $1,515,631.00 and this year it will
be $1,965,779.00-$2,465,779.00 which is a 33% or a 66% increase for less coverage.
Ms. Rodriquez stated they look at the entire insurable values as an exposure and this
increased from $117,422,881.00 to $154,862,661.00 (a 31 % increase in exposure).
Brief discussion continued between Ms. Rodriquez and the Commission.
Mrs. Ellis moved to approve to authorize staff to bind coverage subject to
City Commission approval on October 3,2006, seconded by Mrs. Montague. Upon roll
call the Commission voted as follows: Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr.
Levinson - Yes; Mrs. Montague - Yes. Said motion passed with a 4 to 0 vote.
At this point, Mr. Babin thanked Arthur J. Gallagher for their efforts.
9.B. THIS ITEM HAS BEEN POSTPONED TO A DATE CERTAIN OF
OCTOBER 3. 2006.
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09/19/06
At this point, the time being 7:05 p.m., the Commission moved to the duly
advertised Public Hearings portion of the Agenda.
to.
PUBLIC HEARINGS:
to.G. ORDINANCE NO. 47-06: Amendment to the Land Development
Regulations, Central Business District Section 4.4. 13 (H), "Special Regulations", to
eliminate the nonresidential requirements on the ground floor along the west side of
Pineapple Grove Way, between NE 3rd Street and NE 4th Street; and Section 4.4.13(F)(3),
"Building Frontage and Front Setbacks", to adjust 3rd floor setback requirements for
single use townhouse structures along Pineapple Grove Way. Prior to consideration of
passage of this ordinance on Second and FINAL Reading, a public hearing has been
scheduled to be held at this time.
The caption of Ordinance No. 47-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES
BY AMENDING SECTION 4.4.13(F)(3), "BUILDING
FRONTAGE AND FRONT SETBACKS", IN ORDER
TO ADJUST SETBACKS AND SECTION 4.4. 13(H),
"SPECIAL REGULATIONS", PROVIDING AN
ALTERNATIVE TO THE NONRESIDENTIAL
REQUIREMENTS FOR FIRST FLOORS BETWEEN
NE 3RD STREET AND NE 4TH STREET ON THE WEST
SIDE OF NE 2ND AVENUE, UPON THE PROVIDING
OF CERTAIN COMMUNITY FACILITY SPACE AND
OPEN SPACE; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 47-06 is on file in the City Clerk's
office. )
The City Attorney stated this ordinance is a second reading and public
hearing; however, there has been a proposal to begin again with a revised version of
Ordinance No. 47-06 that provides for an alternative to not having non-residential on the
bottom floor. The City Attorney stated therefore there will be a first reading on this
ordinance (Ordinance No. 47-06) as revised with a public hearing on October 3, 2006 at
7:00 p.m. (next regular City Commission meeting). The 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.
- 7 -
09/19/06
Paul Dorling, Director of Planning and Zoning, stated the amendment
relates to setbacks required in the Design Guidelines relating to the third floor. He stated
there is a required mandatory setback and what is being applied now is to not apply that
setback for townhouses so that you can achieve a front setback that is uniform up to three
stories. The other amendment relates to not requiring non-residential uses on the ground
floor. Mr. Dorling stated the ordinance is a compromise that the applicant has put forth
and basically it puts aside an open space element at the northeast comer along Pineapple
Grove Way to tie into an ultimate arch that is proposed, then, the retention of a unit that
would be dedicated as a community facility for art related functions on the southeast
comer.
For the benefit of the public, Mayor Perlman stated they were faced with a
text amendment that would have eliminated the mixed use requirement versus just doing
residential which had some residents upset. Therefore, Mayor Perlman stated he spoke
with the applicant's architecture, attorney, and developer about seeing if we can come up
with something where we could honor the applicant's request to lower height and density
on the site which would respect the neighborhood and particularly Banker's Rowand
would somehow tie into the original vision of Pineapple Grove which was to be an Arts
District and retain some elements of a mixed use (i.e. a building that would be dedicated
to low cost space for artists).
Mr. Levinson clarified that on Page 5 of the ordinance there is a change to
Items 4, 11 and 6.
Mrs. Montague asked if this is still site specific. In response, Mr. Dorling
stated it would just apply to this site.
Mrs. Ellis moved to approve Ordinance No. 47-06 FIRST Reading,
seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mrs. Ellis
- Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes. Said motion
passed with a 4 to 0 vote.
to.A. RESOLUTION NO. 60-06 (MILLAGE LEVY): A resolution levying a
tax on all properties within the City of Delray Beach for operation and maintenance and
for payment of principal and interest on bonded indebtedness for FY 2007.
The caption of Resolution No. 60-06 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, TO LEVY A TAX
ON ALL PROPERTIES WITHIN THE CITY OF
DELRA Y BEACH, FLORIDA, FOR MAINTENANCE
AND OPERATION, AND TO LEVY A TAX FOR
THE PAYMENT OF PRINCIPAL AND INTEREST
ON BONDED INDEBTEDNESS, AND TO
- 8 -
09/19/06
ALLOCATE AND APPROPRIATE SAID
COLLECTIONS THEREUNDER.
(The official copy of Resolution No. 60-06 is on file in the City Clerk's
office.)
A public hearing was held having been legally advertised in compliance
with the laws of the State of Florida and the Charter ofthe City of Delray Beach, Florida.
The City Attorney announced Resolution No. 60-06 that levies a tax on all
properties in the City of Delray Beach for fiscal year 2007. The millage is 6.86 mills for
operating and maintenance of the General Fund; .44 mills for the payment of principal
and interest on bonded indebtedness for a total of 7.30 mills. The rate of 7.30 mills is
seven tenths of one mill lower than fiscal year 2006 and the rolled back rate under the
TRIM law for operating purposes is 5.9464 mills. The millage rate is 16.52% above the
rolled back rate.
Mayor Perlman declared the public hearing open.
Claudia Willis, 160 Marine Way, Delray Beach, thanked the City Manager
for the compromise regarding the millage rate and stated any help is appreciated.
There being no one else from the public who wished to address the
Commission regarding Resolution No. 60-06, the public hearing was closed.
Mrs. Montague moved to approve Resolution No. 60-06, seconded by
Mrs. Ellis. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Mrs.
Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion passed with a 4 to
o vote.
10.B. RESOLUTION NO. 61-06 (MILLAGE LEVY/DDA): A resolution
levying a tax on all properties within the Downtown Development Authority Taxing
District of the City of Delray Beach for FY 2007.
The caption of Resolution No. 61-06 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, TO LEVY A TAX ON ALL
PROPERTIES WITHIN THE DOWNTOWN
DEVELOPMENT AUTHORITY TAXING DISTRICT OF
THE CITY OF DELRA Y BEACH, FLORIDA, FOR
MAINTENANCE AND OPERATION, AND TO
APPROPRIATE SAID COLLECTIONS THEREUNDER.
(The official copy of Resolution No. 61-06 is on file in the City Clerk's
office. )
-9-
09/19/06
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.
The City Attorney announced Resolution No. 61-06 levies a tax in the
amount of 1.00 mill on all properties within the Downtown Development Authority
Taxing District of the City of Delray Beach for fiscal year 2007. This millage exceeds
the 0.7152 rolled back rate calculated under the TRIM law by 39.82%.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Resolution No. 61-06,
the public hearing was closed.
Mrs. Ellis moved to approve Resolution No. 61-06 on Second and FINAL
Reading, seconded by Mrs. Montague. Upon roll call the Commission voted as follows:
Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Levinson - Yes.
Said motion passed with a 4 to 0 vote.
to.C. RESOLUTION NO. 62-06 (FY 2007 BUDGET ADOPTION): A
resolution making appropriations of sums of money for all necessary expenditures of the
City of Delray Beach for the period October 1,2006 through September 30,2007.
The caption of Resolution No. 62-06 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, MAKING
APPROPRIATIONS OF SUMS OF MONEY FOR ALL
NECESSARY EXPENDITURES OF THE CITY OF
DELRA Y BEACH FOR THE PERIOD FROM THE 1st
DAY OF OCTOBER, 2006, TO THE 30th DAY OF
SEPTEMBER, 2007; TO PRESCRIBE THE TERMS,
CONDITIONS AND PROVISIONS WITH RESPECT TO
THE ITEMS OF APPROPRIATIONS AND THEIR
PAYMENT; AND TO REPEAL ALL RESOLUTIONS
WHOLLY IN CONFLICT WITH THIS RESOLUTION
AND ALL RESOLUTIONS INCONSISTENT WITH
THIS RESOLUTION TO THE EXTENT OF SUCH
INCONSISTENCY.
(The official copy of Resolution No. 62-06 is on file in the City Clerk's
office.)
The public hearing was held having been legally advertised in compliance
with the laws ofthe State of Florida and the Charter ofthe City of Delray Beach, Florida.
The City Attorney announced Resolution No. 62-06 makes appropriations
of sums of money for all necessary expenditures of the City of Delray Beach for fiscal
- 10-
09/19/06
year 2007 as set forth in Exhibit "A".
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Resolution No. 62-06,
the public hearing was closed.
Mrs. Ellis moved to approve Resolution No. 62-06 (adopting the fiscal
year 2007 Budget), seconded by Mrs. Montague. Upon roll call the Commission voted as
follows: Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Levinson - Yes; Mrs. Montague-
Yes. Said motion passed with a 4 to 0 vote.
to.C.t. APPROVAL OF FIVE YEAR CAPITAL IMPROVEMENT PLAN:
Accept the Planning and Zoning Board's finding that the proposed Five Year Capital
Improvement Plan and FY 2007 Capital Improvement Budget are consistent with the
Comprehensive Plan, and approve same.
Mrs. Ellis moved to approve the Five Year Capital Improvement Plan as
submitted, seconded by Mrs. Montague. Upon roll call the Commission voted as follows:
Mrs. Ellis - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes.
Said motion passed with a 4 to 0 vote.
to.D. ORDINANCE NO. 5t-06: An ordinance amending Chapter 52, "Water"
of the City Code of Ordinances by amending Section 52.34, "Water Rates", to provide
for increased residential, nonresidential, and irrigation rates for FY 2007.
The caption of Ordinance No. 51-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING CHAPTER 52, "WATER", OF THE
CODE OF ORDINANCES OF THE CITY OF
DELRA Y BEACH, BY AMENDING SECTION 52.34,
"WATER RATES", SUBSECTION 52.34(B), TO
PROVIDE FOR INCREASED RESIDENTIAL,
NONRESIDENTIAL AND IRRIGATION RATES FOR
FY 2007; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 51-06 is on file in the City Clerk's
office. )
The City Attorney read the caption of the ordinance. The public hearing
was held having been legally advertised in compliance with the laws of the State of
Florida and the Charter ofthe City of Delray Beach, Florida.
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09119/06
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 51-06,
the public hearing was closed.
Mrs. Montague moved to adopt Ordinance No. 51-06 on Second and
FINAL Reading, seconded by Mrs. Ellis. Upon roll call the Commission voted as
follows: Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis -
Yes. Said motion passed with a 4 to 0 vote.
to.E. ORDINANCE NO. 52-06: An ordinance amending Chapter 53,
"Sanitary Sewers", of the City Code of Ordinances by amending Section 53.130, "User
Charges; Wholesale Sewer Rates; Calculation of Sewer Surcharge", to provide for
increased sewer rates for FY 2007. Prior to consideration of passage of this ordinance on
Second and FINAL Reading, a public hearing has been scheduled to be held at this time.
The caption of Ordinance No. 52-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING CHAPTER 53, "SANITARY SEWERS",
OF THE CODE OF ORDINANCES OF THE CITY OF
DELRA Y BEACH, BY AMENDING SECTION
53.130, "USER CHARGES; WHOLESALE SEWER
RATES; CALCULATION OF SEWER
SURCHARGE", SUBSECTION 53. 130(D), TO
PROVIDE FOR INCREASED RESIDENTIAL AND
NONRESIDENTIAL/COMMERCIAL RATES FOR
FY 2007; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 52-06 is on file in the City Clerk's
office. )
The City Attorney read the caption of the ordinance. The 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.
Shirlev Johnson. 70t N.W. 4th Street. Delrav Beach. asked if there will
be a plan to eliminate the sewage dumping into the Atlantic Ocean in this. In response,
Mr. Levinson stated there is capital money for the continued movement of the sewer
plant to 100% reused quality water.
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09/19/06
There being no one else from the public who wished to address the
Commission regarding Ordinance No. 52-06, the public hearing was closed.
Mrs. Ellis moved to adopt Ordinance No. 52-06 on Second and FINAL
Reading, seconded by Mrs. Montague. Upon roll call the Commission voted as follows:
Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Levinson - Yes.
Said motion passed with a 4 to 0 vote.
to.F. ORDINANCE NO. 50-06: An ordinance amending Chapter 51,
"Garbage and Trash", of the City Code of Ordinances by amending Section 51.70,
"Regular Charges Levied", to provide for increasing contracted garbage, trash, recycling,
vegetation, and bulk waste collection service rates for FY 2007. Prior to consideration of
passage of this ordinance on Second and FINAL Reading, a public hearing has been
scheduled to be held at this time.
The caption of Ordinance No. 50-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING CHAPTER 51, "GARBAGE AND
TRASH", OF THE CODE OF ORDINANCES OF THE
CITY OF DELRA Y BEACH, BY AMENDING
SECTION 51.70, "REGULAR CHARGES LEVIED",
TO PROVIDE FOR INCREASED RESIDENTIAL
AND COMMERCIAL COLLECTION SERVICE
RATES FOR FY 2007; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND
AN EFFECTIVE DATE.
(The official copy of Ordinance No. 50-06 is on file in the City Clerk's
office. )
The City Attorney read the caption of the ordinance. The 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. 50-06,
the public hearing was closed.
Mrs. Montague moved to adopt Ordinance No. 50-06 on Second and
FINAL Reading, seconded by Mrs. Ellis. Upon roll call the Commission voted as
follows: Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Levinson - Yes; Mrs. Montague-
Yes. Said motion passed with a 4 to 0 vote.
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09/19/06
to.H. ORDINANCE NO. 45-06 (FIRST READING/FIRST PUBLIC
HEARING): City initiated amendment to Land Development Regulations (LDR)
Section 4.4.13, "Central Business District", to provide regulations relating to office uses
on the ground floor along Atlantic Avenue extending from 1-95 to Ocean Boulevard. If
passed, a second public hearing will be scheduled for October 3,2006.
The caption of Ordinance No. 45-06 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 4.4.13, "CENTRAL BUSINESS
DISTRICT", SUBSECTION (B)(2), "PRINCIPAL USES
AND STRUCTURES PERMITTED", SUBSECTION
(D)(5), "CONDITIONAL USES AND STRUCTURES
ALLOWED", AND SUBSECTION (H)(1), "SPECIAL
REGULATIONS", TO PROVIDE REGULATIONS
RELATING TO OFFICE USES ON THE GROUND
FLOOR ALONG ATLANTIC AVENUE EXTENDING
FROM 1-95 TO OCEAN BOULEVARD; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 45-06 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance. The public hearing
was held having been legally advertised in compliance with the laws of the State of
Florida and the Charter of the City of Delray Beach, Florida.
Paul Dorling, Director of Planning and Zoning, stated this is to prohibit
office uses including banks and financial institutions on the ground floor along Atlantic
Avenue in the Central Core and beach areas and to allow up to 50% of the ground floor
along West Atlantic Avenue as a permitted use and at a level greater than 50% as a
conditional use. Office uses would continue to be permitted for professional offices and
conditional uses for banks on floors other than ground floors on Atlantic Avenue and all
floors elsewhere in the Central Business District (CBD). The concerns over the
appropriateness of office uses came to the Commission over the conditional use approval
for the Bank United site. Mr. Dorling stated the request was approved by the City
Commission several conditions were placed on the site to maintain its compatibility with
the retail uses including extending the hours of operation and a commitment to have retail
displays on 50% of those windows. This amendment was initiated by the Commission on
December 6, 2005 when staff received another request for a bank on the ground floor
along Atlantic Avenue on the northeast comer of 6th and Atlantic Avenue.
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09/19/06
Mayor Perlman declared the public hearing open.
Bonnie Miskel. 700 East Broward Boulevard. Fort Lauderdale
(Attornev representin2: Commerce Bank). stated although she believes the intent of
this ordinance is to maintain active uses on the Atlantic Corridor the ordinance is too
broad in its intent. She stated the bank she is representing is open for extended hours
seven days a week and in some jurisdictions they are open from 8:00 p.m. to 10:00 p.m.
and they start at 7:00 a.m. Ms. Miskel stated they are more active than retail uses and
they are also more of a retail facility because they provide services that are daily and
available to all of the residents of the community such as safe deposit boxes. Ms. Miskel
stated it is not practical to think that any bank would be located on the second floor and
the reason is for safety and security of the employees of the bank and the customers. She
stated it is an unsafe situation to warrant security guards with extensive cash and reserves
to be going into an elevator or to be going upstairs. So, by adopting an ordinance that is
intended in locating a bank on the second floor would promote an unsafe situation. Ms.
Miskel stated most banks have windows that are visible to the public on the first level
because of marketing but it is also for safety and security and noted banks are the number
one targets for robberies. Many ways to prevent this is through security but most
importantly from visibility. Ms. Miskel stated to propose a bank for the second floor is
unsafe and is not a secure situation for the city. Ms. Miskel stated if the Commission
would like to include active uses on the corridor she suggested limiting the uses based on
hours not use. She urged the Commission to reconsider including financial institutions
overall and recommend something that is conditional use oriented which would address
hours of operation and services to be provided.
There being no one else from the public who wished to address the
Commission regarding Ordinance No. 45-06, the public hearing was closed.
Mrs. Ellis stated it is not the intent of the Commission to place banks on
the second floor but instead is to keep the banks off Atlantic Avenue and she supports
this ordinance.
Mrs. Ellis moved to approve Ordinance No. 45-06 on First ReadinglFirst
Public Hearing, seconded by Mr. Levinson. Upon roll call the Commission voted as
follows: Mrs. Ellis - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman -
Yes. Said motion passed with a 4 to 0 vote.
10.1. ORDINANCE NO. 37-06: City initiated amendment to Land
Development Regulations (LDR) repealing Section 4.6.19, "Tree Protection" and Section
2.4.6(E), "Tree Removal Permit" and enacting a new Section 4.6.19, "Tree Ordinance",
to provide for the regulation, pruning and preservation of trees including historic trees;
establishing land clearing and tree removal regulations and permit fees as well as the
establishment of a tree trust fund; and amending Appendix "A", "Definitions", to provide
for definitions for various terms related to trees. Prior to consideration of passage of this
ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held
at this time.
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09/19/06
The caption of Ordinance No. 37-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
REPEALING SECTION 4.6.19, "TREE PROTECTION"
AND SECTION 2.4.6 (E) "TREE REMOVAL PERMIT"
OF THE LAND DEVELOPMENT REGULATIONS OF
THE CODE OF ORDINANCES OF THE CITY OF
DELRA Y BEACH AND ENACTING A NEW SECTION
4.6.19, "TREE ORDINANCE" TO PROVIDE FOR THE
REGULATION, PRUNING, AND PRESERVATION OF
TREES, INCLUDING HISTORIC TREES, AND
ESTABLISHING LAND CLEARING AND TREE
REMOVAL REGULATIONS AND PERMIT FEES AS
WELL AS THE ESTABLISHMENT OF A TREE TRUST
FUND; AMENDING APPENDIX "A" DEFINITIONS,
TO PROVIDE DEFINITIONS FOR V ARIOUS TERMS
RELATED TO TREES; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTNE DATE.
(The official copy of Ordinance No. 37-06 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance. The 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 Del ray Beach, Florida.
The City Manager stated the concerns he had previously have been
addressed.
Terrill Barton, Assistant City Attorney, stated essentially this is are-write
ofthe tree code which has been before the Commission previously.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 37-06,
the public hearing was closed.
Mrs. Montague moved to adopt Ordinance No. 37-06 on Second and
FINAL Reading, seconded by Mrs. Ellis. Upon roll call the Commission voted as
follows: Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis -
Yes. Said motion passed with a 4 to 0 vote.
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09/19/06
10.J. ORDINANCE NO. 48-06: Amendment to the Land Development
Regulations Section 4.6.9(C)(3) to establish parking requirements for Personal Service
Providers and modifying Appendix "A" "Definitions" to provide a definition for
"Personal Service Providers". Prior to consideration of passage of this ordinance on
Second and FINAL Reading, a public hearing has been scheduled to be held at this time.
The caption of Ordinance No. 48-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF CODE OF ORDINANCES, BY
AMENDING SECTION 4.6.9(C), "NUMBER OF
PARKING SPACES REQUIRED", SUBSECTION
4.6.9(C)(3), "REQUIREMENTS FOR COMMERCIAL
USES"; AMENDING APPENDIX A, "DEFINITIONS",
TO PROVIDE FOR A DEFINITION AND PARKING
REGULATIONS REGARDING PERSONAL SERVICE
PROVIDERS; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 48-06 is on file in the City Clerk's
office. )
The City Attorney read the caption of the ordinance. The public hearing
was held having been legally advertised in compliance with the laws of the State of
Florida and the Charter of the City of Delray Beach, Florida.
Scott Aronson, Parking Management Specialist, stated the definition
created is Personal Service Providers which will be commercial establishments providing
personal services varying in range and scope including but not limited to hairstyling,
manicuring, pedicures, facials, massages, etc. These establishments are usually located in
large facilities and lease cubicle type space to independent personal care providers. The
combination of all these services in one establishment creates a parking situation in
which customers are receiving several services at the same time and it creates more
staffing for all the different providers within the same environment. Staff performed a
review of parking requirements for similar type services and found the variety of parking
regulations including from either parking spaces per chair or parking spaces per
employee (some are floor area and some are a combination of both). Mr. Aronson stated
currently salons as they are somewhat similar to are rated as commercial uses and they
provide 4.5 parking spaces per 1,000 square feet of gross floor area. He stated with a
couple of large service providers that the City has had come through lately, staff has
established that a parking problem has occurred and to address this staff has looked into
creating a new regulation for these personal care service providers which are in buildings
in excess of 5,000 square feet. Staff proposes the parking requirement for Personal
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09/19/06
Service Providers be established at 4.5 spaces per 1,000 square feet of gross floor area in
buildings up to 5,000 square feet and 4.5 spaces per 1,000 square feet of gross floor area
plus 0.5 spaces per work station in buildings greater than 5,000 square feet. Mr. Aronson
noted that where they provide both manicures and pedicures would be counted as one
service provider cubicle or booth.
At its meeting of July 25,2006, the Parking Management Advisory Board
unanimously recommended approval to establish parking requirements for "Personal
Service Providers" and to modify Appendix "A" providing a definition for "Personal
Service Providers". At its meeting of August 21, 2006, the Planning and Zoning Board
unanimously recommended approval to establish parking requirements for "Personal
Service Providers" and to modify Appendix "A" providing a definition for "Personal
Service Providers".
Mr. Levinson asked if staff looked at what the parking requirements would
have been for Paradise Salon on Pineapple Grove. In response, Mr. Aronson stated he
did not figure out what the calculations would have been for Paradise Salon. He stated
Paradise Salon did provide additional parking spaces when they did some additional floor
area and already had their parking and assimilate into the municipal parking. Mr.
Aronson stated staff took notice of Spa Eleven because being in the area people were
parking in the swales, etc.
Mrs. Montague inquired about the 5,000 square feet and the building itself
and asked if staff is talking about multiple buildings where a spa is incorporated into that
business or is that business the spa itself. Mr. Aronson stated this would be for the spa
itself.
Mr. Levinson stated there may be a strip center with 4 or 5 bays only 1 or
2 of which is used for that personal service.
The City Attorney stated this is only for the personal service provider uses
and staff can clarify this in the ordinance if need be.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to addressed the Commission regarding Ordinance No. 48-
06, the public hearing was closed.
Mr. Levinson moved to adopt Ordinance No. 48-06 on Second and FINAL
Reading as clarified, seconded by Mrs. Ellis. Upon roll call the Commission voted as
follows: Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Levinson -
Yes. Said motion passed with a 4 to 0 vote.
10.K. ORDINANCE NO. 49-06: Amendment to the Land Development
Regulations Section 2.4.7(E) "Appeals" in order to clarify the appeals process. Prior to
consideration of passage of this ordinance on Second and FINAL Reading, a public
hearing has been scheduled to be held at this time.
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09119/06
The caption of Ordinance No. 49-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY
BEACH, FLORIDA, BY AMENDING SECTION
2.4.7(E), "APPEALS" TO CLARIFY THE
DEFINITION OF "APPEALS"; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING
CLAUSE AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 49-06 is on file in the City Clerk's
office. )
The City Attorney read the caption of the ordinance. The public hearing
was held having been legally advertised in compliance with the laws of the State of
Florida and the Charter of the City of Delray Beach, Florida.
Paul Dorling, Director of Planning and Zoning, stated this clarifies
language that all appeals shall be conducted as a new hearing and is not limited to the
record from the Board from which the appeal is sought. The proposed amendment is
consistent with the Comprehensive Plan.
At its meeting of August 21, 2006, the Planning and Zoning Board held a
public hearing and voted 6 to 0 to recommend approval of the amendment.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission, the public hearing was closed.
Mrs. Ellis moved to adopt Ordinance No. 49-06 on Second and FINAL
Reading, seconded by Mrs. Montague. Upon roll call the Commission voted as follows:
Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes.
Said motion passed with a vote.
to.L. ORDINANCE NO. 44-06: Annexation and associated small-scale Future
Land Use Map amendment from the County LR-1 (Low Residential 1 du/ac) to City LD
(Low Density Residential 0-5 du/ac) and rezoning from County AR (Agricultural
Residential) to City R-1-AA (Single Family Residential) for a 0.72 acre property located
at 2200 Lake Drive. Prior to consideration of passage of this ordinance on Second and
FINAL Reading, a public hearing has been scheduled to be held at this time. (Quasi-
Judicial Hearing)
The caption of Ordinance No. 44-06 is as follows:
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09/19/06
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 NORTHWEST
CORNER OF LAKE DRIVE AND NW 22ND STREET,
AS MORE P ARTICULARL Y DESCRIBED HEREIN,
WHICH LAND IS CONTIGUOUS TO THE 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 LD (LOW
DENSITY RESIDENTIAL 0-5 DU/ AC) 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 R-1-AA (SINGLE
FAMILY RESIDENTIAL); PROVIDING A GENERAL
REPEALER CLAUSE, PROVIDING A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 44-06 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance and stated all of the
items here except for the rezoning are not Quasi-Judicial; however, when the property is
rezoned it will be a Quasi-Judicial Hearing. The 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 read into the record the City of Delray Beach procedures
for a Quasi-Judicial Hearing for this item and all subsequent items.
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor Perlman asked the Commission to disclose their ex parte
communications. Mr. Levinson stated he had a conversation with Jason Mankoff and
Weiner & Aronson staff. Mrs. Montague, Mayor Perlman and Mrs. Ellis had no ex parte
communications to disclose.
Paul Dorling, Director of Planning and Zoning, stated this is an annexation
into the City of Del ray Beach from the County and a change in land use from County LR-
1 (Low Residential I du/ac) to City (Low Density) and a change in zoning from County
AR (Agricultural Residential) to City R-l-AA (Single Family Residential). Mr. Dorling
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09/19/06
stated this parcel was in the City of Boynton Beach until March 2006 and the applicant
de-annexed from the City of Boynton Beach and is now seeking annexation into the City
of Del ray Beach.
At its meeting of August 21, 2006, the Planning and Zoning Board held a
public hearing in conjunction with the requests and recommended unanimously with a
vote of 6 to 0 approval of all three actions. Residents had some concerns which evolved
around compatibility with the existing development pattern, traffic increase, and potential
for zero lot line townhouse developments. Mr. Dorling stated some of that confusion
revolved around the land use rather than the zoning and the land use category allowing 0-
5 units to the acre so there was an assumption that 5 units could go on this parcel. Mr.
Dorling stated the proposed low density land use is the same as the balance of the
community as is the proposed zoning as R-I-AA.
Jason Mankoff, Attorney with Weiner & Aronson, P.A., 102 N. Swinton
Avenue, Delray Beach, stated they adopt the findings in the staff report and is happy to
answer any questions the Commission may have.
Mayor Perlman stated if anyone from the public would like to speak in
favor or in opposition of this item, to please come forward at this time.
Kathv Alderman. 1714 Lake Drive. Delrav Beach. inquired how many
houses are proposed to go on this property.
Mr. Dorling stated the property that is being annexed could accommodate
one home and if it is combined with the parcel to the south two single family homes
could be placed on it.
There being no one else from the public who wished to give testimony on
this item, the public hearing was closed.
Mrs. Ellis moved to adopt Ordinance No. 44-06 on Second and FINAL
Reading, seconded by Mrs. Montague. Upon roll call the Commission voted as follows:
Mrs. Ellis - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes.
Said motion passed with a 4 to 0 vote.
At this point, the time being 7:48 p.m., the Commission moved to Item
11, Comments and Inquiries on Non-Agenda Items from the City Manager and the
Public.
11.A.
City Mana2:er's response to prior public comments and inquiries.
In response to a comment expressed at the last meeting about the need to
demand that future development mitigate traffic from parking impacts, the City Manager
stated all new developments are required to submit a traffic statement or traffic study
which identifies a project's traffic impact and requires mitigation (i.e. turn lanes,
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09/19/06
contributions to signals, etc.). If the project does not have an impact which requires
individual improvements, they still have to pay traffic impact fees based on the traffic
volumes. Those funds go to the County and they use them to improve the County-wide
road system and the County is divided up into different districts so that money cannot be
used here for something in the north part of the County. The City Manager stated those
impacts are taken into account.
Secondly, with regard to previous concerns expressed by some individuals
about the block where the old Publix Supermarket was located, the City Manager stated
the site has been cleaned, a temporary fence installed along the east and south sides, and
there are some places where the fence proposed a hazard to pedestrians. There was a
hole dug on the south side along 3rd Street where part of the sidewalk has been dug out
near a light pole. The Building Official has been in contact with the construction
company (Ironwood Properties) about the problem. The hole that was dug and the trench
work was done by Southern Bell and they have stated that they would remove the debris
and place a barricade in front of that hole and the cause has also been initiated to the
developer concerning the project. Most of the overgrowth has been addressed with a few
remaining areas still in need of cutting. The City Manager stated there was mention of a
dumpster on the site being used by City Walk and staff did not find this. He stated if
there was a dumpster there it had been removed. If the site is not satisfactory or cleaned
up within the next week, we will take further enforcement action and get people out there
to clean it.
11.B.
From the Public.
I1.B.1. Jim Smith. 1225 South Ocean Boulevard. Delrav Beach. thanked
Mayor Perlman for leading the 2 mile physical fitness walk last week along Atlantic
Avenue.
Secondly, Mr. Smith thanked the City of Delray Beach for supporting
Walk a Child to School Day and stated this is a terrific program because the public gets
involved with the schools, elected officials, the police and fire. Mr. Smith thanked Scott
Aronson, Parking Management Specialist, Janet Meeks, Education Coordinator, and Jeff
Messer, Officer/Community Relations/Police Department and all the City employees who
participate in this program in addition to the Mayor and the City Commission.
11.B.2. Alice Finst. 707 Place Tavant. Delrav Beach. to continue with the City
Manager's comments about Pineapple Grove and the comments made by the public, Mrs.
Finst stated with regard to that she did some research through the Planning Department
and found out that when a demolition permit is given there is no requirement for start-up
time and there is no requirement or process in place to require a start-up time and no
requirement for grassing or screening. She stated currently if a property needs attention,
the City Manager or his agent may request that a property have a silt fence which is a
fence that effectively blocks the view of weeds, trash, and prevents blowing sand. Mrs.
Finst proposed that the process be reversed so that a silt fence be required at the time of
demolition and in extenuating circumstances a waiver be granted by the City Manager to
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09/19/06
help eliminate some of the problems with unsightly views and people not tending to their
property.
At this point, the time being 7:55 a.m., the Commission moved to Item
9.C., of the Regular Agenda.
9.C. WAIVER REOUESTS/w AKSMACKI BUILDING: Consider a
request for waiver of Land Development Regulations (LDR) Section 4.4.24(G)(3), "Old
School Square Historic Arts District (OSSHAD); Supplemental District Regulations",
and Section 4.6. 16(H)(3)(d), "Landscape Regulations, Minimum Landscape
Requirements; New Multiple Family, Commercial, and Industrial Development"
associated with the Class V Site Plan for the Waksmacki Building located at 338 NE 1st
Avenue within the Old School Square Historic Arts District. (Quasi-Judicial Hearing)
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor Perlman asked the Commission to disclose their ex parte
communications. Mr. Levinson, Mrs. Montague, Mayor Perlman, and Mrs. Ellis had no
ex parte communications to disclose.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2006-170 into the record.
Mr. Dorling stated on August 23, 2006, the Historic Preservation Board
(HPB) approved a Class V development proposal and associated Certificate of
Appropriateness (COA) to construct a 4,646 total square foot two and three story mixed-
use structure. The development proposal included two waivers which requires approval
by the City Commission: (I) LDR Section 4.4. 12(G)(3), which requires that all parking,
except for single family homes and duplexes, shall be located in the side or rear yard or
adjacent to a rear alley, and; (2) LDR Section 4.6.16(H)(3)( d), which requires that a five
foot landscaped barrier be provided between the off-street parking area or other vehicular
use area and abutting properties. The Historic Preservation Board considered these two
waivers and recommended approval of each to the City Commission.
Pursuant to LDR Section 4.4.24(G)(3), all parking, except for single
family homes and duplexes, shall be located in the side or rear yard or adjacent to a rear
alley. The applicant proposes a circular driveway allowing for two (2) parking spaces
within the required front setback.
Francisco Perez-Azua, Applicant, stated he IS present to answer any
questions the Commission mayhave.
Mayor Perlman stated if anyone from the public would like to speak in
favor or in opposition of the waiver requests, to please come forward at this time. No one
from the public came forward to address the Commission about the waiver requests.
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09/19/06
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).
Mrs. Ellis moved to adopt the Board Order as set forth, seconded by Mrs.
Montague. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Mrs.
Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion passed with a 4
to 0 vote.
9.D. WAIVER REOUESTIMCDONALD'S RESTAURANT: Consider a
request for waiver of Land Development Regulations (LDR) Section 4.4. 12(F)(2),
"Planned Commercial (PC) District; Development Standards" associated with the Class
V Site Plan for the McDonald's Restaurant located at the Delray Mall on the west side of
South Federal Highway, approximately 1,555 feet north of Linton Boulevard (1400 South
Federal Highway). (Quasi-Judicial Hearing)
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor Perlman asked the Commission to disclose their ex parte
communications. The Commission had no ex parte communications to disclose.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2006-261 into the record.
Mr. Dorling stated on August 23, 2006, the Site Plan Review and
Appearance Board approved a site plan and landscape plan associated with a Class V
development proposal to demolish the existing 5,158 square foot restaurant (former
Denny's) and construction of a 3,860 square foot restaurant (proposed McDonald's) with
a drive through facility. The architectural elevations were approved at a subsequent
meeting on September 13, 2006. The approval included a waiver to LDR Section
4.4. 12(F)(2), which requires that any free-standing structure in the PC (Planned
Commercial) zoning district shall have a minimum floor area of 6,000 square feet. The
existing Denny's is 5,154 square feet and the site is not compliant with open space and
the applicant has made the argument that they are providing a smaller restaurant;
however, they are coming more into compliance with respect to the open space.
The Site Plan Review and Appearance Board (SPRAB) considered this
waiver and recommended approval to the City Commission. Staff also recommends
approval of the waiver.
Bradv Lessard. 3565 Corporate Parkway. Palm City. FL. (Applicant).
stated he appreciates staff's recommendation for approval as well as the Site Plan Review
and Appearance Board's (SPRAB) approval. He gave a brief presentation regarding the
site.
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09/19/06
Mayor Perlman stated if anyone from the public would like to speak in
favor or in opposition of the waiver request, to please come forward at this time.
Jayne Kin!!. 3400 Place Valencay. Delray Beach. stated if this is going
to be a McDonald's does this mean that there is going to be an additional McDonald's in
another part of town and asked if there is any possibility that it could be another use
beside a commercial type of chain.
The City Attorney stated the City of Delray Beach does not regulate this
condition.
Mr. Levinson asked if the hours of operation have been established. Tim
Chess, McDonald's Corporation, stated the hours of operation are consistent with the
shopping center and the overall area (6:00 a.m.-II :00 p.m.).
Mrs. Montague inquired about the ingress and egress onto the site. Mr.
Lessard stated it will comparable to what the city currently has there now and noted there
will be some upgrades to the landscaping and signage.
Mr. Levinson stated immediately south one can make a left turn into
Harborside and asked if there is a "No U-turn" sign there now. The City Manager stated
currently a U-turn is permitted. Mr. Levinson expressed concern over someone being
able to exiting out of there, crossing Federal Highway, and making a U-turn at the
Harbourside location. Mr. Lessard stated from the traffic engineer studies most of the
traffic will be traveling north to south. Mr. Levinson asked staff to look into either
providing more pavement on the east side (safety zone area) or prohibit U-turns.
The City Attorney suggested that the Commission add a condition (U-turn
safety condition) on the safety issue subject to approval by staff.
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).
Mrs. Ellis moved to approve the waiver request and adopt the Board Order
as set forth, seconded by Mrs. Montague. Upon roll call the Commission voted as
follows: Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Levinson -
Yes. Said motion passed with a 4 to 0 vote.
9.E. REQUEST FOR VALET QUEUE/CITY LIMITS: Consider a request
from City Limits to establish a valet parking queue to be located in the Railroad Parking
Lot.
Scott Aronson, Parking Management Specialist, stated this item is a
request from City Limits to establish a valet parking queue in the railroad parking lot. As
part of the project approval City Limits was required to provide 23 parking spaces.
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Pursuant to LDR Section 4.6.9(E)(5), this requirement was met with City Commission
approval of an off-site parking agreement between City Limits and Macmillan
Investments Limited. The parking lot to the south has a 23 space capacity which was
sufficient for the required parking for the conversion of use to the club. The parking lot
to the north has the equal 23 spaces. The request proposes to lease six parking spaces
located on the westernmost parking aisle, in front of the nightclub, seven days per week
between the hours of 6:00 p.m. and 2:00 a.m. The current charge for valet staging is
$75.00 per space per month which would generate $5,400 in annual revenue for the City
of Delray Beach. Staff will request the applicant provide signage at each lot clearly
identifying the appropriate utilization for each.
At its meeting of September 12, 2006, the Parking Management Advisory
Board unanimously recommended approval of the applicant's request. Staff recommends
approval.
Mrs. Montague asked about the lighting for the valet spaces. Mr. Aronson
stated the parking lot has some street lights and some of the other landscaped nodes also
have lighting that the parking lots would have. Mrs. Montague asked for clarification
with regard to how the valets are going to be parking the cars. In response, Mr. Aronson
stated the customers would come in and pull into the spaces as if they were parking there
and then the valet will get into the car and when safe to do so will back out of the parking
spaces and drive to the valet lot. On return of the car, the valet will pull it into the
parking space for the customer to get into and then the valet will stay in that area to assist
them in getting out of the parking space without causing any traffic problems.
Mr. Levinson stated that this may be worth reviewing in a few months
because he feels that some people will come off Atlantic Avenue at Elwood's and turn in
and if the valet is coming the from the other direction he expressed concern over it not
being the widest area.
Mrs. Ellis moved to approve the request from City Limits for a valet
parking queue to be located in the Railroad Parking Lot, seconded by Mrs. Montague.
Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs. Ellis -
Yes; Mr. Levinson - Yes; Mrs. Montague - Yes. Said motion passed with a 4 to 0 vote.
9.F. AMENDMENT NO. l/INTERLOCAL
AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY/LA FRANCE
HOTEL: Consider approval of Amendment No. I to the Interlocal Agreement between
the City and the Community Redevelopment Agency (CRA) for the rehabilitation and
construction of a new addition on the La France Hotel to incorporate the eRA's
responsibility to comply with the State Single Audit requirement in accordance with
Florida Statute 215.97 and approve an account funding change from State Housing
Initiatives Partnership (SHIP)/Housing Rehabilitation (118-1924-554-49.19) to (HHRP)
Hurricane Housing Recovery Program (118-1932-554-83.06) for this project.
Mayor Perlman declared a conflict of interest, passed the gavel to Vice
Mayor Ellis, and stepped down from the dais.
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09/19/06
Lula Butler, Director of Community Improvement, stated this item is an
amendment to the City's agreement with the Community Redevelopment Agency (CRA)
for the La France Hotel to incorporate the State Single Audit Requirement of Section
215.97 of the Florida Statute. In addition, staff is requesting approval to change the
account funding for this project from SHIP (State Housing Initiatives Partnership) 118-
1924-554-4919 to HHRP (Hurricane Housing Recovery Program) 118-1932-554-83.06.
Mr. Levinson moved to approve the Interlocal Agreement between the
City of Delray Beach and the Community Redevelopment Agency (CRA) be amended to
include the State Single Audit Requirement (Amendment No. I), seconded by Mrs.
Montague. Upon roll call the Commission voted as follows: Vice Mayor Ellis - Yes;
Mr. Levinson - Yes; Mrs. Montague - Yes. Said motion passed with a 3 to 0 vote.
9.G. REQUEST TO REDUCE LIENS/1119 N.W. 1st STREET: Consider a
request from Mr. Thor Brown to waive the interest and administrative fees totaling
$5,218.37 assessed for an unsafe building demolition and abating nuisances on property
located at 1119 N.W. 1sT Street. Mr. Brown is prepared to pay the remaining lien of
$3,545.19. Staff recommends approval.
At this point, Mayor Perlman returned to the dais.
Lula Butler, Director of Community Improvement, stated this item is
consideration for a request to release a portion of the liens assessed on an unsafe building
demolition for property located at 1119 N.W. 1st Street. This is consistent with the City
Commission's policy dated October 2003. Mrs. Butler stated in this case the owner has
already come in with the required building permit application and staff has reviewed the
plans and the permits are ready to be issued. Staff recommends releasing the liens in the
amount of $5,218.37 and Mr. Brown is prepared to pay the difference of the City's out-
of-pocket costs ($3,545.19).
Mr. Levinson moved to approve the reduction of liens in the amount of
$5,218 based on findings of consistency with the policy adopted for such requests,
seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mr. Levinson
- Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion
passed with a 4 to 0 vote.
9.H. SPECIAL EVENT REOUEST/ART & JAZZ: Consider approval and
endorsement of Art & Jazz on the Avenue scheduled for October 19,2006 from 6:00 p.m.
to 10:00 p.m.; and approve the closure of Atlantic Avenue from Swinton Avenue to N.E.
7th Avenue, S.B. 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 N.E. 2nd Avenue and Railroad Way, Railroad Way from Atlantic Avenue to the
alley just north of Atlantic Avenue, N.E. 2nd Avenue from Atlantic Avenue to the alley,
and A-1-A from Atlantic Avenue to the south property line of Boston's on the Beach, and
half ofthe Tennis Center Parking Lot.
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Robert A. Barcinski, Assistant City Manager, stated this is a request to
endorse the next Art & Jazz on the Avenue scheduled for October 19, 2006 from 6:00
p.m. to 10:00 p.m. with various street closures as listed along with staff support for
security, traffic control, banner hanging, barricading, etc. The event will extend to
NW/SW 5th Avenue and the request includes closure of A-1-A from the south side of
Atlantic to the south property line of Boston's and will include the Atlantic High School
Homecoming Parade. Staff recommends approval of the request.
Mrs. Montague moved to approve the special event request for Art & Jazz
on the Avenue scheduled for October 19, 2006, seconded by Mrs. Ellis. Upon roll call
the Commission voted as follows: Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs.
Ellis - Yes; Mr. Levinson - No. Said motion passed with a 3 to 1 vote, Commissioner
Levinson dissenting.
9.1. SETTLEMENT OFFER/CHERYL WRIGHT-DEIGNAN AND
ROBERT DEIGNAN V. CITY: Consider a Settlement Offer in the amount of
$10,000.00 in Cheryl Wright-Deignan and Robert Deignan v. City. Staff
recommendation is denial.
The City Attorney stated this is a proposal for settlement in the amount of
$10,000.00. Staff recommends denial of the settlement offer.
Mrs. Ellis moved to approve the Settlement Offer in the amount of
$10,000.00 in Cheryl Wright-Deignan and Robert Deignan v. City of Delray Beach,
seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mayor
Perlman - No; Mrs. Ellis - No; Mr. Levinson - No; Mrs. Montague - No. Said motion
was DENIED with a 4 to 0 vote.
9.J. IMPLEMENTATION OF SHUTTLE BUS SERVICES: Provide
direction regarding the implementation of shuttle bus services without grant funding from
Palm Beach County.
Mayor Perlman declared a conflict of interest, passed the gavel to Vice
Mayor Ellis, and stepped down from the dais.
Scott Aronson, Parking Management Specialist, stated the grant program,
which originated through the Federal Transit Administration (FTA), was being
administered by Palm Tran and required an Interlocal Agreement with the County. Due
to the grant being funded with federal money, the International Labor Organization (ILO)
was involved, and supplied Palm Tran with a document that needed to be complied with
by the municipalities and their agents. The document, to be included as part of the
Interlocal Agreement afforded certain rights and privileges to employees of any of the
private shuttle service providers commensurate that of unionized transit employees. The
City Attorney reviewed this with the County Attorney and none of the service providers
in the area that were going to provide these services could afford to comply with that
agreement. The County Attorney is working with the FTA and ILO to restructure the
agreement to alleviate some of the restrictions included in the document. Staff
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09/19/06
anticipates that the funding is not going to come to pass. The financial impact of
implementing the shuttle services without the grant would be an additional $80,000 per
year for three years. Staff is requesting direction from the City Commission as to
whether or not they would like to proceed and if so how they would like to fund this. The
choices are as follows: (1) the City of Delray Beach funding fully, (2) the City of Delray
Beach and the Community Redevelopment Agency (CRA) sharing at $40,000.00 each, or
(3) fully funded by the Community Redevelopment Agency (CRA).
It was the consensus of the Commission to implement the shuttle services
without the grant funding.
It was the consensus of the Commission that the City of Delray Beach
split the funding 50/50 with the CRA ($40,000.00 each).
Mrs. Montague stated since residents and tourists will be utilizing this, she
would like to see staff check the City's marketing program with Matjorie Ferrer (DDA).
In the City's marketing efforts, she would like to make sure that we target seniors,
students (coming from 1-95 west/east as well as from the beach area), merchants, and
tourists in addition to concentrating on the hotels (Marriott, Cranes). Mr. Aronson stated
staff will be presenting a marketing plan to the City Commission at the October
Workshop meeting. Mrs. Montague reiterated that she will specifically be looking for
how we incorporate seniors and making sure seniors get to utilize it as well as students
coming from west from 1-95 east as well as from the beach area west and would like
people to be able to get to the library. Mr. Aronson stated staff will employ the
Community Improvement Department through the homeowners' associations throughout
the city to help staff to get the word out.
9.1(. SUB-RECIPIENT HOUSING PARTNERSHIP
AGREEMENT/DELRAY BEACH COMMUNITY LAND TRUST. INC.: Consider
approval of the Sub-Recipient Housing Partnership Agreement between the City and the
Delray Beach Community Land Trust, Inc. for the purposes of subsidizing the costs
associated with affordable housing units within the Community Land Trust.
Lula Butler, Director of Community Improvement, stated this item is a
request to approve a Sub-Recipient Housing Partnership Agreement between the City of
Delray Beach and the Delray Beach Community Land Trust, Inc. (CLT) for the purpose
of subsidizing the costs associated with affordable housing units under the Community
Land Trust.
At the July 11, 2006 meeting, the City Commission approved Resolution
No. 49-06 adopting an amendment to the Local Housing Assistance Plan for fiscal years
2004-2007 pursuant to Title 67-37 of the Florida Administrative Code. The Sub-
recipient Housing Partnership Program was added to the City's Local Housing Assistance
Plan (LHAP) and subsequently approved by Florida Housing. A Request for Proposal
(RFP) was published and the sole responder was the Delray Beach Community Land
Trust. Mrs. Butler stated staff recommends approval of the Sub-Recipient Housing
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09/19/06
Partnership Agreement and noted that the CL T is proposing their first closing next week.
Mayor Perlman asked if this will expedite things and whether or not this
has to come before the Commission again. In response, Mrs. Butler stated this does not
have to come before the Commission again and the City will be writing a check directly
to the CLT when they submit a file for subsidy.
Mrs. Ellis moved to approve the Sub-Recipient Housing Partnership
Agreement between the City of Delray Beach and the Delray Beach Community Land
Trust, Inc., seconded by Mrs. Montague. Upon roll call the Commission voted as
follows: Mrs. Ellis - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman -
Yes. Said motion passed with a 4 to 0 vote.
9.L. APPOINTMENT TO THE EDUCATION BOARD: Appoint one (1)
student member and one (I) regular member to the Education Board to serve unexpired
terms ending July 31, 2007. Based upon the rotation system, the appointments will be
made by Commissioner Levinson (Seat #3) and Commissioner Montague (Seat #4).
Mr. Levinson moved to appoint Jacarra Wilson as a student member to the
Education Board to serve an unexpired term ending July 31, 2007, seconded by Mrs.
Montague. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Mrs.
Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion passed with a 4 to
o vote.
Mrs. Montague moved to appoint Adam Davis as a regular member to the
Education Board to serve an unexpired term ending July 31, 2007, seconded by Mr.
Levinson. Upon roll call the Commission voted as follows: Mrs. Montague - Yes;
Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Levinson - Yes. Said motion passed with a
4 to 0 vote.
9.M. APPOINTMENT TO THE HISTORIC PRESERVATION BOARD:
Appoint one (1) regular member to the Historic Preservation Board to serve a two (2)
year term ending August 31, 2008. Based upon the rotation system, the appointment will
be made by Commissioner Ellis (Seat #1).
Mrs. Ellis moved to appoint Toni Del Fiandra as a regular member to the
Historic Preservation Board (HPB) to serve a two (2) year term ending August 31, 2008,
seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mayor
Perlman - Yes; Mrs. Ellis - Yes; Mr. Levinson - No; Mrs. Montague - Yes. Said motion
passed with a 3 to 1 vote, Commissioner Levinson dissenting.
9.N. CITY ATTORNEY EVALUATION.
Brief discussion followed by the Commission regarding the City
Attorney's annual performance evaluation.
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09/19/06
Mrs. Montague moved to approve a five (5%) percent salary increase for
the City Attorney, seconded by Mrs. Ellis. Upon roll call the Commission voted as
follows: Mrs. Ellis - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman -
Yes. Said motion passed with a 4 to 0 vote.
9.0. CITY MANAGER EVALUATION.
Brief discussion followed by the Commission regarding the City
Manager's annual performance evaluation.
Mrs. Montague moved to approve a four (4%) percent salary increase.
The motion failed due to a lack of a second.
Prior to the vote, Mr. Levinson distributed copies of the City Manager's
evaluation form that he reviewed with the City Manager today. Mr. Levinson briefly
discussed the evaluation points for the various categories.
Mrs. Ellis moved to approve a four and one-half (4.5%) percent salary
increase for the City Manager, seconded by Mrs. Montague. Upon roll call the
Commission voted as follows: Mr. Levinson - No; Mrs. Montague - Yes; Mayor
Perlman - Yes; Mrs. Ellis - Yes. Said motion passed with a 3 to I vote, Commissioner
Levinson dissenting.
At this point, the time being 8:46 p.m., the Commission moved to Item
12, First Readings portion of the Agenda.
12.
FIRST READINGS:
12.A. ORDINANCE NO. 53-06: An ordinance amending Chapter 101, "Parks,
Beaches, and Recreation", of the City Code of Ordinances by amending Section 101.24,
"Traffic Regulations", to clarify that motor vehicles are permitted to travel on State Road
A-I-A. Ifpassed, a public hearing will be scheduled for October 3, 2006.
The caption of Ordinance No. 53-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE CODE OF ORDINANCES OF THE
CITY OF DELRA Y BEACH BY AMENDING
SECTION 101.24, "TRAFFIC REGULATIONS", TO
CLARIFY THAT MOTOR VEHICLES ARE
PERMITTED TO TRAVEL ON STATE ROAD A-I-A;
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 53-06 is on file in the City Clerk's
office.)
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09/19/06
The City Attorney read the caption of the ordinance and stated staff would
like to further clarify parking areas and add this verbiage to the ordinance per
Commissioner Levinson's suggestion.
Mr. Levinson moved to approve Ordinance No. 53-06 on FIRST Reading
as amended, seconded by Mrs. Montague. Upon roll call the Commission voted as
follows: Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Levinson-
Yes. Said motion passed with a 4 to 0 vote.
12.B. ORDINANCE NO. 54-06: An ordinance amending Chapter 96, "Fire
Safety and Emergency Services", Section 96.66, "Emergency Medical Transportation
Fees", of the Code of Ordinances to adjust the fee schedule for emergency medical
transportation in accordance with the National Ambulance Fee Schedule. If passed, a
public hearing will be scheduled for October 3,2006.
The caption of Ordinance No. 54-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING CHAPTER 96, "FIRE SAFETY AND
EMERGENCY SERVICES", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRA Y BEACH,
BY AMENDING SECTION 96.66. "EMERGENCY
MEDICAL TRANSPORTATION FEES", SUBSECTION
96.66(A), TO ADJUST THE FEE SCHEDULE FOR
EMERGENCY MEDICAL TRANSPORTATION IN
ACCORDANCE WITH THE NATIONAL AMBULANCE
FEE SCHEDULE; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE AND AN EFFECTIVE
DATE.
The official copy of Ordinance No. 54-06 is on file in the City Clerk's
office. )
The City Attorney read the caption of the ordinance.
Mr. Levinson asked if the proposed fees are based on Medicare
reimbursement. Charles Stravino, Assistant Fire Chief, stated he believes the fees are
based on Medicare reimbursement.
The City Manager stated Chief Koen's memorandum indicates that the
fees are consistent with the Medicare fee schedule.
Mrs. Montague moved to approve Ordinance No. 54-06 on FIRST
Reading, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows:
Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes.
Said motion passed with a 4 to 0 vote.
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09/19/06
At this point, the Commission moved to Item 13, Comments and
Inquiries on Non-Agenda Items.
13.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13.A.
City Mana2:er
The City Manager thanked the City Commission for their evaluation
comments. He stated he takes Commissioner Levinson's comments as constructive. He
stated some things they disagree on; however, there are also some good suggestions. The
City Manager stated he will continue to work on some areas that they have had to deal
with.
Secondly, he stated he will be in Branson, Missouri Friday and next
Monday for a Ship Reunion.
13.B. City Attornev
The City Attorney thanked Terrill Barton, Assistant City Attorney, for her
assistance with many items on the Agenda.
Secondly, the City Attorney thanked the City Commission for her salary
increase and their comments as well.
13.C.
13.C.1.
City Commission
Mrs. Ellis
Mrs. Ellis thanked Commissioner Levinson because she went to see Ruby
Payne. She stated it was an eye opening presentation and it was well worth the trip.
Secondly, she will be in Tampa for the rest of this week for an Ethics and
Sunshine Law Seminar.
Lastly, Mrs. Ellis thanked everyone for their kind words, thoughts, and
prayers with regard to the passing of her mother.
13.C.2.
Mrs. Monta2:ue
Mrs. Montague stated yesterday Lula Butler, Director of Community
Improvement, and her staff rolled out the Neighborhood Pride Grant Application at the
New Resource Center. She thanked Mrs. Butler for taking an idea and building it into an
extraordinary proj ect.
Secondly, Mrs. Montague stated local artist Gary Moore who we utilized
for the Northwest/Southwest 5th Avenue graphics for the pavers was highlighted in the
New York Times.
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09/19/06
13.C.3.
Mr. Levinson
Mr. Levinson reported on the Treasure Coast Regional Planning Council
(TCRPC) meeting last week. He stated there was discussion regarding affordable
housing in addition to the DRI's which they approved. He stated there is a summary of
House Bill 1363 which is the affordable housing legislation that was passed and noted the
issues forum had a meeting yesterday morning with Representative Machek and
Representative Hasner. Representative Taylor could not attend and noted they are three
of the ten members of the affordable housing House sub-committee. Mr. Levinson stated
one of the suggestions to them was that there were some elements of the House Bill 1363
that probably need to be expanded particularly with rentals and some of the things with
the hurry of doing so, did not get included.
Secondly, he inquired as to whether or not there are any other
Metropolitan Planning Organization (MPO) issues. He stated there is an open component
of the meeting for suggestions by members. The City Manager stated relative to this
there was talk of doing a local grant and noted his assumption is that Palm Tran has to
comply with this labor requirement so maybe that money could go to Palm Tran which
would free up some County money to use for these cities.
Mr. Levinson stated there was an email that came to the Commission
regarding the Corridor and it was described as the South Federal Highway Corridor
meeting and noted it is not a widening project as it was characterized. Mr. Levinson
suggested that this meeting be posted on the City's website for Tuesday, September 26,
2006.
He stated there has been discussion regarding the Southeast Florida
Railroad Corridor Study that there will potentially be a selected first stop sight for either
test and/or as the beginnings ofthe buildings of the system. He stated they are looking at
Boca Raton and Delray Beach. Mr. Levinson suggested that Mayor Perlman or the City
Manager communicate to this group and copy everyone in the MPO that we think that we
might be a great initial stop for this effort because of the synergies of the numbers of
people who come to Delray Beach.
Mr. Levinson stated he received the City Manager's response to a letter
from Chuck Jeroloman and today just received his response to the City Manager. The
City Manager stated he believes the letters crossed in the mail. Mr. Levinson stated he is
concerned that for whatever period of time the City did not update the database that there
may have been monies from the street addresses going to other entities. With regard to
the Communications Service Tax and 175 & 185 (premium tax for pension plans), Mr.
Levinson asked staff to sort this out so if there are monies that went to the County that
those get deducted from the County subsequent to reimbursements and redirected to the
City of Delray Beach for the period of time that his happened. The City Manager stated
he will look into this matter.
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09119/06
Mr. Levinson commended Lula Butler, Director of Community
Improvement for the landlord seminar and stated one of his neighbors emailed the
Commission about prostitution that was going on in a house they owned (The Baroney's).
Mr. Levinson stated the Baroney's went to a landlord seminar put on by the City of
Delray Beach and they said it saved them an enormous amount of money in legal fees.
Mr. Levinson stated the ulterior motive for staff is as we get better relationships between
tenant and landlord maybe some problems will be solved in advance as opposed to in
arrears with Code, and also assist in making sure we mitigate this.
Mr. Levinson stated Lula Butler, Director of Community Improvement,
has been appointed to the Century Commission for the State of Florida by the Governor.
He stated he is very proud that Mrs. Butler is on this Commission and is confident she
will serve Delray Beach well and the citizens of Florida.
13.C.4.
Mavor Perlman
Mayor Perlman stated he received an email from a new resident who is
from New England. He raised an issue about non-smoking portions of the beach in New
England. He loves the City of Delray Beach however his only complaint is that there are
numerous cigarette butts everywhere and has seen it mitigated by having designated
smoking areas that are patrolled and then it limits it to a certain area where you can
concentrate cleaning. Mayor Perlman stated this is a good idea but he does not know
how this would work. Mayor Perlman stated the new resident is an attorney from New
England and he will forward the email to the City Attorney.
Secondly, Mayor Perlman stated he attended a retirement party
approximately two weeks ago for Agent Donovan from the Police Department. He stated
he wished there was video archiving done of Police Officers and Firefighters when they
leave employment with City. He stated their stories and experiences are very interesting
(i.e. the group who is leaving now started working in the 1980's when Delray Beach was
a dramatically different place) and people forget how far the City has come particularly in
areas of public safety. Mayor Perlman feels that new employees, new residents and old
residents would enjoy the stories.
Mayor Perlman stated Alberta McCarthy, he and Diane Colonna went to
Bethesda Memorial Hospital to see Mrs. Pompey last night. Mrs. Pompey will be having
hip surgery tomorrow. He stated because of insurance issues, Mrs. Pompey has been at
Bethesda and they were moving her out to a nursing home only to bring her back
tomorrow to Bethesda to operate on her. Mayor Perlman stated Mrs. Pompey deeply
appreciates telephone calls and visits.
Mayor Perlman commented about the passing of Brahm Dubin last week
and noted that the service was very moving. Mayor Perlman suggested that something be
done recognizing Mr. Dubin (i.e. naming a room after him at either the tennis or the golf
facility) because he was such an instrumental person in the tennis and golf evolution of
- 35 -
09/19/06
the city. Mr. Dubin played a big role in bringing the Davis Cup, the FED Cup and the
Chris Evert event to the City of Delray Beach.
He stated the Community Redevelopment Agency (CRA) talked to the
Federspiel Family about the Block 69 garage. Mayor Perlman stated he received a letter
from Cindy Federspiel regarding the status of what is happening with their family, etc.
Mayor Perlman commended Sandra Tobias, Debra Kaiser, Roger Ribeiro,
Janet Meeks, and Lula Butler for being very dedicated and stated the Education Board
has really taken off.
He commented about the Spelling Bee and stated they raised $30,000 for
Literacy.
There being no further business, Mayor Perlman declared the meeting
adjourned at 9: 13 p.m.
City Clerk
ATTEST:
MAYOR
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the
information provided herein is the Minutes of the Regular City Commission Meeting held
on September 19, 2006, which Minutes were formally approved and adopted by the City
Commission on
City Clerk
- 36-
09119/06
NOTE TO READER:
If the Minutes you have received are not completed as indicated above, this means they
are not the official Minutes of the City Commission. They will become the official
Minutes only after review and approval which may involve some amendments, additions
or deletions as set forth above.
- 37 -
09/19/06
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
WAIVER REQUEST FOR WAKSMACKI BUILDING
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRA Y BEACH, FLORIDA
1. These waiver requests have come before the City Commission on
September 19, 2006.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the waiver request for Waksmacki
Building. 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 LDR Section 4.4.24(G)(3), all parking, except for single family homes and
duplexes, shall be located in the side or rear yard or adjacent to a rear alley. The
applicant proposes a circular driveway allowing for two (2) parking spaces within the
required front setback.
Pursuant to LDR Section 4.6.16(H)(3)( d), a landscaped barrier shall be provided
between the off-street parking area or other vehicular use areas and abutting properties.
This landscape barrier shall be located between the common lot line and the off-street
parking area or other vehicular use area in a planting strip of not less than five (5) feet in
width. The Applicant has requested a waiver to reduce the landscape strips to 2'9" and
3'3".
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 parking waiver request meet all the requirements of 2.4.7(B)(5)?
1
I+eM q.C.
Yes 4
No
o
Does the landscape waiver requested meet all the requirements of 2.4.7(B)(5)?
Yes 4
No 0
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.
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 -1L-
denies _ the waiver requests to LDR Sections 4.4.24(G)(3) and 4.6.16(H)(3)(d).
6. Based on the entire record before it, the City Commission hereby adopts
this Order this 19th day of September, 2006, by a vote of
4 in favor and 0
opposed.
ATTEST:
~ ~~'~\~'~I
Chevelle Nubin, City CierI<
2
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
WAIVER REQUEST FOR MCDONALD'S RESTAURANT
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRA Y BEACH, FLORIDA
1. These waiver requests have come before the City Commission on
September 19, 2006.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the waiver request for McDonald's
Restaurant. 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 LDR Section 4.4.12(F)(2), aflY free-standing structure shall have a minimum
floor area of 6,000 square feet. The proposed restaurant is 3,860 square feet. The
applicant has submitted a waiver request to reduce the minimum floor area accordingly.
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 X No
*subject to staff approval of the safety of the U-Turn issue
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
rfefY'\ q;--;D r
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 .....4....-
denies ~ the waiver request to LOR Section 4.4.12(F)(2).
6. Based on the entire record before it, the City Commission hereby adopts
this Order this 19th day of September, 2006, by a vote of
opposed.
in favor and 0
ATTEST:
~'\).~
Chevelle Nubin, City Clerk
2
FORM 88 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER lOCAL PUBLIC OFFICERS
LAST NAME-FIRST NAME-MIDDLE NAME NAME OF BOARD. COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE
Perlman, Jeffrey L. Delray Beach City Commission
MAILING ADDRESS lliE BOARD, COUNCIL. COMMISSION, AUTHORITY OR COMMITTEE ON
971 Delray Lakes Drive WHICH I SERVE IS A UNIT OF:
CITY COUNTY lit CITY Q COUNTY Q OTHER LOCAL AGENCY
Delrav Beach,Fl. 33444,-,- Palm Beach NAME OF POLITICAl.. SUBDIVISION:
City of Delray Beach
DATE ON WHICH VOTE OCCURRED MY POSITION IS:
9/19/06 xx: ELECTIVE Q APPOINTIVE
WHO MUST FILE FORM 88
This fonn is far use by any person serving at the county, City, or other local level of government on an appointed or elected board, counCil,
commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this fonn before
completing the reverse side and filing the fonn.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA stAtUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his or her special private gain or loss. Each elected or appointed local officer also Is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or slJe is retained (inoIuding the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss Of a relative; or
to the Special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a "relative* includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-In-law, and daughter-in-law. A "business associate* means any person or entity engaged In or carrying on a business
enterprise with the offlC8r as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares Of the corporation
are not listed on any national or regional stock exchange).
.
.
.
.
*
.
.
*
*
*
*
*
*
*
*
*
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this fonn with the person responsible for recording the min-
utes Of the meeting, who should incorporate the fonn In the minutes.
.
.
*
*
*
*
.
*
*
*
*
*
*
*
*
.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations deseribed above, you otherwise may participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to Influence the decision, whether orally or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE N4Y ATTEMPT TO INFLUENCE THE DECISION PRIOR TOTHE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
· You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the
I minutes of the meeting, who will incorporate the fonn in the minutes. (Continued on other side)
CE FORM 88 - EFF. 1/2000
Item 9.F
PAGE 1
APPOINTED OFFICERS (continued)
· A copy of the fonn must be provided Immediately to the other members of the agency.
· The fonn must be read publicly at the next meeting after the form Is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
. You must disclose orally the nature of your conflict In the measure before participating.
· You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting, who must Incorporate the form in the minutes. A copy of the fonn must be provided immediately to the other members of the
agency, and the fonn must be read publicly at the next meeting after the tonn is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I,
Jeffrev PerIman
, hereby disclose that on
September 19,
,20 D6-:
(a) A measure came or will come before my agency which (check one)
Inured to my special private gain or loss;
Inured to the special gain or loss of my business associate,
X Inured to the sPecIal gain or loss of my relative, D1 ane Colonna
Inured to the special gain or loss of
whom I am retained; or
Inured. to the special gain or loss of
Is the parent organization or subsidiary of a principal which has retained me.
(b) The meaSOre.before my agency and the nature of my conflicting interest In the measure is as follows:
Diane Colonna, my wife, is Director of the C01IDD.Unity Redevelopment Agency (CRA).
I have a conflict voting on items that directly affect the CRA.
,by
,which
September 19, 2006
Date Filed
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 5112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOllOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENAL TV NOT TO EXCEED $10,000.
CE FORM 88 - EFF. 1/2000
PAGE 2
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY: MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME-FIRST NAME-MIDDLE NAME
Perlman Jeffrey L.
MAlUNG ADDRESS
971 Delra Lakes
NAME OF BOARD, COUNCIL, COMMISSION. AUTHORI1Y, OR COMMITTEE
.ssion
THE BOARD. COUNCIL, COMMISSION. AUTHORl1Y OR COMMITTEE ON
WHICH I SERVE IS A UNIT OF:
" CITY Q COUNTY Q OlliER LOCAL AGENCY
NAME OFPOL/TlCA/.. SUBDIVISION:
Cit . of Delray Beach
MY POSITION IS:
Drive
COUNTY
a h Fl. 33444 Palm Beach
DATE ONWHlCH VOTE OCCURREP
September 19, 2006
CITY
m ELECTIVE
Q APPOINTIVE
WHO MUST FILE FORM 88
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies equally to members ofadvlsory and non-advisory bodies who are presented with avoting
conflict of Interest under Section 112.3143, Florida Statutes.
. Your responsibUities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructlonson thisfonn before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure ,which
inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which Inures to the special gain or loss of a principal (other than a government agency) by whom he or she Is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a *relative* includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-In-law, and daughter-in-law. A -business associate. means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
.
.
.
.
*
*
*
*
*
*
*
*
*
*
. ELECTED OFFICERS:
In addition to abstaining from voting In the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this fonn with the person responsible for recording the min-
utes of the meeting..who should incorporate the ~ann in the minutes.
.
.
*
.
*
*
.
.
*
*
.
*
*
*
.
.
APPOINTED OFFICERS:
Although yournust abstain from voting in the situationsdescrlbed above, you otherwise may. participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE Will BE
TAKEN:
* Yournust complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who will Incorporate the fann in the minutes. (Continued on other side)
ce FORM 88 - EFF. 1/2000
Item 9.J
PAGE 1
APPOINTED OFFICERS (continlled)
· A copy of the form must be provided Immediately to the other members Of the agency.
· The tonn must.be read. publicly at the next meeting. after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFlUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
· You must disclose orally the nature of your conflict in the measure before participating.
. You must complete the form and file It within .15 days after the vote occurs with the person responsible for recording. the minutes of the '
meeting, who must incorporate the form In the minutes. A copy of the form must be provided immediately to the other mGmber$ of the
agency, and the form must be readpu~icly at the next meeting after the fonn is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I, Ip~~TPY P@Tlman
, hereby disclose that on
September 19,
,20 06-:
(a) A measure calTle or will come before my agency which (check one)
inured to my special private gain or loss;
inured to the specialgaln or loss of my business associate,
XX inured to the special gain or loss of my relative, Diane Colonna
Inured to the special gain or loss of
whom I am retained; or
inured to the special gain or loss of
Is the parent organization or subsidiary of a principal which has retained me.
(b) The'meaSure before my agency and the nature of my conflicting interest in the measure is as follows:
Diane "COl()nna, my wife, is Director of the CODIDlUnity Redevelopment Agency (CRA).
I have a conflict voting an items that directly.affect the CRA.
, by
,which
September 19, 2006
Date Flied
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~112.317, A FAILURE TO MAKE ANYREdUIRED.DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAl OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION. REDUCTION IN SAlARY, REPRIMAND, OR A
CIVIL PENAlTY NOT TO EXCEED $10,000.
CE FORM 8B - EFF. 1/2000
PAGE 2
4
WHEREAS, city government is the government closest to most citizens, and the
one with the most direct daily impact upon its residents; and
WHEREAS, city government is administered for and by its citizens, and is
dependent upon public commitment to and understanding of its many responsibilities;
and
WHEREAS, city government officials and employees share the responsibility to
pass along their understanding of public services and their benefits; and
WHEREAS, Florida City Government Week is a very important time to recognize
the important role played by city government in our lives; and
WHEREAS, this week offers an important opportunity to spread the word to all
the citizens of Florida that they can shape and influence this branch of government
which is closestJo the people; and
WHEREAS, the Florida League of Cities and its member cities have joined
together to teach students and other citizens about municipal government through a
variety of different projects and information; and
WHEREAS, Florida City Government Week offers an important opportunity to
convey to all tbe citizens of Florida that they can shape and influence government
through their civic involvement.
NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach,
Florida, on behalf of the City Commission do hereby proclaim the week of October 15
through October 21, 2006 as
FLORIDA CITY GOVERNMENT WEEK
in the City of Delray Beach, Florida, and encourage all citizens, city government officials
and employees to do everything possible to ensure that this week is recognized and
celebrated acc9rdingly, and to encourage educational partnerships between city
government and schools.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official
Seal of the City of Delray Beach, Florida, to be affixed this 3rd day of October, 2006.
JEFF PERLMAN
MAYOR
(Pfr
r,
-
[ITY DF DELIAY BEAI:H
100 N.W. 1st AVENUE
DELRAY BEACH, FLORtDA 33444
561/243-7000
DElRAY BEACH
~~~~.
All-America City
, III I!
PROCLAMATION
1993
2001 WHEREAS, Mr. James Lamar Shuler was born August 14,1953, son of Marian Stewart
Shuler and Cleveland Shuler, in Delray Beach, Florida, and grew up in "Frog Alley"; and
WHEREAS, Lamar went to grammar school S.D. Spady Elementary School, graduated
from Atlantic High School in 1971 and graduated from Miami-Dade Community College in 1976
with a degree in Mortuary Science. He became a Licensed Funeral Director in 1977; and
WHEREAS, Lamar has always been concerned about economic development and
expansion among African-Americans and in addition believed that we should all be committed to
providing professional and quality services; and
WHEREAS, Lamar was named 1998 Mortician ofthe Year; and
WHEREAS, Lamar was
. First Vice-President of the Florida Morticians' Association;
. Chairman of the Community Redevelopment Agency (CRA);
. Chairman of the West Atlantic Avenue Redevelopment Coalition, Inc.;
. Member of the Delray Beach Masonic Lodge No. 275;
. Member of Zeta Iota Sigma Chapter of Phi Beta Sigma Fraternity;
. Member of Alpha Gamma Chapter of Epsilon Nu Delta Mortuary Fraternity; and
. Was a Member of the Visions 2000 Committee for Delray Beach
WHEREAS, Lamar was a member of Saint Paul AME Church in Delray Beach.
WHEREAS, Lamar purchased the abandoned House of Albert Funeral Home on West
Atlantic Avenue which was renovated and dedicated "Shuler's Memorial Chapel" on May 26,
1985; and
WHEREAS, Shuler's Memorial Chapel, Inc. located at 606 West Atlantic Avenue, Delray
Beach, Florida, a long awaited dream of Mr. Shuler's, was expanded in May 2001.
NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach, Florida, on
behalf of the City Commission do hereby posthumously recognize and commend
JAMES LAMAR SHULER
and call upon all present to acknowledge and applaud his longtime outstanding and exemplary
dedication, multitudinous contributions and accomplishments to the City of Delray Beach, its
residents and his community.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of
the City of Delray Beach, Florida, to be affixed this 3rd day of October, 2006.
~ltA
LMAN "-
MAYOR
@ Printed on Recycled Paper
THE EFFORT ALWAYS MATTERS
~,G
MEMORANDUM
SUBJECT:
MAYOR AND CI1Y COMMISSIONERS
CI1Y MANAGE~
AGENDA ITEM ~ <i:-it. REGULAR MEETING OF OCTOBER 3,2006
FINAL PLAT APPROVAL/CITYSCAPE PLAT
TO:
FROM:
DATE:
SEP1EMBER 29,2006
This is before the Commission to approve the fInal boundary plat for Cityscape, located on the
northwest comer of N.E. 3rd Street and N.E. 5th Avenue (Southbound Federal Highway). The
property is a re-plat of a portion of Lots 4 through 14, and a portion of the 14 foot abandoned alley
right of way lying north of Lot 11, Block 97 of Highland Park.
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 Cityscape.
S:\City Clerk\agenda memos\Final Plat Cityscape 100306
City Of Delray Beach
Department of Environmental Services
M E M 0 RAN DUM
TO:
David T. Harden, City Manager
FROM:
Timothy Tack, E.!., Project Manager ESO/CRA
DATE:
September 25, 2006
SUBJECT: Cityscape Final Plat
Agenda Request
The attached Agenda Request is for Commission approval of the Cityscape Final Plat,
a proposed boundary plat. This property is a replat of a portion of lots 4 through 14,
and a portion of the 14 foot abandoned alley right of way lying north of lot 11, block 97
of Highland Park, as recorded in Plat Book 2, Page 79, being in Section 16, Township
46 South, Range 43 East, City of Delray Beach, Palm Beach County, Florida.
This property is located on the northwest corner of N.E. 3rd Street and N.E. 5th Avenue
(Southbound US1).
This is a Final Boundary Plat 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 October 03, 2006 Commission
Agenda for approval.
Thanks!
enc
cc Richard Hasko, Director of Environmental Services
Randal Krejcarek, City Engineer
Scott Zubek, Senior Planner
Li'melda Gaskins, Executive Assistant/Agenda
T AC File
Agenda File, October 03, 2006
S..\EngAdmin\TACICityscape\2006 Oct 3 agenda memo. doc
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LOCA TION MAP
TAC
1 OF 1
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Date: 25 September 2006
AGENDA ITEM NUMBER:M
0,-................,...."'..
.' -.'.L'/:'!';:(....... _..
AGENDA REQUEST
Request to be placed on:
X_Consent Agenda _Regular Agenda _Workshop Agenda _Special Agenda
When: 03 October 2006
Description of Agenda Item (who, what, where, how much):
RequC'st is for Commission approval of the Cityscape Final Plat, a proposed boundary plat.
Th is property is a replat of a portion oflots 4 through 14, and a portion of the 14 foot
abandoned alley right of way lying north oflot 11, block 97 of Highland Park, as recorded in
Plat Book ~, Page 79, being in Section 16, Township 46 South, Range 43 East, City of Delray
BeRch. Palm Beach County, Florida.
Staff Recommendation: APprov~ ~
Department Head Signature: -4
q-z~-o(P
City Attorney ReviewlRecommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No Initials: N.A.
Account Number
Description
Account Balance:
Funding Alternatives:
(if applicable)
City Manager Review:
Approved for Agenda: @ / No Initials:
Hold Until:
ozAJI
Agenda Coordinator Review:
Hccoived:
S:\EllgAdmin\TAC\Cityscape\2006 Oct 03 agenda. doc
MEMORANDUM
FROM:
MAYOR AND CI1Y COMMISSIONERS
CI1Y MANAGERfll'--1
AGENDA ITEM # q ~ . REGULAR MEETING OF OCTOBER 3, 2006
REOUEST FOR SIDEWALK DEFERRAL/520 NORTH OCEAN
BOULEVARD
SEPTEMBER 29, 2006
TO:
SUBJECT:
DATE:
This is before Commission to approve a request to defer the installation of a sidewalk in front of 520
North Ocean Boulevard.
Currently, there are no sidewalks in this area. Although a sidewalk may be installed in the future,
there are no plans to install a sidewalk along North Ocean Boulevard. Therefore, staff is in support
of the request to have the sidewalk in front of 520 North Ocean Boulevard.
Recommend approval of the sidewalk agreement and request to allow the deferral of the sidewalk
improvements for 520 North Ocean Boulevard until such time as the City requests the sidewalk to be
constructed.
S:\City Clerk\agenda memos\SidewalkDeferralRequest 520 North Ocean Blvd. 10.03.06
City Of Delray Beach
Department of Environmental Services
M E M 0 RAN DUM
TO:
David T. Harden
FROM:
Randal L. Krejcarek, P .E.
DATE:
25-Sep-06
SUBJECT: City Commission Agenda Item
Sidewalk Deferral Request
502 N. Ocean Blvd
The attached agenda item is a request for a deferral of sidewalk installation in front of
502 N. Ocean Blvd. This lot is a single family home.
There are currently no sidewalks on this area.
Therefore, I am supporting the request to have the sidewalk in front of 502 N. Ocean
Blvd deferred.
The attached map indicates the location of this sidewalk deferral.
Please place this item on the 03 October 2006 Commission Agenda.
Thanks.
enc
cc Richard Hasko, Director of Environmental Services
file
Agenda File, 03 October 2006
S:\EngAdmin\TAC\502 N Ocean Blvd\502 N Ocean agenda memo 2006-09-25.doc
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~ 44 90UIH 8lIINIl:lN AWN.I! Cl!!.N.Y I!I!ACH. I"l...CIM)A. $S4ot4
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LOCA llON MAP
502 N. OCEAN BLVD
SIDEWALK DEFERRAL
DA1E:CS/29 /2CJ1l6
f>o2 N. OCEAN
00 000
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Prepared By: RETURN TO:
R, Brian Shutt, Esq.
City Attorney's Office
200N.W.1stAvenue
Delray Beach, Florida 33444
AGREEMENT FOR
SIDEWALK IMPROVEMENTS
as the City requests the construction of the sidewalk by the Owner.
WHEREAS, Land Development Regulation Section 6.1.3(C) requires the installation of a
/ sidewalk, within the cf/A4 ~ ,4119 right-of-way immediately abutting the subject
property, by the Owner prior to the issuance of a certificate of occupancy; and,
WHEREAS, the Owners have requested a waiver from the requirement of the installation
of a sidewalk pursuant to Land Development Regulation Section 6.1.3(D)(1)(b); and,
WHEREAS, in order to provide conformity along the street the City Commission voted
to waive the requirement for the installation of a sidewalk until such time as the City requests the
Owner construct the sidewalk.
WITNESSETH
NOW, THEREFORE, in witness ofthe above and in consideration of the City agreeing to
waive the requirement for the installation of a sidewalk, at this time, for the property located at:
5#.;l#, ~~ I!1InI., /tJ1j,~ ~c/ FL'.
.5ef.1US ,4dd'/-/',AJ L" r 9 I- d.. dn I/p! 1'471- /P
I I' .
The Owner agrees to construct a sidewalk, at its sole cost and expense, along the
56,k ~ /1//1
1.
right-of-way abutting the subject property, within a time period
that is acceptable to the City, after being requested to do so by the City. The sidewalk, when
constructed, shall meet all of the current ordinances of the City of Delray Beach.
2. It is the intent of the parties that this Agreement shall run with the land. This
Agreement shall be recorded in the public records of Palm Beach County, Florida and shall be
binding on the parties legal representatives, heirs, successors and assigns.
IN WITNESS WHEREOF, the parties to this agreement set their hands and seals this
_ day of
,200_.
ATTEST:
CITY OF DELRA Y BEACH, FLORIDA
By:
City Clerk
Mayor
Approved as to form and sufficiency:
2
City Attorney
;.
\, r,
..
ype or print name) L::bt1al.a S. tl cU....rd"Z-
( e e type or print name) ~ u.\\e.. ud..errl-z.- .
STATE OF (~Ot2.lDA
COUNTY OF l' A-LM 136tH &U !'IT,
C"I.~eh:or;going instrument was acknowledged before me this R day of
~' 200" by "Wrn I d ..y:r LtJ,,_ Ll.d errtz-{name of officer or agent), of
- (name of corporation), a (State or place of
incorporation) corporation, on behalf of the corporation. He/She is personally lmown to "me or
has produced (type of identification) identification an ,di id
not take an oath.
(
agJsidewalk deferral agreement
3
Date:
25 Sept. 2006
AGENDA ITEM NUMBER:~ ~
........................
. "."
..' " ..
. ~
AGENDA REQUEST
Request to be placed on:
-LConsent Agenda _Regular Agenda _Workshop Agenda _Special Agenda
When:
03 Oct. 2006
Description of Agenda Item (who, what, where, how much):
Approval/authorization for Mavor to sian sidewalk deferral aareement for 502 N Ocean Blvd.
Recommendation staffreeom~.
Department Head Signature. c:
'1- -z.,S' -(}o
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No Initials: NA
Account Number NA
Description NA
Account Balance: NA
F.unding Alternatives:
NA
(if applicable)
City Manager Review:
Approved for Agenda: @ I No Initials: 4
Hold Until:
Agenda Coordinator Review:
Received:
S:\EngAdmin\TAC\502 N Ocean Blvd\502 N Ocean Blvd agenda030ctober2006.doc
MEMORANDUM
FROM:
MAYOR AND CI1Y COMMISSIONERS
CI1Y MANAGER ~
AGENDA ITEM # ~t. REGULAR MEETING OF OCTOBER 3, 2006
SERVICE AUTHORIZATION NO. 4.1/CH2M HILL. INC.
TO:
SUBJECT:
DATE:
SEPTEMBER 29, 2006
This is before the Commission to approve Service Authorization No. 4.1 to CH2M Hill, Inc. in the
amount of $82,017.00 for project management services for programming, planning and development
of the Old School Square Cultural Arts Center Expansion.
The scope of services includes complete project management services with assistance for the RFQ
process for retaining a design professional, coordination with the City, the design consultant and
stakeholders for format/content of visioning sessions and community workshops. Coordination and
oversight of the design consultant during preparation of site plans and construction documents for
the project, quality control reviews and permit expediting/assistance with bidding of the project for
construction are also included in this service authorization.
Funding is available from 334-4151-572-63.59 (General Fund Capital/Old School Square Park
Improvements).
Recommend approval of Service Authorization No. 4.1 to CH2M Hill, Inc. in the amount of
$82,017.00 for the project management services for programming, planning and development of the
Old School Square Cultural Arts Center Expansion.
S:\City Clerk\agenda cover memos\SA 4.1 CH2M Hill ass Cultural Arts Expansion Project 100306
City Of Delray Beach
Department of Environmental Services
M E M 0 RAN
D
u
M
www.mydelraybeach.com
FROM:
David T. Harden, City Manager (] U Ji
Richard C. Hasko, P.E., Enviroomental Services Director \f
TO:
SUBJECT: SERVICE AUTHORIZATION 4.1 FOR CH2M HILL
DATE:
September 26, 2006
Attached is a copy of Service Authorization 4.1 for CH2M Hill for the prOVlSlon of project
management services for the programming, planning and development of the Old School Square
Cultural Arts Center Expansion. Due to current staff workload and the unique nature of the project
scope, we will require assistance with coordinating all facets of project development to ensure the
fulfillment of the City's vision for this key cultural facility.
CH2M Hill was previously retained to assist staff with preliminary stakeholder input gathering and
development of criteria forming the basis for an RFQ for park programming and design services. As
the project coordinator for this effort, Ms. Wendy Nero displayed professional and innovative
techniques in her approach to the identification, organization and presentation of the desired core
elements for park development. Based on this performance and an understanding of the City's vision
for the park, we are confident that the use of CH2M Hill for project management services for the
Cultural Arts Center Expansion will provide the best opportunity to realize that vision.
The scope of this service authorization includes complete project management services including
assistance with the RFQ process for retaining a design professional, coordination with the City, the
design consultant and stakeholders for format and content of visioning sessions and community
workshops necessary to refine the project scope in the context of design elements and criteria.
Additional activities will include coordination and oversight of the design consultant during
preparation of site plans and construction documents for the project, quality control reviews of
planning and construction documents, permit expediting and assistance with bidding of the project for
construction.
The total fee for the described services is $82,017 with funding available in General Capital Fund
account #334-4151-572-63.59, Old School Square Park Improvements. Please place this item on the
agenda for the October 3,2006 meeting for consideration by Commission.
Cc: Bob Barcinski, Assistant City Manager
Joe Weldon, Parks & Recreation Director
2006-053 project file
Service Authorization No. 4.1 to the
Agreement to Furnish Professional Services
Dated May 25, 2004, Between the City of Delray
Beach, Florida and CH2M Hill, Inc.
City P.O. Number:
City Project Number: 2006-053
Title: Project Management for the Old School Square Cultural Arts Center Expansion
Category of Work:
General Civil (Parks and Recreation)
General
This SERVICE AUTHORIZATION shall modify the professional services agreement
(AGREEMENT) between the City of Delray Beach (CITY) and CH2M HILL, Inc.
(CONSULTANT) referenced above and shall become part of that AGREEMENT as if written
therein full. Changes in the indicated Scope of Services will be subject to renegotiation and
implemented through an Amendment to this agreement.
Introduction
The CITY will be securing the services of a Design Consultant to provide an integrated
design for the existing Old School Square (aSS) site and the new downtown park; together
these are referred to as the ass Cultural Arts Center. The design must integrate existing
architectural features, accommodate and provide improved infrastructure for existing large-
scale events, create and support ongoing daily use of the park, provide opportunities for
smaller scaled events and intimate "parks within the park". Planning concepts must
include adequate shade, be ADA friendly, support public art and educational opportunities,
integrate local culture and history in a meaningful way and provide for expanded economic
development for the ass facility and the City as a whole.
This project will provide Project Management Services for the CITY to oversee the
successful completion of the expansion to the ass Cultural Arts Center as defined above.
Scope of Services
This scope of services provides the basis for the CONSULT ANT to provide the CITY with
comprehensive project management services from the Design Consultant selection process
through bidding of construction documents for the proposed improvements to the ass
Cultural Arts Center.
Task 1- Meetings with the City
Task 1.1 - Kickoff Meeting
The purpose of this is meeting is to discuss the CITY's goals and objectives for the following:
. Selection of the project consultant,
. Design development,
. Coordination with other CITY departments
. Identification of key stakeholders
. Approval processes for the final project design
. Bidding services
Task 1.2 - Decision-Making Process Meeting
Once the Design Consultant is under contract with the CITY, the CONSULTANT will
facilitate a meeting with CITY staff, the Design Consultant and others as deemed necessary
by the CITY, to define the decision making process that will be used throughout the course
of this project. Such a process will identify what types of decisions will be made, what
information is needed to make the decisions, who makes versus who has input into the
decisions and what criteria will be used in making project-related decisions. Once the
process is agreed to, the means and methods will be applied throughout the project and
communicated accordingly.
Task 1.3 - Progress Meetings
Monthly progress meetings will be conducted with representatives from the CITY and the
Design Consultant. The CONSULTANT will prepare meeting agendas, assemble materials
and prepare meeting summaries for each meeting. It is envisioned that twelve (12) monthly
progress meetings will be conducted.
Meetings will be held in a location within the City, convenient for the CITY staff, Design
Consultant and CONSULTANT.
Task 2 - Design Consultant Selection Assistance and Negotiations
The CONSULTANT will assist the CITY's selection committee (to be assembled by the
CITY) with the review of Statements of Qualifications (SOQ' s), and will prepare evaluation
forms using the advertised criteria, attend a review meeting of the selection committee,
facilitate discussion and prepare a ranked, recommended shortlist of firms for the CITY's
consideration. CONSULTANT will assist the CITY with the presentations to be delivered
by the short listed firms and will prepare evaluation forms using the advertised criteria,
attend the presentations delivered by the short listed firms, facilitate discussion with the
selection committee and prepare a ranked list of the short listed firms for the CITY's
consideration.
The CONSULTANT will also assist the CITY with the negotiations of the contract and will
attend up to four (4) meetings with the selected firms to negotiate the scope and fee for the
required services. In addition, the CONSULTANT will provide a technical review of the
2
proposed scope of services, proposed fee, schedule, deliverables and assumptions and will
provide the CITY with comments and recommendations for their consideration.
Task 3 - Public and Stakeholder Involvement Program
The CONSULTANT will participate in the implementation of a comprehensive public and
stakeholder involvement program, which will be developed and implemented by the
selected Design Consultant, during the project's expected 12-month duration. The
following elements of the outreach program are anticipated,
Task 3.1 - Planning Meeting with CITY and Design Consultant
The purpose of this meeting is to define key stakeholder groups and assess their concerns
and interests in the project, to identify any required and/ or desired public meetings and
notifications for the project, to identify other CITY departments that should be included
during different phases of the plan development, to confirm the design schedule and key
tasks, to identify any public and/ or media relations that may become part of the project and
to provide the overall framework for the Public and Stakeholder Involvement Program.
Based on this meeting, as well as the final scope of services negotiated with the Design
Consultant, this task may be amended. However, the following minimal services will be
conducted.
Task 3.2 - Establish ass Cultural Arts Expansion Stakeholder Advisory Committee (Advisory
Committee)
CONSULTANT will work with CITY staff and the selected Design Consultant to identify an
Advisory Committee that will provide review, comment and recommendations regarding
the expansion plan. The CONSULT ANT will assist the CITY with the formation of the
committee and will participate in up to four (4) meetings between the CITY, the Design
Consultant and the Advisory Committee throughout the project. It is intended that this
committee serve in advisory capacity only and provide input to the CITY in making design
decisions.
Task 3.3 - Participate in "Project Visioning" Session
The CONSULT ANT will review the plans for a visioning session, developed by the Design
Consultant and will participate in an initial "visioning" session for the project site, which
will be open to the general public. The purpose of the visioning session will be to hear an
overview of the project, the current site configuration, and other information needed to
create a common understanding of the project. The CONSULTANT will participate in a
brainstorming session which will focus on identifying what the community envisions for the
new park and will be led by the Design Consultant. Specifically, participants will be asked
to identify the type of users, the nature of activities that might take place, the "look and feel"
of the park to achieve those uses/users, materials preference, and to define any other
parameters necessary for the park, such as operations and maintenance (O&M) costs, water
and energy use, public safety, or other criteria. Input from the visioning session will guide
the development of initial concepts and site planning.
Task 3.4 - Community Design Workshops
The CONSULTANT will review the plans for two community design workshops, which
will be developed by the Design Consultant. The CONSULTANT will also participate in
3
the planned workshops which will be facilitated, by the Design Consultant.. The workshops
will be scheduled to coincide with key design elements and or milestones that are critical to
the success of the project. The design workshops will focus on discussion of landscape
treatments, overall site plan, programming, phasing, planning level cost estimates and other
critical components of the project. Input from the visioning session will guide the
development of project plan development and considerations for the advisory committee,
CITY staff and others in the decision-making of the final plan.
Task 4 - QAlQC and Design Review Services
The CONSULT ANT will provide senior review of the expansion plan at key milestones of
the design. Such times will be determined upon the finalization of the scope of services for
the Design Consultant, but will occur at a minimum of three (3) times during the plan
development. Areas of review include stormwater design and re-permitting, code
compliance, mechanical! electrical elements, materials selection, economic integration, cost
estimating and constructability.
QAj QC and design review services will entail review of plans and specifications prepared
by the Design Consultant by professionals skilled in the appropriate disciplines represented
in the plans. Review comments from the various professionals for each review will be
consolidated by the CONSULT ANT into a single written document for use by both the CITY
and Design Consultant in revising the design, as needed.
This task will be deemed complete upon submission of the third set of compiled review
comments.
Task 5 - Bidding Phase Services
The CONSULT ANT will provide bidding services to the CITY which will include the
following:
. Plan and lead pre-advertisement meeting with CITY, Design Consultant to discuss
bidding procedures and process for providing direction to bidders.
. Assist with preparing Advertisement for Bid
. Assist with preparations for and attend pre-bid meeting with CITY and bidders.
. Review and tabulate bids
. Conduct reference checks
. Make written recommendation to the CITY for award
This task will be deemed complete upon submitting a written recommendation for award to
the CITY.
Schedule and Oeliverables
The CONSULT ANT will commence work on the Scope of Services described herein upon
receipt of a fully executed copy of this Specific Authorization from the CITY, which will
serve as the notice to proceed.
4
Task Deliverable Completion
Task 1 - Meetings with City Meeting Summaries or 1 week following meeting or
Written Review of Design receipt of meeting summary
Consultant Summaries from Design Consultant
Task 2 - Design Consultant Evaluation Forms 2 weeks following kickoff
Selection Assistance and meeting (Task 1.1)
Negotiations
Technical Review of 2 weeks following receipt of
Consultant's Proposals consultant's proposals
Task 3 - Public and Written Review of the 1 week following receipt of
Stakeholder Involvement following documents to be summaries from Design
Program prepared by the Design Consultant
Consultant:
Public and Stakeholder
Involvement Kick-off
Meeting Summary
Advisory Committee
Meeting Summaries
Visioning Session Summary
Community Design
Workshop Summaries
Task 4 - QA/QC and Design Design Review Comments 2 weeks following each
Review Services meeting
Task 5 - Bidding Services Written Recommendation 1 week following bid
for Award openinQ
Assumptions
This scope of services was based on the following assumptions:
1. Space and any refreshments, including any rental costs, for the workshops will be
provided by the CITY.
2. Meetings will be held in a location within the City, convenient for the CITY staff, Design
Consultant and CONSULTANT.
3. It is estimated that the Design Consultant's schedule will entail approximately 12
months of work from NTP to issuing contract documents for bidding.
4. It is assumed that the Design Consultant will have full responsibility for developing and
leading the implementation of Task 3 - Public and Stakeholder Involvement Program
and that the CONSULT ANT will perform reviews of their work and be a participant in
the meetings defined in this scope.
5
5. The CONSULT ANT will provide one review for each document provided for review by
the Design Consultant.
6. The CONSULT ANT will have no contractual relationship with the selected Design
Consultant and thus fully represent the CITY's interest throughout the duration of the
project.
7. Upon execution of this Service Authorization by the CITY, the CONSULTANT will be
excluded from submitting, providing assistance or participating in any manner in the
preparation of proposals or presentations of the prospective Design Consultants.
Compensation to the CONSULTANT
Compensation for professional consulting engineering services as described herein is
estimated at $82,017.
Task Fee
Task 1 - Meetings with City $21,028
Task 2 - Design Consultant Selection Assistance $9,517
and Negotiations
Task 3 - Public and Stakeholder Involvement $25,295
Program
Task 4 - QA/QC and Design Review Services $15,755
Task 5 - Bidding Services $10,423
Total $82,017
Compensation shall be lump sum in accordance with Article VILA.l of the AGREEMENT,
and shall be invoiced on a monthly basis based on percent complete of the work
accomplished for each task.
6
This service authorization is approved contingent upon CITY acceptance of and satisfaction
with the completion of the services rendered in the previous phase or as encompassed by
the previous service authorization. If the CITY in its sole discretion is unsatisfied with the
services provided in the previous phase or service authorization, the CITY may terminate
the contract without incurring any further liability. THE CONSULTANT will commence
work on any service authorization approved by the CITY to be included as part of the
contract without a further notice to proceed.
Approved by:
CITY OF DELRA Y BEACH:
CH2M HILL, INC. (Corporate Seal)
Date:
Date:
Jeff Perlman, Mayor
Timothy S. Sharp, Manager
Witness
Attest:
STATE OF FLORIDA
COUNTY OF BROW ARD
Approved as to Legal Sufficiency and Form
The foregoing instrument was
acknowledged before me this _the day of
. 2006, by Timothy S. Sharp,
Manager, CH2M HILL, Inc., a Florida
corporation, on behalf of the corporation. He
is personally known to me and (did/ did not)
take an oath.
Dorothy Gumm
Notary Public
State of Florida
(Seal)
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AGENDA ITEM NUMBER:
'?~~
AGENDA REQUEST
Date: September 26, 2006
Request to be placed on:
~ Regular Agenda
Special Agenda
Workshop Agenda
October 3,2006
When:
Description of agenda item:
Staff requests Commission approval of Service Authorization 4.1 for CH2M Hill in the amount of $82,017
for project management services necessary for the planning and development of the Old School Square
Cultural Arts Center Expansion project. Scope of work includes complete project management services
from assistance with design consultant selection to coordination of stakeholder input sessions and oversight
of the design professionals planning and construction document preparation and bidding for construction.
Funding is available in General Fund Capital account #334-4151-572-63.59, Old School Square Park
Improvements.
ORDINANCE/RESOLUTION REQUIRED:
Draft of Resolution Attached:
YES
YES
NO
NO
x
X
Reconunendation: Strlf recommends ~a1.
Department Head Signature: . ,~~(
~a
1-z?-OIt;
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: (9
Funding alternatives (if applicable):
!lk-
No
Account Number:
33'-/-" '1/-5/- 5'72. 63-- S~~
Old ~M2>rJl Sj~ ~~~ /(I7Pf!fJ/~
fl:J.tJ~ OCJ6 ry tJtfJ(07
Account Description:
Account Balance:
City Manager Review:
Approved for Agenda:
e
dtt
No
Hold Until:
Agenda Coordinator Review:
Received:
Action:
Approved:
Disapproved:
P.O. #
AGENDA ITEM NUMBER:
MEMORANDUM
FROM:
MAYOR AND CI1Y COMMISSIONERS
CI1Y MANAGER~~
AGENDA ITEM # ~:JJ - REGULAR MEETING OF OCTOBER 3, 2006
CHANGE ORDER NO.4 (CONTRACT CLOSEOUT)/REVISED FINAL
PAYMENT /ROSSO PAVING AND DRAINAGE. INC./N.E. 4TH AVENUE
BEAUTIFICATION
TO:
SUBJECT:
DATE:
SEPTEMBER 29, 2006
This is before the City Commission to approve Change Order No. 4 (Contract Closeout) in the net
add amount of $32,769.49 and revised fInal payment in the amount of $87,768.96 to Rosso Paving
and Drainage, Inc. for completion of the N.E. 4th Avenue from Atlantic Avenue to N.E. 2nd Street
BeautifIcation Project.
The original agenda request submitted for approval on September 5, 2006 failed to adjust the fInal
payment by the net add amount. Funding is available from 442-5178-536-63.50
(Water/Sewer/Renewal and Replacement Fund/Water Mains) and 334-3162-541-65.81 (General
Construction Fund/N.E. 4th Avenue).
Recommend approval of Change Order No.4 (Contract Closeout) in the amount of $32,769.49 and
revised fInal payment in the amount of $87,768.96 to Rosso Paving and Drainage, Inc. for completion
of the N.E. 4th Avenue from Atlantic Avenue to N.E. 2nd Street BeautifIcation Project.
S:\City Clerk\agenda memos\Rosso Paving CO N04 Final Payment NE 4th Avenue Beautification Project 10.03.06
~'<."t... 0
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0', ........: J:
~ '"
,p-i'~- j; \."
City Of Delray Beach
Department of Environmental Services
MEMORAN
D
u
M
www.mydelraybeach.com
TO: DAVID T. HARDEN, City Manager
FROM: Bob Diaz, Construction Manager
SUBJECT: NE 4TH AVENUE FROM ATLANTIC AVENUE TO NE 2ND STREET
BEAUTIFICATION (PIN 2003-038)
Agenda Request; Change Order #4/Final and Final Payment
DATE: SEPTEMBER 14,2006
Attached is a Revised Agenda Request for City Commission to approve closeout Change Order
#4/Final in the net Add amount of $32,769.49 and final payment in the amount of$87,768.96 to
Rosso Paving & Drainage, Inc. for having completed the construction of the NE 4TH Avenue from
Atlantic Avenue to NE 2nd Street beautification. The original Agenda Request submitted for
approval on September 05, 2006 inadvertently failed to adjust the final payment amount total by
the net Add amount as described on this memorandum.
This change order includes plus and minus quantity adjustments and liquidates the residual from
contingency allowances. All changes for the proj ect are itemized on the attached Schedule A to
Change Order #4/Final.
The project is complete and all closeout documentation received. Staff recommends City
Commission approve Change Order #1/Final in the add amount of $32,769.49 and Final
payment in the amount of $87,768.96 to Rosso Paving & Drainage, Inc., for completion of the NE
4TH Avenue from Atlantic Avenue to NE 2nd Street beautification project.
Funds are available from accounts 442-5178-536-63.50 Water & Sewer ($25,687.26) and CRA
334-3162-541-65.81 ($7,082.23). A Contractor Evaluation is also attached.
Please place this item on the October 03, 2006 Commission meeting.
cc: Richard Hasko; Director of ESD
Randal Krejcarek, City Engineer
Rafael Ballestero; Dep. Director of Construction, ESD
City Clerk's Office
Agenda File 10/03/06
File 2003-038(A)
C:\Documents and Settings\smithd\Local Settings\Temporary Internet Files\OLKD5E\Rosso Const Agd mem CO#4 Fin GC 1003 06rev.doc
CHANGE NO.
PROJECT TITLE:
4 / Final
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
PROJECT NO. 03-038 DATE:
NE 4tb Ave., from Atlantic Avenue. To NE 2nd Street Beautification
TO CONTRACTOR: Rosso Paving & Drainage, Inc.
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR
THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND
COVENANTS.
ruSTIFICATION:
Complete changes to project per the attached schedule "A".
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED
ADruSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER
COST OF CONSTRUCTION CHANGES THIS ORDER
ADruSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER
PER CENT INCREASE THIS CHANGE ORDER 3.65 %
TOTAL PER CENT INCREASE TO DATE 19.33 %
$895,651.65
$140.369.10
$1,036,020.75
$ 32.769.49
$1,068,790.24
CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that
the prices quoted are fair and reasonable and in proper ratio to the cost of the original work
contracted for under benefit of competitive bidding.
Rosso Paving & Drainage, Inc.
(Contractor to sign & seal)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Funding is proposed after budget transfer from accounts: 442-5178-536-63.50 W&S Fund - ($25.687.26) &
CRA 334-3162-541-65.81 ($7,082.23)
DEPARTMENT
FUNDING
CERTIFIED BY
DELRA Y BEACH, FLORIDA by its City Commission
RECOMMEND:
By:
Environmental Services
Mayor
APPROVED:
ATTEST:
By:
City Attorney
City Clerk
Schedule A
PIN 2003-038
NE 4th Ave., from Atlantic Ave. to NE 2nd Street Beautification
Rosso Paving and Drainage
Contract Award
Contract To Date
ITEM
NO.
DESCRIPTION
EST.
UNIT QTY.
UNIT PRICE
EXTENDED TOTAL
PRICE
ACT.QTY.
UNIT PRICE
EXTENDED
TOTAL PRICE
Difference
1 -MoiiiiiZiiion----m----m----ooo--------------------------- L.S. --m1----- -------'$44:ooii:oo ------mooo$.4'4;ooo:OO -----.mm-1------------ ------mm$"44:o-oii~oo ----------$"44:ooci:o.o --------------o:iio
----T-- -MalntSna,;ce-iii"i'rafflc------------------m---m---- Ts: 1 -------s-15;405.00- -----------$1'5;40'5:00 mooo-------1oo------m m-m-sl-5,'405.00- -----m--$15-:405-:00 -------------0:00
(Includes Pedestrian M.O.T.)
-----'3----- -ciiiaiiiig-&:GiUiibing-----mm--------m----------- "CS~ -----r-- -------$61-,9ci5:15- -------m--i61;9ii5.1-i ------m-1m--------- ---------'$61.905:15 ----------$6'{OO5-:1'5- -m--------o:OO
-----4--m -;:renctisiiieiY-compiiiiiice-----------------m---- --CF': --1'451'--- -------------$5.50- -------------$'s-;-008:00 -m-----1468---------- --m-m--------$5.'50 -m----m-$8:!i74Iiii- ------------66.00
----5---00 Gradi,;g-&'-ciimpiiCiing-SlLiiiijrade-(-12"j---------- oS:,,: --1300-- ----00000-----$6.20 --.----m----$liii1-li:Oo ---------1527---m----- ----------------$6-.-20- ------------$9:467:40- -m--m--849.40
--mii--m -12~siiiiiliZiid-suiiQi-ii(jii----------------m----m--- -SY --3384--- -oo---m----$4":OO- -----------$1.6;581:60 --------'4145---------- -mm------------$4-.00- --m---m$20:310:5O- -------3;-728:00-
----Tm -Remoiiiii-iii"Exisiirig-j5iivenienls.-scarffYjngEiiii "i::s: m--r-- m---OO$2ii:000-:iiii- --------m-$26;000:00 -------m-1m--------- ---------S26,ooci.00- --oo------$2ii:0-oo:00- -------m----o:Oo-
-----s----- -Remoiiiii-oi-E-xiSiirig-sideWiiii<-----.-m----oo------- -i::s-: ----1---- --------$13:000.00- ------------$1-3~000:00 -----------'1"---------- -----------S13,ocxi.00. m-------$13:0-00:00- -------m---o:Oo-
----if--- -s"iimerock-iliise.------.-m--.--------------------- OS:,,: ---3384-- --.m-------$11".-06- ------------$37;427:04 --------3592.------m- 00-------------$11-.06- -mm---'$39:727:52- ---------2:30ii:4li-
----10--- -j:iowaiiiii-j:ili------.------.-m--------------------------- -S:V. -'-1300-- --.-----------$31-.00- -----------'$4-3;090:00 ----------1543.-----.---- ---------------'$31-.00. -----------$47;S33:00- --------'4;7"43:00-
-----1:,----- -;:yjie-s:liiASpiiiiiiic-COiicreie--------------------m-- -S:". ---3384-- --------------$9.60. ---m-----532;486:40 ---m--'4021--------- oo-m------m-$9.60- ----------$3S;60f6ii- --m--6:1-1'5:20-
(1-1/T - 2 Lifts)
----12--- -rype;j:;-cLiib.&Giitierm------------------------------ 'CF. m1s-iii-- ------------s-15To- ---m--m$27~451:S0 ----m---1900m--m- ---------------$15:10- ---------$30:049~00 m-m-2:597:20-
-m13m- -concreiiiHeiidirCurtl--------------------m----m- -iT ----118--- -------------$27:00- m----------$3~1-86:00 m-m--11-5---------- m-m--m---$27.00- ----------S3:10'5~00 ----------("8-1:00)
m-lr- '5eCOOitiiie-Eirick-Piiver-sidewiiik-COii-stiiiCiion-- -sT --1251-0-- -------------$7.'75- ---m--m-$96;952:50 -mm---13893-------- -------------m$7':75- --------$107:670:7'5- m-mTo:71s~25-
___________ !~~~!!i!)Sl_~P.~!.~!!~_c:!_!!~_c:!_~!!~.Q.!!~!!!~i1_m____ ______ ________._ _______________________ ___________._____.________ _____________________.__ _________m_____m______ .____________m_______ __________________
15 Pavement Marking & Signage L.S. 1 $4,500.00 $4,500.00 1 $4,500.00 $4,500.00 0.00
-----16.--- -;=ype;p;-iiiiei------m---------m---------.-------------- -E:;';: -----13---- ---------$3,8'50.00- ------------'$50;050:00 --.---------1-3------------ ---------.$3,850.00 --m---m$5O-:0'50-:oii- --------------0:00
----'17.-- -;=ype;j7iri-let----------------------------------------- -E.;';: ----y--- m-m--$5;390.00- -------------$1-6;1-70.00 -----------3----------- ------m----$5,390-.00- --.------$16;1-70-.-00- ----------m--o:OO
----18--- -;=ype;c-i,;iiiC4'-5iii.:-----m---mm-m----------- -E:;';: ---'1'--- ---------$3,080.00- -------m----$3,080'00 -m-------T--------m -------m--$3,OSO-.00- ------m----$3:oao:oO- -m--------o.oo
-----19---- -l-S.-R"c-p---------------m----m-----m----oo---m---- -i:T -699--- ----m----S52.80- -------m---$36.907.20 ----------722--m---- ------mm---$52-.-S0- -------m"$38;121":6ii- -m-----;:21'4:40
----20---- -24.-R"cj5m---m----m-----m---m---mm---------- TT ----22---- m--m_--S99.00- -------------$2;1.78.00 m---m21--------m --m-------m-S99-.-00- -m-------$2:O"79:00- --__m___{9'9:(0)
----2:,-.--- -:,-o-~DIp:.-----.------.---m---------------------------- TF.' ---.3----- ------------$176.00- -------.-----.--$52-8.00 ----------3----------- -----m------$-176.00- --.------------$528:00- ----------.-0:00
----22---- -:,-6.-0iP-Reuse-wliier-M"iiiii-----------m---------- TF: ---383m --m------S90.20- --.---------$34.546.60 ----------386------------ --------------S90-.20- ---------$34;81720- -----------270.60
----23.-- -S"-PVC-SDR35-s-iiniiiirySewer-Pip(;m-m------ TF'- ----349--- ----m-----S-19.80- m---------$'6.91-0:20 --m---m336------------ -m----------$1-9-:-S0- -----------$6:652:80+m-m(257.40)
(0'-10' Depth)
----24--- -sa-ri~iiiY-sewer"t;,lariiiol8-(0;:10.-DePiiij-m----- -EA: ----2---- --------$2,640.00- m---------$5.2S0:-00 --------m-T--m----- --m-m--$2-'--640-'-00- ----------$'5:280:00-l-m--m-mo-:00
m-25m- -saniiiiiY-Sewer"Liiierai-R"ecoiiSiiiiCiion---mm-- -EA:. ----6----- m---m--$880.00 -------------$5;280:00 --m-------4"----m---- ------------m$uii.oo- m-----oo-$3:52O:OO- ------(1;-760-:00)
& Relocation
-m26---- -jiitrO~ii-i,;iegeirima-'CoiiiPiiCiii;m-m----m---- -EA: -----1'3-- m--m----$'59.40- -m-----------'$772:-20 -------m-om---m--- ------m-----$59.40- -m--------m"'$o:oo- -__---_m(77220)
Jatropha Standard
8&8, 6' ht X 4' spr., standard
27 Senna surattansis
Glaucous Cassia
8&8,8'-10' ht x 4'-5' spr., full
E.A.
10
$148.50
$1,485.0<
o
$148.50
$0.00
(1,485.00)
S:\EngAdmln\PIOJ_\2003I200~\OFFICIAL\Quan1l1ieo Rnsl Rosao .xls
Schedule A
PIN 2003-038
NE 4th Ave., from Atlantic Ave. to NE 2nd Street Beautification
Rosso Paving and Drainage
Contract Award Contract To Date
ITEM DESCRIPTION EST. UNIT PRICE EXTENDED TOTAL ACT. QTY. UNIT PRICE EXTENDED Difference
NO. UNIT QTY. PRICE TOTAL PRICE
28 Phoenix robelenii EA 1 $99.00 $99.00 0 $99.00 $0.00 (99.00)
Pygmy Date Palm
#7, 3' OAH., Triple Trunk
----29--- -i5iioeiiixrobeiiriii------------------------------------ -E:A: ----2---- ------------$59.40- ---------------$=i18:00 -------------0----------- ----------------'$59.40- --------------$0:0'0- ----------(1"18:00)
Pygmy Date Palm
#7,3' O.A.H., Single Trunk
----30--- -'fiiririiiX-radiiitii--------------------------------------- -E:A: ----18--- ----------$'831-.66" -----------$14~968:80 -----------0------------ --------------$'83i-:-60- ---------------$0:0'0- ------{i4:968.00)
Thatch Palm
B&B, 12' O.A.H., 8' C.T.
----31---- -Aiiamaiicii;iiiCiiOiti-------------------------------------- TA: ---93---- ---------------S7.45- --------..-----$692:85 ----------67----------- -----------------$7-:-45- ---------------$4"99:15- ----------[1-93:70i
Bush Allamanda
#3 24" x 24', 24' OC.
----32--- -CiirysobSl8iiuslcaco;Red-'fiJi;---------------------- TA: ----39--- --------------S7.45- -----------------$290:55 -----------39---------- ------------------$7".45- ---------------$290:5"5- --------------il-:oo
Red Tip Cocoplum
#3,24" x24', 24' OC.
----33---- -ikliCvoiiiiiiiriJJ-'sciieiiirigs-5WJJ;;------------------- TA: ----'94--- --------------S7.95- ------------------$747:30 ----------74----------- ----------------$7".95- -------------$588:30- -----------[1-59-:-00)
DwarfYaupon
#3, 18" x 18", 24' OC.
----34"---- -j:icus-iTiicriicarpji-;Green-isl8rid'---------..-------- TA: ---il--- ---------------S8.95- -------------$63S:45 -----------61------------- ------------------$8.95- --------------$545:95- -----------{li9:50i
Green Island Ficus
#3, 16"x 16", 18'OC.
----35"---- -i5iifiOdeiidron-'xanadu,-------------------------------- EA: ---128-- -----------'$-11-:90- --------------$i~523:20 -----------0------------ --..------------'$l-i-.oo- ---------------'$0:00- -------({523:2oi
Xanadu Philodendron
#3,16' x 16", 24" OC.
----36---- -Raiihiiilejiis-indiCii------------------------------------ E:A. ----28--- -------------S7.95- --------------$222:80 ------------0------------ ----------------$7.95- -....-------------'$0:0'0- -----------{222:5oi
Indian Hawthom
#3, 18' X 18", 24" OC.
"--"37"--- -j-asmiiiuiTi-yoiuiiiiii------------------------------------ E:A. ----57--- --------------$6.95- ---------------'$4ilS:65 ----------69----------- f----------------------- -------------$479:55- -------------i3:00-
$6.95
Wax Jasmine
#3,24' x 24", 24" O.C.
----38---- ASparagusdeiisiikiiiis-,-Mye;s,--------------------- -EA. ----i5--- -------------S3.50- --------------$262:50 ------------0----------- -----------------$"3.50- ----------------'$0:0'0- ---------{2S2:5oi
Foxtail Fem
#1, 12' HT., full, 12'O.C.
---"39--- -AiiaiYPiiiiipendula-'iiiaiiii,---------------------------- T;"-:- ---526---- -------------s2.9O- ------------${52S:40 ---------200----------- ----------------$2-.00- -------------$580:00- ----------{ii4sAoi
Dwarf Chenille
#1, 10"-12", 12'O.C.
----40---- -i:iriope-iiiuscari;Evergreeii-Giiiiir--------------- -EX ---200-- -------------$2.-20- -------------$629:20 ---------182----------- ----------------$2-.20- -----------$4"00:40- ----------(22s-:-aiii
Giant Lily Turf
#1. 10"-12' spr" 12" O.C.
---41---- -Microsoiiiiii-sciilopeiiiiriiiiT'i------------------------ -E:A: ---292--- ------------$24.40- ------------$7~124:iio ----------199---------- ---------------'$24.40- ----------'$4;855:60- ------(2;2s9:2oi
Wart Fem
#1,10" -12" spr., 12'O.C.
----42--- -iiiigaiion-system-liiciiiding:-AiicooiiuiiS:-------- T:s: ----1"--- -------$"19.-200-.00- ------------$1-9~2oo:Oii ------------1------------- ---------'$19,200.00- ---------$19;200:0'0- -------------0:00-
Sprinkler Heads, and Fixtures
----43---- -siiiiTigiiiiiiiiinciuiiing'-AiITiiiiiiS:----------------- -i::s. 1 -----$"2:34.-086.-86- ----------'$234~08S:86 -----------1------------ ---------$2:34,086.66- -------$2-:i4:oiiiflis- -------------0:00-
Cabinets, and Electrical Facilities
.--------- -------.-._.-._-.-.--.----------.----------._--.---_.----- ------ -._---._-- -------------------- _.--.------------------- -------------------------- ------------------------- ----------------.------- ---------------_.-.
S:IEngAdmlnlProjecta\2003\2003-038\OFFICIALlQuantitieo Final Rosso .xla
2
Schedule A
PIN 2003-038
NE 4th Ave., from Atlantic Ave. to NE 2nd Street Beautification
Rosso Paving and Drainage
Contract Award Contract To Date
ITEM DESCRIPTION EST. UNIT PRICE EXTENDED TOTAL ACT.QTY. UNIT PRICE EXTENDED Difference
NO. UNIT QTY. PRICE TOTAL PRICE
44 Utility Allowance L.S. 1 $10,000.00 $10,000.00 1 $10,000.00 $10,000.00 0.00
---45---- -vliieo-Aiiiiwarice--------------------------------------- "CS: -----:,----- --------'$;i;2so:iiii- --------------sl:2so:iic -------------1-------------- -------------'$1-,250-:-00- ------------$1]50-:-00 -------------0:00-
---46---- indeiiiriif.caiiori------------------------------------------ -i::S: 1 -----------$-10.00- ------------------$1"0:00 -------------------------- -----------------$'1-0.60- ---------------$"10-:-00 -------------6:00-
1
...------.. ------------------_.----_.---------.------------------------ ------ __._w_____.. ----------------------- ------------------------ -----_._------------------- ------------------------ -----------------------. ----------.--------
Total Contract Award $895,651.65 $902,733.88 7,082.23
^CRA I
. Utility Allowance
44.01 Material cost Increases incurred due to the L.S. 0 $5,427.54 $O.OC 1 $5,427.54 $5,427.54
(CO #1) CIty's postponement of project commencement
until the end of the tourist season
Sub Total
44.02 Multiple utility changes required due to L.S. 0 $58,982.91 $0.00 1 $58,982.91 $58,982.91
(C0#2) inaccuracies wlth existing utility locations, fiber
optic condu~ installation, and roadway
restorations for City installed utilities.
Sub Total
44.03 Modifications to parking lot exists, modify alley L.S. 0 $75,958.65 $0.00 1 $75,958.65 $75,958.65
(C0#3) aprons,convert drainage inlet to MH structure,
install brick pavers at 143 to 155 NE 4th Ave per
CRA, and miscellaneous utility adjustments.
Sub Total 1
44.04 City C/O# 4-Rosso lasued change order t#'s I 0 $25,687.26 50.001 1 $25,687.26 $25,687.26
(C0#4) One(1), Four (4)Rev., Thirteen (13)Rev., (15)
Fifteen & Sixteen (16) Rev.
Sub Total ^CITY $166 056.36
Total Changes (Final Closeout)
5166,056,36 I
Total Contract to Date
$1,068,790.24 I
Original Award
Previously Approved Changes
Total Award to Date
Contract to Date
$895,651.65
$140,369.10
$1,036,020.75
$1,068,790.24
$32,769.49
Final
ACRA Funds
ACIty Funds
$7,082.23
$25,687.26
$32,769.49
S:\EngAdmlnlProjecta\2003\2003-038\OFFICIALIQuantltl.. Anal R0880 .xls
Agenda Item NO.:~~
AGENDA REQUEST
DATE:Sept14,2006
Request to be placed on:
~ Regular Agenda
_ Special Agenda
_ Workshop Agenda
When: Oct 03,2006
Description of item (who, what, where, how much):
Attached is a Revised Agenda Request for City Commission to approve closeout Change Order #4/Final
in the net Add amount of $32,769.49 and final payment in the amount of $87,768.96 to Rosso Paving &
Drainage, Inc. for having completed the construction of the NE 4TH Avenue from Atlantic Avenue to NE 2nd
Street beautification. The original Agenda Request submitted for approval on September 05,2006
inadvertently failed to adjust the final payment amount total by the net Add amount. All changes for the
project are itemized on the attached Schedule "A" to Change Order #1, Final.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends approval of Change Order #4 and final payment to Rosso Paving
& Drainage, Inc. for having completed the construction of the NE 4TH Avenue from Atlantic Avenue to NE
2nd Street beautificatiO(ln'ect... . U ~."
Department Head! " hV __ /1 _ I~ _ " L
Signature: \ ..~. - l' J V~
Determination of Consistency with Comprehensive
Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
(if applicable)
See above . . .
See above tS6/~frJ~~1'1/~'1l:l/IJf~
&35lJ "S/ ~~~)tuun !K4AJ~~'
City Manager Review: 011 ,. / CO< ~ tI' (j !L ~~ _
Approved for agenda: @/NO ~1..A;fV
Hold Until: I '1/.25/t/6
Agenda Coordinator Review:
Received:
Placed on Agenda:
Funding available YES/NO
Funding alternatives
Account No. & Description
Account Balance
Action:
Approved/Disapproved
S:\EngAdmin\Projects\2003\2003-038\OFFICIAL\Rosso Agnd req C0#4 Fin GC lO.03.06.doc
MEMORANDUM
SUBJECT:
MAYOR AND CI1Y COMMISSIONERS
CI1Y MANAGER ~
AGENDA ITEM # <t · ~ - REGULAR MEETING OF OCTOBER 3,2006
AMENDMENT NO. 2/SERVICE AUTHORIZATION NO. 6/MATHEWS
CONSULTING, INC.
TO:
FROM:
DATE:
SEPTEMBER 29, 2006
This is before the City Commission to approve Amendment No.2 to Service Authorization No.6 for
Mathews Consulting, Inc. in the amount of $5,000.00 for the addition of engineering services for
replacement of existing stormwater piping for the Seasage Drive, Melaleuca Road, and Oleander Lane
Drainage Infrastructure Improvements Project.
Funding is available from
Seasage/Melaleuca/Oleander).
448-5461-538-65.35
(Stormwater
Utility
Fundi
Recommend approval of Amendment No.2 to Service Authorization No.6 for Mathews Consulting,
Inc. in the amount of $5,000.00 for the Seasage Drive, Melaleuca Road, and Oleander Lane Drainage
Infrastructure Improvements Project.
S:\City Clerk\agenda memos\Mathews Consulting lnc No 2 SA 6 Consulting Engineering Service Agmt 10.03.06
City Of Delray Beach
Department of Environmental Services
MEMORAN
D
u
M
FROM:
David T. Harden ~
Bob Diaz, Construction Manager
TO:
DATE:
15 Sept 2006
SUBJECT:
Sea Sage Dr/Melaleuca Rd/Oleander Ln Infrastructure Improvements
Commission Agenda Item
Project # 2005-053
The attached agenda item is for Commission approval for the Mayor to execute Amendment #2
to Service Authorization #6 with Mathews Consulting, Inc. This amendment includes additional
engineering services for the replacement of existing stormwater piping in the project area. The
additional work is described on the attached inspection report.
The attached service authorization is for $5,000.00. Funding is available from account number
448-5461-538-65.35
The attached map shows the project location.
Please place this item on the 03 Oct 2006 Commission Agenda.
Thanks!
cc: Richard Hasko; Director of ESD
Rafael Ballestero; Dep. Director of Construction, ESD
Carolanne Kucmerowski; Construction Management Technician, ESD
Chevelle Nubin, City Clerk's Office
Agenda File 10/03/06
File 2005-037(A)
S:\EngAdminIProjects\2005\2005-053\OFF/C/AL \2005-Mathews-SA#2-agenda memo. doc
. . .
CITY OF DELRA Y BEACH
CONSULTING SERVICE AUTHORIZATION
AMENDMENT NO.2
DATE:
SERVICE AUTHORIZATION NO.
6. a
FOR CONSULTING SERVICES
CITY P.O. NO~ t.>~\
CITY EXPENSE CODE: L{LlP-$'L\b \...co~-'5.35
CITY PROJECT NO. 2005-053 MATHEWS CONSULT. PROJECT NO. 1334
TITLE: Sea Sage DriveIMelaleuca Road/Oleander Lane Infrastructure Imorovrnents
This Amendment No.2, when executed, shall be incorporated in and shall become an integral
part of Consulting Service Authorization No.6.. .
TITLE: AlZI'eement for General Consulting EngineerinlZ Services
I. PROJECT DESCRIPTION
This Amendment No. 2 covers additional engineering services for the replacement of
existing stormwater piping in the project area. The stormwater piping to be replaced "in.
kind" was selected by the. City based on TV inspections of the pipes performed by
Others. The City provided Consultant with the locations, lengths and diameters of all
storm water piping. to be replaced.. The additional work is shown on the attached
Drainage Inspection Report (Attachment A).
II. SCOPE OF SERVICES
Phase III - Final Desien Phase
1. Consultant shall revise the design drawings to include the additional replacement
stormwater piping in the project area.. This will also include accounting for the
stormwater replacement piping in the Contract Bidding Documents, construction.
cost opinion and SFWMD permitting.
III. TIME OF PERFORMANCE
An additional two weeks will be required to complete the work.
SeaSagelMelaleucalOleander9/1112006
MATHEWS CONSULTING
IV. COMPENSATION
The compensation for services provided shall be billed on an hourly basis plus reimbursable
expenses for each phase of work in accordance with Article VII, Method II, up to the following
not to exceed cost for each phase. Refer to Attachment B - Budget Summary.
Ene:ineering: Services
Phase III - Final Design Phase
Out-of-Pocket Expenses
TOT AL PROJECT COST
Estimated Fees
$ 4,910.00
$ 90.00(1)
$ 5,000.00(2)
Notes:
(I) Out-of-Pocket Expenses include the following: printing/reproduction and postage.
SeaSage/MelaleucalOleander9/I ] 12006
2
MA THEWS CONSULTING
This Service Authorization is approved contingent upon the City's acceptance of and satisfaction
of the completion of the services rendered in the previous phase whereas encompassed by the
previous Service Authorization. If the City in its sole discretion is unsatisfied with the services
provided in the previous phase or Service Authorization, the City may terminate the contract
without incurring any further liability. The Consultant may not commence work on the Service
Authorization approved by the City to be included as part of the contract without any further
notice to proceed.
Approve by:
CITY OF DELRA Y BEACH:
Date:
Attest:
Approved as to Legal Sufficiency
and Form
~~~
r.. . MyCumlfllll~DllI1-.
~1If'r;J expna FelINIIY2I..
SeaSage/MelaleucalOleander9/11/2006
3
MATHEWS CONSULTING, INC.
Witness
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was
acknowledged before me thislZ "rtay
of G5/j:"", 2006 by David Mathews,
Vice President of Mathews
Consulting, Inc., a Florida
corporation, on behalf of the
corporation. He/She. is (personally
known to me) or (has produced
identification), Florida Driver's
License
and (did/did not) take an oath.
MA THEWS CONSULTING
AT T Pc ~'rI M';;'/I1 -r P. l
DRAINAGE MATRIX
INSPECTION REPORT
I
STORM DRAINAGE
..,/
8/2512006
c :-1., ~c.('
~- ~
~~ .'""t" D ~f'aC.
/("" \"
TO
Aprrox. distance from SIZE REPLACE
Street Startina MH # Ending MH # startina MH # (Ft.I IN Tvpe Defect FT
!112 Infiltration running at joint at 10
03 OLEANDERS L" CB-21C023A CB-21C023 27.2 lo'dock at 6,9oft, Mineral deposit at 27
I '---'
t1~) Severejoint separated 11.2Oft, Stonn
03 OLEANDERS L" connection at 9 o'dock at 94.9Oft
CB-21C021 CB-21C023 115 12
........ Infiltration running at.1 0 o'dock at
1(' 85.60ft, Infiltration running at 1
03 OLEANDERS LII CB-21C021 CB-21Co02 89.6 18 I ft',..nrk ... At; AnfI 90
I~ Infiltration running at joint at 5.3oft,
pipe broke and infiltration at 6.20 ft.
026 BUCIDA RD CB-21C006 CB-21COO5 26.3 heavv mineral df!l'losit at 11.1 Oft 12
'-" Obstruction pilar of bricks supporting
03 SEA SAGE DR CB-21C010 CB-21C010A 4.6 18 Rd. at 4.60
fiB) Infiltration running at joint at 8 o'clock
03 BUCIDA RD CB-21C004 CB-21C010A 16.8 at 1 Oft 10
I ~,c.: J~_. - Infiltration running at joint at 11
I-, (~ o'clock at 3.4Oft, sewer line running
.03 OLEANDERS L" CB.21C003 CB-21C003A 13.9 throuoh cs at 10.90ft 14
.03 OLEANDERS L" CB-21C002 CB.21C003A 15.4 l1s) loiDe ok
00 OLEANDERS L" CB-21C002 OUTFALL 210001 9.6 30 I DiDe ok
/24' Infiltration running at joint at 11
026 BUCIDA RD MH-21C005A CB-21C005 67 ~'c1ock at 16.30ft 17
"'-- Stained joint at 119.2Oft. separated
026 BUCIDA RD MH-21C005A CB-21C004 289 & Iioint severe at 277 .90ft 278
00 BUCIDA RD CB-21 C002A CB-21C002 198 30 I DiDe ok
Stained joint at 24.1 Oft. infiltration
130\ running at joint at 24.1 Oft, stained
~O BUCIDA RD CB-21 COO2A CB-21C004 - 73 DiDe at 56.3Oft 25
..' l \""../' Multiple cracks at joint, from 1 0 to 2
,'1 . .. ~' o'clock at 16.20ft, stained joint at
026 BUCIDA RD CB-21 COOS CB-21C007 78.8 23.9Oft 17
~ Encrustation medium at 9.1 Oft and
12.4Oft, mortar heavy missing t
;Qo SEASAGE DR CB-21C012 CB-21C011 90.6 12 82.4Oft.
t12J Separated joint slight at 9.5Oft, Crack
,13 SEASAGE DR CB-21C011 CB-21C016 42 at ioint infiltration at 29.1Oft 42
'-""" Heavy encrustation at 2ft, medium
encrustation at 31.1Oft and 62.90,
barnacles light at 87 .6Oft. separated
joint slight and stained at 103.6Oft.
sag begins at 128.90 ft. multiple
(18') cracks, infiltration dripping, sag encls
,13 SEASAGE DR CB-21C011 CB-21C010 272.2 at 159.40 160
01 SEASAGE DR CB-21C009 CB-21C008 47.8 15 Encrustation heaw at 38,9Oft
encrustation heavy at 15.3Oft and
78ft. infiltration running at joint 110.9Cl
,01 SEASAGE DR CB-21C008 CB-21COO7 147.4 18 ft 111
036 BUCIDA RD CB-21C007 CB-21C008 36.6 ,.0(8") DiDe ok
'-'" Obstruction calcium deposit. at 18ft
'10 MELALUCA RD CB-21C031 CB-21C030 18 12
Obstruction calcium deposit From on
top of pipe at 000. heavy calcium
deposit 25,10 and calcium deposits
10 MELAlUCA RD CB-21C031 CB-21C032 25.1 12 causing pipe to become smaller
Encrustation, heavy calcium deposit
030 MELAlUCA RD CB-21C032 CB-21C031 104.9 12 too side of DiDe 104.90ft
030 MELAlUCA RD CB-21C032 CB-21C018 74 121DiDe ok
031 MELALUCA RD CB-21C018 CB-21C016 74.8 1210iDe ok
S:\EngAdmin\leltersIBKRANEIMA TRIXDRAINAGEPIPE.xls
STORM DRAINAGE
..1
II T,1t (, f-I /VI c.. Al,
DRAINAGE MATRIX
INSPECTION REPORT
A(
.
8/25/2006
,- Lt:NGTtt 10
Aprrox. distance from SIZE REPLACE
Street Startina MH # Ending MH # starting MH # (Ft) IN Type Defect FT
600 SEASAGE DR CB-21C017 CB-21C016 35.9 Infiltration seeDino at ioint al 26.20 36
1041 MELALUCA RD CB-21C015 CB-21C014 72.4 12 Heaw rust at 3ft
1046 MELALUCA RD CB-21C014 CB-21C013 94.1 12 Heavv rust at 10.40ft
Heavy rust at a.90ft, encrustation
1046 MELALUCA RD CB-21C013 CB-21C012A 26.7 12 heaw at 26,70ft
600 SEASAGE DR CB-21C012 MH-21C012A 41.7 12 Encrustation heavv at 41.70
TOTAL PIPE LENGTH NEEDS
TO BE REPAIR 851
S:\EngAdminllellersIBKRANEIMA TRIXDRAINAGEPIPE.xls
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Date:
15 Sept 2006
AGENDA ITEM NUMBER:~ ~ C
AGENDA REQUEST
Request to be placed on:
_Consent Agenda --X-Regular Agenda _Workshop Agenda _Special Agenda
When:
03 Oct 2006
Description of Agenda Item (who, what, where, how much):
The attached agenda item is for Commission approval for the Mayor to execute Amendment #2 to
Service Authorization #6 with Mathews Consulting, Inc. This amendment includes additional
engineering services for the replacement of existing stormwater piping in the project area. The
additional work is described on the attached inspection report.
The attached service authorization is for $5,000.00. Funding is available from account number
448-5461-538-65.35
Staff Recommendation: t:M
Department Head Signature: . "'. (
.~a
'l.../f,.-ofp
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No Initials: NA
Account Number .I./~g SLf 0 / '-6-38 4:25..... 3 S
Description .Jt fA Ia.q e.. / M c-- /a / eCt c If / IJ / eq /l cI e/}/"
.
Account Balance: p/'rd r ~4 r Ii< FIJIf; -#.50~,)3 7 c.t4 ~ 'Jl:fJ,louy ~
Funding Alternatives:
(if applicable)
City Manager Review:
Approved for Agenda: @ / No Initials:
Hold Until:
rP1
i
Agenda Coordinator Review:
Received:
s: \EngAdmin \Projects \2005\2005-053\OFFI CIAL \2005-Mathews-SA#2-agenda -Req.doc
MEMORANDUM
SUBJECT:
MAYOR AND CI1Y COMMISSIONERS
CI1Y MANAGER (/11-1
AGENDA ITEM # <{ . ~ - REGULAR MEETING OF OCTOBER 3,2006
RATE ADJUSTMENTS/AMENDMENT NO. 2/KIMLEY-HORN AND
ASSOCIATES. INC.
TO:
FROM:
DATE:
SEPTEMBER 29, 2006
This is before the City Commission to approve Amendment No.2 to the Kimley-Hom and
Associates, Inc. Consulting Engineering Services Agreement Section VII (A) (2) (a) to adjust the hourly
rates by fIve percent (5%) and add a new category of Senior Principal.
Recommend approval of Amendment No.2 to the Kimley-Hom and Associates, Inc. Consulting
Engineering Services Agreement Section VII (A) (2) (a) to adjust the hourly rates by five percent (5%)
and add a new category of Senior Principal.
S:\City Clerk\agenda memos\City Manager Kimley Horn Amend No 2 Consulting Engineering Service Agmt 10.03.06
1\
City Of Delray Beach
Department of Environmental Services
M E M 0 RAN DUM
FROM:
David Harden, City Manger
Randal L. Krejcarek, P.E. ~
22 September 2006
TO:
DATE:
SUBJECT:
Agenda Request
Consulting Engineering Services Agreement
Amendment #2 to Kimley-Horn
Rate Adjustments and New Senior Principal Category
The attached agenda item is a request for Commission approval/authorization for
Mayor to execute Amendment #2 to the Consulting Engineering Services Agreement
the City has with Kimley-Horn and Associates, Inc. This amendment adjusts the hourly
rates per Section VII(A)(2)(a) of the Consulting Engineering Service Agreement dated
April 21, 2004 between the City and Kimley-Horn Associates, Inc. Kimley-Horn has
requested and staff supports a 5% rate increase and the addition of a new category of
Senior Principal. The new hourly rates are shown in Exhibit B of the attached
agreement.
If this meets with your approval, please place this agenda request on the 03 Oct 2006
Commission Agenda.
Thanks!
enc.
cc Richard Hasko, P.E.
file
C:\temp\2006 10 03 kimley-horn fate agenda memo. doc
AMENDMENT NO.2 TO THE AGREEMENT FOR GENERAL
CONSULTING ENGINEERING SERVICES WITH
KIMLEY-HORN & ASSOCIATES, INC. DATED APRIL 21, 2004
THIS AMENDMENT NO. 2 to the Agreement for General Consulting Engineering
Services dated April 21, 2004 is made this _ day of
, 200_ by and
between the CITY OF DELRAY BEACH ("CITY") and KIMLEY-HORN &
ASSOCIATES, INC. ("CONSULTANT").
WIT N E SSE T H:
WHEREAS, the parties entered into an Agreement for General Consulting Engineering
Services ("Agreement") dated April 21, 2004, in which the CONSULTANT would provide
professional engineering services to the CITY when requested by the CITY; and,
WHEREAS, Section VII(A)(2)(a) of the Agreement dated April 21, 2004 between the
parties provides that any increase in the rates charged by CONSULTANT may only occur upon
a written agreement with the CITY, may not exceed 5% within a twelve month period and a
newly revised Exhibit liB" must be submitted; and,
WHEREAS, the parties desire to amend the Agreement dated April 21, 2004 to provide
for a 5% increase in the fees charged by CONSULTANT and another employee category, as
provided by a revised Exhibit "B".
NOW, THEREFORE, the parties agree as follows:
1. The recitations set forth above are incorporated herein.
2. The Agreement dated April 21, 2004, is hereby amended, by submitting a revised
Exhibit "B", attached hereto, pursuant to Section VII(A)(2)(a), to provide for a 5% increase in the
cost of professional services charged by CONSULTANT and to provide for the addition of an
employee category entitled "Senior Principal".
3. This Amendment together with the original Agreement and any written
amendments hereto, constitute the entire Agreement between the parties relating to the subject
matter hereof. It is the final expression of agreement between the parties, thus, neither party shall
be entitled to rely upon any conflicting oral representations, assurances, claims or disclaimers,
made either prior to or simultaneous with the execution of this Amendment.
4. Except as expressly modified in writing herein or as modified by subsequent
written amendments, all other terms and conditions of the original Agreement and any
amendments thereto survive this Amendment and are deemed to be incorporated herein and are
binding on the parties.
IN WITNESS WHEREOF, the parties have executed this Amendment to the
Agreement for General Consulting Engineering Services on the day and year first hereinabove
written.
ATTEST:
CITY OF DELRA Y BEACH, FLORIDA
By:
By:
City Clerk
Jeff Perlman, Mayor
Approved as to legal form
and sufficiency:
By:
City Attorney
WITNESSES:
KIMLEY-HORN & ASSOCIATES, INe.
By:
(name printed or typed)
(name printed or typed)
(name printed or typed)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
, 200_, by , as
(name of officer or agent, title of officer or agent), of
(name of corporation acknowledging), a (state or place of incorporation)
corporation, on behalf of the corporation. He/She is personally known to me or has produced
(type of identification) as identification.
Signature of Person Taking Acknowledgment
Name Typed, Printed or Stamped
Exhibit B
Salary and Billing Rates for Kimley-Horn and Associates, Inc.
Revised September 2006
Employee Category Hourly Raw Salary Hourly Raw Salary
Rates Rate Time 3.00
Multiplier
Senior PrinciDal $72.12 $215.00
Princioal $56.00 $170.00
Senior Professional $45.50 $137.00
Professional $36.75 $110.00
Desianer/Analvst $28.00 $85.00
Cadd Technician $22.75 $68.00
Technician/Field Reo. $22.75 $68.00
Support Staff $19.25 $58.00
Date:
22 Sept 2006
AGENDA ITEM NUMBER,h
<9
AGENDA REQUEST
Request to be placed on:
~Consent Agenda _Regular Agenda _Workshop Agenda _Special Agenda
When:
03 Oct 2006
Description of Agenda Item (who, what, where, how much):
Request for Commission approval/authorization for Mavor to execute Amendment #2 to the
existing Consulting Engineering Services Agreement with Kimlev-Horn and Associates, Inc.
This Amendment #2 adiusts the hourlv rates per Section VIl(A)(2)(a) of the Consulting
Engineering Service Agreement dated April 21. 2004 between the Citv and Kimlev-Horn
Associates. Inc. Kimlev-Horn has requested and staff supports a 5% rate increase and the
addition of a new categorv of Senior Principal. Contingent on the City Attornev's review and
approval of Amendment #2.
Staff Recommendation: A~
Department Head Signature: a ~
f-lI -{)-b
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes I No Initials: N.A.
Account Number
Description
Account Balance:
Funding Alternatives:
City Manager Review:
Approved for Agenda: t.;;J No Initials:
(if applicable)
oM
!
Hold Until:
Agenda Coordinator Review:
Received:
C:\temp\2006 10 03 kimley-horn rate agenda.doc
.~
[IT' DF DElRAY IEA[H
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE' DELRAY BEACH. FLORIDA 33444
TELEPHONE: :i6!/243-7090' FACSIMILE: 561/278-4755
DElRAY BEACH
~
All-America City
Writer's Direct Line: 561/243-7091
, III I! DATE:
1993 TO:
2001
MEMORANDUM
September 18, 2006
FROM:
City Commission
David Harden, City Manager
~. '-""" =
..."
Brian Shutt, Assistant City Attorney
SUBJECT:
Granting of Easement Deed to FPL
The following easement deed from the City grants to FPL the means to install their lines
on City property. This easement is needed as a result of the construction of the parking
garage and the need to relocate their existing lines.
Our office requests that this item be placed on the October 3, 2006 City Commission
agenda for acceptance.
Please call if you have any questions.
Attachment
cc: Chevelle Nubin, City Clerk
Victor Majtenyi, Deputy Director of Public Utilities
<t,~
City Of Delray Beach
Department of Environmental Services
M E M 0 RAN DUM
www.mydelraybeach.com
FROM:
Brian Shutt
Assistant City ~~
Victor Majten~
Deputy Director of Public Utilities
TO:
DATE:
September 15,2006
RE:
Old School Square Parking Garage (PIN 2004-044)
FPL Easement Agreements
Attached is an Easement Agreement with FPL for the installation of the required
underground utilities for the Old School Square Parking Garage project. This easement
is for the layout of the new utilities that must be in place before the existing utilities can
be re-routed from under the building footprint and center alley. As previously discussed,
the south leg of the proposed easement has been shortened by 26', keeping it out of the
area to be owned by the Atlantic retail shops.
Also attached are four copies of the legal description/drawing prepared by Heller-Weaver
and Sheremeta, Inc., revised September 8, 2006, and aerial photos of the lots with their
respective property control numbers.
Please place this item on the next available agenda for approval by City Commission.
Thanks!
Ene
Cc Rich Hasko, P.E.; Director of ESD
Randal Krejcarek, P.E.; City Engineer
Rafael Ballestero; Deputy Dir. Of Construction. ESD
City Clerk's Office
File; 2004-044 (A)
RECEIVED
SEP 1 5 2006
CITY ATTORNEY
S:\EngAdminIProjects\200412004-044\LETTERSIFPL easement agmts to CTY ATT A 09. 15. 06. DOC
Sec. I' , Twp'1G S, Rge "13 E
EASEMENT
This Instrument Prepared By
Work Order No.
Parcel J.D. # /10111 J.. 71Pt E
(Maintained by County Appraiserl
(S~/? 7rPCffFb)
Form 3722 (Stocked) Rev. 7/94
Name:
Co. Name: C. tiY 0 F Dt""l.RA't' f:>tn"'t~ II
Address l 00 N. W. / ST Ii Ve7J"v
D6-"'1. faAI' 8tf1\CM Ft....
~3"ti"-r
P9_of_.
The undersigned, in consideration of the payment of $1.00 and other good and
valuable consideration, the adequacy and receipt of which is hereby acknowledged,
grant and give to Florida Power & Light Company, its licensees, agents,
successors, and assigns, an easement forever for the construction, operation and
maintenance of overhead and underground electric utility facilities (including wires,
poles, guys, cables, conduits and appurtenant equipment) to be installed from time
to time; with the right to reconstruct, improve, add to, enlarge, change the voltage,
as wen as, the size of and remove such facilities or any of them within an easement
10 feet in width described as follows:
\. ... \ ... L.... .l. II 11.\\
~~~ ~~ "', QI ~ ",
Reserved for Circuit Court
Together with the right to permit any other person, firm or corporation to attach wires to any facilities hereunder and lay cable and
conduit within the easement and to operate the same for communications purposes; the right of ingress and egress to said premises at all
times; the right to clear the land and keep it cleared of all trees, undergrowth and other obstructions within the easement area; to trim and
cut and keep trimmed and cut all dead, weak, leaning or dangerous trees or limbs outside of the easement area which might interfere with
or fall upon the lines or systems of communications or power transmission or distribution; and further grants, to the fullest extent the
undersigned has the power to grant, if at all, the rights hereinabove granted on the land heretofore described, over, along, under and
across the roads, streets or highways adjoining or through said property.
IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on ,20_.
Signed, sealed and delivered
in the presence of:
(Corporate's name)
By:
(President's signature)
(Witness' Signature)
Print Name:
Print Name
(Witness)
Print Address:
(Witness' Signature)
Attest:
(Secretary's signature)
Print Name
Print Name:
(Witness)
Print Address:
(Corporate Seal)
AND COUNfY OF
,20_, by
President and Secretary of
behalf of said corporation, who are personally known to me or have produced
oath.
. The foregoing instrument was acknowledged before me this _
, and respectively the
, a corporation, on
as identification, and who did (did not) take an
STATE OF
day of
(Type of Identification)
My Commission Expires:
Notary Public, Signature
Print Name
FLORIDA POWER AND LIGHT EASEMENT
~'" \ ,=>" \. \'~ \'
A PORT'ION OF N.E 1ST STREET ROAD RIGHT OF WAY, A PORTION OF N.E 2ND AVENUE ROAD RIGHT OF WAY, A
PORTION OF BLOCK 76, AND A PORTION OF THE 16 FOOT ALLEY RIGHT OF WAY WITHIN BLOCK 76, MAP OF THE TOWN
OF LINTON, PLAT BOOK 1, AT PAGE 3, AND A PORTION OF PARCEL 1, OLD SCHOOL SQUARE, PLAT BOOK 66, PAGE 71,
SECTION 16, TOWNSHIP 46 SOUTH, RANGE 43 EAST, CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA.
LEGAL DESCRIPTION: FLORIDA POWER AND LIGHT EASEMENT
A PORTION OF N.E 1ST STREET ROAD RIGHT OF WAY, A PORTION OF N.E 2ND AVENUE ROAD RIGHT OF WAY, A PORTION OF
BLOCK 76, AND A PORTION OF THE 16 FOOT ALLEY RIGHT OF WAY WITHIN BLOCK 76, MAP OF THE TOWN OF LINTON,
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1 AT PAGE 3, AND A PORTION OF PARCEL 1, OLD SCHOOL
SQUARE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 66, PAGE 71 OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
BEGIN AT THE NORTHWEST CORNER OF LOT 3, ONNEN SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN
PLAT BOOK 72, AT PAGE 100, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE SOO"OO'OO'W ALONG THE
WEST LINE OF SAID LOT 3 FOR A DISTANCE OF 16.27 FEET; THENCE S12"42'06'WFOR 181.92 FEET; THENCE SOooOO'OO'W
ALONG A LINE PARALLEL WITH AND 10.00 FEET EAST OF AS MEASURED AT RIGHT ANGLES TO THE EAST LINE OF BLOCK 76,
MAP OF THE TOWN OF LINTON, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1 AT PAGE 3, OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA, FOR A DISTANCE OF 33.95 FEET; THENCE N89006'47'WFOR 10.00 FEET;
THENCE SOooOO'OO'W ALONG THE SAID EAST LINE OF BLOCK 76 FOR A DISTANCE OF 192.52 FEET; THENCE N89006'47'W
ALONG A LINE PARALLEL WITH AND 26.00 FEET NORTH OF AS MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF LOT 12
OF SAID BLOCK 76 FOR A DISTANCE OF 10.00 FEET; THENCE NOO"OO'OO"E ALONG A LINE PARALLEL WITH AND 10.00 FEET
WEST OF AS MEASURED AT RIGHT ANGLES TO THE EAST LINE OF SAID BLOCK 76 FOR A DISTANCE OF 192.52 FEET; THENCE
N89006'47'W FOR 20.00 FEET; THENCE NOooOO'OO"E FOR 1.00 FEET; THENCE N89006'47'W FOR 246.00 FEET TO A POINT 10.00
FEET EAST OF AS MEASURED AT RIGHT ANGLES TO THE WEST LINE OF SAID BLOCK 76; THENCE NOooOO'OO"E ALONG A LINE
PARALLEL WITH AND 1 0.00 FEET EAST OF AS MEASURED AT RIGHT ANGLES TO THE WEST LINE OF SAID BLOCK 76 FOR A
DISTANCE OF 10.00 FEET; THENCE S89006'47"E FOR 246.00 FEET; THENCE NOOOOO'OO"E FOR 9.00 FEET; THENCE S89006'47"E
FOR 30.00 FEET TO THE EAST LINE OF SAID BLOCK 76; THENCE NOooOO'OO"E ALONG THE EAST LINE OF SAID BLOCK 76 FOR A
DISTANCE OF 14.90 FEET; THENCE N12"42'06"E FOR 202.67 FEET; THENCE S8900T12"E ALONG A LINE PARALLEL WITH AND 5.00
FEET NORTH OF AS MEASURED AT RIGHT ANGLES TO THE NORTH LINE OF SAID LOT 3 FOR A DISTANCE OF 49.52 FEET;
THENCE S00052'48"W FOR 5.00 FEET TO THE NORTH LINE OF SAID LOT 3; THENCE N89007'12'W ALONG THE NORTH LINE OF
SAID LOT 3 FOR A DISTANCE OF 44.01 FEET TO THE POINT OF BEGINNING;
AND
BEGIN AT THE NORTHEAST CORNER OF PARCEL 1, OLD SCHOOL SQUARE, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 66, PAGE 71 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, THENCE SOO"O'OO'W
ALONG A THE EAST LINE OF SAID PARCEL 1 FOR A DISTANCE OF 226.06 FEET; THENCE N90"00'00'W FOR A DISTANCE OF 10.00
FEET, THENCE NOO"OO'OO"E ALONG A LINE PARALLEL WITH AND 10.00 FEET WEST OF AS MEASURED AT RIGHT ANGLES TO
THE EAST LINE OF SAID PARCEL 1 FOR A DISTANCE OF 226.21 FEET TO A POINT ON THE NORTH LINE OF SAID PARCEL 1,
THENCE CONTINUE NOooOO'OO"E FOR A DISTANCE OF 10.00 FEET; THENCE S89008'20"E ALONG A LINE PARALLEL WITH AND
10.00 FEET NORTH OF AS MEASURED AT RIGHT ANGLES TO THE NORTH LINE OF SAID PARC~L. 1 qRA DISTANCE OF 10.00
FEET; THENCE SOO"OO'OO'W FOR A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING. /
", ,1
SAID LANDS SITUATE WITHIN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORID. /
NOTES:
1) THIS SKETCH AND LEGAL DESCRIPTION DOES NOT REPRESENT A
FIELD SURVEY ("THIS IS NOT A SURVEY").
2) THIS SKETCH IS NOT VALID WITHOUT THE ORIGINAL SIGNATURE
AND RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED LAND
SURVEYOR.
3) BEARINGS SHOWN HEREON ARE BASED ON THE CENTERLINE LINE
OF NORTHEAST 2ND AVENUE, HAVING AN ASSUMED BEARING OF
SOUTH 00000'00" EAST.
4) THE RECORD PLAT OF THE "MAP THE TOWN OF L1NTON"'S ALSO
REFERRED TO AS THE ''TOWN OF DELRAY" AND "DELRAY BEACH" IN
VARIOUS PROPERTY DEED TRANSFERS.
SHEET 1 OF 2 SHEETS
Heller - Weaver and Sheremeta, inc.
E~rlglrl eers ...
DANIEL C. LAAK
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA STATE REG. NO. 5118
WORK ORDER NO. 15396.107
DATED 05-22-06
REVISED 09-08-06 (LESSED OUT SOUTH 26 FEET)
FILE NO. 06-15396.107-5S1
310 S.E. 1st _ Scile 4
Delray Beach, Rorida 33483
(561) 24$-8100 - PIKlne
(561) 243-8771 . Fax
LB. NO. 01103449
FLORIDA POWER AND LIGHT EASEMENT
A PORTION OF N.E 1ST STREET ROAD RIGHT OF WAY, A PORTION OF N.E 2ND AVENUE ROAD RIGHT OF WAY, A
PORtiON OF BLOCK 76, AND A PORTION OF THE 16 FOOT ALLEY RIGHT OF WAY WITHIN BLOCK 76, MAP OF THE TOWN
OF LINTON, PLAT BOOK 1, AT PAGE 3, AND A PORTION OF PARCEL 1, OLD SCHOOL SQUARE, PLAT BOOK 66, PAGE 71,
SECTION 16, TOWNSHIP 46 SOUTH, RANGE 43 EAST, CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA.
I
. ocroroo- W
to.OO"
PouITOP I
..-. . , .
~"Cl:lRNER"-"-'._"_.'_.'-"-' ~"_.'_.._"-"-"_.._"-"-"-'.-"-"r"-"-'
OF PARCB. 1, OLD SCHOOl
SQUARE (PER PlAT BOOK 68, PAGE 71) NOR1H UNE OF BLOCK 78. MAP OF - . srortr E
lHE TOlNN OF UNTON, PlAT BOOK ~
N.E.1ST. STREET [1. PAGE 3 L 49.52"
-..-..-..-..f..-..-....-..- ... 50' n-'-"-.'-"-"-..-"-"-"-"-"-"- .-"-1"":-.-"-..-'-"-"--"-"_"_"_00_" "-"l
-i ,-10'RIGHTOFWAYDEED :: ! 50'
llJ t i \ DEED BOOK 594, PAGE 364 I I
S Ii Ii! I~ -I i: DATED OCTOBER 14TH 1939 : :
~ ::: ~ ~ ! I LOT 1 : : LOT 7
,~,; '" -O~... ! I -116'1- ,
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~ ~ ilil ~ I h~ ! ~, i i __.
o ::w~ ~~ · i i~~ l..L_.._.._..~l.OC.K. .7.~)._.._ooJ L._.._~~~._.._.._.._.._.._..
~51 ~51 ~ i TOWN OF LiNTON l i
~ 3 ~ Ii: f'LU flOC I\":, PACt>~, : : . .......4r E
Fa: ID a: i I LOTS : : 30.00" LOTI
~r ~r i I I NOO'OO"OO'"E
II i : : 8.00"
~ \ . .....47"t E : 2&00"
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. . z! I LOT 4 : : ZO.OO" LOT 10
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~ I :_,~_,.,.. ,.0.. I , (')~ 14 ! I r-T..; t:. ~ !.r.;;. "';t-', 'I :_(';T. ','.' ~ ~ T "
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.._.._n_.._ .._.._.._.._.._.._..~
. IIr08"2r E
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10'
N .000"00'" W
10.00"
SHEET 2 OF 2 SHEETS
~
NORTH
SCAlE: r = 80'
L.._.._.._.._u_u . ....52"..... W
5.00"
NOR'1l4 UNE OF LOT 3
5.0' ..L~~BOOK~
NarortrW
44.ot.
i
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i
~ WESTUNE OF LOT 3
!
i
! ONNEN SUBDiVISiON
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18t.82"
~lAT SOCK 72. PAas: 100:
'Ill"" W
N ocrocror E
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N 88"08"4r W
. 00"00"00'" W
33.95"
N .......4r W
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-
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to.OO"
TOWN OF LiNTON
:;"LA T Z,OCK 1~ PA-o.E ~,
FILE NO. 06-15396.107-8S2
M"" (f51
. . Ire.. ,.g
-~
310 S.E. 1st Sh8t, Stile 4
Delray Beech, Aorida 33483
(561) 243,W). PIllIIlI
(561) 24W71- Fax
EnRineers
'-"
Heller - Weaver and Sheremeta, inc.
~~11r."'\7e\./tlr.'s '-'r(J l{;;.)r'~'~.pr'"'"
.,~ L~ ~.J v. -- Q...J..J, ,;.v~........ r' J!,---,... :)-
LB. NO. 0003449
.-11
<- I
[ITY DF DElRAY IEA[H
CITY ATTORNEY'S OFFICE
~'()il NW hl AYE\,l I;, "lAY REACH. FLORIDA 33444
TU.I.l'IIONE: 'ihi _ i' FACSIMILE: 561/278-4755
Writer's Direct Line: 561/243-7090
DELRAY BEACH
F lOR IDA
lI*&III
All-America City
, III J! ~;TE:
1993
2001
MEMORANDUM
September 25,2006
City Commission
David T. Harden, City Manager
FROM:
Terrill Barton, Assistant City Attorney
.~
SUBJECT: Amendment NO.3 to Contract for Sale and Purchase
Attached please find Amendment No. 3 to the Contract for Sale and Purchase
between the City and Jean Louis Saint Fort and Josette Saint Fort. This
amendment postpones the closing date from September 29, 2006 to December
29, 2006.
Please place this item on the consent agenda for October 3, 2006 for City
Commission consideration.
Thank you.
TCB:smk
Attachment
~.\\-
AMENDMENT NO.3 TO
CONTRACT FOR SALE AND PURCHASE
THIS AMENDMENT NO.3 to the contract dated November 28, 2005 ("Agreement"),
between the CITY OF DELRA Y BEACH, FLORIDA, ("Seller") and JEAN LOUIS SAINT
FORT and JOSETTE SAINT FORT, a married couple, ("Buyers"), is hereby entered into this
day of
, 2006, amends the Agreement as follows:
WIT N E SSE T H:
WHEREAS, the parties previously entered into a contract for the sale and purchase of a
parcel of land in Delray Beach, Florida; and
WHEREAS, the closing date will expire soon; however, the parties wish to extend the
closing date to the date as indicated in this Amendment.
NOW, THEREFORE, in consideration of the mutual promises and covenants, the
parties agree as follows:
I. The closing date as stated in Paragraph V of the Agreement is extended to
December 29,2006.
2. All other terms and conditions of the Agreement not III conflict with this
amendment shall remain in full force and effect.
Jean Louis Saint Fort
Josette Saint Fort
Date:
Date:
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this _ day of
, 2006 by Jean Louis Saint Fort, who is personally known to me or who
has produced as identification.
Signature of Notary Public
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this _ day of
, 2006 by Josette Saint Fort, who is personally known to me or who has
produced as identification.
Signature of Notary Public
ATTEST:
CITY OF DELRA Y BEACH, FLORIDA
By:
City Clerk
Jeff Perlman, Mayor
Approved as to Form
and Legal Sufficiency:
City Attorney
2
M
[ITY DF DElRAY BEA[H
CITY ATTORNEY'S OFFICE
20() I'\W 1 sl AVI.N t! . IlEl .R;\Y BEACH, FLORIDA 33444
I LLEPI!ONE: 561/'-1 i . FACSIMILE: 561/278-4755
Writer's Direct Line: 561/243-7090
DELRAY BEACH
F lOR I [) A
MEMORANDUM
-.e&tI
;'Wfi: ~;~E
September 25, 2006
City Commission
David T. Harden, City Manager
1993
2001
FROM:
Terrill Barton, Assistant City Attorney
,~
SUBJECT: Amendment NO.2 to Interlocal Agreement between the City and the
School Board of Palm Beach County for the Purchase and
Construction of the Soccer Complex
Attached please find Amendment NO.2 to the Interlocal Agreement between the
City and the School Board for the Purchase and Construction of a Soccer
Complex and Joint Use of Facilities. This Amendment provides that the City shall
provide gate access to the School Board's play courts adjacent to the Soccer
Complex and provides that the City will permit joint use of the existing one-story
restroom facility to the north of the football stadium until the City demolishes the
restroom facility and it provides that the City will assume 100% of the utility/electric
costs for the Soccer Complex.
Please place this item on the October 3, 2006 City Commission agenda for
consideration.
TCB:smk
Attachment
cc: Chevelle Nubin, City Clerk
Joseph Weldon, Director of Parks & Recreation
'63
--.::.....
AMENDMENT NO.2 TO INTERLOCAL AGREEMENT BETWEEN
THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA AND THE
CITY OF OELRAY BEACH FOR THE PURCHASE AND CONSTRUCTION
OF A SOCCER COMPLEX AND JOINT USE OF LAND AND FACILITIES
THIS AMENDMENT NO.2 to the Interlocal Agreement is entered into by and
between the CITY OF OELRAY BEACH, FLORIDA, ("City") and THE SCHOOL
BOARD OF PALM BEACH COUNTY, FLORIDA ("School Board") on this day
of September, 2006.
WITNESSETH
WHEREAS, the City, and School Board covenant and agree to amend and
modify the Interlocal Agreement entered into on July 26, 2006, in order to provide that
the City shall provide gate access to the sidewalk located just south of the existing play
courts, extend the fence and existing sidewalk to run north and south on the east side of
the play courts to separate them from the Soccer Complex and provide gate access
between the play courts and Soccer Complex; and
WHEREAS, City and School Board covenant and agree to amend and modify
the Interlocal Agreement entered into on July 26, 2006, in order to provide that the City
and School Board shall be permitted to jointly use the existing one-story restroom
building to the north of the football stadium and the City shall maintain same until the
new restrooms are constructed on the Soccer Complex at which time the City may
demolish the existing restroom building at its own expense; and
WHEREAS, the City and School Board covenant and agree to amend and
modify the Interlocal Agreement entered into on July 26, 2006 in order to provide that
the City shall assume 100% of the utility and electric costs for the Soccer Complex at all
times.
NOW, THEREFORE, in consideration of the mutual covenants, stipulations and
agreements herein contained, the parties agree as follows:
1. The recitations referred to above are hereby incorporated herein.
2. Article 1, "General", of the Interlocal Agreement of July 26, 2006, shall be
amended as follows:
ARTICLE 1: GENERAL
Section 1.01 The foregoing recitals are true and correct and are incorporated
herein as if fully set forth.
Section 1.02 The purpose of this Interlocal Agreement is to enhance
recreational opportunities for use by the public and the students of Palm Beach County.
Section 1.03 The defined terms as used in this Interlocal Agreement shall have
the following meanings:
1 . Old Atlantic Site shall mean the property owned by the School Board
that was the former site of Atlantic High School located at 2501 Seacrest
Boulevard, Oelray Beach, Florida.
2. Middle School shall mean the middle school that the School Board
intends to construct on the Old Atlantic Site.
3. Soccer Complex shall mean the land described in Composite Exhibit "A".
4. Soccer Complex Improvements shall mean the improvements listed in
Section 3.01 of this Agreement.
5. Soccer Complex Parking Area shall mean the land on which the City-
owned parking for the Soccer Complex shall be constructed. The Soccer
Complex Parking Area will be located on a portion of land described in
Composite Exhibit "A". The exact specifications for the parking area shall
be decided after the completion of the site design plan for the Middle
School, provided, however, that retention is met according to the South
Florida Water Management District requirements and that the Soccer
2
Complex Parking Area shall be sufficient and shall equal at least 130 -165
9 feet by 18 feet parking spaces and shall be located within four hundred
feet (400') from the Soccer Complex.
6. Soccer Complex Parking Area Improvements shall mean the paving,
striping, drainage improvements and lighting required for the Soccer
Complex Parking Area.
7. Fields shall mean the City-owned practice field facilities located at 2475
West Atlantic Avenue, Delray Beach, Florida, adjacent to the new Atlantic
High School.
8. School Board's Representative shall mean the Chief of Facilities
Management.
9. City's Facilities shall collectively mean the Fields and the Soccer
Complex Improvements.
10. School Board's Facilities shall collectively mean the football field,
football stadium, gymnasium, and parking located on the Old Atlantic Site.
11. Interim Parking shall mean an area of at least 130-165 9 feet by 18 feet
parking spaces located adjacent to the Soccer Complex to the west that
shall remain in the ownership of the School Board but shall be utilized by
the City until the City purchases the Soccer Complex Parking Area from
the School Board at a later date as contemplated by this Agreement.
12. Restroom facilities shall mean the existing one-story restroom building
located to the north of the football stadium.
3. Article 3, "Schedule/Scope of Work" of the Interlocal Agreement of July 26,
2006, shall be amended as follows:
ARTICLE 3: SCHEDULE/SCOPE OF WORK
Section 3.01 The scope of work and schedule for completion of the
Soccer Complex Improvements shall be as follows:
Soccer Complex Improvements: Phase I Improvements include:
1. Construct three (3) soccer fields,
2. Remove existing basketball and tennis courts,
3
3. Sod in existing softball fields, remove backstops and fencing,
4. Move existing light poles to the east and south of Soccer Complex,
5. Install perimeter fence around Soccer Complex and provide gate access
from Soccer Complex to adjacent football stadium field and old Atlantic
site,
6. Remove all existing buildings just north of football stadium (except press
box.
7. Move storage container to southwest area near football field and track,
8. Construct a concession stand building with restrooms, concession stand
and press box,
9. Fill and sod area between multipurpose field and track,
10. Lighting for the Soccer Complex,
11 . I nstall concrete pad at northeast corner of Soccer Complex,
12. Provide gate access to the sidewalk located to the south of the existing
play courts and extend the fence and the existing sidewalk to run north
and south on the east side of the play courts and include a gate access
between the play courts, and Soccer Complex; and
13. Other improvements within the Soccer Complex as deemed necessary by
City.
4. Article 5, "Use of Properties", of the Interlocal Agreement of July 26,2006
shall be amended as follows:
Section 5.01 Use of Gymnasium. Football Stadium Field and Interim
Parkinq - The School Board agrees to make available the gymnasium, football
stadium field and Interim Parking. The City shall be permitted to use the
gymnasium, football stadium field and Interim Parking in accordance with the
prescribed procedure and conditions set forth herein, and without prior approval
from 4:00 p.m. until 10:00 p.m. Monday through Friday until the Middle School is
completed and from 9:00 a.m. until 6:00 p.m. on Saturday and Sunday.
Additional use of the gymnasium, football stadium field and Interim Parking by
the City is allowed so long as ten (10) days advance notice is given to School
4
Board in accordance with Article 12 herein and the additional use does not
conflict with a School Board or County program or activity as defined in the
certain Interlocal Agreement entered into by the School Board and Palm Beach
County dated October 15, 2003. Both parties agree to meet prior to the opening
of the new Middle School on the site in order to determine and agree on the
revised times of use. The School Board shall be responsible for the utility costs
associated with the School Board's Facilities. If the gymnasium and/or football
stadium field are destroyed for any reason, the School Board agrees to permit
the City to continue to utilize the new gymnasium/football stadium field as
provided in accordance with the terms of this Agreement.
Section 5.02 Use of Soccer Complex/Fields - The City agrees to permit
the onsite school located on the Old Atlantic Site to use the Soccer Complex
Improvements in accordance with the prescribed procedure and conditions set
forth herein, and without prior approval for recreational purposes from 8:00 a.m.
until 4:00 p.m. Monday through Friday. The City agrees to permit the School
Board to use the Fields annually from August 1 through November 30 from 3:00
p.m. to 6:00 p.m. Monday through Saturday for football, band and Eaglettes
practice; from November 1 through February 28 from 3:00 p.m. to 6:00 p.m.
Monday through Saturday, the Fields shall be available for soccer practice; and
from May 1 through November 30 from 3:00 pm. to 6:00 p.m. Monday through
Saturday the Fields shall be available for spring football. Additional use of the
Soccer Complex Improvements and/or Fields is allowed so long as ten (10) days
advance notice is given to the City in accordance with Article 12 herein and the
additional use does not conflict with a City program or activity. The City shall be
responsible for the utility costs associated with the City's Facilities.
Section 5.03 Adequate Supervision - Both parties agree to provide
adequate supervision at all times, taking into consideration the type of activities
planned when using the respective facilities of the other.
Section 5.04 Manner of Use; Cleanup - The City and the School Board
agree to utilize the facilities of the other in the manner, and to the extent and
degree intended for the particular facility and further agree to leave the facility in
a clean and orderly condition upon leaving the facility.
Section 5.05 Vandalism or Other Damaoe to Gvmnasium/Stadium
Field/Soccer Complex/Fields When in Use Pursuant to this Aoreement - The
City agrees to be responsible for vandalism or other damage occurring to the
School Board's Facilities during the periods the School Board's Facilities are
used by the City. The School Board agrees to be responsible for vandalism or
other damage occurring to the City's Facilities during the periods the City's
Facilities are used by the School Board. The School Board shall cause such
repairs to be made as necessary to correct the damage to the School Board's
5
Facilities in an expeditious and timely manner and submit an itemized invoice to
the City for damages incurred during the City's use of the School Board's
Facilities. The City shall cause such repairs to be made as necessary to correct
the damage to the City's Facilities in an expeditious and timely manner and
submit an itemized invoice to the School Board for damages incurred during the
School Board's use of the City's Facilities. All damages shall be paid within
ninety (90) days of receipt of the invoice for the damages.
Section 5.06 Restroom Facilities - The City and School Board shall
have joint use of the existing one-story restroom building to the north of the
football stadium until the new restroom facility is constructed, at which time the
City will assume 100% of the costs for demolition of the existing one-story
restroom building to the north of the football stadium.
5. Article 6, "Maintenance", of the Interlocal Agreement of July 26, 2006,
shall be amended as follows:
Section 6.01 The City will contribute costs up to one thousand dollars
($1,000) per calendar year upon completion of refinishing of the basketball courts
for the gymnasium by the School Board. The City agrees to maintain and to
assume 100% of costs of maintenance of the sod, irrigation and the restroom
facility located to the north of the football stadium field on the football stadium
field with the School Board to assume 100% of costs of maintenance for all
other components of the football stadium.
Section 6.02 The City will assume 100% of the costs of maintenance for
the Soccer Complex Improvements, Interim Parking, the Fields and restroom
facilities, with such maintenance to be performed by the City or the City's
designee.
Section 6.03 At all times, the City will assume 100% of the utility costs
for the Soccer Complex including electric and water. The City will utilize the
existing meter labeled "multi-purpose fields" to provide electric to the Soccer
Complex until the new concession stand/press box building is constructed on the
Soccer Complex at which time the City will provide electric power to the Soccer
Complex via an electric meter to be located in the new concession stand/press
box building.
Section 6.04 The City and School Board recognize that the perimeter
chain link fence does not comport with the legal boundary lines for the Soccer
Complex. Each party shall maintain the property on their side of the fence unless
otherwise specified herein.
6
6. All other terms and conditions of the Interlocal Agreement of July 26,2006
not in conflict with this Amendment shall remain in full force and effect and are
incorporated herein.
IN WITNESS WHEREOF, the parties hereto have set their hands, the day and
year first above written.
ATTEST:
CITY OF DELRA Y BEACH, FLORIDA
By:
City Clerk
Jeff Perlman, Mayor
Approved as to legal form
And sufficiency:
City Attorney
Date:
ATTEST:
THE SCHOOL BOARD OF PALM
BEACH COUNTY, FLORIDA
By:
By:
Arthur C. Johnson, Ph.D.
Superintendent
Thomas E. Lynch, Chairman
Board Approval Date:
Approved for Form
and Legal Sufficiency:
School Board Attorney
Date:
7
MEMORANDUM
FROM:
MAYOR AND CI1Y COMMISSIONERS
CI1Y MANAGER ~
AGENDA ITEM # 'to - REGULAR MEETING OF OCTOBER 3.2006
CLUB CAR, INC.lGOLF CARTS
TO:
SUBJECT:
DATE:
SEPTEMBER 29, 2006
This is before the Commission to consider approval of a purchase award to Club Car, Inc. in the
amount of $131,420.00 for eighty-two (82) new golf carts for the Dekay Beach Municipal Golf
Course.
The Dekay Beach Municipal Golf Course is in need of new golf carts as the lease for the current carts
will soon expire and they need to be replaced. In addition,Club Car is offering a trade-in price of
$148,200.00 for the existing eighty (80) golf carts, therefore, the net amount of the purchase is
$131,420.00 (total cost of $279,620.00 less the trade-in value of $148,200.00).
Funding is available from 445-4761-572-64.90 (Dekay Beach Municipal Golf Course Fund/Other
Machinery / Equipment.
Recommend approval of a purchase award to Club Car, Inc. in the amount of $131,420.00 for eighty-
two (82) new golf carts for the Dekay Beach Municipal Golf Course.
S:\City Clerk\agenda memos\Cm Lease Purchase Club Car 100306
MEMORANDUM
TO: David T. Harden, City Manager
FROM: Jacklyn Rooney, Purchasing Manager~
THROUGH: Joseph Safford, Finance Director
DATE: September 27,2006
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING
OCTOBER 03, 2006 - PURCHASE A WARD
OF EIGHTY-TWO (82) GOLF CARTS FOR THE
DELRA Y BEACH MUNICIPAL GOLF COURSE
Item Before Commission:
City Commission is requested to approve award of Request for Proposal #2006-46 to Club Car
Inc. for the purchase of eighty-two (82) new golf carts for the Delray Beach Municipal Golf Club
for a total amount of $131 ,420.
Background:
The Delray Beach Municipal Golf Course is in need of new golf carts as the lease for the current
carts will soon expire and they need to be replaced.
Bids were received from one (I) vendor all in accordance with City Purchasing Policies and
Procedures. (Request for Proposal #2006-46 on file in the Purchasing Office).
The Manager of the Delray Beach Municipal Golf Club recommends the award to Club Car Inc.
for the total amount of $131,420 for the lease/purchase of eighty two (82) "Precedent Model"
golf carts per attached memo dated May 18,2005. This amount is the total of $279,620 (82 carts
at $3,410 ea) minus the trade-in price of $148,200 for the current eighty (80) golf carts at Delray
Municipal Golf Club (the bid stated 71 carts for trade-in, but actual number was 80 carts). The
vendor has agreed to maintain the same trade in price for the nine (9) additional carts. The City
will utilize the Outright Purchase Option of the Request for Proposal of these carts. Funding will
be provided by bank financing.
Recommendation:
Purchasing staff recommends award to Club Car Inc. for the lease/purchase of eighty-two (82)
golf carts for a total purchase amount of $131,420 for the Delray Beach Municipal Golf Club.
Funding from account code 445-4761-572-64.90.
Attachments:
Club Car Quotation
.."v"', vv"'
CITY OF DELIlA Y BEACH
REQUEST FOR PROPOSALi#2G06-46
PURCIIASI (85) GOLF CARTS FOR THE DELRAY BEACH GOLF CWB
SCIIBDtJLE OFPRIC'ING
ffte~ M()~ CL\..{& CAR-
,ff
0Dti0a .1: OUI'RIGIIT PlJRCIIASI:
City may provide financingdJrouglt internal or extemal sources.
~ DESCRIPTION
UNlTPRlCE
TOTAL PRICE
8S
Purcbasc ofnew gasoline golf carts
s 3 L.f 10- ({l)
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s 2?1} <gSD. cro
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INl'ERBSTRAlE MONmLYPAYMENT I'
QIL DESCRIPTIoN (8S UNITS) .
8S Lease P1If'dJase of New Gasoline GoIfClrt $ ~ · b 90 $ 4 ," ~ I, 05' . I
Forty-eigbt (48) montb lease wiIh buyout option . yi
C~~(...\l. h9-.,iL.J.\~&:ttJ Af10\ArvT oF- tI 131 ~$"D. (J'b 'TO 6e.-Plt-bV(IOa..o IO'1~~ C(r~ 0 ;
O(;V(l.A~ ~~. &Au.<JOlJ j'Jo""Cto~ /i IJ /$0,60 j)t-<<. (AQ.. j)~e fJ.'1 ~fJO. dF- C4'i) f
tl\ 0 'r-1\ \\ {J,f.')f.... ~ . I
Ootioa #3: OPERATJNG LEASE I
Payment terms for ~ (48) DIOJIth operating lease..
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0DIf0a #%: LEASt: PURgJAD
BelIOOD note at the end ofdte lease ...--witIJ option to buy. Payment terms tor forty-eigbt (4B) month lease
pUrchase agreement. -
DESCRIPTION
INTEREST RATE
MONnILYPAYMENT
(8S bNrrs) .
$ tJ ).A
8S
Operating Lease of New Gasoline Golf Cart
Forty-eight (48) month lease
$~
00a0a1U:. TRADE IN AlLOWANCE
m::x.. DESCRIPTION
. 14. ~-'1fr'.- 2003 Model DS Gas Club Cars
2005 Model DS Gas Club Car
VAUJE: PER ~
TOTAL
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21
Page I of I
Rooney, Jackie
From: O'Connor, Rebecca
Sent: Monday, September 18, 2006 7:35 AM
To: Rooney, Jackie; Barcinski, Robert
Subject: FW:
Bob/Jackie,
The Golf Course can only afford 82 carts instead of the 85 that they requested based on the present 48 mos. rate.
Becky
From: O'Connor, Rebecca
Sent: Friday, September 15, 2006 12:25 PM
To: 'sflgolf@aol.com'
Subject:
Hey SP,
It looks like you can get 82 carts at the present 48 mos. rate. Have a great weekend! Talk to you soon.
B.
9/18/2006
September 15,2006
Jackie Rooney
Purchasing Manager
City of Delray Beach
100 NW 1st Avenue
Delray Beach, Florida 33444
Dear Jackie,
REF: RFP #2006-46 Purchase of (85) Golf Carts for the Delray Beach Golf Club
This letter is to serve as confirmation that Club Car, Inc. agrees to provide a trade value
of$1850.00 per car for (9) additional 2003 DS gas model Club Cars.
Please let me know if you have any questions or require additional information.
Sincerely,
David Kelly
Territory Manager
Club Car Florida
AGENDA ITEM NUMBER:
~.J.'
AGENDA REQUEST
Request to be placed on: October 03,2006
Date: September 27,2006
1L Consent Agenda _ Special Agenda _ Workshop Agenda
Description of agenda item:
Approved award to Club Car, Inc. for the lease/purchase of eighty-two (82) new golf carts for the
Delray Beach Municipal Golf Course for the total price of $131 ,420 per Request for Proposal
#2006-46. This amount is the total bid price of $279,620 minus trade in allowance of $148,200 for
seventy-nine (79) 2003 model golf carts and one (1) 2005 model golf cart for the total purchase
price of $131 ,420. The City will utilize the Outright Purchase Option of the Request for Proposal
of these carts and Financing will be funded by a lease purchase agreement at the time of the
purchase of these carts.
ORDINANCEIRESOLUTION REQUIRED:
Draft Attached:
YES
YES
NO
NO
Recommendation:
Approve lease/purchase of eighty-two (82) new golf carts for the Delray Beach Municipal Golf
Course for the total price of $131,420 per Request for Proposal #2006-46. Lease Financing will be
obtained at the time of the purchase of these carts.
Funding from account code 445-4761-572-64.90.
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 t./~ No
Funding alternatives: ~ r-'\<. i=i '-) l!l._' ~l...>-'o
Account Number:
(if applicable)
Account Description:
Account Balance:
City Manager Review:
Approved for agenda: B- ~. No
Hold Until:
Agenda Coordinator Review:
MEMORANDUM
SUBJECT:
MAYOR AND CI1Y COMMISSIONERS
CI1Y MANAGER m
AGENDA ITEM # ~. L - REGULAR MEETING OF OCTOBER 3. 2006
INTERLOCAL AGREEMENT/PALM BEACH COUNTY/DROWNING
PREVENTION COALITION
TO:
FROM:
DATE:
SEPTEMBER 29, 2006
This is before Commission to approve the Fiscal Year 2006-2007 Interlocal Agreement for
reimbursement with Palm Beach County for the Learn to Swim Program at Pompey Park and the
Delray Swim and Tennis Center through the Drowning Prevention Coalition of Palm Beach County.
This is an excellent program that extends and makes more affordable the lesson programming already
offered through our Aquatics Division. The City will receive reimbursement of our $25.00 fee for
qualifying lessons. The participant will present the voucher to the City and the City will redeem the
voucher from the County.
Recommend approval of an Interlocal Agreement for reimbursement with Palm Beach County for the
Learn to Swim Program at Pompey Park and the Delray Swim and Tennis Center through the
Drowning Prevention Coalition of Palm Beach County.
S:\City Clerk\CM Memos\CM PBC Drowning Prevention 100306
.
MEMORANDUM
~()
TO:
Doug Smith, Assistant City Manager
FROM:
Alberta Gaum, Project Coordinator
THROUGH:
J oe Weldon, Director of Parks and Recreation
SUBJECT:
Interlocal Agreement-Drowning Prevention Coalition
DATE:
September 28, 2006
Request approval to renew our Interlocal Agreement with Palm Beach County for
reimbursement of swimming lessons from October I, 2006 through September 30, 2007.
The County through its Drowning Prevention Coalition's ("DPC") Learn to Swim
program, distributes vouchers to the public which may be redeemed for swimming
lessons at Pompey Park Pool and Delray Swim and Tennis. The City receives $25.00
reimbursement for each qualifying lesson.
[ITY DF DELRRY IER[H
CITY ATTORNEY'S OFFICE
'(; \:\\' 1,1 iWU'i11 j)1 i R\ Y BEACH. FLORIDA 33444
i ii .1.1'1 H )'\1 ."if, Ii' 1.\CSl'vIILE: 561/278-4755
DELRAY BEACH
Writer's Direct Line: 561/243-7091
F LOR I D A
D.e.I:III
All-America City
, 1111: DATE:
MEMORANDUM
September 19, 2006
FROM:
SUBJECT:
Alberta Gaum-Rickard, Administrative Office Manager
Parks and Recreation
Brian Shutt, Assistant City Attorney .B21 (;....
Drownino Coalition of Palm Beach County Aoreement
1993
2001
TO:
This is o.k. provided that you attach a completed Exhibit "A".
RBS:ci
Attachment
INTERLOCAL AGREEMENT
FOR SWIMMING LESSONS
This Agreement is made as ofthe _ day of , 200_, by and between Palm Beach County,
a Political Subdivision of the State of Florida, by and through its Board of Commissioners,
hereinafter referred to as the COUNTY, and the City of Delray Beach, a Florida municipal
corporation located in Palm Beach County, Florida. (hereinafter referred to as "MUNICIPALITY").
WHEREAS, COUNTY, through its Drowning Prevention Coalition's ("DPC") Learn to
Swim Program, distributes vouchers to the public which may be redeemed for swimming lessons at
designated aquatic facilities within Palm Beach County; and
WHEREAS, the parties desire to enter into this Agreement for MUNICIPALITY to provide
swimming lessons as part of the DPC Learn to Swim Program, and to define the parties'
responsibilities relating thereto.
WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of
1969," authorizes local governments to make the most efficient use oftheirpower by enabling them
to cooperate with other localities on a basis of mutual advantage and thereby to provide services and
facilities that will harmonize geographic, economic, population and other factors influencing the
needs and development of local communities.
NOW THEREFORE, in consideration of the mutual covenants and promises contained
herein, the COUNTY and the MUNICIPALITY agree as follows:
ARTICLE 1 - SERVICES
MUNICIP ALITY shall offer and provide swimming lesson classes to individuals who present
vouchers issued by the DPC Learn to Swim Program. Each class to be offered and provided shall
consist of a series of at least six swimming lessons and shall be identified in Exhibit A, attached
hereto and incorporated herein. Exhibit A shall set forth the name, type, swimming level, dates,
location, minimum participation requirements, if any, and MUNICIPALITY's usual and customary
fee for each class. MUNICIPALITY shall not charge voucher holders for any swim class for which
MUNICIPALITY's usual and customary fee is $50.00 or less. If MUNICIPALITY's usual and
customary fee for a swim class is more than $50.00, then the maximum fee that MUNICIPALITY
may charge voucher holders for said class is its usual and customary fee minus $50.00. Said classes
may be open to the public and are not restricted to voucher holders.
The swimming lesson classes shall be provided at MUNICIPALITY'S aquatic facility.
MUNICIP ALITY agrees to provide and maintain its facility in a safe, clean and hygienic manner and
in accordance with all safety and health standards and all other applicable laws and regulations.
MUNICIP ALITY agrees to provide and maintain in proper working order all equipment necessary to
provide and maintain the services and facility as provided herein. MUNICIPALITY represents and
1
warrants that its aquatic facility is in compliance, and shall continue to be in compliance, with
Section 514.031, Florida Statutes, all applicable rules and requirements of the State and County
Health Departments, and all other applicable laws, rules and regulations. Prior to execution of this
Agreement, MUNICIPALITY must provide to COUNTY copies ofthe facility's current operating
permit and most current inspection report, which must evidence a satisfactory inspection.
MUNICIPALITY shall perform the services set forth herein in accordance with all applicable
laws, rules and regulations, and in a competent, professional, safe and responsible manner with full
regard for the safety of the participants. MUNICIPALITY agrees and warrants that all swimming
instructors utilized by MUNICIPALITY to provide lessons hereunder shall be certified as required
by Section 514.071, Florida Statutes, and any other applicable laws, rules and regulations.
MUNICIP ALITY shall provide proof of such certifications to COUNTY'S representative upon
request. MUNICIP ALITY represents and warrants that it has in place, and shall continue to
maintain, a drug-free workplace policy.
ARTICLE 2 - COMMENCEMENT AND TERM
This Agreement shall commence on October 1,2006 and shall remain in effect until September 30,
2007.
ARTICLE 3 - PAYMENTS TO MUNICIPALITY
A. For swimming classes provided by MUNICIPALITY in exchange for DPC Learn to Swim
Program vouchers, COUNTY shall pay MUNICIPALITY its usual and customary fee per
class as set forth in Exhibit A hereto, up to a maximum of$50.00 per class series provided
to a voucher holder. As provided in Resolution No. R-2005-1906, the total payments to all
swimming lesson providers utilized in the DPC Learn to Swim Program for each fiscal year
shall not exceed the amount budgeted by COUNTY for this purpose for said fiscal year.
B. MUNICIPALITY shall invoice COUNTY monthly based on the number of swimming lesson
classes provided hereunder. Invoices shall include a list of the names and contact
information of students to whom lessons were actually provided, the name, dates, and times
of the classes provided, and any other documentation deemed necessary by COUNTY to
verify that services have been rendered in conformity with this Agreement and any applicable
DPC Learn to Swim Program criteria, policies and procedures.
ARTICLE 4 - TERMINATION
The COUNTY may terminate this Agreement at any time upon written notice to the
MUNICIP ALITY with or without cause and without penalty, damages or recourse against
COUNTY. MUNICIPALITY may terminate this Agreement upon thirty days (30) days' prior written
notice to the COUNTY.
2
ARTICLE 5 - PERSONNEL
The MUNICIPALITY represents that it has, or will secure at its own expense, all necessary
personnel required to perform the services under this Agreement. Such personnel shall not be
employees of or have any contractual relationship with the COUNTY.
All of the services required hereunder shall be performed by the MUNICIPALITY or under its
supervision, and all personnel engaged in performing the services shall be fully qualified and, if
required, authorized and permitted under state and local law to perform such services.
The MUNICIPALITY warrants that all services shall be performed by skilled and competent
personnel to the highest professional standards in the field.
ARTICLE 6 - SUBCONTRACTING
MUNICIP ALITY may not, without written approval of COUNTY, subcontract any rights,
responsibilities or obligations under this Agreement.
ARTICLE 7 - AVAILABILITY OF FUNDS
The COUNTY'S performance under this Agreement for subsequent fiscal years is contingent upon
annual appropriations for its purpose by the Board of County Commissioners and subject to the
provisions of Palm Beach County Resolution No. R-2005-1906. The MUNICIPALITY'S
performance under this Agreement for subsequent fiscal years is contingent upon annual
appropriations for its purpose by its governing body.
ARTICLE 8 - INSURANCE
Without waiving the right to sovereign immunity as provided by 8.768.28f8., MUNICIPALITY
acknowledges to be self-insured for General Liability and Automobile Liability under Florida
sovereign immunity statutes with coverage limits of $100,000 Per Person and $200,000 Per
Occurrence; or such monetary waiver limits that may change and be set forth by the legislature.
In the event MUNICIPALITY maintains third-party Commercial General Liability and Business
Auto Liability in lieu of exclusive reliance of self-insurance under 8.768.28f8, MUNICIPALITY
shall agree to maintain said insurance policies at limits not less than $500,000 combined single limit
for bodily injury or property damage.
MUNICIP ALITY agrees to maintain or to be self-insured for Worker's Compensation & Employer's
Liability insurance in accordance with Chapter 440, Florida Statutes.
When requested, MUNICIPALITY shall agree to provide an affidavit or Certificate of Insurance
evidencing insurance, self-insurance and/or sovereign immunity status, which COUNTY agrees to
3
recognize as acceptable for the above mentioned coverages.
Compliance with the foregoing requirements shall not relieve MUNICIPALITY of its liability and
obligations under this Agreement.
ARTICLE 9 - INDEMNIFICATION
Each party shall be liable for its own actions and negligence and, to the extent permitted by law,
COUNTY shall indemnify, defend and hold harmless MUNICIPALITY against any actions, claims
or damages arising out of COUNTY'S negligence in connection with this Agreement, and
MUNICIP ALITY shall indemnify, defend and hold harmless COUNTY against any actions, claims,
or damages arising out ofMUNICIP ALITY'S negligence in connection with this Agreement. The
foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set
forth in Section 768.28, Florida Statutes, nor shall the same be construed to constitute agreement by
ei ther party to indemnify the other party for such other party's negligent, willful or intentional acts or
omISSIons.
ARTICLE 10 - SUCCESSORS AND ASSIGNS
Neither party shall assign, delegate or otherwise transfer its rights and obligations as set forth in this
Agreement to any other entity without the prior written consent of the other party.
ARTICLE 11 - REMEDIES
This Agreement shall be governed by the laws ofthe State of Florida. Any legal action necessary to
enforce the Agreement will be held in Palm Beach County. No remedy herein conferred upon any
party is intended to be exclusive of any other remedy, and each and every such remedy shall be
cumulative and shall be in addition to every other remedy given hereunder or now or hereafter
existing at law or in equity, by statute or otherwise. No single or partial exercise by any party of any
right, power, or remedy hereunder shall preclude any other or further exercise thereof. No provision
of this Agreement is intended to, or shall be construed to, create any third-party beneficiary or to
provide any rights to any person or entity not a party to this Agreement.
ARTICLE 12 - CONFLICT OF INTEREST
The MUNICIPALITY represents that it presently has no interest and shall acquire no interest, either
direct or indirect, which would conflict in any manner with the performance of services required
hereunder, as provided for in Chapter 112, Part III, Florida Statutes. The MUNICIPALITY further
represents that no person having any such conflict of interest shall be employed for said performance
of services.
The MUNICIPALITY shall promptly notify the COUNTY's representative, in writing, by certified
mail, of all potential conflicts of interest of any prospective business association, interest or other
4
circumstance which may influence or appear to influence the MUNICIPALITY'S judgment or
quality of services being provided hereunder. Such written notification shall identify the prospective
business association, interest or circumstance, the nature of work that the MUNICIPALITY may
undertake and request an opinion of the COUNTY as to whether the association, interest or
circumstance would, in the opinion of the COUNTY, constitute a conflict of interest if entered into
by the MUNICIPALITY. The COUNTY agrees to notify the MUNICIPALITY of its opinion by
certified mail within thirty (30) days of receipt of notification by the MUNICIPALITY. If, in the
opinion ofthe COUNTY, the prospective business association, interest or circumstance would not
constitute a conflict of interest by the MUNICIPALITY, the COUNTY shall so state in the
notification and the MUNICIPALITY shall, at its option, enter into said association, interest or
circumstance and it shall be deemed not in conflict of interest with respect to services provided to the
COUNTY by the MUNICIPALITY under the terms of this Agreement.
ARTICLE 13 - EXCUSABLE DELAYS
MUNICIPALITY shall not be considered in default by reason of any failure in performance if such
failure arises out of causes reasonably beyond the control ofMUNICIP ALITY or its subcontractors
and without their fault or negligence. Such causes include, but are not limited to, acts of God, force
majeure, natural or public health emergencies, labor disputes, freight embargoes, and abnormally
severe and unusual weather conditions.
Upon MUNICIPALITY'S request, the COUNTY shall consider the facts and extent of any failure to
perform the work and, if the MUNICIPALITY'S failure to perform was without its or its
subcontractors fault or negligence, the Agreement schedule and/or any other affected provision of
this Agreement shall be revised accordingly, subject to the COUNTY'S rights to change, terminate,
or stop any or all of the work at any time.
ARTICLE 14-ARREARS
The MUNICIPALITY shall not pledge the COUNTY'S credit or make it a guarantor of payment or
surety for any contract, debt, obligation, judgement, lien, or any form of indebtedness. The
MUNICIPALITY further warrants and represents that it has no obligation or indebtedness that would
impair its ability to fulfill the terms of this Agreement.
ARTICLE 15 - PUBLIC RECORDS
The MUNICIPALITY shall comply with Florida's Public Records Law with regard to any
documents or other records relating to this Agreement.
ARTICLE 16 - INDEPENDENT CONTRACTOR RELATIONSHIP
The MUNICIPALITY is, and shall be, in the performance of all work services and activities under
this Agreement, an Independent Contractor, and not an employee, agent, or servant ofthe COUNTY.
All persons engaged in any ofthe work or services performed pursuant to this Agreement shall at all
5
times, and in all places, be subject to the MUNICIPALITY'S sole direction, supervision, and
control. The MUNICIPALITY shall exercise control over the means and manner in which it and its
employees perform the work, and in all respects the MUNICIPALITY'S relationship and the
relationship of its employees to the COUNTY shall be that ofan Independent Contractor and not as
employees or agents of the COUNTY.
The MUNICIPALITY does not have the power or authority to bind the COUNTY in any promise,
agreement or representation.
ARTICLE 17 - CONTINGENT FEES
The MUNICIPALITY warrants that it has not employed or retained any company or person, other
than a bona fide employee working solely for the MUNICIPALITY to solicit or secure this
Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or
firm, other than a bona fide employee working solely for the MUNICIPALITY, any fee, commission,
percentage, gift, or any other consideration contingent upon or resulting from the award or making
of this Agreement.
ARTICLE 18 - ACCESS AND AUDITS
The MUNICIPALITY shall maintain adequate records to justify all charges, expenses, and costs
incurred in estimating and performing the work for at least three (3) years after completion or
termination of this Agreement. The COUNTY shall have access to such books, records, and
documents as required in this section for the purpose of inspection or audit during normal business
hours, at the MUNICIPALITY'S place of business.
ARTICLE 19 - NONDISCRIMINATION
The MUNICIPALITY warrants and represents that all of its employees are treated equally during
employment without regard to race, color, religion, disability, sex, age, national origin, ancestry,
marital status, or sexual orientation.
ARTICLE 20 - AUTHORITY TO PRACTICE
The MUNICIPALITY hereby represents and warrants that it has and will continue to maintain all
licenses and approvals required to conduct its business, and that it will at all times conduct its
business activities in a reputable manner. Proof of such licenses and approvals shall be submitted to
the COUNTY's representative upon request.
ARTICLE 21 - SEVERABILITY
If any term or provision ofthis Agreement, or the application thereofto any person or circumstances
shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the
application of such terms or provision, to persons or circumstances other than those as to which it is
6
held invalid or unenforceable, shall not be affected, and every other term and provision of this
Agreement shall be deemed valid and enforceable to the extent permitted by law.
ARTICLE 22- PUBLIC ENTITY CRIMES
As provided in F.S. 287.132-133, by entering into this Agreement or performing any work in
furtherance hereof, the MUNICIPALITY certifies that it, its affiliates, suppliers, subcontractors and
contractors who will perform hereunder, have not been placed on the convicted vendor list
maintained by the State of Florida Department of Management Services within the 36 months
immediately preceding the date hereof. This notice is required by F.S. 287. 133(3)(a).
ARTICLE 23 - SURVIVABILITY
Any covenant, agreement, representation, warranty or other provision ofthis Agreement that is of a
continuing nature or which by its language or its nature imposes an obligation that extends beyond
the term ofthis Agreement, including but not limited to representations relating to indemnification
and the disclosure or ownership of documents, shall survive the expiration or early termination of
this Agreement and the consummation of the transactions contemplated hereunder.
ARTICLE 24 - NOTICE
All notices required in this Agreement shall be sent by certified mail, return receipt requested, hand
delivery or other delivery service requiring signed acceptance. If sent to the COUNTY, notices shall
be addressed to:
Palm Beach County Fire-Rescue
50 South Military Trail, Suite 101
West Palm Beach, FL 33415
Attn: Fire-Rescue Administrator
If sent to the MUNICIPALITY, notices shall be addressed to:
City of Delray Beach
Aquatics Operations
1101 NW 2nd Street
Delray Beach, FL 33444
Attn: Nina Caliendo, Aquatics Operations Supervisor
ARTICLE 25 - FILING
A copy ofthis Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach
County.
7
ARTICLE 26 - ENTIRETY OF CONTRACTUAL AGREEMENT
The COUNTY and the MUNICIPALITY agree that this Agreement sets forth the entire agreement
between the parties, and that there are no promises or understandings other than those stated herein.
None of the provisions, terms and conditions contained in this Agreement may be added to,
modified, superseded or otherwise altered unless agreed to in writing by both parties. This
Agreement shall inure to the benefit of and shall be binding upon the parties, their respective assigns
and successors in interest.
IN WITNESS WHEREOF, the Board of County Commissioners of Palm Beach County, Florida has made and
executed this Agreement on behalf of the COUNTY, and MUNICIPALITY has hereunto set its hand the day and
year above written.
WITNESS
PALM BEACH COUNTY, FLORIDA, BY
ITS BOARD OF COUNTY COMMISSIONERS
Signature
By:
Herman W. Brice, Fire-Rescue Administrator,
through Robert Weisman, County Administrator
Name (type or Print)
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
APPROVED AS TO TERMS
AND CONDITIONS
By
By
County Attorney
Fire-Rescue
ATTEST:
CITY OF DELRA Y BEACH, FLORIDA
City Clerk
By:
Jeff Perlman, Mayor
By:
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
City Attorney
8
Aquatics
Division
1101 NW 2nd Street
Delray Beach
Florida
33444
Phone
(561) 243 - 7358
Fax
(561) 243 - 7346
E-Mail
caliendo@Ci.delraybeach.f1.u5
On the Web
mydelraybeach.com
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DElRAY BEACH
Pa~ks &" .Rec~~a~~"
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DELRAY BEACH
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All-Al..aClly
, III I!
1993
2001
To:
From:
Date:
Details:
Locations:
EXHIBIT A
Drowning Prevention Coalition of Palm Beach County
Giovannina E. Caliendo
Aquatics Operations Supervisor
September 28, 2006
Swim lesson courses; Descriptions, Fees; Instructor I Student ratio
Delray Beach Aquatics Division
Pompey Park Pool and the Delray Swim & Tennis Club
Swim lessons Instructed:
Course:
Course length I fee and
Number enrolled :
Course:
Course length / fee and
Number enrolled:
Course:
Course length / fee and
Number enrolled:
Course:
Course length / fee and
Number enrolled:
Course:
Course length / fee and
Number enrolled:
Course:
Course length / fee and
Number enrolled:
Fall swim lessons held in the month of October
Session I and Session II
Spring swim lessons held in the month of April
Session I and Session II
Summer lessons held in the months of June and July
Session I; Session II; Session III and Session IV
Parent and Child Aquatics
Developed for children 6 months to 5 years of age, American Red Cross Parent
and Child Aquatics builds swimming readiness by emphasizing fun in the
water.
Parents and children participate in several guided practice sessions that
help children learn elementary skills, including water entry, bubble blowing,
front kicking, back floating, underwater exploration and more.
Once children can perform basic skills without parental assistance, they
may begin Learn-to-Swim courses.
Two weeks course; Tuesday- Friday for 1/2 hour instruction;
$25.00 per student; one instructor / ten students
Level 1 (5yrs. in age and older)
Introduction to Water Skills: helps students feel comfortable in the water
and to enjoy the water safely.
Two weeks course; Tuesclay- Friday for 1/2 hour instruction;
$25.00 per student; one instructor / six students.
Level 2 (5yrs in age and older)
Fundamental Aquatic Skills: gives students success with fundamental skills
Two weeks course; Tuesday- Friday for 1/2 hour instruction;
$25.00 per student; one instructor / six students
Level 3 (5 yrs in age and older)
Stroke Development: builds on the skills in Level 2 by providing additional
guided practice.
Two weeks course; Tuesday- Friday for forty-five min. instruction;
$25.00 per student; one instructor / ten students.
Young Adult (12 yrs - 17 yrs in age)
Improves various swim skills from Levell, II & III by providing additional
guided practice.
Two weeks course; Tuesday- Friday for forty-five min. instruction;
$25.00 per student; one instructor / ten students.
Adult (18 yrs in age and older)
Improves various swim skills from Levell, II & III by providing additional
guided practice.
Two weeks course; Tuesday- Friday for forty-five min. instruction;
$25.00 per student; one instructor / ten students.
Thmkyou. ttl ~
Giovannina E. Caliendo
Aquatics Operations Supervisor
.,~
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AIGLIFE
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.'~;j;',"lGf3Fe'!INSt:tRANOE'COMPANY~
.:600 KtNG STReET .. . ....t'
,~;.:WJLMINGTON, DELAWARE 19801
.,{302} 594--2000
(Herein called the Company)
Policyholder: National Recreation 'and Park Association
Policy Number: SRG 8067228
BLANKET ACCIDENT INSURANCE
Certificate Holder: City of Delray Beach-Parks & Recreation Dept.
Certificate Number
388
Premium
$5,960.00
Oertificate Effective Date 0812412005
Age Group X Age 19 and under
X Age 20 through 70
Company hereby certifies that all registered participants in the Age Groups designated above by an "y:' set
opposite thereto, who engage in supervised recreation activities (herein called the Insured Person) sponsored
by the above Insured Agency have been insured under POlicy Number SRG 8()6().117 (herein called the
Policy) issued to National Recreation and Park Association (herein called the Holder).
SCHEDULE
The Benefits applicable to each Insured Person will have a specified amount entered opposite the name of
the Benefit The limit of the Company's liability against each benefit, as the result of anyone accident
with respect to the Insured Person, is as stated below, subject to all tenns of the policy having reference
thereto.
Accidental Death and Dismembennent
Accident Medical Expense
Certificate Expiration Date
08124/2006
$ 2,500.00 Maximum Benefit
$15,000.00 Maximum Benefit
Definition and Scope of Coverage
"Injury" means bodily injury caused by an accident which occurs while the Insured Person's coverage is in
force, results directly in loss covered by the policy and is sustained independently of all other causes
sustained by an insured Person while he/she is:
A) Managing or participating in scheduled activities, except Tackle Football, Ice Hockey, Boxing or
Snow Skiing, sponsored by the member agent; or
Traveling as a member of a group under the supervision of an authorized representative of the
member agency. * .
Provided that, such injury is sustained by an Insured Person while the policy is in force with respect to the
Insured Person.
*Member Agerq: are reaeation and commissions that are NRPA Public AIJerW::f members
Accident Medical Expense Benefit
Maximum Amount $15,000.00 per accident
Deductible" $200.00; if other insurance is collectible, the $200.00 deductible is waived. If there is no other
insurance or the other insurance carrier does make any payment of the claim, the full $200.00 deductible will
apply.
Dental Maximum: $1,000.00. For dental treatment to one or more sound natural teeth as the result of any
one accident.
B)
The Maximum Amounts are used to detennine amounts payable under each Benefit.
Actual amounts payable win not exceed the maximums, and may be less than the maximums under
circumstances specified in the Policy.
Aggregate Limit: N/A
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STATE NATIONAL lNSURANCE CO.
CERTIFICATE OF INSURANCE
DATE IssUED: 2/6/06
PRODUCER This certIt'Ic:atEIls issued as a matter gf information only and confers no rigkts upon
Arthur J: Gallagher & Co the certificate holder. This certificate DOES NOT amend. extend or alter the coverage
2255 Glades Road afforded by the policies below.
Suite 400 E.
Boca Raton, FL 33431 COMPANIES AFFORtJlNG COVERAGE
. . ., :
COMPANY (A) STATE NATIONAL INSURANCE COIl4PANY
INSURED COMPANY (8)
CIty of Detray Beach '
10Q ~l;l~l1stAv9. COMPANyeC)
DeJray Seaeh, Fl. 33444
COMPANY (0)
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COVERAGE$ , ':.. ..,.. : .
ThIs Is b CSr1lfy. that the polldes of Insurance listed beIaw have been Issued to the l!'JSured named abow tor !he policy period indicated,
nolwIlhslandlng any requirement. term or condlllorJ of any contract or other dccumant wiih respect to which 1his certificate may be issued 01" may
pertain, the Insurance affbltled by the poncles described herein is subject Ie all the !enns, exclusions and condItions d such poUdes. Umlts shown
may have ~n reduced by paid claIms.
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co ~~'f: I~.SURANCE POlICYNUMaER POliCY EFFI:C11IIE POLICY EXPIRATION UMml
LTR OJ\~ DATE
GeNeRAL LlAelU'lY' .
A 181 CONIIIERCIAL GENERAL LIA;ILrrt MD8~6TS2 1 DlO1.us 1Il101 lOA GENSW,,"GGREGI'.tk ~fE..~
C ClAIMS MAOli I!l OCCUR. PROOUCT'S-COUPIOP AGG:
C Cl'W!'lER'$ & COtfflU.ClOR'S PROT ~OGC~
'. , f1RE CAMA.Ge ~Ill' !lI'l5 h)
. . .. . t.lEO. E:ilPENSIii (II~ one ~J
...UToMOelL.e LIABILITY.
1\ IlIINtf AUro' :'.:. . ..;:;--: MD!llr.C6G7 ~ 1l1lO11l>5 1 tlI01 /00 COM9\FlED S1rtGUi UMrr .al:O~
C ALLOWHEDAUTOS IlOOILY INJU~__
c SCl:fEQ~!I-~ ,. BOOn.\' INJURY(,.w_lIll
o ttl~ED AlJ.TO$ , I'ROPERTY DAMAGE:
C NOrloOWt.leo AUTOS
t) GARl\GE UA81LITY:',
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EXCF.SS LlABILliV:' :.. .
4 tl ~Li/.)'ORij EACH OCCURReNCE 81,ooa,oeo.
l!l 0'1l16R liliQfUMBRELU "ORM MOB 0".:6Q ~ 101ll11D.5 to.'Ol,w AGGREG4Te S2.DOll.coo.
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WORkIaUi' ~~~.ji~N MOB D:!SS7 t2 10f.l1105 1M1Joe S'l'ATU1'ORY LlUrTl; SlQlulcry
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!!MPLCVE~'I.~ptv , !I\CH ACCIDENT
" ...:". '.:''''i.:: ;. :.:: lJISE,6,Se.POLICE LIMIT
.. .' , DlSGASE-EACH El\IPI.OYeF.;
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XXXX --:.p'o!-fC;;YSUSJE'CTTOA $5Oc .000 PQrDCCtltrenc;tl S.'.R.
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DESCR.'P.TlpN OF' OPE~TIONSILOCATIONSNEHIClESlSPEClAL ITEMS - AIl opennronsusual to a nonnal City Govemnwnt
IncludIng PaI~..Q.Ilc:h County Board of Co~nty Commissioners as additional insured hut only to the extent of Indflmnity provfslons of the
Appl1C01ble conV;act a,l:\d only to the extent allowed by F.S. 788.28 with N1Cpects to drowning proV8ntlon coalition.
.; ....-.. ':'. All other terms and conditIons of polley l'9I'I1aln unchanged.
--.....,....--:';:~:n-:7.:..":'.......~.-........_--.......,.....----....-I..-.--.--......-.........____..........___.....__......___......._...._..___........,.......__.__.._._..._..."'_._.__.._
CERTIFlCATe'.HOL.DER
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. . ShoUld any of the above described poIic:res be cancelled bafore lhe explralfon
P~lfI'! .~~~ County Board of CoUflty dale If'lereof. the issuing company will f1ndeavOl' 10 mal( 30 days writlen nollee 10
., ".:.' "CommissIoners Ihe certff1eate holder named to !he left, but 12 i1ure to Fl'l<lll $ueh noUes Ellalf impose
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STATE OF FLORIDA
DEPARTMENT OF.HEALTH
COUNTY HEALTH DEPARTMENT
PUBLIC POOL AND BATHING PLACE
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= 15. Life Ring w/Rope
= 1(,. Safcly Linen- Marking
= 17. Rules Posled
= 41. Olher Equipmenl
= 42. Equipment Change
= 43. Approved Chemicals
= -44. Mainlenance Log
= 45. Inspeclion Posted
= 46, Electrical Equip.
= 47. Fences
= 25. Spa Re(juiremenls
= 37. Cross Conneclion
= 1, Appcarnnce/A Igae Contrul
= 2. Deck/Walkways
= 3. Tile,Pool Finish
= 4. Depth Markers
= 5. Handrail/Ladder
= 6. Step Markings
= 7. Main Dmin Grate
= ~. Guller Grates/Skimmer
= 9. Lighting
= 10. No Dive Markings
= II. Diving Board
= 12. Pool Cover
EQUIPMENT ROOM = 38. Gas Chlorine Equip.
= 26. Wading Pool: Quick Dump = 3<). Waste Water Disposal
= 27. Water Level/Control = .40. D.E. Separalor
= 18. Certificalion
= 28. Disinfeclion feeder
SANITARY FACILITIES
= 19. Supplies
= 20. Clean
= 29. pH Feeder
= 30. Chern. Container Label
= 31. Filter Pump
= 13. Pool Side Shower
WATER QUALITY = 32. Vacuum Cleaner
= 2 \. Approved Test Kit = 33. Flowmeter ."} 0;",)
= 22. Free Chlorine/Bromine .--1- = 34. Thermometer
= 23. pH -J..;L = 35. Pressure/Vacuum Gauge
= 24. Chlorine Stabilizer.A. .':::. ~ = 36. Equip. Room
Gia 48. Olber
= 49. Other
. ~)j i i~~';'i~
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-}.i;.Y
.em Satisfactory .
= Incomplete
= Pool Closed
= Unsatisfactory
Correct Violations by
= Next Inspection
= 8:00AM on:
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ITEM
NUMBERS
NOTE: It is unlawful to modify any pub'lie pool or its equipment without first having obtained approval from the department.
COMMENTS AND INSTRUCTIONS
.(continue O!l attached sheet)
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c:=J I. Appearancel Algae Control 14. Life Hook w/'Po\e c:=J 25. Spa Requirements c:=J 37. Cross Connection
c:=J 2. D""k/Walkways c:=J 15. Life Ring wlRope EQUIPMENT ROOM c:=J 38. Gas Chlorine Equip.
c:=J 3. Tile/Pool Finish c:=J 16. Safety Linel2" Marking c:=J 26. Wading Pool: Quick Dump c:=J 39~ Wa.te Water Disposal
c:=J 4. Depth Markers c:=J 17. Rules Posted GD 27. Water Level/Control c:=J 40. D. E. Separator
c:=J 5. HandraillLadder . c:=J 18. Certification .c:=J 28. Disinfection Feeder c:=J .41. Other Equipment
c:=J 6. Step Markings SANITARY FACILITIES c:=J 29. pHFeeder c:=J 42. Equipment Change
c:=J 7. Main Drain Grate c:=J 19.5upplies c:=J 30. Chern. Container Label c:=J 43. Approved Chemicals
. c:=J 8. Gutter GrateslSkimmer c:=J 20. Clean c::i 31. Filter Pump c:=J 44. Maintenance Log.
c:=J 9. Lighting WATER QUALITY c:=J 32. Vacuum Cleaner c:=J 45. Inspection Posted
c:=J 10. No Dive Markings c:=J 21. Approved Test Kit C::I 33. Flowmeter /\ c:=J 46. Elcctrical Equip.
c:=J 11. Diving Board c:=J 22. Free ChlorinelBromine ....:b- r::=J 34. Jhermometer <;' , ., c:=J 47. Fences
c:=J 12. Pool Cover 0 23. pH I~ c:=J 35. pressure/Vacuum Gauge c:=J 48. Other
c:=J 13. Pool Side Shower c:=J 24. Chlorine Stabilizer v' c:=J 36. Equip. Room c::J 49. Other
NOTE: It is unlawful to modify any public pool or its equipment without fint.ba\'ing obtained appro\'alfrom tbe department.
COMMENTS AND INSTRUCTIONS
(continue on attached sheet)
PURPOSE:
,JiiFl ROUTINE
c:=J CONSTRUCT.
COMPLAINT
QA SURVEY
OTHER
STATE OF FLORIDA
DEPARTMENT OF HEALTH
COUNTY HEALTH DEPARTMENT
PUBLIC POOL AND BATHING PLACE
INSPECTION REPORT
..5\)
c:=J REINSPECTlON
c::J CHANGE OF OWNER
c:=J CONSULTATION
c:=J EPIDEMIOLOGY
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t-
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ZIP
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aliiq/iJiiQll oICllOpterp,4E-9ri!iht;
mlhe 'Resitlrssec(ion above or WI a
POOL AREA
s
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DATE:
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c::J Satisfactory
c:=J Incomplete
Cl Pool Closed
c::J Unsatisfactory
Correct Violations by
c:=J Next Inspection
c:=J 8:00 AM on:
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STATE OF FLORIDA
DEPARTMENT OF HEALTH
883351
ANNUAL OPERATING PERMIT Permit Number 50-60-00723
POOL/SPA
PALM BEACH COUNTY HEALTH DEPARTMENT
Delray Beach Tennis Center
650 Egret Cir
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,
Issued To:
I
I
I'
Delray Beach, FL 33444
Mailed To: Delray Beach Tennis Center
50 N.W. 1 Avenue
1'-
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,.
Delray Beach, FL 33444
Phone 561-355-3070
Fee
Issued
File No.
$200.00
- 06/15/06
1106
Expires 06/30/07
Audit Control No. P04134
Notice: This Permit Is valid as of the issue date and will expire at 12:00am.on the expiration dale. Failure to comply wilh all regulations
pertaining to this program could result in the Operating Permil being revoked and service terminated..
DISPLAY IN A CONSPICUOUS PLACE
PURPOSE:
Iail ROUTfNE c::J REfNSPECTION
c::J CONSTRUCT. c::J CHANGE OF OWNER
c::J COMPLAlNT c::J CONSULTATION
c::J QA SURVEY c::J EPIDEMIOLOGY
c::J OTHER
c::J 13. Pool Side.Shower c::J 24. Chlorine Siabili,zer c:;j ,)(i..Equip.,Rborh = 49. Other i/'. ;p'L.
NOT.E: It is uillawful to modify any public pool or its,equipmen.twithout firstllaving obtained appl'ovalfrom th~ depart~e'!t.
r COMMENTS AND Il:'ISTRUCTI()NS
. '. (continue on attached.sheet)
c::J I. Appearan~e/Algae Control
C:::J 2. Deck/Walkways
= 3. Tile/Pool Finish
4. Depth Markers
5. HandrailiLadder
6. Step Markings
7. Main Drain Grate
8.: Gutler Grates/Skimmer
c::J 9. Lighting
c::J io. No Dive Markings
c::J J1. Diving Board
t:::J 12. Pool Cover
ITEM
NUMBER
STATE OF FLORIDA '. ..,.:S.u --
DEPARTME:NT OF HEALTH
COUNTY HEALTH DEPARTMENT
PUBLIC POOL AND. BATHING PLACE
INSfECTION REPORT
'/1 )...
. tilE3 Satisfactory
o . Incomplete
t::JPool Closed
c::J Unsatisfactory
, Correct Violations by
= Next Inspection
'0 8:00AM on:
. . .
c::J 14. Life-Hook w/Po.le
c::J IS. Life Ring w/Rope
c::J 16. Safety Line/2" Marking
c::J 17. Rules Posted
c::J 18. Certification
SANITARY FACILITIES
c::J, 19. Supplies
c::J 20. Clean
c;;::l 25. Sp\l Reqllire!TIents
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EQUIP~~~TRPQM. ,.;' =. 3.8..G~sChlorineEquip.
d : 26. Wad~ng.P09I:9uici Dump.' t;=r.'39,W~st~ Water Disposal
'c::J i7.Wate~t.~vel/CdntrolC:::J: 40. I).E.~eparat~i:
C:::J 28: D;sinfectibn 'feeder q '41. Other Equii'!TIent
c::J 29. .pH F~eder : . t::::i .4LEquipnlen't Change .'
c::j 30: Cliem. Conta'iller Label' = ,'43.;Approved Chemicals
c::J 31. FilterPump . c::J44.MaintenanceI,og
c::J 32. V~cuum Cle.aliei c::J .45. in~p;~ti~ilPost~
. = 33. Flowmeter. .q ,4/i. EleWical ~quip,
..c::J 3.4. Therino~.eter t:::J 47. Fenci::s ;
c::J 35, P~essureNacuum Gauge' " C:J 48. Other
WATER QUALITY
c::J 21. Approved Test Kit
c::J . 22. Fr~e ChlorinelBromirie
d 23. pH
.1l~' 4;i+/~f
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HEALTH DEPARTMENT INSPECTOR'
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PHONE:
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L// - ~i ;....~.i '\j\....'.'r-:
COpy OF REPORT RECEIVED BY: :"'.. :!t.-+~",'-.h~..I. !
DH- Form 920, JUN 04 (ObSoletes Previous Ed:ti~ni)\\ . ~S0}~~J::~-'::'~STABLISHMENT/FACILITY
1/
!, j (,(to'
)'.0) V
DATE:
AGENDA ITEM NUMBER: ~, L
AGENDA REOUEST
Request to be placed on:
_ Consent Agenda _X_ Regular Agenda _ Workshop Agenda _ Special Agenda
VVhen:_()ctober3,2006
Description of agenda item (who, what, where, how much):
Consider approval of an Interlocal Agreement with Palm Beach County for reimbursement
of swimming lessons not to exceed $50.00. The County through its Drowning Prevention
Coalition's ("DPC") Learn to Swim Program, distributes vouchers to the public which may
be redeemed for swimming lessons at Pompey Park Pool and Delray Swim and Tennis.
City Attorney Revi ~ Recommendation (if applicable):
Department Head
Signature:
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No Initials:
Account Number
Description
Account Balance:
Funding Alternatives:
(if applicable)
City Manager Review:
Approved for Agenda: (fY/ N~ lniti.k~
Hold Untft 1~:2- ~ ~ .
Agenda Coordinator Review:
Received:
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER fJlJ\
SUBJECT: AGENDA ITEM # ~. ~- REGULAR MEETING OF OCTOBER 3. 2006
RATIFICATION TO THE PARKING MANAGEMENT ADVISORY
BOARD
DATE: SEPTEMBER 29, 2006
On September 18, 2006, the Planning & Zoning Board appointed Mr. Joe Pike as their
alternate representative on the Parking Management Advisory Board for a two (2) year
term ending August 31, 2008.
The Parking Management Advisory Board was established by Resolution No. 88-97 on
December 9, 1997. The purpose of the Board is to advise and provide recommendations
to the City Commission regarding parking management policy and related issues
including but not limited to, the planning, financing, development, construction and
operation of parking facilities within the boundaries of the Transportation Concurrency
Exception Area (TCEA), as well as, all public parking areas located along State Road
AlA within the corporate limits of the City.
A check for code violations and/or municipal liens was conducted. None were found.
Voter registration verification was completed and he is registered.
Recommend City Commission approve and ratify the reappointment of Mr. Joe Pike,
alternate representative of the Parking Management Advisory Board for a two (2) year
term ending August 31, 2008.
Page 1 of 1
Cobb, Venice
From: Valek, Denise
Sent: Tuesday, September 19, 200611:57 AM
To: Cobb, Venice
Venice,
Joe Pike was appointed as an alternate for the PMAB at the Planning and Zoning Board Meeting last
night.
1)~".t. 1/atd
Executive Assistant
Planning & Zoning Department
City of De/ray Beach
100 NW 1st Avenue
De/ray Beach, FL 33444
Phone: 561-243-7041
Fax: 561-243-7221
va/ek@ci.de/ray-beach.fI.us
9/22/2006
PARKING MANAGEMENT ADVISORY BOARD
09/06
TERM MEMBERS CATEGORY TELEPHONE
EXPIRES
08/31/07 Mark Krall P&Z Home: 330-0215
Appt 09/09/03 1405 S Federal Hwy #141 OffIce: 276-7424
Reappt 11/22/05
Ratified 12/13/05 Delray Beach, FL 33483 Fax: 278-6909
08/01/08 David Cook Chambers OffIce: 276-4194
Appt07/18/06 901 SW 33rd Place Home: 732-4193
Ratified 08/15/06 Boynton Beach, FL 33435 Fax: 276-4190
07/01/07 Thomas F. Carney, Jr. CRA OffIce: 330-8140
Appt 07/24/03 1219 Vista Del Mar Drive Home: 272-5010
Ratified 08/19/03 Delray Beach, FL 33483 Fax: 330-8233
Reappt 07/28/05
Ratified 09/06/05
09/30/06 Peter Perri WARC Home: 243-6360
Unexp Appt 05/10/06 65-H NE 4th Avenue Cell: 441-1175
Ratified 07/11/06 Delray Beach, FL 33483 Fax: 243-0043
08/01/08 Herman Stevens DDA OffIce: 278-1988
Unexp Appt 06/12/06 601 SW 7th Avenue Home: 272-7477
Ratified 07/11/06 Delray Beach, FL 33444
Reappt 07/20/06
Ratified 09/05/06
The representatives above are ratified by the City commission.
The representatives below are appointed by the City Commission.
01/31/08 Mark Denkler Adantic Avenue Corridor OffIce: 276-6570
Appt 02/21/06 320 NW 9th Street Between Swinton Avenue Home: 265-4745
Delray Beach, FL 33444 and the Intracoastal Fax:
01/31/08 Adantic Avenue Corridor
Unexp Appt Between Swinton Avenue
Vacant and Interstate 95
01/31/08 Jorge Ramos Adantic Avenue and State OffIce: 789-5668
Appt 01/06/04 34 South Ocean Blvd. Road AlA Corridors and Home: 338-0690
(resumed his term) Delray Beach, FL 33483 lying East of the Email:
Reappt 01/17/06
Intracoastal Waterway jorge@CaffeLunaRosa.com
01/31/08 Cecelia Boone Old School Square OffIce: 302-8978
Unexp Appt 03/21/06 220 NE 1 st Street Historic Arts District Home: 302-8978
Delray Beach, FL 33444 Fax: 278-6221
Email:
01/31/07 Melvin Sacharow Citizen-at-Large OffIce:
ApptOl/07/03 2560 Riviera Drive Home: 243-2857
Reappt 01/04/05 Delray Beach, FL 33445 Cell: 445-6863
Email:
melsacharow{@iuno.com
01/31/07 Troy Wheat Citizen-at-Large OffIce: 243-2219
Appt 01/06/04 Unexp Smith Barney Home: 737-1308
Reappt 01/04/05 55 NE 5th Avenue, Suite 400 Fax: 243-2250
Delray Beach, FL 33483 Email:
Troy.d.wheat@amithbarney.
com.
Contact: Scott Aronson - Parking Management Specialist 243-7286
Commission Liaison: Brenda Montague
09/06
TERM
EXPIRES
08/31/08
Appt 08/18/06
08/01/08
07/01/08
Appt 06/08/06
Ratified 07/11/06
09/30/06
Unexp Appt 06/14/06
Ratified 07/11/06
08/01/08
Appt 07/20/06
Ratified 08/15/06
PARKING MANAGEMENT ADVISORY BOARD
ALTERNATE MEMBERS
MEMBERS
Joe Pike
315 Lake Eden Way
Delray Beach, FL 33444
acant
Peter Arts
1746 Fern Forest Place
Delray Beach, FL 33445
eginald Cox
15 NW 2nd Street
elray Beach, FL 33444
ran Marincola
1138 Vista Del Mar Drive
elray Beach, FL 33483
CATEGORY
TELEPHONE
nice: 274-6500
Home: 243-0060
ell: 706-6360
ffice: 395-1433
orne: 637-3640
ell: 703-4770
395-4755
ffice: 265-1030
272-8805
573-1131
265-1131
ffice: 274-8898
274-4455
251-5885
274-6778
Contact: Scott Aronson - Parking Management Specialist 243-7286
Commission Liaison: Brenda Montague
FR0N EN~IR00ESIGN ASS0~IAI~S. IN~.
\WtL'jAU~ ~ Ll)l}~ U;Z~/~I. ~1:ZZ/I~~. ~~I~I)I.I~I.IIL t. ,
DEL RAY BEACH
. .. 0 . . D A
AI-AIw..tca CIty
, III I!
1993
2001
CITY OF ,ELRAY BEACH
BOARD MEMBER APPLICATION
REGE,\VED
~\)G (l? 2\\96
crf'l C\...E~~
*****
Please e or rint th~ followin information:
1. Last Name: Pike
Name Joseph
315 Lake Eden Way
3. Legal Residence: SAME
City
Delray Beach
City
State
Zip Code
33444
2. Home Address:
FL
State
Zip Code
561-243-0060
561-274-6500
City
Dekay Beach
E-Mail Address:
jpike@envdesign.com
State
Zip Code
33444
4. Principal Business Address:
298 Pineapple Grove Way
FL
5. Home Phone:
Business Phone:
Cell Phone:
Fax:
561-706-6360
561-274-8558
8/10/61
7. Are you a registered voter?
Yes
If so, where are you registered?
Dekay Beach
G. Date of Birth
8. Wbat Board(s) are you interested in serving? Please list .in order of preference:
Planning and Zoning
,9. List all City Boards on which you are currently serving or have previously served: (please .indude dates)
to.
Construction A eals?
B.S. - Civil Engineering
11. List any related professional certifications and licenses which you hold: :
Licensed Professional Civil Engineer, Licensed General Contractor, Real Estate Agent
12. Give your present, or most recent employer, and position:
EnviroDesi Associates, Inc. - Owner/President
13. Describe experiences, skills or knowledge which quality you to serve on this board: (please attach a brief resume)
SIGNA DATE
Note: application will remain on file in the City Clerk's Office for a period of 2 years from the date it was
bmitted. It will be the applicant's responsibility to ensure that a current application is on file.
;ENT BY: ENVIRODESIGN ASSOCIATES. INC.;
561 274 8558;
MAY-28-03 10:46AM;
PAGE 2/3
KEY PERSONNEL
Associates, Incorporated
JOSEPH A. PIKE, P.E., CFEA
Mr. Pike is president of EDA and has over fifteen years of experience in civil and
environmental engineering. His daily responsibilities include the management and completion
of individual engineering, permining, and environmental cleanup projects.
Mr. Pike is a Florida licensed Professional Engineer as well a~ a Certified Florida
Environmental Assessor. He has performed numerous Phase I and Phase IT Environmental
Site Assessments related to property transfers and refinancing. His Storage Tank related
experiences include supervising the removal and closure of many aboveground and
underground fuel storage tanks. For new or retrofit installations, he has designed a number of
underground storage tank. systems as well as secondary containment systems for large-scale
tank farms. His site investigation and remediation experience also includes; performing
ground water and soil investigations for the delineation of contaminated soils and ground
water, development and design of remediation programs for contaminated sites and
implementation of the remediation projects. Mr. Pike has been involved in the emergency
response efforts related to several aircraft accidents on both coasts of Florida.
Mr. Pike also has extensive experience in Site Planning and Civil Engineering. His past
a~mplish111ents include: Designing, permitting, and providing construction oversight for
parcels within large-scale planned unit developments. Lead pennining engineer on major
projects in Palm Beach County and Martin County. Designing and permining of County and
Stale lhoroughfare roadways.
He is well versed in dealing with a multitude of agencies on the Federal, State, and Loeallevels
for the permitting of wetland and other environmental concerns. He has successfully obtained
pennitting for a wide range of specialty projects including marina dredge-and-fill activities,
navigable canal construction. wetland avoidance, wetland mitigatio~ large-scale hydric soils
restoration, and installations watelward of the Coastal Construction Control Line. He has also
coordinated projects involving jurisdictional determinations between multiple agencies.
Mr. Pike has represented local governments and private clients in mediations related to
engineering defects and environmental issues. He has represented Palm Beach County Roadway
Acquisition Department in developing reasonable and fair land prices for eminent domain
proceedings.
Mr. Pik.e's Conn'llcting License and construction background provide a depth offield knowledge
not typically found in design individuals. This background is relied upon in his construction
observations and constru~"tjun administrative tasks and has proven invaluable in the past when timely
field decisions have been required to keep a construction project moving fOTWard.
298 Pineapple Crove Way · Delray Beach. Florida 33444
Phone (561) 274-6500 Fax (561) 274-8558
.tNT BY: tNVIRODESIGN ASSOCIATtS, INC.; 561 274 8558;
MAY-28-03 10:47AM;
PAGt 3/3
KEY PERSONNEL
Associates, Incorporated
RESUM:E OF JOSEPH A. PIKE, CONTINlIED:
BACKGROUND:
DS~ Civil Engineering, University of Florida, 1985
Professional Engineer, State of Florida #42696
Certified General Contractor, Florida Registration #CGC042072
Florida Certified Environmental Assessor
Registered Environmental Propelty Assessor
298 Pineapple Grove Way. Delray Beach, Florlda 33444
Phone (561) 274-6500 Fax (561) 274-8558
o/<
()71/}
[IT' DF DELIRY BER[H
DElRAY BEACH
f LOR I D ^
Dad
All-America City
, III I! TO
FROM: ~
100 r~w. 10>1 !\VEr~UE
DEL Hi',',' BEACH. FLOf<iDA 33444
561/243-7000
MEMORANDUM
David T. Harden
City Manager
1993
2001
Robert A. Barcinski
Assistant City Manager
DATE:
September 27,2006
SUBJECT:
Ai!enda Item City Commission Meetini! October 3. 2006 Ai!reement for Lobbvini!
Services
ACTION
City Commission is requested to approve an Agreement for Lobbying Services with Kathleen Daley and
Associates, Inc. from October 1, 2006 to September 30, 2007 in the amount of $48,000. Funding is
available in account number 001-1111-511-34.90.
BACKGROUND
Attached is a proposed Agreement for Lobbying Services with Kathleen Daley and Associates, Inc. The
amount of the agreement is the same as it has been the last several years. Services provided under this
contract include providing the City lobbying assistance and representation with the Governor and Cabinet,
local State Legislators, County Commissioners and Federal officials. The lobbyist attends legislative
committee meetings, regular legislative sessions, special sessions as needed, and other meetings as
required. She also interfaces with the Florida League of Cities assisting the City in coordinating its efforts
with the League. In addition, the lobbyist will provide monthly reports when the legislature is not in
session and every two weeks during the session. She will assist in developing the City's legislative
platform and assist in identifying funding sources for projects. She will also work together with the
Aleksander Group, Inc. on City funding and regulatory issues.
Ms. Daley has been the City lobbyist for 18 years. In the past, she has been instrumental in obtaining grant
funding for Old School Square; and ensuring that Beach Re-nourishment legislation and funding have
benefited the City. Ms. Daley has assisted in defeating legislation detrimental to the CRA and helped
rewrite state statutes affecting CRA's. She has drafted legislation to expand wastewater reuse options
without jeopardizing funding, assisted in obtaining grant funding for the Sandoway House, assisted the City
in working with FPL to get turtle lights on A-I-A, and worked with the Municipal League on issues
affecting cities.
We have found in the past that it is beneficial to have a lobbyist based in Tallahassee, especially when
committees and the legislature are in session.
RECOMMENDATION
Staff recommends approval of the Agreement for Lobbying Services with Kathleen Daley and Associates,
Inc. in the amount of $48,000 from October 1, 2006 to September 30, 2007. Funding is available in
account number 001-1111-511-34.90.
RAE/tas
File:u:sweeney/agenda
Doc:daley 06-07
~.\\)
@ P/lnted Oil Recyclec! Paper
THE EFFORT ALWAYS MATTERS
Kathleen E. Dalev & Associates
Governmental Consultants
110 South Monroe Street
Tallahassee, Florida
32301
AGREEMENT FOR LOBBYING SERVICES
As Government Affairs Consultant/Lobbyist for the City of Delray Beach, I, Kathleen Dal~y, an
equal partner of Kathleen Daley & Associates, Inc., a public relations/political
consulting/governmental affairs firm, will continue to represent the interest of the City before the
Governor and Cabinet, state agencies, and the Florida Legislature, which representation would
include attendance at all necessary House and Senate committee meetings during each calendar
year, necessary delegation meetings, as well as the regular session and any relevant special
sessions of the Florida Legislature, and continue to monitor all legislation affecting municipalities
on behalf of the City of Delray Beach.
As Governmental Affairs Consultant/Lobbyist for the City of Delray Beach, and managing partner
of the account, working in conjunction with the Delray Beach City Council, the Delray Beach City
Manager, and other such staff persons within the City Administration as they are related to my
duties on behalf of the City.
I will make myself available to the above mentioned persons and offices on both a regular and
"as needed" basis for the meetings and discussions related to my duties on behalf of the City.
In addition to all previous responsibilities Kathleen E. Daley & Associates will provide to the
Commission, through the City Manager's office a monthly report during those months when the
legislature is not in session. During the legislative session Kathleen E. Daley & Associates will
provide a report/update every two weeks. Kathleen E. Daley & Associates will have regular
conference calls throughout the session and as needed throughout the year.
Kathleen E. Daley & Associates will be provided with any documentation regarding the
Commission's master plan, long range plan and overall wish list. Kathleen E. Daley & Associates
will review said documents and identify possible funding sources, legislation and any action
required to assist in reaching the goals of the Commission.
Kathleen E. Daley & Associates, in coordination with the City Manager's office, will attend City
Commission workshops/meetings to discuss and create the City's official legislative platform at
the Commission's request.
In addition, if the Commission can see any reason why Kathleen E. Daley & Associates should
attend any other community meetings Kathleen E. Daley & Associates shall be notified
according Iy.
It is submitted that my services would be initially contracted for a period of one (1) year from
October 1, 2006 to October 1, 2007, to be reviewed for renewal by the Commission at the end of
said period.
Kathleen Daley & Associates, Inc. is willing to undertake the foregoing representation on the
following basis:
1. Kathleen Daley & Associates, Inc. will be paid a retainer in the total amount of $48,000 for the
contracted period due in twelve (12) equal monthly installments payable each month beginning in
October of 2006.
2. Any additional "special projecf' work which may be requested at any time by the City
Commission or the Office of the City Manager, and which falls outside of Kathleen E. Daley and
Associates, Inc's realm of duty as Governmental Affairs Consultant/Lobbyist for the City, will be
contracted for separately and on a special project basis.
3. Either the City of Delray Beach or Kathleen Daley & Associates, Inc. may terminate this
agreement at any time, pursuant to the following:
(i) If terminated by the City of Delray Beach at any time during the contracted period, for other
than good cause, Kathleen Daley & Associates, Inc. will retain the total amount of $48,000.
(ii) If terminated by the City of Delray Beach at any time during the contracted period, for good
cause, Kathleen Daley & Associates, Inc. will retain the prorated to date portion
of the total amount of $48,000.
(iii) If terminated by Kathleen Daley & Associates, Inc. at any time during the contracted period,
Kathleen Daley & Associates, Inc. will retain a prorated to date portion of the total amount of
$48,000.
4. This Agreement shall be executed as an original and three counterparts.
WITNESSES:
~~,5tuj, /0/ 6;()eb7.p
KATHLEEN E. DALEY J
DATE
ATTEST:
CllY Of DElRAY BEACH. flORIDA
CIlY ClERK
MAYORJEffPERUMAN
DATE
DATE
APPROVED AS TO fORM:
OlY ATTORNEY
SUSAN A. RUBY
DATE
AGENDA ITEM NUMBER:
~,N
AGENDA REQUEST
Request to be placed on:
Date:
X Regular Agenda _ Special Agenda _ Workshop Agenda
When:
October 3, 2006
Description of agenda item:
City Commission is requested to approve an Aqreement for Lobbyinq Services with Kathleen
Daley and Associates. Inc. from October 1. 2006 to September 30. 2007 in the amount of
$48,000. Fundinq is available in account number 001-1111-511-34.90.
ORDINANCE/RESOLUTION REQUIRED:
Draft Attached:
YES
YES
NO
NO
Recommendation: Approval
P~.y'~
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: rY~s) tt:l No
\.,~e
Funding alternatives:
tv I --/1/ I-t;;/. 3 C( -I U
Account Description: {)HuJl ~ftvtfrQ ~ S&1// U. S
Account Balance: $/6-~()(V fJ~~q ;6r LJ/P /J7
(if applicable)
Account Number:
City Manager Review:
Approved for agenda@ ~ No
Hold Until: ~ .2 ~ {if. ~~ .
Agenda Coordinator Review: rJ
Received:
Action:
Approved
Disapproved
P.O. #
o/<
r01
[ITY DF DELRAY BEA[H
DELRAY BEACH
100 N IN 1 st AVENUE
OELr~AY [3EM~H. FL.ORiDA 33444
561/243- lOOO
IaI.8d
AII.America City
, IIII!TO:
MEMORANDUM
1~~~ FROM:
David T. Harden, City Manager
~Robert A. Barcinski, Assistant City Manager
DATE: September 26, 2006
SUBJECT: AGENDA ITEM CITY COMMISSION MEETING
OCTOBER 3, 2006 APPROVAL SPECIAL EVENT REQUEST -
HALLOWEEN PARADE
ACTION
City Commission is requested to approve the Annual Halloween Parade sponsored by the
Noontime Kiwanis Club to be held on October 28, 2006 from 1 :30 p.m. until
approximately 2: 15 p.m. Commission is also requested to approve a temporary use
permit per LDR's Section 2.4.6 (F) for the rolling closure of Atlantic Avenue from N.E.
1 st Avenue to Veteran's Park and provide staff support for traffic control and security.
BACK.6ROUND
Attached is a letter and event permit for this event received from Mr. Vince Canning as
well as an event budget and site plan.
Participants will assemble at Old School Square and proceed to Veteran's Park. A rolling
street closure will be provided by our Police staff as has been done in the past. Estimated
staff costs for the event are $1,300. Per event policies and procedures the payment to the
City will be $120.
RECOMMENDATION
Staff recommends approval of the event temporary use permit and staff assistance as
requested and conditional on the receipt of a hold harmless agreement.
RAB/tas
File: u: sweeney/events
Doc: Agenda Halloween Parade 2006
'b.CJ
@ Pnnled on Recycled Paper
THE EFFORT ALWAYS MATTERS
City of Delray Beach
Special Event Permit
Application
DElRAY BEACH
~
1iii!
1993
2001
Event Approved/Denied
Approved/Denied by
PLEASE PRINT
Date of Approval/Denial
Title
1.
2.
3.
4.
5.
6.
7.
8.
9.
Event NamelTitle: K, iN AWlS
Event Date(s):
0..-,; ~8>, r;XDCb
fI Pt LL6 v../ E eN PA 'R It DE
- Event Time(s):
1::30 P1\1, /(') d,:'S PM,
10.
Event Sponsor/Producer: I
Event Contact/Coordinator: I NC, G' Ct='J N N J . /"I a...
Address: //)1 </ tV A S S~U S-r.
Telephone Number: r:l7b- 65.37 Cellular Number:
E-mail Address:
Event Description: cl..hL Df?EN (n,r-rANrs .- f)Nc/ G;RI7DE)
I~ H[)Z;WEeV COgT~~ f:l-~ :';;/~^:sTlr.~
fRoJl,( ___ ScHool C(IJ~F _ J:!r_'A---,._ 'P~'_
(If neighborhood block party, then please skip questions #10-35 and go to
question #36)
Sponsor Category: (please check)
Co- Sponsor - Non-Profit/Private 0
(If Non-profit attach proof of 501c(3), c(4), c(6), c(10) or c(19))
Event Location/Address: .5.17. Ce>/?N elt OLD.s c..rlocL SCfv17l<&
~ A-rLAA/ rlr~ AI/E '1b IJE7P'KAN5 9AA='K' DNATLANTiC.
A.v'F ,/
Site plan attached: yes ./
(Site plan required for entire event site) /
Event budget attached: yes
(Required for all events)
Serving or selling alcoholic beverages: yes no V
(If yes, copy of license and alcohol liability insurance required two (2) weeks prior
to event) - /
Event certificate of insurance attached: yes V no
(Required two (2) weeks prior to event naming the City as additional insured, also
required for vendors)
Playing of amplified music:
(Waiver required)
Requesting Police assistance:
(Traffic control/security)
~S
City 0 Non-Profit/Charitable 0 Private ff
no
12.
no
13.
14.
15.
16.
t/
yes
no
./
no
yes
1
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
yes
no
/
Will supplement with private security:
(If yes, need plan attached)
Requesting Emergency Medical assistance: yes
Requesting barricade assistance : yes
Requesting trash removal/clean up assistance: yes
Requesting trash boxes and liners: yes
Requesting stage use: yes
(If yes, check type)
Large stage covered 0 Large stage no cover 0 Small stage 0 Half small
stage 0
Requesting signage : yes
Type: Event sign (4'x4') Directional signs
Banner hanging Indicate dates required
(Waiver required if more than one (1) week prior to event)
Food and beverage vendors: yes no
If yes, please provide the approximate number, as well as the name,
address, and contact phone number of each vendor which is due no later
than one week prior to the event
no
no
no
no
no
V
,y/
v:
v/
t/
no -/
v'"
Health Department approval: (see attached) yes no /'
Other vendors: yes no v" /
Tents: yes no'/
(If yes, tent permits and fire inspections maybe needed)
Will the event include amusement rides? requiring state approval?
yes no ,/
(If yes, type and location and copy of liability insurance required)(Also,
please provide the name, address and contact phone number for each
amusement provider along with copies of their liability insurance)
29.
J
no t/
32.
Will the event be gated?
(Show on-site map)
Will there be fireworks or other pyrotechnics? yes
(If yes, contact Fire Marshall)
Will there be cooking with compressed gas? yes
(If yes, contact Fire Marshall)
Will you be providing port-a-Iets for the event? yes no ./
(If yes, locate on-site map. If no, indicate how you will handle restroom
needs)
Will there be a charge for the event?
(If yes, indicate ticket prices)
Is reserved parking requested?
(If yes, indicate locations)
yes
30.
no /
/
31.
no
33.
/
/
yes
no
34.
no
yes
2
35. Nei hborhood Block Parties Nei hborhood block arties anI
. Is event sponsored by the Homeowner's Association? yes_ no_
(If not, then individual(s) submitting permit application must also submit a
petition signed by 51% of the homeowners who live on the block)
. Please note the following:1) Approvals will only be given for a one (1)
block area 2) Permit applications must be received in writing by the City
Manager's Office at least thirty (30) days prior to the event.3)
Consumption or sale of alcohol on City rights-of-way will not be
permitted.4) Structures other than barricades are not allowed in City
rights-of-way.5) Homeowners Association will be required to pay all
overtime costs that may be incurred as a result of City staff involved in the
event.
9-~S-C>b
Date
Please enclose the appropriate non-refundable application fee payable to the City of
Delray Beach, 100 N.W. 1st Avenue, Delray Beach, Florida 33444.
For Staff Use Only
Date Received q
Site map V--
Budget ~ ~
Certificate of insurance V"
Hold Harmless agreement
Security plan
Waiver alcoholic beverage
Railroad approval
Coast Guard approval
501c(3) or (d) certificate or letter
Health Department approval
Fire Inspector approval
Police Department approval
Public Works approval
Parks and Recreation approval
City Commission approval
Application fee received $
3
r
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September 20, 2006
Robert Barcinski, Asst. City Manager
100 N. W. 1st Ave.
Delray Beach, FL 33444
Re: Halloween Parade
Dear Bob:
fhe Noontime Kiwanis Club will conduct the 58th year of the Halloween
Parade on Saturday. October 28,2006. We would like to assemble the children
on the S.E. comer of Old School Square. The parade will begin at 1 :30 p.m.,
moving from Old School Square to Veteran's Park using Atlantic Avenue. The
parade will join up with "Kids Day" at the Park. I have cleared the arrangements
with Danielle Gallo and Peggy Murphy.
Sincerely,
b~
Vince Canning, Chairman
r"
./~
,.
~
.
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,
-
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.
From: Jenny Merica At: Hylant Group FaxlD: Hylant Group To: Bob Brazinski
Date: 9/27/2006 10:21 AM Page: 2of3
A CORD_ CERTIFICA TE OF LIABILITY INSURANCE OP 10 5~ DATE (MM/DDNYYY)
KIWAN03 09/27/06
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Hylant of Indianapolis, LLC HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
501 Congressional Blvd ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Indianapolis :IN 46032
Phone: 800-678-0361 Fax: 317-817-5151 INSURERS AFFORDING COVERAGE NAIC#
INSURED K~wan~s :Internat~onal INSURER A Colony Insurance Company 39993
~l Clubs and Their Members
Insured Local Club: INSURER B
D7lr~ Beach N90n INSURER c:
C 0 ~nce Cann~nq
1019 Nassau street INSURER D
Delray Beach FL 33489
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR NSRC TYPE OF INSURANCE POLICY NUMBER DATE (MMIDDNY) DATE (MM/DDIYY) LIMITS
GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000
f--
A X X COMMERCIAL GENERAL LIABILITY ARS5360017 11/01/05 11/01/06 PREMISES (E';,c~~'c~~ence) $ 100,000
I CLAIMS MADE ~ OCCUR MED EXP (Anyone person) $
~ Agq Per District PERSONAL & I'DV INJURY $ 2,000,000
GENERAL AGGREGATE $ 2,000,000
f--
GENt AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $ 2,000,000
I POLICY n j~& n LOC
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
- $ 1,000,000
ANY AUTO (Ea accrdent)
-
ALL OWNED AUTOS BODILY INJURY
- $
SCHEDULED AUTOS (Per person)
-
A X HIRED AUTOS ARS5360017 11/01/05 11/01/06 BODIL Y INJURY
- $
A ~ NON-OWNED AUTOS (Per accident)
A X $3,000,000 Agq PROPERTY DAMAGE
(Per accident) $
GARAGE LIABILITY AUTO ONL Y - EA ACCIDENT $
~ ANY AUTO OTHER 1HAN EAACC $
AUTO ONL Y AGG $
EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $
:=J OCCUR D CLAIMS MADE AGGREGATE $
$
~ DEDUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION AND IT~\t:CIIT't I IU~~-
EMPLOYERS' LIABILITY $
ANY PROPRIETORIPARTNERIEXECUTIVE EL EACH ACCIDENT
OFFICERIMEMBER EXCLUDED? EL DISEASE - EA EMPLOYEE $
If yes, describe under EL DISEASE - POLICY LIMIT $
SPECIAL PROVISIONS below
OTHER
A Self Insured ARS5360017 11/01/05 11/01/06 All Claim $100,000
Retention
OESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS AODED BY ENDORSEMENT / SPECIAL PROVISIONS
Self Insured Retention is paid by Kiwanis :International Headquarters.
Certificate Holder is named as Additional Insured as respects to General
Liability regarding the following Kiwanis event: Halloween Parade on October
28, 2006 in Downtown Delray Beach
CERTIFICATE HOLDER
CANCELLATION
ALLCERT SHOULO ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
-
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
City of Delray Beach IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
100 NW 1st Avenue
Delray Beach FL 33444 REPRESENTATIVES.
A~R~R ~r;;1E~YmVu..c.D...-
ACORD 25 (2001/08)
@ACORD CORPORATION 1988
From: Jenny Merica At: Hylant Group FaxID: Hylant Group To: Bob Brazinski
Date: 912712006 10:21 AM Page: 30f3
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001/08)
o~
~
[ITY DF DElRRY BER[H
DELRAY BEACH
100 N.W. 1st AVE~jUE
DELH,1.i [lEACH FIJ)fiIDA 33444
561/243.7000
tI.8I:II
All-America City
, 11I1!m
FROM:
MEMORANDUM
1993
2001
David T. Harden, City Manager
~ert A. Barcinski, Assistant City Manager
DATE:
September 26, 2006
SUBJECT:
AGENDA ITEM REGULAR CITY COMMISSION MEETING
OCTOBER S, 2006 SPECIAL EVENT REQUEST - 7TH ANNUAL DELRA Y
BEACH THANKSGIVING WEEKEND ART FESTIVAL
ACTION
City Commission is requested to endorse the 7th Annual Delray Beach Thanksgiving Art
Festival to be held on November 25th - 26th, 2006 from 10:00 a.m. until 5:00 p.m., to grant a
temporary use permit per LDR Section 2.4.6(F) for the use ofNE 2nd Avenue from the alley just
north of Atlantic A venue to approximately 200' north of NE srd Street, to utilize City Hall
parking lot for vendor parking and to authorize staff support for traffic control, security,
barricading and event signage.
BACKGROUND
Attached is a request and permit from Howard Alan Events, Ltd. for this event. Part of the
proceeds will be shared with the Downtown Marketing Cooperative. The City is requested to
provide police traffic control and security for this event. In addition City staff will install and
remove barricades and a Fire Inspector will be required. The event sponsor will provide vendor
approval, event management, site clean up, and port-o-lets. We will work with sponsor to try
to reduce City costs through the use of private security for night time shifts. The estimated cost
for overtime is $9,800. The budget for this event, certificate of insurance, and site plan are
attached. Sign age per LDR's Section 4.6.7(D)(S)U)(i) can be installed 10 days prior to the event
and must be under 20 square feet. Per event policies and procedures the event sponsor will pay
all City costs.
RECOMMENDATION
Staff recommends endorsement of the event, approval of the temporary use permit for street
closure and use of City Hall parking lot and approval of staff support for police traffic control
and security, barricading and Fire Inspector with the sponsor paying all overtime costs.
RAB/ tas
cc: Lt. Jeff Goldman
Lt. Jim Tabeek
Harold Bellinger
File: U:SWEENEY IEVENTS
Doc:Howard Alan Thanksgiving 2006
'l.\)
@ Pnnled 011 Recycled paper
THE EFFORT ALWAYS M.tHTERS
City of Del ray Beach
Special Event Permit
Application
DELRAY BEACH
~
AII-AmerIC8C,
'~IIt.
PLEASE PRINT
.
Event Nameffitle: 7 ~ ~ ~ ~r~~ T~
~~~I.
Event Date(s): "N ~k./ .:::L~ .)- ~ "'2..bO G
EvenITime(S):S~2 {O~ -~~
EvenlSponsorlProducer: ~ oJ(.".~.. ~ rV{o-J~ c..r~
Event Contact/Coordinator: ...\-hr,.J ~ Mo..--- ~s..- .
1993
2001
Name: ~ ~b~~
Address: q b'1:or \r-L . ~ . ~ ~3 ~
Telephone Number~ 't'1"L 37 S-s Cellular Number: 4 s-rr C~l ~3 ~
E-mail Address: ~~ ~-n..vcl. ~~
Event Description/Purpose:
~~~
~
~.cQ
Sponsor Category (please check) City 0 Non-Profit/Charitable 0 Private 0
Co-Sponsor - Non-Profit/Private 0
(If Non-profit attach proof of 501c(3) or (d))
Event Location (Describe area boundaries of event/location):
Site plan attached
(Site plan required for entire event site)
no
Event budget attached
(Required for all events)
yes
v
no
Serving or selling alcoholic beverages yes no V
(If yes, copy of license and a/coholliability insurance required two (2) weeks prior
to event) .
1
Event certificate of insurance attached yes t/ no
(Required two (2) weeks prior to event naming the City as additional insured, also
required for vendors)
Playing of amplified music
(Waiver required)
yes
no
v
Requesting Police assistance
(traffic control/secu rity)
Will supplement with private security yes no /
(If yes, need plan attached) f=.", rVL:!,.. f>1U'<:6;Y ~
Requesting Emergency Medical assistance yes ;<. ~ no ;X\ /lID
yes /
yes /
no
Requesting barricade assistance
no
Requesting trash removal/clean up assistance yes
no
~
/'
~
Requesting trash boxes and liners
yes
no
Requesting stage use
(If yes, check type)
Large stage covered 0 Large stage no cover 0 Small stage 0
Half small stage 0 , J (J
).,?~f A /II:",~ ~
Requesting signage / yes no -/
Type: Event sign V Directional signs V el,=> a.AJ'~ e..:...c\~
Banner hanging Indicate dates required .
(Waiver required if more than one (1) week prior to event)
yes
no
Food and beverage vendors
If yes, approximate number
Health Department approval
yes
v
q'
no
yes
~
no~~
no V
Other vendors yes
Tents yes-r
(If yes, tent permits and fire inspections maybe needed)
no
Will the event include amusement rides yes no
(If yes, type and location and copy of liability insurance required)
/
Will the event be gated
(Show on-site map)
yes
no
/
2
v
Will there be fireworks or other pyrotechnics yes
(If yes, contact Fire Marshall)
no
Will there be cooking with compressed gas
(If yes, contact Fire Marshall)
yes
no
J
Will you be providing port-a-Iets for the event yes V no
(If yes, locate on-site map. If no, indicate how you will handle restroom
needs)
Will there be a charge for the event
(If yes, indicate ticket prices)
./
yes
no
Is reserved parking requested
(If , In te locations)
yes
no
~
~ oordinator
Please enclose the appropriate non-refundable application fee payable to the
City of Delray Beach, 100 N.W. 1st Avenue, Delray Beach, Florida 33444.
For Staff Use Onl
Date Receive
Application fee received ~
Site map ~
Budget ~ __
Certificate of insurance V'
Hold Harmless agreement "..,.---
Security plan I
Waiver alcoholic beverage IJ III-
Railroad approval I---
Coast Guard approval I) /~
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
Howard Alan' Events
7th Annual Downton Delray Thanksgiving Weekend Art Festival
November 25 & 26, 2006
PROPOSED BUDGET FOR November 2006
INCOME:
Artist Revenue $64,125
Food Vendor Revenue $3,900
Total Revenue $68,025
EXPENSES:
Advertising :
Boca Raton News Expense $708.50
Pal m Beach Post Expense $2,543.57
South Florida Newspaper Expense $715.00
Sun Sentinel Expense $8,274.90
WPEC CHANNEL 12 Expense $7,500.00
Sun Sentinel Charities Ad Prooram Expense $2,500.00
Advertising SubTotal $22,241.97
Services :
Perm it Palm Beach County Health Expense $25.00
Signage AA Sion Lines Expense $942.72
Sanitation Able Sanitation-portolets Expense $671.00
Sanitation - 230 yd dumpsters Southern Waste Syst. - dumpster Expense $950.00
Sanitation Pro Fest Expense $2,100.00
Barricades Bob's Barricades Expense $515.00
City of Delray, OfT barricade set up City Of Delray Beach Expense $325.00
Securitv City Of Delray Beach Expense $3,983.00
Rentals Pro Fest Expense $1,400.00
Graphics for advertising Expense Expense $125.00
Payroll Staff Expense $1,200.00
Rental Property Delrav Joint Venture Expense $15,000.00
Lodoinos and meals, travel Expense $650.00
Media Related Expenses Expense $1,208.00
Two Million Dollar liability ins policy Expense $425.00
Administrative Overhead telephone, mailinos,etc Expense $1,100.00
Entertainment $3,000.00
Misc. expense $900.00
Service SubTotal $34,519.72
,,"""";"""'>l'^\o'flr ",._.~.~.,
Total Expenses $56,761.69
Show Profit $11,263.31
~It=-
August 31, 2006
Mr. Robert Barcinski
Assistant City Manager
City of Delray
100 NW 1st Avenue
Delray Beach, FL 33444
Dear Mr. Barcinski:
We are planning for the 7th Annual Downtown Delray Thanksgiving Weekend Art Festival, to be
held November 25th and 26th 2006 from 1&1 Alleyway to North of Atlantic in Pineapple Grove.
Please be advised that the following logistics for the 7th Annual Downtown Delray Thanksgiving
Weekend Art Festival will be arranged:
Clearance: A 14' clearance for emergency traffic will be provided through out the entire show area.
Any awning that inhibits the 14' clearance will be eliminated.
Street Closure: Bob's Barricades will drop off barricades on Friday, November 24th, 2006, and our
employees will set them up early Saturday morning.
Pollee: The Delray Police Department will arrange for Police and Security from 10:00 am - 5:00 pm
on Saturday and Sunday, and overnight security on Saturday from 6:00 pm - 6:00 am.
Port-Owlets: 6 regular and 1 handicap porto lets will be ordered through Able Sanitation and will be
dropped off on Friday, November 24, 2006 and will be picked up on Monday, November 27. 2006,
with servicing on Sunday, November 26. 2006. Locations are as follows: Three on the NW corner of
Pineapple Grove and NE 1 ~t Street and three on the NW corner of Pineapple Grove and 3m Street.
Dumpster: Two 3D-yard rolloff dumpsters are ordered from Waste Management. They will be
dropped off on Friday and picked up on Monday as well. They will be dropped off by NE 3rd St. on
the shoulder, south side of NE 3tC Street.
Trash Receptacles: Trash receptacles will be supplied and maintained by our professional clean.
up crew, Profest (Mitch). They will handle clean up of the trash throughout the area each day.
Vendor Parking: RV's and large rig vehicles will park in the municipal parking lots just west of the
Intracoastal Waterway. Cars and vans will park at City Hall Parking.
Insurance: City required certificates will be issued.
As always, we greatly appreciate your great help and time that you put into these events. If you
have any questions. please feel free to call me at (954) 472-3755 ext 10.
Z;12I 3Sitld
NtI"ltl G:=ltlMOH
168EUt>t>96
lE:9121 91211216/6121/6121
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CERTIFICATE OF INSURANCE ISSUE DATE (MMlDDIYY)
1263352 6/22/06
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY
K & K Insurance Group, Inc. AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
1712 Magnavox Way CERTIFICATE OOES NOT AMEND, EXTEND OR ALTER THE
P.O. Box 2338 COVERAGE AFFORDED BY THE POLICIES BELOW.
Fort Wayne, In 46801
COMPANIES AFFORDING COVERAGE
INSURED COMPANY A
LETTER GREAT AMERICAN ASSURANCE COMPA
HOWARD ALAN EVENTS LTD (SEE GAI3001)
9695 W. BROWARD BLVD. COMPANY B
PLANTATION, FL 33324 LETTER
COMPANY C
LETTER
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY
PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO
WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO
ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
NC=NOT COVERED
CO. TYPE OF INSURANCE POLICY EFFECTIVE POLICY EXPIRATION
LTR POLICY NUMBER DATE (MMIDDIYY) DATE (foIfNDD/'fY) LIMITS (in thousands)
General Liability 12:01AM 12:01AM General Aggregate $ NONE
A iii Commercial General Liability PAC0788942204 3/05/06 3/05/07 Products-ComplOps Aggregate $ 5000
o Claims Made IKJOccur. Personal & Advertising Injury $ 1000
DOWner's & contractors Proto Each Occurrence $ 1000
0 Fire Damage (Anyone fire) $ 300
Medical Expense (Any one person) $ C;
Participant legal Liability $ T\T("
Automobile Liability 12: o lAM 12:01AM Combined
A o Any auto PAC0788942204 3/05/06 3/05/07 Single $ 1000
Limit
B All owned autos Bodily
Scheduled autos Injury $
I (oor oerson)
IX] Hired autos Bodily
Ii] Non-owned autos Injury $
I (ner accident)
o Garage Liability Property
0 Damage $
Ii] Excess Liability 12:01AM 12:01AM Each Aggregate
A STRAIGHT EXS EXC0788942304 3/05/06 3/05/07 Occurrence
/iJ Other than Umbrella form $ 1000 $ 1000
Workers' Compensation Statutory
and $ Each Accident
Employers' Liability $ Disease-Policy limit
$ Disease-Each Employee
AD&D $
Participant Primary Medical $
Accident Excess Medical $
Weekly Indemnitv $ X
DESCRIPTION OF OPERATIONS/lOCATIONSNEHIClESIRESTRICTIONS/SPEClAl ITEMS
THE CERTIFICATE HOLDER IS LISTED AS AN ADDITIONAL INSURED BUT ONLY WITH
RESPECT TO LIABILITY ARISING OUT OF THE ACTIVITIES OR OPERATIONS OF THE N~D
INSURED.RE: 7TH ANNUAL DOWNTOWN DELRAY BEACH THANKSGIVING ART FEST 11/25-26 06
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE
CITY OF DELRAY CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE
100 NW 1ST AVENUE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS
DELRAY BEACH, FL 33444 WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO
THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE
CG2024 NO OBliGATION OR LIABILITY OF ANY Klj UPON THE
COMPANY, ITS AGENTS OR REP~TATlV71 /I
AUTHORIZED REPRESEwrATI~. K ~ '1/ VI
.-.~ 'I 'J
SLa9 /' cJ~) 1-92
AMB
DA
t1N
i
[ITY DF DELRAY BEA[H
DELRAY BEACH
F LOR I () ^
lI.8Ir.i
AII.America City
, IIIETO:
1993 FROM:
10C) ~J.W 1st AVENUE
DE:LHA{ [3t:!-\Cl-i FLOHI[)i~ 33444
561/243--(000
MEMORANDUM
David T. Harden, City Manager
~obert A. Barcinski, Assistant City Manager
I
2001
DATE: September 26, 2006
SUBJECT: AGENDA ITEM CITY COMMISSION MEETING
OCTOBER 3, 2006 SPECIAL EVENT REQUEST-TURKEY TROT
ACTION
City Commission is requested to endorse the 20h Annual Turkey Trot sponsored by the
Parks and Recreation Department to be held on November 18th from 5:00 a.m. to
approximately 9:00 a.m. Commission is also requested to grant a temporary use permit
per LDR's section 2.4.6(F) for the closure and use of A-I-A from Casurina to George
Bush Boulevard from 5 :00 a.m. to approximately 10:00 a.m., and to authorize staff
support for traffic control, barricading and clean up, use of small stage and waiver of
parking meter fees for Sandoway, Ingraham and Anchor Park as well as along Atlantic
Avenue from Venetian to A-I-A from 8:00 a.m. until approximately 10:00 a.m.
BACK6ROUND
Attached is a permit request received from Danielle Beardsley, Marketing Coordinator,
for this event along with an event map, budget and other information. The event
proceeds will benefit the Keith Straghn Feed the Hungry Thanksgiving Drive. The
estimated overtime cost for this event is $2,950, stage rental $265.00 and barricade rental
$110.00. Per event policies and procedures, since this is a City sponsored event, there
will be no charges for staff overtime or rental costs. The City is self insured.
RECOMMENDATION
Staff recommends approval of the event, the temporary use permit, request for staff
assistance, and waiver of the parking meter fees from 8:00 a.m. until 10:00 a.m. for
Sandoway Park, Ingraham Park, Anchor Park, and along Atlantic Avenue from Venetian
to A-I-A.
RAB/tas
File:u:sweeney/events
Doc: Agenda Turkey Trot 2006
~.~
@ Printed on Recycled Paper
THE EFFORT ALWAYS MATTERS
City of Delray Beach
Special Event Permit ..
Application
DB.IAY lEACH
1--'-1\.I='.''.~
II ~'~'aif
,c,~ ;'~ I" \' IIII
,,' , ,.' .
Event Approved/Denied
Approved/Denied by
PLEASE PRINT
Date of Approval/Denial
Title
1993
2001
1.
2.
Event Namerritle:
Event Date(s):
}.JO V leI JJrx::x,
r
Event Time(s):
/5:0D-AH - q:(){) ~1-1
Event Sponsor/Producer:-UelrClY 8PQC)1 -pQ.(~s f1 ~,rt.a}jo-f\
Event Contact/Coordinator: (1
Address: -5 tV ~f V' lJ
~~~~i~~~~~~;bb~Jt~E~~'~~~~07g
Event Description: __~!-~I ~ R l)Q. - ~-J_
jlei.rh S~Oll Adati fJf'\
(If neighborhood block party, then please skip questions #10-35 and go to
question #36)
Sponsor Category: (please check) City Pi Non-Profit/Charitable D Private D
Co- Sponsor - Non-Profit/Private D
(If Non-profit attach proof of 501c(3), c(4), c(6), c(10) or c(19)) f\^
Event Location/Address: 8nflJ}{)( porK I 3Lfn ~OIJ+.h ~Dn ~.
3.
4.
5.
6.
7.
8.
9.
10.
Site plan attached:
(Site plan required for entire event site)
Event budget attached:
(Required for all events)
Serving or selling alcoholic beverages: yes no X
(If yes, copy of license and alcohol liability insurance required two (2) weeks prior
to event) ,
Event certificate of insurance attached: yes no v.. will fotlolV
(Required two (2) weeks prior to event naming the City as additional insured, also
required for vendors)
Playing of amplified music:
(Waiver required)
Requesting Police assistance:
(Traffic control/security)
12.
13.
14.
15.
16.
yes X
yes_ X'
no
"J(!J ,
no i~I/w.J
yes
no X
yes X
L See Qff-ached)
no
1
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
no
x
X ,..,rrt 4.t.-l~
Will supplement with private security: yes
(If yes, need plan attached) //f).Js!P
Requesting Emergency Medical assistance: yes .,()< ,
Requesting barricade assistance : yes X
Requesting trash removal/clean up assistance: yes )(
Requesting trash boxes and liners: yes if..
Requesting stage use: yes )(
.
(If yes, check type)
Large stage covered 0 Large stage no cover 0 Small stage 0 Half small
stage"
Requesting signage : yes ?( no
Type: Event sign (4'x4') Directional sign~f t~N3
Banner hanging Indicate dates re~o~.
(Waiver required if more than one (1) week prior to event)
Food and beverage vendors: yes no )(
If yes, please provide the approximate number, as well as the name,
address, and contact phone number of each vendor which is due no later
than one week prior to the event
no
no
no
no
no
no )(
no
no
Health Department approval: (see attached) yes
Other vendors: yes X'
Tents: yes X
(If yes, tent permits and fire inspections maybe needed)
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)
yes
noX
Will the event be gated?
(Show on-site map)
Will there be fireworks or other pyrotechnics? yes
(If yes, contact Fire Marshall)
Will there be cooking with compressed gas? yes
(If yes, contact Fire Marshall)
Will you be providing port-a-Iets for the event? yes no X
(If yes, locate on-site map. If no, indicate how you will handle restroom
needs)
Will there be a charge for the event?
(If yes, indicate ticket prices)
Is reserved parking requested?
(If yes, indicate locations)
no X
no )(
yes )( no
11 '\~81 feBistrah01l ~
yes no-X-
2
35. Nei hborhood Block Parties Nei hborhood block arties anI
. Is event sponsored by the Homeowner's Association? yes_ no
(If not, then individual(s) submitting permit application must also submit a
petition signed by 51% of the homeowners who live on the block)
. Please note the following: 1 ) Approvals will only be given for a one (1)
block area 2) Permit applications must be received in writing by the City
Manager's Office at least thirty (30) days prior to the event. 3)
Consumption or sale of alcohol on City rights-of-way will not be
permitted.4) Structures other than barricades are not allowed in City
rights-of-way. 5) Homeowners Association will be required to pay all
overtime costs that may be incurred as a result of City staff involved in the
event. -10 lYl
wt. A "., c;:.p
em M/~/"r
/I-.J"II Ii tI~- .
Please enclose the appropriate non-refundable application fee payable to the City of
Delray Beach, 100 N.W. 1st Avenue, Delray Beach, Florida 33444.
For Staff Use O,D}y D
Date Received ~'f - f) - to Application fee received $
Site map ~
Budget - V
Certificate of insurance A-J f..tt--
Hold Harmless agreement _
Security plan
Waiver alcoholic beverage
Railroad approval
Coast Guard approval r:--
501c(3) or (d) certificate or letter U 17\-
Health Department approval
Fire Inspector approval
Police Department approval
Public Works approval
Parks and Recreation approval
City Commission approval
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20th Annual Turkey Trot
November 18th, 2006
7rop~d.
Beginning Balance
Revenues
.~~~9: .I?_~p~~~t~ __.. _ _ _ _ __ _ __ _ _ _ _ _ _ __. _ _ _ _. _ _ _. _ _ __ _ _~~,.q9~.g9.
Total Revenues
Expenses
Trophies $690.00
"i-siiirts -- -- -- -- -- --... -- - --- -. -- -- -- --. -- -- ---.. -- $1,400.00
~ $"p'[iC$~~~~~~ fi~J~~ ~ ~ ~ ~~ ~ ~~ ~ ~ ~ ~ ~ ~ ~~ ~ ~~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~_. ~~,_19~._q9_
-------..-.------.-.-.----------------------------.-.--------------
Total Expenses
End Balance
-$2,517.00
$5,000.00
$4,190.00
($1,707.00)
MEMORANDUM
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # <6, - REGULAR MEETING OF OCTOBER 3 2006
REPORT OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
TO:
FROM:
DATE:
SEPTEMBER 29, 2006
Attached is the Report of Appealable Land Use Items for the period September 18, 2006 through
September 29, 2006. It informs the Commission of the various land use actions taken by the designated
boards that may be appealed by the City Commission.
Recommend review of the appealable actions for the period stated. Receive and file the report as
appropriate.
S:\City Clerk\agenda memos\apagmemo 100306
FROM:
DAVID T. HARDEN, CITY MANAGER
PAUL DORLlNG, DIRECTOR OF PLANNING AND ZONING~ ~
JASMIN ALLEN, PLANNER l~~ ~
MEETING OF OCTOBER 3, ~~~*CONSENT AGENDA *
REPORT OF APPEALABLE LAND USE ITEMS SEPTEMBER 18, 2006 THRU
SEPTEMBER 29, 2006
1f-~ .
TO:
THRU:
SUBJECT:
The action requested of the City Commission is review of appealable actions which were made by
various Boards during the period of September 18, 2006 through September 29, 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 Planning and Zoning Board will be forwarded to the City Commission for
action:
· Recommended approval (7 to 0), of a conditional use request to allow the establishment of a
child care center, Children of Destiny located at the northwest corner of Martin Luther King Jr.
Drive and NW 6th Avenue.
· Recommended approval (7 to 0), of a privately initiated amendment to the Land Development
Regulations Section 4.6.9(E) to provide credit towards required parking for the construction of
new on-street public parking in adjacent rights-of-way.
· Recommended approval (7 to 0) of a City initiated amendment to the Land Development
Regulations Article 1.3 "Nonconforming Uses, Lots and Structures", Section 1.3.6 "Repairs and
Maintenance" to provide that if repairs are made to structures damaged by an act of God, then
Section 1.3.8 "Reconstruction Necessitated by an Act of God" shall apply.
· Recommended denial (7 to 0), of a City initiated amendment to extend for 90 days the temporary
building moratorium for demolition, and developments which exceed certain square footage in
any of the City's five historic districts [excluding properties zoned CF (Community Facilities) or
CBD (Central Business District)].
· Tabled (7 to 0), a City initiated amendment to the Land Development Regulations repealing
Section 4.6.16 "Landscape Regulations" and enacting a new Section 4.6.16 "Landscape
Regulations" to provide for Purpose, Applicability, Compliance, Enforcement, Review and Relief;
Landscape Design Standards; Irrigation Requirements; Prohibited and Controlled Plant Species;
City Commission Documentation
Appealable Items Meeting of October 3, 2006
Landscape Requirements and Minimum Maintenance Requirements; amending Appendix "A",
"Definitions", to provide definitions for various terms related to landscaping.
· The Board on a 7 to 0 vote issued a statement of consistency of the CIP (Capital Improvement
Plan) and FY 2006-07 - FY 2010-11 Budget with the Comprehensive Plan.
A. Approved with condition (5 to 0, Andrew Youngross absent), a request for the master sign
program for Coral Trace Office Park, located at the northwest corner of West Atlantic Avenue
and Coral Trace Boulevard.
B. Approved with conditions (5 to 0), a request for a Class I site plan modification associated with
the installation of a 1,640 sq. ft. sales center for Village Parc (formerly Delray's Lost Drive In),
located on the east side of North Federal Highway, south of Gulfstream Boulevard.
C. Approved with conditions (5 to 0), a request for a Class I site plan modification for 334 NE 3rd
Avenue an existing office/warehouse facility, located on the west side of NE 3rd Avenue,
between NE 3rd Street and NE 4th Street.
D. Approved with conditions (5 to 0), a request for a Class III site plan modification for Little
Saints Day Care, associated with the establishment of a child care facility, located on the east
side of Sea crest Boulevard (NE 2nd Avenue), between NE 17'h Street and NE 19th Street.
E. Approved with conditions (5 to 0), a request for a Class V site plan, landscape plan and
architectural elevation plan for Bexley Trail Community Park, located on Bexley Park Drive
approximately ~ mile east of Military Trail.
F. Approved with conditions (5 to 0), a request for a Class V site plan, landscape plan and
architectural elevation plan associated with the demolition of a one-story building and
construction of a four-story residential development containing 6 units for South Block 77,
located on the west side of SE 2nd Avenue, between East Atlantic Avenue and SE 15t Street.
Concurrently, the Board approved waivers reducing the required 20' sight visibility triangle to 8'7"
and 11' respectively at the driveway of the covered parking area and the alleyway.
No appealable items were considered by the Historic Preservation Board. The following item which
was considered by the Board will be forwarded to the City Commission for action.
· Recommended approval (4 to 1, Linda Lake dissenting and Randee Schatz absent), of a City
initiated amendment to extend for 90 days the temporary building moratorium for demolition, and
developments which exceed certain square footage in any of the City's five historic districts
[excluding properties zoned CF (Community Facilities) or CBD (Central Business District)].
By motion, receive and file this report.
Attachment: Location Map
2
CITY OF DELRAY BEACH, FLORIDA
- City Commission Meeting -
OCTOBER 3, 2006
L.38 CANAL
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A. CORAL TRACE OFFICE PARK
B. VILLAGE PARC SALES CENTER
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D. LITTLE SAINTS DA Y CARE
E. BEXLEY TRAIL COMMUNITY PARK
F. SOUTH BLOCK 77
-,,-,,-,,- CITY LIMITS .,,-,,-,,-
ONE MILE
GRAPHIC SCALE
CITY OF DELRA Y BEACH, FL
PLANNING & ZONING DEPARTMENT
OCTOBER 2(}(J(;
-- DIGITAL BASE I./APSYSTE/J..
MEMORANDUM
FROM:
MAYOR AND CIlY COMMISSIONERS
CIlY MANAGER tJ7Vl
AGENDA ITEM # ~.5 - REGULAR MEETING OF OCTOBER 3, 2006
AWARD OF BIDS AND CONTRACTS
TO:
SUBJECT:
DATE:
SEPTEMBER 29, 2006
This is before the City Commission to approve the award of the following bids:
1. Contract award to Public Safety Equipment & Installations, Inc. in the amount of
$23,372.82 for the purchase and installation of emergency lighting and other
equipment for six (6) new police vehicles. Funding is available from 501-3312-591-
64.20 (Central Garage Fundi Automotive).
2. Purchase award to Century Industries in the amount of $128,019.00 for the
purchase of a mobile stage. Funding is available from 551-1575-591-45.50
(Business Insurance Fund/Property Claims).
3. Contract award to Globe Marketing in an estimated amount of $104,500.00 for the
processing of the City's utility bills. Funding is available from 441-5112-536-34.90
(Water/Sewer Fund/Other Contractual Services).
Recommend approval of the above bids and purchases.
S:\City Clerk\agenda memo\Bid Memo 091906
MEMORANDUM
FROM:
David Harden, City Manager
Jacklyn Rooney, Purchasing Manager ~
Joseph Safford, Finance Director
TO:
THROUGH:
DATE:
September 29, 2006
SUBJECT:
DOCUMENTATION - CTIY COMMISSION MEETING
OCTOBER 03, 2006 - EMERGENCY LIGHTING
AND OTHER EQUIPMENT FOR NEW POLICE
DEPARTMENT VEHICLES
Item Before Commission:
City Commission is requested to approve the payment of $23,372.82 to Public Safety Equipment
& Installation, Inc., for the purchase and installation of emergency lighting and other equipment
on six (6) new Police vehicles (four (4) marked Crown Victoria's, one (1) slick top Crown
Victoria and one (1) Impala). This emergency lighting must be installed on the new vehicles
before they can be used by the Police Department.
Quotes were received from three vendors, Law Enforcement Supply, DSS, Inc. and Public Safety
Equipment & Installation Inc. Attached is a tabulation of quotes received by the central garage
based on unit price per item.
The Central Garage recommends award to Public Safety Equipment & Installation Inc. as the
other two vendors were unable to supply all necessary equipment and/or installation.
Recommendation:
Purchasing staff recommends approval for the emergency lighting and other equipment from
Public Safety Equipment & Installation, Inc. for the total amount of $23,372.82. Funding from
account code 501-3312-591-64.20
~.S.J
Leaves
Page 1 of1
Smith, Douglas
From: Rumell, Kevin
Sent: Thursday, September 21 , 2006 2:55 PM
To: Smith, Douglas
Cc: Harden, David
Subject: Police Car Equipment
Attachments: Quote; Estimate from Dana Safety Supply, Inc.; REQUESTED QUOTE FOR EQUIPMENT.; Re: Price Quotes;
PD Lighting Equipment Price Comparisons09-21-06.xls
Mr Smith,
As we had discussed, we have made an effort to expedite the equipping of the Police Cars to prepare them for in
service. This has included streamlining the process by requiring the equipment installation vendors to provide quotes for
the required equipment and lighting components to "build" our Police Cars. There are so many components involved,
and from a variety of manufacturers, that it just made sense to allow the vendors to bid on the parts as well as the
installation at the same time.
The attachment will show that DSS (Dana Safety Supply) declined to bid on the seating equipment that our Police
Department specified.
Law Enforcement Supply was high on their bid, declined to bid on the seating equipment that our Police Department
specified, and did not offer installation services.
There are several different configurations of cars that we are "building":
. fully equipped Crown Victoria Police Interceptors w flight Bars
. "slick-top" Crown Victoria Police Interceptors wfo Light Bars
. Chevy Impala CSO cars w flight Bars
Each car has a different parts list required to equip it; obviously a slick top would not use a light bar, but would use
additional lighting such as strobe lights in the front grill that a fully marked car would not. The CSO cars and the slick
tops do not get the prisoner partitions or hard seats in the rear seating area compared with the fully marked cars which
do get that equipment. Consequendy, each car may be priced out differendy, depending on how it is equipped. The
attached price quotes from the vendors was to provide pricing for any and all equipment used in the building of our cars.
I've also attached an excel spreadsheet showing the equipment needed to outfit each vehicle, per vendor. The vendor
we're using (public Safety Equipment Installations) is slighdy higher but is able to supply all of the equipment
required for these cars; Dana Safety Supply and Law Enforcement Supply were not.
Please advise if I provide any further information.
Thank you,
Kevin G. Rumell
Fleet Superintendent
City of Delray Beach
434 S. Swinton Avenue
Delray Beach, Fl. 33444
Phone: (561) 243-7333
Fax: (561) 272-5366
9/27/2006
~~~_~ COMP~SONS: Equipping Police C~_rs
CROWN~I_~ POLICE INTERCEPTOR (mark~d) I
I I
Description D.S.S. L.E.S. P.S.E.I. I
- -~"~.,-_._--_.
----
Installation 850.00 N/A 1055.00
-....----
Whelen LED. Serial Control Lightbar 1915.00 1867.89 1295.04 !
Whelen MPC-01 B-Link Controller INC. 278.16 i 259.60
Whelen BL627 Siren Amplifier INC. 225.72 : 209.84
Whelen MKEZ47 Mount Kit I INC. INC. i INC.
-- i
Whelen SWGBKT SwingaVllay Bracket INC. 51.30 r 38.86
Whelen C690CCCCSP Corner Strobe Kit 177.75 189.95 185.84
V1/_he}enTLN1R/B Talon Super LED Light (2) 211.70 233.70 234.34
Whelen SA314P Siren Speaker 115.00 135.09 125.35 ---
------------ -.----
Whelen SABKT17 Speaker Bracket INC. 15.96 i INC.
Whelen SSSPOSC6 Headlight Flasher 35.25 38.93 I 32.00
I
--------- -- I
Havis Shielc!_9_3190 Trunk Pull Out Tray_ 92.75 119.25 119.25 ,
SoundOff ECVD~~!CV Red/White Dome Light 35.40 35.40 35.65 I
SoundOff ETISSO-P Ignition Override 57.05 i 65.40 65.55 I
~------------ --_._,-. :
AEDEC CS2191 Prostraint Seats N/A I N/A 371.02
~ --.-...-.....-.---- .--- I I
AEDEC DP100 Rear Door Panels i N/A I N/A 69.95
Shipping & handling IN/A I N/A 44.42
400 WaU Power Inverter 29.62 39.99 34.20 -
Voltage T~'!1~!_ I N/A 69.00 68.68
------
PSEIEC15 15' Electrical Cord : N/A N/A 13.16
._--_.,------~ Totals $3,519.52 $3,365.74 , $4,257.75
----------------------
i
~ote: DSS declined to bid the AEDEC Seats & Door Panels I __ I I --
LES also declined to bid the AEDEC Seats/Door Panels and did not offer installation
CROWN VIC POLICE INTERCEPTOR (slick top)
Description 0.5.5. L.E.S. P.S.E.1.
Installation
Whelen C690CCCCSP Corner Strobe Kit
WhelenTLN1 RIB Talon Super LED Light (2 req'd)
Whelen TLN2R1B Talon Dual Super LED
Whelen TLNBKT2 Low Profile Mounting Bracket
Whelen TIR3 Grill Super LED (blue, 2 req'd)
Whelen TIR3 Grill Super LED (red, 2 req'd)
Whelen TIR3-2 LED Mounting Bracket (2 req'd)
Federal Signal SS2000SS-D Smart Siren
Federal Signal RMK Remote Microphone Kit
Federal Signal MNCT Noise Canceling Microphone
Whelen SA314P Siren Speaker
Whelen SABKT17 Speaker Bracket
Whelen SSSPOSC6 Headlight Flasher
Havis Shield C3190 Trunk Pull Out Tray
SoundOff ECVDML TCV Red/White Dome Light
SoundOff ETISSO-P Ignition Override
400 Watt Power Inverter
VS5201 Voltage Timer
PSEIEC15 15' Electrical Cord
850.00
177.75
211.70
194.00
N/A
94.62
94.62
N/A
N/A
N/A
N/A
115.00
INC.
35.25
92.75
35.40
57.05
29.62
N/A
N/A
N/A
189.95
233.70
217.17
N/A
N/A
N/A
N/A
N/A
N/A
N/A
135.09
15.96
38.93
119.25
35.40
65.40
39.99
69.00
N/A
855.00
185.84
234.34
207.64
7.20
103.54
103.54
21.00
595.00
51.90
36.75
125.35
INC.
32.00
119.25
35.65
65.55
34.20
68.68
13.16
Totals $1,987.76 $1,159.84 $2,895.59
Note:LES also did not offer installation
CHEVY IMPALA CSO CAR (marked)
Description 0.5.5. L.E.5. P.5.E.!.
Installation 850.00 N/A 725.00
Whelen L.E.D. Serial Control Lightbar 1915.00 1867.89 1295.04
Whelen MPC-01 B-Link Controller INC. 278.16 259.60
Whelen BL627 Siren Amplifier INC. 225.72 209.84
Whelen MKEZ47 Mount Kit INC. INC. INC.
Whelen SWGBKT Swingaway Bracket INC. 51.30 38.86
Whelen C690CCCCSP Corner Strobe Kit 177.75 189.95 185.84
WhelenTLN1 RIB Talon Super LED Light (2) 211.70 233.70 234.34
Whelen SA314P Siren Speaker 115.00 135.09 125.35
Whelen SABKT17 Speaker Bracket INC. 15.96 INC.
Whelen UHF2150B Headlight Flasher 35.25 38.93 41 .42
Havis Shield C3311-18 Trunk Pull Out Tray N/A N/A 179.25
SoundOff ECVDML TCV Red/White Dome Light 35.40 35.40 35.65
400 Watt Power Inverter 29.62 39.99 34.20
VS5201 Voltage Timer N/A 69.00 68.68
PSElEC15 15' Electrical Cord N/A N/A 13.16
Totals $3,369.72 $3,181.09 $3,446.23
Note: DSS did not bid the Trunk Tray or Voltage Timer
LES did not offer installation and did not bid the Trunk Tray
Pllblle S..tv E...dDment &
'..t.na'dons. 'tlC.
1305 NW 155m DrfIl6
Mjam~ FL 3316g
Tef: 305--627-67s7 Fax:3os..e27-6759
e-mail: pselGusa.com
Invoice
ro~ NEw \IE.., CoL."
* ''':tl
~~
L~~~
SlIiTo
DET.RA Y BEACH
COy Ol' DEtRA Y ~I:iACH
looNW 1ST AVE.
Dl'Q..RA Y BE^CH. fl. }}444
Al1N:PUIKHA9TNG DNJS(ON
Shi:) To
DELRA YBEACH
CITY OF DELRA Y BEACH
4)4 S. SWINTON AVR
DELRAYBEACH. fl, 33444
AnN: 1CEV1N RUMMEl_
I
__J
P.O "'!.Imber I T('Irms Rep Ship Vie ~,o_e. Project
i H VI."I Rl1MELL I N~ 3Co OF Bl2J2006 PSEl SHOP
~ QUlI"tity -
118m COde Description Pfiett Eac::h ~ount
r-- -
I 141 EDLQTflAR Wl:lEU.'N l~ LED UBF..AT'Y I.lGt11'Bl\.R W/ALLEYS. 1,295.04 1 J.95.c).~T
: T^J<..E OOVo'1llS, T/A. '~lJ1SE
I ) MKEZ47 Mnlllling BnKJ..at fur Crown V'LC 0.00 9.QllT
! 1 MPCOl WHEl.EN MPCOl SmENJLl{'Jl{f CONTROL ~S9.(j() ~'s9.6CT
. 1 I Bi.627 WHELJ-:N SIREN AMPLIFIER 21)9.84- :W\ii44T
11 SWGBlCT SWING BRACKET PO~ MPCOI 38.M ',U6T
J Sr,90CCCC WHFl.E~ 4 CORNER. S'fR.OBR KIT 90 WATT lfi:C84 IllH4T.
I n.NID WHELEN TALON LED Bt..UE 117.17 l:7.lii
\ 11.NI R WlalENTALON LtD ReD I \::,i7 1 i7,]7:
I (..319(1 fRUl'(K SlIDE our TRAY FOR FOIW CV ll~.25 Ii 9. '';;'
I SA.3 J4f' WlD~LEN SPEAKER WOW 125.35 125.35""'
1 SABKTl? WHEl.E.N SPEAKER BRACKET' CVOS 0.00 O.OOT
I SSFPOSC6 HEADLIOJ{f fl.ASHER FOR FORD CW6. PLUG A~-n n.oo nOI)T
PLAY
I ECVnMLTCV DOME LJOH! JtolCANIRED llD 35.6..~ 35.6ST
f E11S5O-P KiNTIXJN oV2RRIDI:. SWITCn 65.S~ 6~.5~"r r
i : CS219\ AEDEC PROS'l:RAINT SEATS FORD CV ,3'11. 02 HJ.02'f
i I DPlOO RFAR DOOR PANeLS mRD CV ~9.95 l'i9.9S1'
, I PSEI400WPl POWER INVERTER 400W 34.20 ~ 20"(
I 1 VSS20 I ~l!R "T 1\MF.Jt 6$.03 6!.6SH
I ?:lElEe 1 S 1 ~ ELECTRICAL CORD n.lS 13.16T
I lNSTALLATlON lNSTALL.I\ lION OF EQL'lPMl:."NT 1,055.0:J 1.Cl~5.()(1
I lNS1Al.tA1l0N ,., BRliAKERS, FUSE Bl,OCJ<8. FUSE&. f'tJ8E HOLDERS, Of X) o.no
CONNECTORS. M1SC....,..
I S&.H SHIPPlNG.t. HAJI.,'llLlNG 4442 44..t.2
~OO6FORDCV i
I
'1.;( S7. ~
Total 04257" ]
- -
s-
S'~
6gL9-L2B~SOE ~ ~u~~dtn~3 ~~.J.5 ~~Tqnd
~80:20 90 90 d~S
.~bllc S.,.ty EguiDment &
Installations. Inc.
1305 NW 155th Drive
Miami, FL 3318D
Te!: 305-fJ27-1J757 Fllx:305-GZl-6759
e-mail: p.seitlJusa.com
Invoice
Foe. NE w "eM i CoLE'
it 1".1.5
Oate
9/V.l(JO()
lnvoice # !
.30446 I
Bil;lo
Df.;.RA'i BEACH
CItY OF Dll.,J<A Y BEACH
JOClN,W 1ST AV':!.
J>f.LRAY BF^Cfi fL 334'4
ATIN:PlnKH^<:;ING UlVI810N
~;t'lip To
'----
DaM Y BEACH
ern: Of DELRA Y BEACE
434 S. SWlNTON AVE
DRLRA Y RFACH, [01.. 13444
ATJN: KEVIN RUMMEL
-.
~ 1
P.O. NllmbQf' TeTm1l Rep Ship VI. F.O.B. Project I
R;.'MELL Net 30 OP 9f&'20(j6 ~EJ SHOP
.
~ Quantity :tem Code Descn~ Price Each AmO\.lJl1 ,
, ! l4Ltil>[.(HBAR -
, W.tm1.EN 108 LEDLlBER'ty I.JGHlEAR, RiA W/ALLEYS, 1,;!95.04 J..z9S 04
i [ TAKE DOWNS, T/A, CRUISE
I
, 1 MKElA8 I.IOHTBAR MOUNTING KIT FOR CHEVY IMPAlA FOR 0.00 0.00
,
\ UBERTY
1 MPCOI WI-lEtEl'Ir MPCol SlRENI'UOHT CONTROL 2S9.(;0 2.~9.6(j
I llL627 WHl!LEN SIREN AMM.lFIER 209.&4 1U9.84
, 1 SWG!:iKT SWING BRACKET FOR MPCOl 38,86 lff~
!
! , S690Cc.:CC WI:IELEN 4 CORNER STROBE KIT 90 WATf 185.84 I ~.5.Il"
1 TLN H~. W1U!UN TALON LF..D r<ED :17.17 1;7.17
t TINJA WHf.~ TALON LED. AMBER 117.17 117.17
I 1 C.HI1.\8 TRUNX MOI1Nr 'J~ Y l"()R 2006 CHEVY IMPAlA- 1'N.2S 1':"9.2~
! HALf WJDlli
I SA.~ 14P WHElEN SPEAKER IOOW 125.35 12D~
1 SJ\8KT16 SPF.AKF.R BAACKET FOR CHEVY JMP_~ . POLICE 0.00 0,00
PACKAGE
1 UHFZI50B HEADUGHI F1.ASH.ER FOR CHEVY rMPALA 41.42 4) .'"
I 1 ECVDML TIMP DOME LlGKf RED Le'D/CI,PAR INCANDESCE.Nr mR 35.65 ~5,ti5 1
i POLICE PACKAGE
;
i 1 PSEI4CJOWPI POWER INVER.TER 400W 34.20 34 20
I 1 lNS1AU.ATION INST ALLA nON OF A'80V'R :F:QUlP'MF.Nf nS.Ol) 725 ()t)
I
1 Pl; F.JEC 1 5 15' ElECTRICAL CORD 1 )..1(; I.ll fI
,
,
I 2006 CHEVY lMPAlA POLICE PACKAGE o ~ .,g-
I t lfo1m~e 1rM..er
I
i
i
, J 3~"'6.?3
,
i
I "/
, 3 ,
i i
- -- ----'
Total ~!
.-L ----'
s
~.cI
SS~9-L29-SDE ~ ~u.wdtnb3 ~~~3~S o!(qnd
~9S~20 90 90 d~S
P.Y.bllc S~ EqulJPment &
.natall.lion_, Inc.
1305 NW 165t1l OrNe
Miami, FL 3311$0
Tel: 3lJ5--62l-57S7 F8>(;30~27-6759
...mall: p$8i(!Jus8.oom
Invoice
~()R NEtIJ \leH Ic.LE
-:t4 I" .2. 0
Date
7129/2006
I ~oice #
303%
BiRTo
DELRA Y BEACH
CITY OF DURAY BEACH
1](1 N.w. 1ST AVE,
i>EtRAY Bl:"I\.(Ii. FL 33444
A':TN:l"l.ffi,(:HASTNG D.lV1SJON
8h~p To
DEl.R.4.Y BEACH
em OF DEUtA Y BEACH
434 S. SWINTON AVE
De[.J~.A Y BEACR FL 33444
ATI"'N: KEVIN1l.1JMMEI,
-'
--
I po. Number' Terms Rep SNp Vie F.O.B. F' fa) act
! .KFV;N R.L!MBLL Net 30 oP 7129120060 PSEI SHOP
i
I Quantity Item Cod9 Oe!leriptlon Price Each .Il,mount
. -
i ! 'ILN1RB WHELEN T ALO}ool OOAL Ut.)) UOKT RB.l)tBU.m :.\07,(,4 21.\7.64
I TI..NUlCT2 WHE.LEN T.OW PROrn.E TALON MT(t. .BRAClCE"r 7.20 7.20 ,
1 n..~lB WllELm TAl-ON J.FJ) BLUE t17.l7 117 Ji
; TLNIR WHELRN TALON r..ED RED 117.17 117.17
I 2 RSOO:lZCR. TtR.3 BLUE 51,77 Hl354
I 2RSTtU3~.CR Im.;. REO 51. '77 1035.'
2 TIR:\-l MOUNITNG BAACll"T FOR TIRJ. 2 LIGfITl..EAOO 1050 21.liO
j S69()CCCt; WHl.';Le~ 4 CQRNBR STROBE KIT 90 WAIT 185.84 18.5.84
t SS2000SS.D FEDERAL 8[GNAL SMART SIREN 595 00 59S.I.:U i
1 RMK RF.MOTE MICllOPHONF. KIT ;1 q() ~n.90 I
] MNeT MJCROPH{)NE, STANDARD NOISE CANCEUNG 3f;.75 36.75
1 SA3HP \Io'HELEN SPrAKER IOOW 125.35 12S.35
I SABKTI7 WHELEN SPEAKER BRACKET I CV05 0.00 U.\ll.l
J C.3IYO TRUNK SLIDE OUT IRA Y F~ FORD CV 119.25 l19.25
; t 8SI'}'USC6 IJEAl)UGHl FLA81nm FOR :FOIID CV06. l'1.UG AND 32.00 lZ.O(l
I PLA. Y
I ECvt>MLTCV DOME LIGHT INCANIRED LED 3S.(S$ ~S.5~
! 1 ETJ..<t."iO.P KrNmON OVERRIDE swrrclI 65.55 ~~S.S5
I PSEI400WP( POWER INVERTER 400W 34.20 34.2D
! .I V~5~OJ POWl1:R lAMER 6&.63 68.68
1 PSElCC; 5 1,' ELr:CTR!CAL CORD B-16 ~ll~
\ t ! NSTAI..LATION rNSTAIJ.A.1l0N OF EQUIPMENT 8'~.OO lI$S.llC
I I
I 2006 FORDCV
I
,
I
,
!
I
I ~<f cr5: b'1
L
--
! Total
I S2,39SS9
i
'--
R"d
l=i;~/.A.I.?9-gQF. .. ~uif..eh"b3 R~.j-ItS o'(I~nd
~SO:20 90 80 des
Smith. Douglas
Page 1 of2
From: Ray Rogers [HRogers@LawSupply.com]
Sent: Thursday, March 16,20069:37 AM
To: Rumell, Kevin
Subject: REQUESTED QUOTE FOR EQUIPMENT.
Importance: High
Kevin,
Here is the quote you requested. Please review this there were some
items that I could no get. I replaced these with comparable items
from different vendors. If you have any questions please let me know.
Ray Rogers
Law Enforcement Supply
(800) 637-6307 ext. 4114
(850) 596-2607 cell
(850) 769-9637 fax
hrogers@lawsupply.com
LAW ENFORCEMENT SUPPLY COMPANY
Order Quote
Your Quote# 252918
Quote Date 03/15/06
Your salesman is : Rogers, Ray
Page 1
Time 02:00PM
Account# 201305
CITY OF DELRAY BEACH
ACCTS PAYABLE
100 NW 1ST AVE
DELRAY BEACH, FL 33444-2612
Ship-to 0
CITY OF DELRAY BEACH
KEVIN/RAY
FLEET MAINTENANCE
434 S SWINTON AVE
DELRAY BEACH, FL 334443553
Ship via PREPAID & ADD-UPS GROUND from CHARLOTTE, NC warehouse.
Instructions: ATTTN ALL WHEN A MAILED IN COPY OF A PO COMES IN CHECK IN THE SYSTEM BEFORE IT
PLACED, THEY CALL IN THE ORDERS THEN SEND IN THE PO **
PartNo
XSPSPCL
XSPSPCL
XSPSPCL
XSPSPCL
XSPSPCL
MPC01
BL627
SWGBKT
S690CCCCSP
TLN2RB
TLN1R
TLN1B
C3190
SA314P
SABKT17
9/27/2006
Description UM
SS8RRBB - 48" SERIAL COM EA
SSDRB - ONE RED AND ONE EA
SSH2CC - TWO HALOGEN FLA EA
SSALY - TWO HALOGEN ALLE EA
MKEZ47 - MOUNTING KIT FO EA
MULTI FUNCTION CONTROLLE EA
REMOTE SIREN AMPLIFIER F EA
SWING-AWAY BRACKET FOR M EA
690 KIT W/2 15 & 30' CAB EA
TALON DUAL SUPER LED R/B EA
TALON SINGLE SUPER LED R EA
TALON SINGLE SUPER LED B EA
TRUNK SLIDE OUT SHELF EA
SPEAKER 100 WATT EA
UNIV SPKR MT KIT QUICK 0 EA
QtyOrd Unitprc
11,867.890
5 0.000
1 0.000
1 0.000
1 0.000
1 278.160
1 225.720
1 51. 300
1 189.950
1 217.170
1 116.850
1 116.850
1 119.250
1 135.090
1 15.960
Extension
1,867.89
0.00
0.00
0.00
0.00
278.16
225.72
51. 30
189.95
217.17
116.85
116.85
119.25
135.09
15.96
ETRRSS
ECVDMLTCV
ETISSOP
4255340
XSPSPCL
XSPSPCL
VEC024
BL1079606
ROADRUNNER SS FLASHER EA
RED LED/CLEAR DOME LIGHT EA
IGNITION OVERRIDE SWITCH EA
JD 2000+ CV NHM COMPLETE EA
S6001F-A - REAR TRANSPOR EA
Vl16F - REAR DOOR PANELS EA
400 WATT INVERTER EA
PRIORITY START PRO-SERlE EA
1 38.930
1 35.400
1 65.400
1 224.000
1 236.000
1 76.000
1 39.990
1 69.000
Sub Total
Freight
Handling
Tax
Total
Page 2 of2
38.93
35.40
65.40
224.00
236.00
76.00
39.99
69.00
4,118.91
4118.91
THESB PRICBS DO NOT INCLUDE FREIGHT!! FREIGHT WILL BE DETERMINED BY THE
QUANTITY ORDERED. ALL ITEMS ARE FOR THE '06 FORD CRN VIC. UNFORTUNATELY
WE ARE UNABLE TO GET FEDERAL SIGNAL, D & R, AND AEDEC ITEMS. I QUOTED
OUT COMPAREABLE ITEMS FROM THE FOLLOWING VENDORS WHELEN (SPEAKER),
JOTTO (COMPUTER STAND), PRO-GARD (SEATS AND DOOR PANELS). WE DO NOT
HAVE A 300 WATT INVERTER WE DO HOWEVER HAVE A 400 WATT INVERTER FROM
VECTOR. DEPENDING ON QUANTITY'S ORDERED WE HAVE MOST OF THESE ITEMS IN
STOCK.
WE ARE AN EQUAL OPPORTUNITY EMPLOYER.
THANK YOU FOR YOUR CONTINUING BUSINESS.
THIS QUOTE IS AUTHORIZED BY Rogers, Ray
9/27/2006
AGENDA ITEM NUMBER:
g. ,
AGENDA REQUEST
Request to be placed on: Tuesday, October 03,2006
Date: September 29, 2006
-1$.L Consent Agenda _ Special Agenda _ Workshop Agenda
Description of agenda item:
Approve award to low bidder, Public Safety Equipment & Installation, Inc. for the purchase and
installation of emergency lighting and other equipment for six (6) new Police Vehicles for the total
amount of $23,372.82.
ORDINANCE/RESOLUTION REQUIRED:
Draft Attached:
YES
YES
NO
NO
Recommendation:
Award to low bidder, Public Safety Equipment & Installation, Inc. for the purchase and installation
of emergency lighting and other equipment for six (6) new Police Vehicles. Total amount of
$23,372.82. Funding from FY 2006-2007.
Funding from account code 501-3312-591-64.20.
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: ~ _LAJc No
Funding alternatives:
Account Number:
Account Description:
Account Balance:
City Manager Review:
Approved for agenda:
Yes!iJL
No
Hold Until:
Agenda Coordinator Review:
Received:
Action:
Approved
Disapproved
[ITY DF DELRAY BEA[H
DELRAY BEACH
100 N.W 1st AVENUE DELRAY BEACH. FLORIDA 33444
561/243-7000
I I " k I I) ^
D.e:d
All-America City
, III I!
MEMORANDUM
1993
2001
TO:
FROM:
David Harden, City Manager
Joe Weldon, Director of Parks and Recreation
SUBJECT: Mobile Stage
DATE:
September 25, 2006
Attached please find information concerning a Showmaster mobile stage from Century Industries
in the amount of $128,019. As you know, our previous stage was damaged beyond use by
Hurricane Wilma.
We wish to piggyback the bid of the City of Largo, Florida. Attached is information concerning
their bid. The total cost for the mobile stage for the City of Largo was $117,000. The total cost for
the City of Delray Beach is $128,019. The difference in the cost is the number of options that we
are requesting. I have attached a letter from Michelle McRae, Sales Manager for Century
Industries, stating the base price for the stage for Largo and Delray Beach is $67,429.
The options we are requesting include wall panels, anti-corrosion package upgrade, stair upgrade,
stage deck support truss, handicapped access lift, hydraulic leveling, 7,000 watt generator,
equipment stage locker, electrical upgrade, pro sound system, professional light package, etc.
Attached is a description of the Showmaster stage and the options we are requesting.
This should be charged to account #551-1575-591-45.50 (Insurance Fund - Claim Account).
Please place this on the October 3, 2006 agenda for City Commission consideration.
~
Weldon, Director of Parks and Recreation
c . Landelda Gaskins, Agenda Coordinator
Ref:dhstage
@ Pnnled on RtJcycled Pap'?!
THE EFFORT ALWAYS MATTERS
~S.2-
Century. Industries
September 01,2006
1-65 & Hwy. 311
P.O. Box U
Sellersburg, IN
47172-0919 USA
Joe Weldon
Delray Beach
64 S.E. 5th Ave.
Delray Beach FL 33483
RE: Mobile Sound Stage
Dear Mr. Weldon
Century Industries provided the City of Largo a discounted price of $67,429 Jor the base unit
mobile sound stage.
Century Industries offers to provide the City of Delray Beach with the same discount for the same
base unit stage price of $67,429.
If you have any questions, please contact me. Thanks again for this opportunity to work
with you.
Sincerely,
~~~~
Michelle McRae - Sales Manager
Telephone 812/246-3371
Ext.12
Customer Service 800/248-3371
FAX 812/246-5446
michelle@centuryindustries.com
www.centuryindustries.com
STAGE QUOTATION
Century
1-65 & Hwy. 311
P.O. Box C
Sellersburg, IN
47172-0919 USA
Industries
September 06,2006
Joe Weldon
Delray Beach
64 S.E. 5th Ave.
Delray Beach FL 33483
DESCRIPTION: MSM3600 "SHOWMASTER SERIES"
. 36ft long Enclosed Stage Body
. 18" deep steel channel mainframe
. 60,000 lb. capacity pintle towing coupler
. 25,000 lb capacity crank tongue jack
. Tandem axle suspension with (4) high flotation tires, electric brakes
. (4) 25,000 lb capacity comer leveling jacks
. Frame mounted level gauges
. Rugged, ail-weather FRP sound shell enclosure
. 36ft fold-down stage deck with skid resistant surface pattern, leveling legs, 1251b. live load capacity, hydraulic operation
. Stage canopy extends beyond main stage for maximum protection, hydraulic operation with safety locks
. Self-contained 12VDC hydraulic system with remote operation pendant
. Curb-side frame-mounted locking compartments for hydraulic and electrical systems
. (2) diamond plate steel stairs with enclosed .risers and hand rails
. Highway lighting package with DOT marker and signal lights
. AC electric system with power cable, breaker panel, receptacles, and (2) rows of dual tube fluorescent stage lighting
. Gray stage deck color to reduce heat build-up from the sun
. Gray stage interior for reduced glare and enhanced neutral appearance
. White Tedlar exterior coating for UV protection and vandal resistance
MSM3600 - BASE UNIT............ .. .. . .. . .. . .. .. . .. . .. .. . . . .. . .. . . . .. . . .. . . . .. . . .... $67,429
RECOMMENDED OPTIONS:
90650
20536
10207
90636
70002
10209
90550
90551
84444
51002
11003
56060
Adjustable Acoustic Wall Panels
Premium Anti-Corrosion Package Upgrade
Premium Stair Upgrade, two (2)
Stage Deck Support Truss 36'
Exterior Sound Shell Graphics Allowance (UpgPkg.)
Handicapped access Lift
Hydraulic Leveling/Support System
Wireless Remote Control
Hydraulic Hitch Jack
Enclosed 7,000 Watt Generator
Deck Tie-Downs, (6)
Decorative Stage Skirt, 64 ft., (Main Stage Deck)
$4,691
$1,716
$440
$644
$3,800
$5,991
$6,189
$1,421
$1,440
$6,820
$468
$1,600
1
56060
20202
10235
42201
40028
40029
42101
41105
42009
Decorative Stage Skirt, 16 ft., (For 4x8 Sections)
4' x 8' All-Weather Extension Sections Nine (9)
60" Equipment Storage Locker
Electrical Stage Upgrade Package # 1
Exterior Flood Light, three (3)
Compartment Light, two (2)
Theatrical Light Support Bar @$801 Per Pair
Pro-Sound System #2
Professional Light Package #2
$400
$6,948
$825
$2,155
$396
$236
$1,518
$3,119
$6,730
$3,043
FOB Delivery to Delray Beach FL
Total 5128,019
2
www.centuryindustries.com
Century~Industries
LIMITED WARRANTY AND REMEDY - Century Industries warrants to the original
user that those products manufactured by Century Industries and used in the service and
in the manner for which they are intended shall be free from defects in materials and
workmanship for a period of (3) year after delivery. Items manufactured by others have
their respective manufacturer's warranty. Century Industries does not make any other
representations or warranties, express or implied, including, but not limited to, any
implied warranty of merchantability and any implied warranty of fitness for a
particular purpose. Century Industries is not liable for incidental, consequential, or
special damages of any kind.
Applicable Law - This contract shall be construed according to the laws of the State of
Florida and venue shall be in Palm Beach County.
* TERMS:
Net 30 Days
Balance On Delivery
Approximate Production Lead Time: 90 - 120 days ARO.
Price Does Not include any applicable Federal, State, or local taxes.
Price Quote Good For 90 Days.
Purchaser -. Purchaser agrees to maintain product in a safe condition and to operate
product in a safe manner. This Proposal is expressly limited to the terms stated herein.
Purchaser agrees receipt and use of this product constitutes agreement to these terms.
Any changes, amendments, modifications, additions or alterations made by purchaser
without the express written acceptance of seller are rejected.
MOBILE SOUND SHELL
MODEL #MSM3600
"SHOWMASTER SERIES"
SPECIFICATIONS:
Perfect for all types of events and performances. Century's MSM3600 "ShowMaster
Series" Mobile Sound Shell Stage offers stage facilities at any site with indoor theater
control.
Features include a hydraulically operated canopy for sun and rain protection during
performances and extra security when closed. a hydraulically operated stage deck for
extra performance area, acoustical body panels for superior sound projection and control.
and a wide selection of available options for optimum performance and go anywhere
capability .
Weather and vandal resistant materials are used throughout the rugged Stage body. Low-
maintenance is provided using highly durable. non-corrosive exterior body panels and
frame and a non-skid. weather-resistant stage floor.
The Century MSM3600 "ShowMaster Series" Mobile Sound Shell Stage can be tailored
to your program by equipping it with the many accessories available in the list of options.
Once introduced into your program, this stage will become a vital part of all your outdoor
programming.
DIMENSIONS:
Mobile Sound Shell When Extended:
Body Length 36'
Main Stage Deck Length 36'
Folding Stage Deck Length 36'
Stage Depth 14'
Stage Height from Ground 48" to 61" Adjustable
Canopy Height from Ground 16'-7" @ 48" Deck Height
17'-8" @61" Deck Height
Canopy Depth when open 16'
Down Stage Canopy Height
from Stage Floor 12'-4"
Up Stage Ceiling Height
from Stage Floor 7'
Overall Road Width: 8'-6"
Overall Road Leneth: - Including Hitch 40'
Overall Heieht 13'-3"
4
FRAME: Unit mainframe is constructed from two (2) 18" deep x 3" wide x 3/16" thick,
seamless, one-piece steel channels integrated into a structural truss tube. All-steel
members shall be phosphate primed with a zinc-rich primer, and painted with a gray
enamel top coat. See options section for zinc hot dipped galvanized steel mainframe.
UNDERCOATING: Mainframe is undercoated with solvent based undercoating that
remains tenacious, pliable and adherent over a wide range of temperatures. Undercoating
resists cracking and chipping when exposed to road vibrations, rocks and gravel. See
options section for zinc hot dipped galvanized steel mainframe upgrade.
PINTLE RING COUPLER: A 60,000 lb. capacity pintle ring shall be bolted to tongue
at front of backbone frame. Mobile Sound Shell shall be equipped with safety chains and
electric breakaway switch with battery. A 25,000 lb. crank adjustable hitch jack shall be
welded at coupler end of Mobile Sound Shell. Tongue length shall allow sufficient
clearance for turning.
SOUND SHELL LEVELING/SUPPORT JACKS: Four (4) 25,000 lb. maximum lift
capacity crank adjustable jacks shall be attached to the frame, one (1) at each comer.
Jacks are designed to level and lift stagt? and shall be spaced 8 feet perpendicular to the
Stage. Jacks shall be capable of raising stage from a minimum height of 48" up to 61".
Each jack shall have a 10" x 12" jack foot. Jacks shall swivel to prevent damage during
transit, offering 22" of ground clearance.
In addition to the swivel jacks, two (2) additional 35,000 lb. capacity mainframe drop
legs support live load on main stage and prevent suspension rebound during
performances where suspension is contacting the ground.
Precision bubble-type levels shall be attached to the stage frame for ease of leveling. A
total of four (4) levels shall be installed, with two (2) sets of two (2) at opposite comers.
Jacks mounted inboard of stage frame shall be deemed unacceptable due to inferior wind
load capabilities.
MOBILE SOUND SHELL STAGE STRUCTURE: Shall meet or exceed minimum
live load code requirements of 125 lbs. psf. and minimum wind load requirement of 40
mph. Operator shall provide sill boards sized to accommodate local soil bearing
conditions.
SUSPENSION: A 21,000 lb. triple axle, heavy-duty, steel leaf, suspension shall be
provided, equipped with six (6) wheel electric brakes and six (6) highway rated, 12.00 x
16.5 12 ply tubeless tires load range F rated at 4,045 lbs. each (mobile home tires not
acceptable). Fenders shall be installed over the tires on both sides ofthe stage to protect
from road dirt and debris.
RV style torsion beam suspension shall not be acceptable due to lack of strength for
towing additional equipment over rough terrain.
5
D.O.T. STANDARDS: The Sound Shell shall comply with all D.O.T. regulations
established for over-the-road vehicles including appropriate clearance, stop, tail and
directional lights, as well as sizes and dimensions.
STAIRS: Two (2) sets of portable 48" wide stairs with handrails shall be provided.
Stairs are 18 gauge steel construction with a non-skid surface. Stairs shall have 7/11
slope, enclosed risers and handrail dimensions to meet ADA code.
Handrails, provided on both sides of stairs, shall be zinc plated 1-112" diameter steel tube,
and shall be removable, without tools, for storage. Stairs shall attach to DuraDeck stage
sections and on all sides of the main and folding stage deck section. Stairs shall have
adjustable legs for all-terrain use.
Stairs must meet ADA Code for rise, run, enclosed risers and handrail dimensions to be
acceptable.
BODY: Sound Shell body shall be constructed of integral structure, long-life Fiber-
Glass Reinforced Plywood (FRP), for vandal resistance, weatherability, and superior
acoustical properties. Interior and exterior Sound Shell rear wall and end panels shall be
seamless, one-piece construction, for maximum strength, maximum weather resistance,
and optimum graphics and acoustic reflection. Seamless one piece FRP panels add the
structural strength necessary to prevent body flexing which is the cause of water leakage
at the seams. Seamless panels also provide necessary background for acoustic projection.
FRP shall be constructed of 1/2" exterior grade plywood (fiberglass reinforced plastic is
not acceptable) with glass woven roving fiberglass bonded to the plywood with polyester
reinforced resin.
The exterior surface of the panels shall be covered with a smooth high gloss Gel Coat,
designed to offer a durable vandal resistant surface to make maintenance of the Mobile
Sound Shell Stage body easy. Color shall be molded into resin surface of FRP to prevent
scratching and fading of color. Exterior shall be white, interior shall be medium gray to
highlight fleshtones of performers and remain cool in direct sunlight. Gel Coat provides
weather resistance to alkali, acid and UV degradation. FRP panels shall be easily field
repairable in case of damage.
Panels shall be bolted to the Sound Shell frame with self-locking, self-sealing, gasketed
FRP bolts with a minimum bolt head diameter of 7/8" to prevent damage to the FRP
panel. Bolts shall be spaced at 9" a.c. for maximum structural rigidity.
A heavy 4" deep aluminum rubrail shall extend around bottom perimeter of body. The
aluminum rubrail provides protection for the FRP and the Mobile Sound Shell frame.
The rubrail requires no maintenance or painting when scratched. The aluminum rubrail
shall be easily field repairable.
Painted steel skirting shall not be acceptable as rubrail due to potential scratching and
rusting.
6
MOBILE SOUND SHELL DECK: Deck shall be Century's DuraDeck; a seamless
three-part composite, 1-7/8" thick, designed for easy maintenance, weatherproof
durability and superior acoustics.
The DuraDeck features a 1" polystyrene core, sandwiched between two (2) 3/8" plywood
layers. The plywood is coated with a rugged weatherproof fiberglass reinforced polymer
which eliminates the need for periodic refinishing. The top surface is textured for non-
slip performance. The bottom surface is smooth. Folding stage deck shall be full length
of stage for maximum performance area.
DuraDeck composite deck shall provide the required natural sound dampening for
movement and/or footfalls necessary for staging. Deck surface shall be free of bolts,
rivets and fasteners which effect walking and dancing.
Deck perimeter rail shall be a heavy-duty extruded 7" high aluminum channel with
provision for stairs, skirting, or additional deck attachments. Stage deck hinge shall be
concealed with no exposed piano hinge on stage deck.
Deck shall be light gray in color to match the interior wall, roof, and end panels. Deck
shall remain cool to the touch when in direct sunlight.
Dark colored stage deck shall be deemed unacceptable due to absorbing nature of dark
colors and increased stage deck temperatures.
ST AGE DECK SUPPORT: Electrically powered hydraulic cylinders allow easy
raising and lowering of folding stage deck by one person. Welded steel folding deck
frame shall have adjustable support legs that automatically fold out when platform deck
is lowered. Support legs shall have both coarse and fine adjustments for precise leveling
of platform deck. Operator shall provide sill boards sized to accommodate local soil
bearing conditions.
Independent telespar legs shall be deemed unacceptable due to deck load bearing and
difficulty deploying.
SHOWMASTER ROOF AND CANOPY: Driver-side wall shall raise to form stage
canopy acoustic shell with roof panel. When open, canopy shall completely cover stage
deck.
Canopies not capable of completely covering stage deck shall be unacceptable due to
weather protection and acoustic projection, and inferior lighting capabilities.
SOUND SHELL CANOPY HYDRAULICS: The driver-side wall shall raise to form
the stage canopy acoustic shell. Precision variable position hydraulic cylinders will have
pilot-operated safety lock valves to hydraulically lock canopy in a variety of coordinated
roof/canopy positions to best reflect the stage performance visually and acoustically.
Each cylinder shall have a separate safety mechanical locking system as a back-up to
prevent the canopy from collapse in the event of a hydraulic cylinder and line failure.
7
Canopy systems without a manual backup lock shall be unacceptable due to decreased
perrorrnedset-upcrewsafe~.
Canopy hydraulics shall be enclosed in steel end columns, at both sides of the stage, to
prevent tampering and potential damage.
CANOPY TRUSS STRUCTURE: Steel truss structure shall be fully engineered to
design loads for roof, wind, snow, lighting and stage equipment.
800 lb. minimum load capacity at canopy leading edge shall be required for safe~.
HYDRAULIC SYSTEM: Operation of the Sound Shell roof canopy and deck shall be
accomplished by a self contained hydraulic system operated by remote control pendant.
Remote control pendant shall have a 20' power cord. A locking control panel with
securi~ latch shall be provided for hydraulics and control system. All hydraulic lines
shall be flexible to allow for stage movement when being towed and set-up.
Mobile Sound Shell mechanical components including battery, battery charger, hydraulic
pump, and fluid reservoir shall be located in a locking, weather-tight aluminum
compartment. All mechanical components shall be conveniently located for ease of
service and full weather protection.
Mounting of hydraulic pump, reservoir, and batteries not in a weatherproof compartment
are unacceptable due to potential towing damage, difficulty accessing for repairs or
replacement, and exposure to weather.
12VDC ELECTRICAL: The stage shall be equipped with all ICC road lights and
license plate bracket with light. Marker lights shall have rugged die-cast aluminum
housing for protection. Stage shall have connector cable, connector, and towing vehicle
receptacle (owner installed). All 12VDC wiring shall be run in protective loom.
Stage 12VDC marker lights shall be protected by rugged die cast aluminum housings.
Hydraulic system shall be powered by two (2) 6V deep-cycle marine batteries (12VDC)
equipped with battery charger. The deep-cycle batteries and charger on the MSM3600
are located in a locking mechanical compartment at the rear of the stage. The deep-cycle
batteries provide power to the electric hydraulic pump that operates the hydraulic
cylinders and the optional handicapped lift. On a full charge the batteries should open
and close the MSM3600 and the optional handicapped access lift a minimum of ten (10)
times.
Once the MSM3600's power cable is hooked up to AC electric power, the 12VDC/5
Amp. charger can be plugged into the outlet in the locking compartment to charge the
batteries. After approximately eight (8) hours of charging, the batteries will be at full
charge. The optional handicapped access lift is 12VDC powered and can be run while
the charger is charging.
8
Neither the deep-cycle batteries nor the charger needs to be removed from the stage for
the charging process. Furthermore, an extension cord can be run to the charger to
provide a maintenance charge without hooking up the MSM3600's main power cable.
HOV/60Hz ELECTRICAL SYSTEM: Sound Shell shall be equipped with a 125
Amp.l220/110V loadcenter with three (3) 20 Amp. breakers and 50' 10/3 W power entry
cord with 15 Amp. U-ground plug connector.
Sound Shell lighting shall be provided by eight (8) 8' dual tube slimline commercial
fixtures, with fluorescent tubes. Lights shall have single-pin bulbs for security (dual-pin
bulbs not acceptable). Lights are mounted in four (4) rows, two (2) rows at canopy hinge
line and two (2) rows at canopy front edge, for maximum illumination of stage area.
Lights shall be mounted so that they are not visible to audience.
Standard electrical system shall include five (5) Duplex receptacles. One (1) Duplex
receptacle for the control compartment. Two (2) Quad receptacles mounted on columns
at each end of stage, GFI protected.
Electrical panel is rated at 220V/125 Amps. Up to 125 Amps. your limitations will be:
1) available power source, 2) power cord capacity, 3) plug/connectors capacity. See
options section for electrical system upgrades.
STORAGE LOCKERS: Two (2) curbside storage lockers shall be provided and one (1)
mechanical components locker. Compartments shall have sweep out floor for easy
cleaning. Doors shall be welded of 3/16" aluminum and shall have locking stainless steel
'D' ring latches for vandal resistance. Lockers shall contain 37.5 cu. ft. capacity.
Steel lockers shall be deemed unacceptable due to potential rusting if scratched during
transport or storage.
EXTERIOR FINISH: The Sound Shell shall be gloss white overall with a trim stripe
color of red (unless otherwise specified). Optional graphics, logos, and signage are
available on request.
CLEANING: Interior and exterior of Sound Shell may be completely hosed out for easy
maintenance.
DESIGN STANDARDS: The Mobile Sound Shell shall be engineered to the following
codes and regulations:
. Department of Transportation
. OSHA
Sealed professional engineer's letter shall be required with bid certifying deck and wind
load.
Drawings and dimensions of the stage, deck, road height and width and all options must
also be submitted with bid.
9
OPERATION MANUAL: Two (2) operation manuals shall be supplied at time of
delivery.
ON-SITE TRAINING: Two (2) hours of on-site training on all Mobile Showmaster
Stage operations shall be provided by a Factory Authorized Representative within two (2)
weeks of stage delivery within Continental United States.
Non U.S. travel expenses and per deim for training are not include in quoted price.
Training is available overseas by a Factory Authorized Representative upon request.
WARRANTY: Warranty certificate, for a minimum of three (3) years, shall be supplied
bound with manuals with terms and conditions of warranty stated on certificate.
SERVICE: Warranty service provided by manufacturer shall be through on-site factory
service or contract service through a local contractor at the discretion of the
manufacturer. Standard operation maintenance shall be provided by owner through their
own resources. Standard wear components such as tires, brakes, bearings, light bulbs,
hydraulic fluid, batteries, electric system components, and hydraulic system components,
should be locally available through automotive or industrial supply houses.
Manufacturer shall stock all standard wear components or alternatives for a period of ten
(10) years for supply to the customer.
Body and Deck panels are repairable by most automotive or truck body shops if ever
damaged. Repair kit must be available from manufacturer. .
Century Industries shall supply all equipment offered under these specifications to be
new. Used. Shopworn. Demonstrator. Prototype. or discontinued models are not
acceptable.
NOTE: Mobile Sound Shell shall require no hand tools or involve loose nuts & bolts
during set-up or take down for transport.
REFERENCES: Bidder must. demonstrate experience in building Mobile Stages by
supplying references of five (5) customers, names, addresses and phone numbers.
SAMPLES:
1. CD or VHS showing operation and setup of Mobile Sound Shell must be
submitted with bid.
2. Wall and Deck sample must be submitted with bid.
MSM3600 - BASE UNIT........... ............ ... ..$71,165
10
RECOMMENDED OPTIONS:
PREMIUM ANTI-CORROSION PACKAGE UPGRADE for highly corrosive
climates all-steel frame members shall be hot dipped galvanized for best possible
corrosion protection and long life. Package also includes anodized perimeter stage rail,
galvanized deck hinges, stainless steel screws, and pump compartment and control panel
hinges.
20536 36' Stage .......................... ....... ........................ .......... ................................. ......$1,811
PREMIUM STAIR UPGRADE stairs shall be upgraded to aluminum stairs fabricated
of welded 1/8" treadplate aluminum. Adjustable foot pads shall be provided at bottom
stair comers to accommodate uneven ground. Stairs shall attach to movable stage
sections and to all sides of the main folding stage. Removable handrails shall be
anodized aluminum. Stairs shall have fully enclosed risers between treads.
10207 47" wide stairs with handrails, Two (2) @ $232 ea..........................................$464
ADJUST ABLE ACOUSTIC WALL PANELS at stage left and stage right. There shall
be end walls for the trailer which are fully adjustable from fully closed, through 450 to
900 and to 2700. End panels positioned at 900 extends length of stage by 16 feet with
additional DuraDeck stage sections. Adjustable end panels give total shell flexibility for
acoustic effect and appearance. End walls shall act as doors for Stage and shall be fully
lockable and weather sealed against road dirt.
90650....................................................................................... ......$4,951
STAGE DECK SUPPORT TRUSS 36' Full length 19" deep galvanized steel truss
understructure supports fold down stage deck. Hinged truss with links to mainframe
automatically deploys as deck is lowered and insures a level straight deck. Truss
replaces standard multiple support legs and saves time adjusting to irregular ground.
90636 36' Stage ........................................................................................................... .$680
11
DSS, Inc.
1709 NW 79th Avenue
Miami, FL 33126
TEL: (305) 639-6055
FAX: (305) 639-6056
Estimate
Date
Estimate #
2/13/2006
61
Name I Address
City of Delray Beach Fleet
Accounts Payable
Fleet Maintenance
100 NW 1 st Street
Delray Beach, FL 33444
Rep Project
TFD
Description Qty Rate Total
WH-SS8RRBB LFL SERIAL CONTROL LIGHTBAR I 1,915.00 1,915.00
WH-SSDRB DIRECTIONAL LED'S I 0.00 0.00
WH-SSH2C TAKEDOWN LIGHTS 1 0.00 0.00
WH-SSAL Y ALLEY LIGHTS 1 0.00 0.00
WH-MKEZ47 MOUNT KIT CV 1 0.00 0.00
WH-MPCOI MULTI-FUNCTION CONTROLLER 1 0.00 0.00
WH-BL627 REMOTE SIREN AMPLEFIER FOR MPCOl 1 0.00 0.00
WH-SWGKBT SWING-A WAY BRACKET FOR MPCOl I 0.00 0.00
Whelen S690CCCCSP 90-Watt Undercover Strobe Package wi 1 177.75 177.75
2-15',2-30' Cables
Whelen UHF2150A Headlight Flasher 1 24.35 24.35
Whelen SA314P 100 Watt Speaker I 115.00 115.00
Whelen SABKT 17 Speaker Bracket, CV I 0.00 0.00
Whelen TLNIR Talon Super-LED Red 1 105.85 105.85
Whelen TLNIB Talon Super-LED Blue I 105.85 105.85
Whelen TLNCV5RB Rear Deck Talon '05 CV RedIBlue 1 221.75 221.75
Havis-Shields C-3190 Pull-out Tray CV I 92.75 92.75
Sound OffETRRSS-P Road Runner Solid State Wig Wag Flasher 1 35.25 35.25
Go Rhino 5000 Series Push Bumper '03-'05 CV 1 135.80 135.80
Sound Off ETISSO- P Ignition Security System 1 57.05 57.05
Streamlight 26120 SL-20X with DC 1 69.50 69.50
Setina Partition, Horizontal Sliding Window Feature wlLexan 1 344.19 344.19
Setina FLEP full lower extension panel 1 0.00 0.00
Able 2 12 volt, 3-0utlet Plug 1 10.85 10.85
Whelen TLNS2RB Dual Talon Super-LED wi Synchronize Wire 1 194.00 194.00
INCLUDES TLNBKTl MOUNTING BRACKET
Custom Installation of Equipment 850.00 850.00
**** This quote is for 7 cars only
Estamated freight charges for 7 ea. Setina partions & FLEP panels 499.00 499.00
$4,953.94 I
Estimate is valid 30 days from date.
Thank you for your business!
I Total
ADDITIONAL OPTIONS:
EXTERIOR SOUND SHELL GRAPIDCS ALLOWANCE custom graphics, logos
and signage on stage body to promote your organization.
70002 Graphics Allowance....................... ....... ........ ............... ............. ........ .... ..... ..Request
HANDICAPPED ACCESS LIFT mounts at rear Mobile Sound Shell door opening to
provide wheelchair access to the stage deck. Lift is hydraulically operated controlled by
a remote pendent on a 6' cord. Lift platform is 45" long x 30" wide, with a non-skid
surface. Lift folds inside Mobile Sound Shell body during transport. Lift capacity is 750
lbs. Operates at 48" deck height.
10209.......................................................................................................................... .$6,323
HYDRAULIC LEVELING/SUPPORT UPGRADE provides four (4) 16,000 lb.
maximum lift capacity hydraulic operated adjustable mainframe jacks. Jacks shall be
capable of adjusting stage from 48" to 61", and be controlled from the remote control
pendant. Each jack shall have a high flotation 12" x 12" foot. Jacks shall swivel to
prevent damage during transit. Included with this option the 12VDC electrical system is
upgraded to a 24 VDC electrical system which increases the number of 6VDC batteries to
four (4).
90550...................................................... .................................................................... .$6,532
HYDRAULIC IDTCH JACK provides a 16,000 lb. maximum lift capacity jack, in
place of manual crank jack, that is operated by push button control. Jack allows quick,
easy and safe disconnection from towing vehicle. Power is provided by stage battery
system.
84444.. .. . . . . .. . . . . .. . . .. . . . .. . . . . . . . . . . . . . .. . . . .. .. . .. . . .. . .. . . . . .. . . . . . .. .. . . . .. . . . . . . . .. . . .. .. .$1 ,520
WIRELESS REMOTE CONTROL permits untethered operation ofthe ShowMaster
Mobile stage, reducing set up time through improved efficiency while enhancing
operational safety. Compact 12 button remote control operates stage through discrete
frequency and ID codes for safety, to provide remote operation of the stage canopy, stage
deck, and optional hydraulic leveling/support jacks. Wireless remote control permits
stage operator to roam freely around the stage during stage setup and tear-down to
maintain an optimum viewing angle. Safety buttons and a removable key offer additional
security by preventing unauthorized operation. Shock and water resistant controller has
an operating range of 330 ft., and operates on (6) readily available AA batteries for
approximately 40 hours.
A shock resistant 24VDC receiver with integrated antenna is built into the mobile stage,
providing the commands to the stage's hydraulic actuation system. Receiver may be
switched off during times other than when needed to prevent unintended system
actuation.
90551......................................................................................... .$1,500
12
ENCLOSED 7,000 WATT GENERATOR, 120V/56.7A gasoline powered, air cooled
generator is frame mounted in exterior compartment with sound proofing. Generator is
mounted on a 4 point focalized vibration isolators to virtually eliminate vibration.
Includes hour meter, electric start and fuel tank. Approximately 56dB(A).
51002............... ......................... ......... ...... ............. ... ... ..... .... ..... ....$7,198
DECK TIE-DOWNS secures items transported inside stage. Tie-down is recessed and
flush style.
11003 Six (6) @$82 ea. ............................................................................. ...................$492
DECORATIVE STAGE SKIRT enclosing lower portion of fold-down stage deck,
includes: Boucle skirt constructed of 100% synthetic fiber for maximum weatherability,
mildew resistance, soil resistance, easy care and handling. Skirt shall be fire retardant.
Skirt is heavily weighted with 3/16" link coated chain to prevent excessive swaying.
Skirt color shall be owner's choice.
56060 For Main Stage, 64 ft. @ $26ft. ......................................................................$1,664
DECORATIVE STAGE SKIRT enclosing lower portion of fold-down stage deck,
includes: Boucle skirt constructed of 100% synthetic fiber for maximum weatherability,
mildew resistance, soil resistance, easy care and handling. Skirt shall be fire retardant.
Skirt is heavily weighted with 3/16" link coated chain to prevent excessive swaying.
Skirt color shall be owner's choice.
56060 For 4x8 Stage Sections, 16 ft. @ $26/ft.............................................................$416
PORTABLE 4' X 8' ALL WEATHER EXTENSION SECTIONS constructed of
weather-resistant OuraOeck with non-slip top surface texture. Each section shall be
framed with a rust-free heavy-duty extruded 7" high aluminum channel. Sections shall
attach to each other, to stage deck perimeter, and shall accommodate portable stairs.
Free-standing extension sections are supported by four (4) adjustable legs, permitting
height adjustment or accommodation of uneven ground. Each leg has both fine and
coarse height adjustment. Includes three (3) connector clamps per section.
20202 Nine (9) @ $815 ea. .................... ....................................................................$7,335
60" EQUIPMENT STORAGE LOCKER provides secure storage for equipment in a
large weather-tight compartment. Locker door is attached to frame by concealed hinge
and is secured by large stainless steel "0" ring latch with keyed lock. Compartment door
is weather sealed.
10235........................................................................................ ................. .............. ...... .$871
ELECTRICAL STAGE UPGRADE PACKAGE #1 Receptacles and panel upgrade
for MSP, MSM & MGM; includes Base Electrical Package plus the following:
. Main Breaker and ten (10) additional circuit breakers in panel.
. Sixteen (16) receptacles mounted in canopy front over eight (8) circuits.
. Two (2) Duplex receptacles mounted in canopy rear over two (2) circuits.
. Power cord, upgrade to 50' 6/4 W.
42201......................................................................................................................... ..$2,274
13
EXTERIOR FLOOD LIGHT provides light for safety and working during night hours.
Light has a shock-absorbing weatherproof body that will not rust, dent, or scratch. Light
is fully adjustable for aiming. 12VDC/3.2 Amps. switch controlled, self-contained
operation provides light when stage is not plugged into AC power source. Lights are
mounted on stage curbside and hitch end to allow nighttime loading and safe towing
hook-up.
40028 Three (3) @ $13gea. ........................... ................................................................$417
COMPARTMENT LIGHT mounted inside Mobile Sound Shell, provides light for
working or loading during night hours. Switch controlled light has high and low light
settings. Self contained operation provides light when Mobile Sound Shell is not plugged
into AC power source. 12VDC/.59/1.34 Amps.
40029 Two (2) lights @ $125 ea. ..................................................................................$250
THEATRICAL LIGHT SUPPORT BAR extends and supports theatrical light fixtures
from the front edge of the stage canopy. Each weather resistant stainless steel "T" -bar
support holds up to four (4) par fixtures, and pivots into canopy (with lights attached) for
secure storage when not in use. Note: lights not included, see optional lighting packages.
. One (1) pair of support bars is required for Basic & Lighting Package #1 (total of
eight (8) fixtures).
. Two (2) pair of support bars are required for Intermediate & Lighting Package #2
(total of sixteen (16) fixtures).
42101 Per Pair @ $801 ea. ................................. ......... ................... .......... ...... ........... ....$801
BASIC THEATRE LIGHTING PACKAGE Eight (8) Par 38 Cans with clamps and
gel frames.
. Eight (8) 300W medium angle bulbs.
. Six (6) Gel sheets in assorted colors.
(No dimmers or controller, lights plug directly into switched outlets.)
(Note: Theatrical Light Support Bars #42101 are sold separately.)
42004.......................................... ............................................................................ ..... .$1,176
INTERMEDIATE LIGHT PACKAGE Sixteen (16) Par 64 Cans with clamps and gel
frames.
. Sixteen (16) 500W Medium Angle Bulbs.
. Twelve (12) Gel sheets in assorted colors.
(No dimmers or controller, lights plug directly into switched outlets)
(Note: Theatrical Light Support Bars #42101 are sold separately.)
42005.................................................................... ......... ............................................ ..$2,544
PROFESSIONAL THEATRE LIGHTING PACKAGE #1 Two scene
controller/dimmer package operates from two (2) 20 Amp.l110V, receptacles. Slant top
14
controller shall have eight (8) professional slide dimmer controls per scene, cross-fader,
bump buttons on all channels, LED channel level indicators, master blackout,
independent master slider and full one (1) year limited warranty.
. Two (2) 2,400 Watt dimmer packs, each have four (4) 1,000 Watt channels per
dimmer.
. Eight (8) Par 56 Cans with clamps and gel frames.
. Eight (8) 500W Medium Angle Bulbs.
. Six (6) Gel sheets in assorted colors.
. Two (2) 50' control cables.
(Note: Theatrical Light Support Bars #42101 are sold separately.)
42006. ............. ............ ........... ........ ............................ ...... ................... ............ ...... ..... ..$3,204
PROFESSIONAL THEATRE LIGHTING PACKAGE #2 Programmable 24 channel
controller/dimmer package. Controller shall have Two (2) banks of Twenty-Four (24)
faders, bump buttons on all channels, LED channel level indicators, programmable cross-
fading, master blackout, independent master slider. MIDI in, out and thru jacks for
synchronization control. Includes full one (1) year limited warranty.
. Four (4) 3,600 Watt dimmer packs, each have six (6) 1,800 Watt channels per
dimmer.
. Sixteen (16) Par 64 Cans with clamps and gel frames.
. Sixteen (16) 500W Medium Angle Bulbs.
. Twelve (12) Gel sheets in assorted colors.
. Two (2) 25' control cables to go from dimmer 1 to 2 and 2 to 3.
. One (1) 100' control cable to go from controller to dimmer 1.
(Note: Theatrical Light Support Bars #42101 are sold separately.)
42009........................................ ............................................................ ............ ........ ...$7,102
PRO-SOUND SYSTEM #1210 Watt (into 4 Ohms.) full range powered mixer with six
(6) low Z balancedlhigh Z input channels, independent stage monitor mix, high quality
spring reverb, patchable nine (9) band graphic equalizer. Portable rugged enclosure with
handle.
. Two (2) integrated constant directivity speakers. Speakers are high-power, 240 Watt
continuous, wide frequency range. Two-way with 12" woofer and constant
directivity horn. Rugged speakers have interlocking corner guards, protective steel
mesh grills, durable carry straps, gray texture finish.
. Two (2) unidirectional Microphones with spherical windshield, on/off switch, and
balanced low impedance connectors, two (2) 50' shielded cords with two (2) Atlas
microphone stands.
. Two (2) Ultra-Support 9' high telescoping aluminum tripod stands, two (2) 50'
speaker cables.
. 41106 120V /60Hz. ............................................................................. .... .... ...........$2,274
15
PRO-SOUND SYSTEM #2 Ultra-Compact Europower PMH5000 2 x 400-Watt 20-
Channel powered Mixer with Dula 24-Bit Multi-FX Processor and FBQ Feedback
Detection System.
. Two (2) integrated, 240 Watt, constant directivity speakers.
. Four (4) unidirectional microphones, four (4) 50' shielded cords with four (4) Atlas
microphone stands.
. Two (2) Ultra Support 9' telescoping aluminum tripod stands, and two (2) 50'
speaker cables.
41105120V/60Hz.............. ...... ............. ...... .............. ...... ........... ..... ....$3,292
PRO SOUND SYSTEM #3 professional, 20-channel powered mixer featuring (3)
200W (@ 4 Ohms) amplifiers, two nine-band graphic equalizers, built-in crossover, LED
level meter, (16) stereo digital effects, (14) balanced mic inputs,(3) stereo channels,
feedback locators, effects time and color control, and metal cover.
. Four (4) high performance weather resistant two-way speakers with telescoping
tripod stands, 1400 Watt, 12" woofer, compression driver with 90 x 45 degree
constant directivity horn, high frequency driver protection circuit, 72 Hz - 18 kHz
response. Package includes (2) 50ft speaker cables.
. (2) microphones with stands and 50ft mic cables.
. (1) one CD player.
41108 ..... ...................... ................................. .......................... ................................... .$3,569
FIXED ACOUSTIC PANELS shall be provided, along back wall and end panels of
stage. Panels shall have an angular faceted (stealth) geometric side to limit back wall
reflection into the sound system when sound reinforcement is provided (with mikes,
amplifiers or speakers). The wall should not reflect sound back past the performer
because the reflected sound will arrive into the microphone a split second later, causing
distorted or "muddy" sound. In this case, the back wall, should absorb the sound or
deflect it in a different direction.
90660. . . . . .. . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . .. . . . . . .. .. . .. . . . . . . . .. . . . . . . . . . . . . . . . . .. .. ..$3,837
16
r
Century
Industries
September 01,2006
1-65 & Hwy. 311
P.O. Box U
Sellersburg, IN
47172-0919 USA
Joe Weldon
Delray Beach
64 S.E. 5th Ave.
Delray Beach FL 33483
RE: Mobile Sound Stage
Dear Mr. Weldon
Century Industries provided City of Largo a 5% discount on the base stage price along with the
Additional Options requested for their mobile stage.
Century Industries will be honored to provide the City of Delray Beach with the same discount
pricing if interested in piggybacking off this contract.
Attached is the prices we provided to the City of Largo and a copy of our current factory
Direct list prices to compare to if needed.
If you have any questions, please contact me. Thanks again for this opportunity to work
with you.
Sincerely,
7Y~~~
Michelle McRae - Sales Manager
Telephone 812/246-3371
Ext.12
Customer Service 800/248-3371
FAX 812/246-5446
michelle@centuryindustries.com
www.centuryindustries.com
PORTABLE STAGE
Century
Industries
BID # 06-P-137
January 18,2006
City of Largo
Largo City Hall
201 Highland Ave.
Largo, FL 33770
DESCRIPTION: MSM3600 "SHOWMASTER SERIES"
. 36ft long Enclosed Stage Body
. IS" deep steel channel mainframe
. 60,000 lb. capacity pintle towing coupler
. 25,000 Ib capacity crank tongue jack
. Triple axle suspension with (6) high flotation tires, electric brakes
. (4) 25,000 Ib capacity comer leveling jacks
. Frame mounted level gauges
. . Rugged, all-weather FRP sound shell enclosure
. 36ft fold-down stage deck with skid resistant surface pattern, leveling legs, 1251b. live load capacity, hydraulic operation
. Stage canopy extends beyond main stage for maximum protection, hydraulic operation with safety locks
. Self-contained 12VDC hydraulic system with remote operation pendant
. Curb-side frame-mounted locking compartments for hydraulic and electrical systems
. (2) diamond plate steel stairs with enclosed risers and hand rails
. Highway lighting package with DOT marker and signal lights
. AC electric system with power cable, breaker panel, receptacles, and (2) rows of dual tube fluorescent stage lighting
. Gray stage deck color to reduce heat build-up from the sun
. Gray stage interior for reduced glare and enhanced neutral appearance
. White Tedlar exterior coating for UV protection and vandal resistance
20536
10207
90650
90636
90550
84444
90551
51002
56060
56060
20202
10235
42201
40028
40029
42101
MSM3600 - BASE UNIT -
$67,429
Premium Anti-Corrosion Package Upgrade
Premium Stair Upgrade, Two (2) @ $220 ea.
Adjustable Acoustic Wall Panels
Stage Deck Support Truss
Hydraulic Leveling/Support Upgrade
Hydraulic Hitch Jack
Wireless Remote Control
Enclosed 7,000 Watt Generator
Decorative Stage Skirt, 64 ft., @ $25/ft.
Decorative Stage Skirt, 16 ft., @ $25/ft.
4' x 8' All-Weather Extension Sections, Nine (9) @ $774 ea.
60" Equipment Storage Locker
Electrical Stage Upgrade Package # 1
Exterior Flood Light, three (3) @ $132 ea.
Compartment Light, two (2) @ $118 ea.
Theatrical Light Support Bar, Per Pair @ $759 ea.
$1,716
$440
$4,691
$646
$6,189
$1,440
$1,425
$6,820
$1,600
$399
$6,966
$825
$2,155
$396
$236
$1,518
1
42008
11003
99999
99999
99999
Professional Light Package #2 ( No Par lights)
(6) Deck Tie-Downs
(16) Source Four Par Lights
Back Wall Light Bar
Speaker Bars (Rated 600lbs) @ $380 ea.
$5,118
$468
$2,738
$989
$760
Total $114,964
FOB Delivery to Largo, FI $2,036
Total $117,000
2
01905 Pz
{"-'il'.
V....'......'.........;.:..;.....~.\1i..~. ~
.Q;- ....'..- . ""'"
:5 ~lil.... ~
City of Largo, Florida
Post Office Box 296, Largo, Florida 33779-0296
Office of Management and Budget
(727) 587-6727
FAX (727) 586.7420
February 14, 2006
Century Industries, LLC
Ms. Mic~,f:iid r..'Ci't5&
1- 65 & HWY 311
P.O. Box U
Sellersburg, IN 47172- 0919
RE: RFP # 06- P-137 PORTABLE STAGE
Dear Ms. McRae:
The City of Largo is pleased to announce the award of the above referenced RFP, to your
company. Purchase Order 46897 in the amount of $117,000.00 is enclosed.
The City of Largo wishes to extend its appreciation to you for taking an interest in the City and
in the bidding process.
If you have any questions concerning this RFP, please contact the Office of Management and
Budget at (727) 587- 6727.
Please reference the RFP NAME and NUMBER above on any and all correspondence to the
City.
Sincerely.
THE CITY OF LARGO
~07L c.uJwa-bm
Joan Wheaton, Procurement Analyst
Office of Management and Budget
Attachment
CITY (,fi" LARGO
P.O. BOX 296
LARGO. FL 33779-0296
727/587 -6727 Fax 727/586-7420
PURCHASE ORDER: 46897
Page: 1 of 2
...**** VENDOR *****
CENTURY INDUSTRIES, LLC
1.65 & HWY 311
P.O. BOX U
SELLERSBURG IN 47172-0919
***** DELIVER TO *****
CITY OF LARGO
PARKS. GREG WRIGHT
323 CENTRAL PARK DRIVE
LARGO, FL 33771
Due FOB Tenns CustomerK
03/16/06 LARGO NET
Vendor No.. Vendor Phone Vendor Fax.
18692-1 812/246-3371 12 812/246-5446
No Quantity VIM Description Unit Price Extended OIL Account
1 1. 00 ea Portable Stage RFP # 06-P-137 117,000.0000 117,000.00 01-572-4595-64
36ft long Enclosed Stage Body
18. deep steel ch mainframe
60.000 lb. capacity pintle
towing coupler
25,000 Ib capacity crank
tongue jack
Triple axle suspension with
(6) high notation tires,
electric brakes
(4 ) 25.000 lb capacir:y corner
leveling jacks
Frame mounted level gauges
Rugged. all-weather E'RP sound
shell enclosure
36 ft fold-down stage deck
with skid resistant surface
pattern. leveling legs,
1251b. live lead capacity
hydraulic operation
Stage canopy extends beyond
main stage for maximum
protection, hydraulic
operation with safety locks
Self-contained 12VDC hydraulic
system with remot.e operation
pendant
Curb-side frame-mounted loc:kin
compartments for hydraulic and ;
electrical systems
{2l diamond plate steel stairs
with enclosed risers and
hand rails
Highway light ing packagE wit.h
VENDOR INSTRUCT10NS:
1. Mail Invoices co: ("ITY OF LARGO
P.O. EOX 296
LARGO, FL 33779-0296
SPECTAL INSTRUCTIONS:
".??ROVED W( C(),~MISSION: 2/7/06
2 Invoices and Packages must bear che P.O. No. Above.
3. P:.rrchdses may not exceed the total amount: of t.his
o):-der without.: prior approval by t.he Office of Mgmt & 31.1dge.:t.
4. Acceptallce of ctiis order incllldes acceptance of all terms,
prices, deliveryi.nscruct.ions, specificaticr::s and conditions_
5 State Tax Exemptff: 9975387 1 EIN: 59-5000360
6_ :U: you h,::ve quest._i,C!i:;, please call 727/587-6727
Approved By
ORlG1NAL
CITY O~' LARGO
P.O. BOX 296
LARGO, FL 33779-0296
727/587-6727 Fax 727/586-7420
PURCHASE ORDER: 46897
Page: 2 of 2
***** VENDOR *****
CENTURY INDUSTRIES, LLC
1-65 & HWY 311
P.O. BOX U
SELLERSBURG IN 47172-0919
***** DELIVER TO *****
CITY OF lARGO
PARKS - GREG WRIGHT
323 CENTRAL PARK DRIVE
LARGO, Fl 33771
Due
03/16/06
FOB
LARGO
Terms
NET
Cusromer#
Vendor No.
18692-1
Vendor Phone
812/246-3371 12
Vendor Fax
812/246-5446
No Quantity U1M Description Unit Price Extended G/L Account
IXIT marker and signal lights
AC electric system with power
cable, breaker panel,
receptacles and (2) rows of du
dual tube fluorescent stage
lighting
Gray stage deck color to
reduce heat build-up from
the sun.
Gray stage interior for
reduced glare and enhanced
neutral appearance
White Tedlar exterior coating
for UV protection and
vandal resistance
.
*
.
.
.
.
CONTACT : GREG Wi<IGHT
TELEPHONE: 727-586.7415
-- ----... -- -
.- TOTAL .. 117.000.00
,
VENDOR INSTRUCTIONS:
1. Mail Invoices to, CITY OF [,ARGO
P.O. BOX 2%
r..,.\RCO, PL 33779-0296
S?ECIAL INSTRUCTIONS:
AFPROVED BY COM/o1ISSION, 2/7/05
2. In'lc.ices and Packdges muse bear the P. 0 _ No. Above.
3. Purchases may :lot exceed i.:t!€' total amount of this
order without pLi,or approval by the Office of Mgmt & Budget
4. Acceptance of ~his order :ncllldes acceptance of 311 cerms,
i.::.r ic:es I del ivery ir:.stY'uctions:, specifications and condi ti.oJ1s_
5. S~aLe Tax Exernptff: 99'75387 1 EIN: 59-6000360
'5. :f yo~ 11,::,0e: questlons, ple:ase c..'!.l] 727/587 i5727
~wJw- /.-
--- ----------~_.-
Appn:..ved By
ORICrINAL
Date: Sept. 19, 2006
AGENDA ITEM NUMBER: S. ~
AGENDA REQUEST
Request to be placed on:
_Consent Agenda ~Regular Agenda _Workshop Agenda _Special Agenda
When: October 3, 2006
Description of Agenda Item (who, what, where, how much): Request approval
to purchase mobile stage from Century Industries in the amount of $128,019.00,
piggybacking the bid of the City of Largo, Florida. Our previous stage was
damaged beyond use by Hurricane Wilma. This is to be funded out of account #
551-1575-591-45.50 (insurance fund - claim account).
City Attorney Revie
U~
Department Head
Signature:
ecommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: r:r;;J No Initials: tJ;;I;:;
Account Number ~t:;:I- /57 S""'-s;9-l '-l~- SO
Description f ~ ~ (JJ)) rn .s
Account Balance:
Funding Alternatives: (if applicable)
City Manager Review:
Approved for Agenda: 8' No Initials: ~
Hold Until:
Agenda Coordinator Review:
Received:
MEMORANDUM
TO:
David Harden, City Manager
FROM:
Barbara Schooler, Utilities Financial Manager
Joseph Safford, Finance Director !f1../)J
~.~J-~-
THROUGH:
DATE:
September 28, 2006
SUBJECT:
Outsourcing - processing ofthe Utility Bills
Item Before Commission:
City Commission is requested to approve award of an agreement for the outsourcing of
the processing of the City's Utility Bills to Globe Marketing. Agreement effective date
11/1/06, ending 10/30/07. The agreement may be renewed upon the written consent of
both parties. The estimated annual cost is $104,500.
Background:
The City of Delray Beach is currently processing the City's Utility Bills in-house.
The difference between the costs of outsourcing compared to processing the bills in-
house will be approximately $10,000 more per year.
One of our major reasons for outsourcing is that we are experiencing continuous
difficulty with the folder inserter machine causing delays in sending out the bills. In
addition to the delays, our repair costs have increased above and beyond the cost of the
maintenance agreement for the machine exceeding $800.
We have received pricing quotes from three different firms and we selected Globe
Marketing. Globe Marketing is a local vendor which will ensure that the bills will be
processed in a timely basis. The firm has two large folder inserter machines with the
ability of inserting up to six additional items. In the case of a major catastrophe such as a
hurricane, the firm has a back-up facility in the state of Washington. In addition, Globe
Marketing was the low bid.
Recommendations:
The Utilities Customer Service staff recommends the award to Globe Marketing at an
estimated cost of$104,500.
Funding from the Utilities Customer Service expense budget. Agreement effective date
11/1/06, ending 10/30/06 with renewal upon the written consent of both parties.
Attachments: Globe Marketing Agreement
Cost Analysis
s. s . 3
Page 1 of 1
Smith, Douglas
From: Shutt, Brian
Sent: Friday, September 29, 2006 1 :50 PM
To: Smith, Douglas
Doug, I had requested certain changes on the Globe Marketing Systems agreement and they have made those changes. The
agreement is ok.
R. Brian Shutt
Assistant City Attorney
200 N.W. 1st Avenue
Delray Beach, FL 33444
(561 )243-7091
Fax (561 )278-4755
shutt@ci.deJrav-beach.f1.us
9/29/2006
lelJe
Systems
A FULL SER VICE MAIL PROCESSING COMPANY
PRINT & MAIL PROCESSING AGREEMENT
Globe Marketing Systems
11950 NW 39 Street STE B
Coral Springs FL 33065
CLIENT NAME
City of Delay Billing Department
100 North West 1st Avenue
Delray Beach FL 33444
1.1 SERVICES
The professional services furnished by GMS to Client shall include the weekly laser printing and mailing of all
billing statements as specified in this Service Agreement, and addendums.
2.1 TERMS
This Agreement shall become effective on November 1, 2006, and shall last for a term of twelve (12) months. This
Agreement may be renewed upon the written consent of both parties. The parties will enter into a discussion
regarding renewal of this Agreement at least one month before its termination.
3.1 PRICING
The prices for the services are described and listed in the Service Agreement Addendum. Any related postal
increases will be applied on the effective date, including any necessary increases in Postage Advance.
4.1 POSTAGE
A Postage Advance based on Client's estimated monthly volume must be deposited into Client's permit account at
the Fort Lauderdale General Mail FaCility prior to delivery.
5.1 PAYMENT TERMS
Payment for services is due upon receipt of invoice from GMS. Payment is due upon receipt and is late if not paid
within 30 days. Any dispute must be presented in writing within sixty (60) days from the date of the receipt of the
invoice or the invoice will be deemed correct and irrefutable. Client must make payment according to the contract
notwithstanding the fact that the dispute period is not concluded.
6.1 CONFIDENTIALITY
GMS acknowledges that it may receive non public personal information about Client and Client's customers during
the course of this Agreement. GMS warrants that GMS, its officers, employees and agents will (a) hold in strictest
confidence all information in any way related to Client and Client's customers, including. But not limited to, names,
address. telephone numbers, account numbers and all other nonpublic personal information regarding any
customer; (b) not use such information for any purpose other than providing the services set forth in the
Agreement; and (c) not provide any information about Client or Client's customers to any other party without
Client's prior written consent, except as permitted by applicable federal and state laws and regulations, as
amended from time to time. It is the express intent of the parties that these warranties set forth in this paragraph
of confidentiality be construed broadly and comprehensively. All warrants set forth in this paragraph shall survive
termination of this Agreement for any reason.
7.1 TAXES
The City shall not be responsible for any taxes of any nature regarding the terms and conditions of this Agreement.
GMS will have the right to terminate this agreement if a new tax is imposed or a current tax increased on any
taxable services provided to the Client after providing 45 days notice to the city.
8.1 ENTIRETY OF AGREEMENT
This Agreement, including the attached Addendum(s) incorporate herein, is the entire understanding between the
parties and there is no other agreement or understanding, verbal or otherwise, except as set forth herein.
9.1 Early Termination
11950 NW 39 Street STE B 4J Coral Springs FL 4J 33065 4Jp 954-753-7173 4J ElM bit@flsearch.com
This Agreement may be terminated with the reservation of all other remedies and rights hereunder in whole or in
part, upon the following conditions:
(i) If Client fails to pay GMS for Services within ten (10) days after the notice to Client of failure to pay as required
under this Agreement, or if Client otherwise defaults in its obligations hereunder to GMS, and such failure
continues for ten (10) days after notice from GMS to Client of the default, then Client shall be in default hereunder.
Upon default by Client and notice as required hereunder, GMS may immediately terminate its Service under this
Agreement by a second notice to Client following the tenth day.
(ii) If GMS fails to meet the service levels set out in the Terms and Conditions and such failure continues for thirty
(30) days after notice to GMS of the default, then GMS shall be in default hereunder. Client may then immediately
terminate this Agreement by a second notice to GMS following the thirtieth day after the above referenced notice
has been given. The City may terminate the Agreement if GMS is in breach of any term or condition of the
Agreement and such breach continues for thirty (30) days after notice is provided to GMS.
(iii) Either party may terminate this Agreement upon the other Party's making of an assignment of its assets for
the benefit of creditors, or upon the application for the appointment of a receiver or trustee of the assets of the
other Party.
(vi) This Agreement may be terminated by either Party on or after the thirtieth (30) day following the giving of
notice that the other Party's performance is prevented or delayed by a force majeure.
(v) The City may terminate this Agreement upon 30 days' notice to GMS with or without cause.
10.1 DISCLAIMER
GMS makes no warranties, express or implied, as to the fitness, design, or capacity of the data provided by Client.
In no event shall GMS be liable for special or consequential damages arising from the provisions of this
Agreement, including, without limitation, malfunction of the software; errors or omissions with respect to the
information maintained and/or furnished by the Clients personnel.
The Client will be responsible for providing current, accurate and complete data to GMS. GMS will be responsible
for re-formatting data, laser printing and mailing of utility bills provided by client.
GMS shall not be considered in default due to any failure in performance of this Agreement should such failure
arise out of causes out of its control and without its fault or negligence. Such causes may include, but are not
limited to, acts of God or a public enemy, acts of the Government in either its solvent or contractual capacity, fires,
floods, epidemics, earthquakes, quarantine restrictions, strike, freight embargoes, unusually severe weather
conditions, or change to the U.S.P.S regulations.
The laws and regulations of the state of Florida, as amended from time to time, govern this agreement. Venue for
all disputes shall be in the courts in Palm Beach County, Florida.
GMS shall defend, indemnify and hold harmless the City, its officers, employees and agents from all claims, suits
or other causes of action, at all trial and appellate levels, from GMS's negligence.
11.1 GENERAL PROVISIONS
Both parties are and shall be independent contractors with respect to the terms, provisions and operation of this
Agreement. Nothing contained herein and no act done pursuant to this Agreement is intended to or shall be
construed to create a partnership, joint venture employment, principal agent or similar relationship between GMS
and Client. In no event shall either party have the right or power (whether express or implied) to make any
representation or warranty (express or implied) on behalf of the other party or otherwise to bind the other party in
any way whatsoever.
In the event that any paragraph of this Agreement or portion thereof is held by a court to be invalid or
unenforceable for any reason, the other paragraphs and portions of the Agreement shall not be invalid or
unenforceable and will continue in full force and effect.
11950 NW 39 Street STE B 4J Coral Springs FL 4J 33065 4Jp 954-753-7173 4J ElM bit@flsearch.com
No provisions of this Agreement shall be amended or modified except by an instrument in writing signed by
authorized representatives of both GMS and Client.
A party's failure to exercise any right hereunder shall not operate as a waiver of that right. All rights and remedies
of a party herein shall be cumulative and not alternative. No course of dealing between the parties shall operate
as a waiver by a party of any right, remedy, power or privilege of that party. Waiver by a party of any breach or
default of another party of the terms of this Agreement shall not be deemed to nor shall the same constitute a
waiver of any subsequent breach or default on the part of that party.
Notices shall be in writing and sent by registered or certified mail, overnight courier or via facsimire. Notices shall
be effective upon receipt by the receiving party. Notices shall be sent to the addresses set forth above. Either
party may change the party's address for notices by sending notice of such change in accordance with this
paragraph.
This agreement is an agreement by and between GMS and Client, for their benefit and the benefit of their
successors. No party shall assign the duties and obligations under this Agreement without the prior written
consent of the other party.
By signing below, GMs and Client agree to the terms and conditions provided above.
Globe Marketing Systems
City of Delray Beach
Signed:
Signed:
Printed Name:
Dwie:ht Jewett
Printed Name:
Title:
President
Title:
Date:
Seotember 22.2006
Date:
11950 NW 39 StreetSTE B ~ Coral Springs FL ~ 33065 ~P 954-753-7173 ~ ElM bit@flsearch.com
SERVICE AGREEMENT ADDENDUM A
Globe Marketing Systems ("GMS") and City of Delray Beach (Client) have entered into a Service Agreement
("Agreement") wherein GMS will provide Client with certain business services and products. This Servicing
Agreement Addendum defines and prices those services and products and is hereby incorporated into the
Agreement. These services and products are defined and priced as follows:
LASER PRINTING AND MAILING SERVICES
City of Delray Beach utility billing - Includes data reformatting, CASS certification of file, delivery point Barcode
application, OMR encoding, monochrome (black) laser printing, folding, inserting statement with BRE envelope,
marketing insert(s) when applicable, sealing and entering at the Fort Lauderdale GMF within 72 hours of receipt of
data. Price of forms and envelopes could vary based on paper cost fluctuations.
Data processing
No Charge
Laser printing
Optional Duplex
$0.05 per image
$0.02 per page
Mailing Services
$0.026 per bill
Inserting
$.0075 per insert
Globe Marketing Systems
City of Delray Beach
Signed:
Signed:
Printed Name:
Dwie:ht Jewett
Printed Name:
Title:
President
Title:
Date:
Seotember 22. 2006
Date:
11950 NW 39 Street STE B 11/J Coral Springs FL 11/J 3306511/JP 954-753-717311/J ElM bit@flsearch.com
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AGENDA ITEM NUMBER:
8.3
AGENDA REQUEST
Request to be placed on:
Date:
~ Consent Agenda _ Special Agenda _ Workshop Agenda
Description of agenda item: City commission is requested to approve award of an agreement for
the outsourcing of processing of the City's Utility Bills to Globe Marketing. Agreement effective date
11/1/06, ending 10/30/07. The agreement may be renewed upon the written consent of both parties.
The estimated annual cost is $104,500.
NO_X
NO_X
ORDINANCE/RESOLUTION REQUIRED:
YES
Draft Attached:
YES
Recommendation:
The Utilities Customer Service staff recommends the award to Globe Marketing at an estimated cost
of $104,500.
Funding from the Utilities Customer Service expense budget.
Funding from account code: 441-5112-514.90
Department Head Signature: /J;~ ~.
I
Determination of Consistency with Comprehensive Plan:
fWV
City Attorney Review/Recommendation (if applicable):
Budget Director Review (~n all items involving expendRure of funds):
Funding available: s _X W No
Funding alternatives: (if applicable)
Account Number: _441-5112-536-34.90
Account Description: Other Contractual Services
Account Balance: $ f; /0 ~ 500 'Y{vL 0.tLrc. S~
City Manager Review:
~ ~J1
Approved for agend& t/ /"" / No
Hold Until:
Agenda Coordinator Review:
Received:
Action:
Approved
Disapproved
:t1
HUMAN RESOURCES
MEMORANDUM
TO: Doug Smith, Assistant City Manager
FROM:
Shirley Goddard. Assistant Human Resources Director ~
DATE: September 28, 2006
SUBJECT: THE PROFESSIONAL FIREFIGHTERs/PARAMEDICS OF PALM
BEACH COUNTY, LOCAL 2928 FORMERLY THE INTERNATIONAL
ASSOCIATION OF FIREFIGHTERS, LOCAL 1842 - MEMORANDUM
OF UNDERSTANDING
The attached Memorandum of Understanding between the City of Delray Beach and the
Professional Firefighters/Paramedics of Palm Beach County, Local 2928, formerly the
International Assodation of Firefighters & Paramedics, Local 1842 has been ratified.
Kindly place the Memorandum of Understanding on the City Commission Agenda for
October 3, 2006.
Cc: Lanelda Gaskins, Executive Assistant/Agenda Coordinator
Susan Ruby, City Attorney (w/o attachments)
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Memorandum of Understanding. IAFF 2928
September 14. 2006
Memorandum of Understanding
The City of Delray Beach and the International Association of Fire Fighters, Professional
Firefighters & Paramedics of Palm Beach County, Local 2928, formerly the International
Association of Fire Fighters, Professional Firefighters & Paramedics of Delray Beach,
Local 1864 (the parties) agree as follows: .
1. To establish an eleven (11) step pay plan effective October 1,2006 by first adding
an eleventh (11 th) step to the ten (IO) step pay plan negotiated and outlined in
Article 13-A.;..FR, Section 6 (Step Plans for 2006-2007) in the current Agreement
between the parties. This eleventh (11 th) step will 4.8% higher than Step 10.
2. Once established all steps in the step pay plans will be increased by 5%. The
newly established step pay plans are attached to this Memorandum of
Understanding and will replace step pay plans in Article 13-A-FR, Section 6 (Step
Plans for 2006-2007) in the current Agreement between the parties.
3. All Fire Rescue bargaining unit employees in an established step pay plan will
move to the established step in the attached step pay plan the first full payroll
period after October 1, 2006. Fire Rescue bargaining unit employees who are in
their own established step pay plan will receive an 8% increase effective the first
full pay period after October 1, 2006.
4. Article 13-A-FR, Section 7 and Section 8 of the current Agreement between the
parties shall continue in effect.
5. The parties represent that they have full legal authority to enter into this
Memorandum of Understanding.
6. This Memorandum of Understanding shall remain in effect until September 30,
2007. All other terms of the Collective Bargaining Agreement for the period
October 1,2004 through September 30,2007 are binding, except where expressly
modified herein or hereafter modified by the parties.
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Memorandum of Understanding. IAFF 2928
Dated this \4~ day of September, 2006.
September 14. 2006
Attest:
City of Delray Beach, Florida
I .
~. \). ~~
. Chevelle Nubin, City Clerk
/)J{ r;J~_
By: David T. Harden, City Manager
Approved as to form:
Professional Fire Fighters &
Paramedics, Local 2928
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MEMORANDUM
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER rrr/1
AGENDA ITEM :<1 . ~ - REGULAR MEETING OF OCTOBER 3.2006
CONTRACT AWARDS/PROPERTY & CASUALTY INSURANCE
COVERAGE
TO:
FROM:
DATE:
SEPTEMBER 29,2006
1bis is before the City Commission to consider approval of a contract award to various insurance
companies as negotiated by our broker, Arthur J. Gallagher, for the City's Property and Casualty
Insurance Policies effective October 1, 2006 at the annual premium of $2,612,746.00.
Risk Management has bound the City's Property & Casualty Renewal Insurance Program for the
October 1, 2006-07 policy year. 1bis insurance, and including excess crime, boiler & machinery,
accident and health, and claims administration services is explained in the attached memo from Risk
Management to the City Manager, and in the attached 9/28/06 "Proposal Summary" from our
insurance broker, Arthur J. Gallagher & Co.
Recommend approval of a contract award to various insurance companies as negotiated by our
broker, Arthur J. Gallagher, for the City's Property and Casualty Insurance Policies.
s: \City Clerk \agenda memos \Arthur J. Gallagher.Property & Casualty Insurance.l00306
City of Delray Beach
Risk Management
Memo
To: David Harden, City Manager
From: Frank Babin, Risk Manager
Phone: 561-243-7150; Fax: 56 -
Date: September 29, 2006
Re: 1013106 Commission Meeting Agenda Item: 10/1/06-07 Property & Casualty Insurance Renewal Program
Because of the "last minute" complex negotiations with the insurers required of our insurance
broker, Arthur J. Gallagher & Co. (Lisa Rodriguez) to obtain the most cost beneficial insurance
program for the City, and because coverage under the insurance policies renews on Sunday,
October 1, 2006, the City Commission has authorized Staff to bind the City's property & casualty
renewal but pending final approval of that renewal by the City Commission at a meeting on
October 3, 2006.
Attached is the proposal as presented by Arthur J. Gallagher & Co (AJG). I will attempt
to overview for your convenience a rather detailed and complex proposal, and then present the
final insurance renewal program which was bound by Staff and is recommendation by Staff (each
page of the AJG proposal is bulleted).
. Premium Recap. The top box (Proaram A + P5) is that renewal program which is
recommended showing a TOTAL renewal premium of $2,638,779 which is only $26,033
over the budgeted number of $2,612,746.
. Excess Property: Options P1, P2, P3. None of these Options are recommended. Two
significant items are noted: 1. The water treatment plant was "carved out" and separately
insured by ACE under Option 3 ($25MM limits for only $245,000 premium; AJG was able
to negotiate down from the originally quoted $421,740). You will note that AJG was able
to negotiate a reduction in the Axis/Liberty Mutual premiums from $500,000 to $400,000.
2. If the City would not be comfortable with the over-budget as explained in the above
bullet item, Option P3 which provides $10MM for "All Other" property is recommended as
a secondary option (see next bullet).
. Excess Property: Options P4, P5. Option P5 is recommended for two significant
reasons: 1. It provides insurance coverage (wind, and fire, vandalism & malicious
mischief, lighting, etc.) for $15MM limits of "All Other" property which satisfies the 250
year ground-up maximum probable loss calculated by AJG. In addition, this option
includes the same coverage but separate insurance limits for the water treatment plant
($25MM at $245,000). 2. AJG was able to negotiate a $25,000 premium reduction by
Endurance/Arch based on the fact that Axis/Liberty Mutual lowered their premium when
the water treatment plant was "carved out" (see above bullet).
Harden, 9/20/06 Memo, Page 2
. State National (mainly for the workers' compensation, but also provides primary liability
insurance coverage) at $328,000 and Princeton Excess (for primary property and excess
liability insurance coverage) at $588,200 are recommended for three significant reasons:
1. They meet AJG financial/underwriting standards and have provided this insurance
coverage over past three years without any issues or concerns; 2. The State National
"package policy" also provides a $1MM of primary liability insurance (excess of a
$500,000 self insured retention) for a nominal premium amount; 3. The premiums are as
presented by AJG in the original presentation to the Commission.
It is noted that a workers' compensation only policy could be obtained through Midwest
Employers Casualty Company at the current $500,000 per claim self insured retention in
lieu of the State National "package" policy for a premium reduction of $51,827, although
the City would lose a $1MM liability limit contained within the State National policy. This,
however, could result in an increased premium on the PESLlC excess liability package
pOlicy, reducing the premium savings. Staff recommends keeping the State National
policy.
In conclusion, Staff has bound the following property & casualty insurance effective 10/1/06 and
recommends it be approved by the City Commission for the City of Delray Beach for the policy
year 10/1/06-07:
Insurance:
State National, workers' compensation and primary liability
Princeton Excess, primary property and excess liability
Excess Property, various insurers (Option P5)
Boiler & Machinery
Excess Crime
Accident & Health
Total Premium
10/1/06-07 Budget, including Accident & Health
Underbudget (Overbudget)
Premium:
$328,000
$588,200
$1,695,000
$11,098
$3,405
$13,076
$2,638,779
$2,612,746
($26,033)
Risk Management would like to thank Arthur J. Gallagher & Co. for their efforts in pursing the
many options required by the difficult property insurance market conditions especially prevalent in
South Florida, and in the their attentive response to the necessary and related demands of the
City.
Page 1 of2
Babin, Frank
From: Lisa_Rodriguez@ajg.com
Sent: Thursday, September 28,20067:13 PM
To: Harden, David; Babin, Frank; Safford, Joseph; Goddard, Shirley; Rinkdon@aol.com
Cc: Tony_AbellaJr@ajg.com; Joyce_Schwartz@ajg.com
Subject: Proposal Summary
Attachments: Proposal Summary as of 09-28-06-1.xls
Dear City Officials:
In accordance with our various meetings and our preliminary presentation to the City Commission on September
19, 2006, we are enclosing our Proposal Summary for the renewal of the City's Protected Self-Insurance
Program. We have performed a thorough marketing effort on the City's behalf and explored all the available
options for the renewal of this years program. Property insurance, as we have discussed has presented a
significant challenge during this year's marketing negotiations. Pricing is significantly higher than in previous
years and capacity is very restricted. The quotes we have secured on the City's behalf are included in the
attached spreadsheet. An overview of some of our findings, particularly as respects the property marketplace is
as follows:
. Florida League of Cities: We negotiated with the Florida League of Cities on your behalf in an effort to
secure a property program at competitive rates. On September 26,2006 we received a letter from Jim
McGinn the Account Executive for So. Florida advising that they would not be able to offer any program to
the City of Delray Beach due to lack of capacity.
. Citizen's Insurance Company: Although we rated the 94 City buildings eligible for the Citizen's
Windstorm program, we found that the terms offered and the premium for the insurance was not in the
City's best interest as presented to the City Commission on September 19, 2006. The premium would
have been almost $420,000, but would not have resulted in a significant increase in capacity or limits of
insurance for the City.
. Everest Re/Commonwealth: Although they were interested in quoting a $5MM excess of $10MM layer
for the City, they could not provide a firm quotation in time for this renewal.
. Beazley Syndicate (Lloyds): Although they were interested in quoting a $35MM Limit subject to a 5%
Deductible for the City, they could not provide a firm quotation in time for this renewal.
. We were able to obtain the most competitive quotes for layered programs that would include in some
options all the City locations and in others side by side programs, separating the Water Treatment Plant
into a separate program. We were also able to significantly improve the pricing offered by Starr Tech/ACE
for the program to insure the Water Treatment Plant, which enabled us to secure additional capacity for the
rest of the City's properties.
. We were able to improve the pricing indicated by State National for your primary Casualty and Worker's
Compensation renewal.
With respect to the options provided in the attached spreadsheet, we would like to recommend the option labelled
Program A, P5. Although we regret that this option is a little over the City's budget as provided to Arthur J.
Gallagher, we believe that if the City can stretch the budget to purchase this program it would provide the most
comprehensive coverage at the most competitive rates. This program would provide a total of $41 MM in property
limits to the City ($25MM for the WTP and $15MM for the other City locations), while renewing all other policies
per expiring terms and conditions. We would also like to advise that although these are the best terms as
respects cost we have been able to secure as of the time of this e-mail, we are still negotiating with the property
underwriters participating in the layer $5MM xs $1 OMM to obtain a premium reduction for deleting the WTP from
the Schedule of Values.
If the City is unable to stretch its budget to our recommended option, we recommend the option labelled Program
9/29/2006
Page 2 of2
A, P3. This option would offer the City a total of $36MM in property limits ($25MM for the WTP and $10MM for
the other City locations), while renewing all other policies per expiring terms and conditions.
As stated during our meeting with the City Commission and in our various meetings in recent weeks, we regret
providing you with so little time to review the available options and make a coverage decision. We are, however,
still negotiating with insurance companies on your behalf in a marketing effort that began in April of this year.
Please remember that coverage expires at 12:01 AM on Sunday, October 1,2006 (this weekend). We must
therefore have your coverage decision before the end of the business day tomorrow. Coverage would of course
be bound subject to ratification by the City Commission, however it must be bound before the expiration date of
the current program to avoid a lapse in coverage.
I will be available to meet with you tomorrow after 12:30 PM if you would like to review these options with me in
person as well as to deliver to you our complete proposal, which includes all of the quotes provided by the
insurance companies and additional information about our marketing efforts on behalf of the City. Please let me
know if you would like me to meet with you tomorrow and the time when you can see me.
Respectfully yours,
Lisa Rodriguez, ARM-P
**************************************************************
Lisa Rodriguez, ARM, ARM-P
Area Vice President
Arthur J. Gallagher Risk Management Services
Arthur J. Gallagher & Co. (Florida)
8200 NW 41 Street, Suite 200
Miami, FL 33166
Ph. (305) 639-3151 Fax (305) 592-4049
Cel (305) 582-9246
"The discussion(s) set forth in this e-mail reflect an insurance/risk management perspective. We do not provide
legal advice and are not qualified to do so. We recommend that you seek the advice of legal counsel with respect
to any legal implications related any matters discussed herein."
Please remember that coverage cannot be bound, altered or changed via the email system. No coverage is
bound until confirmation is made in writing by this office. Thank you.
***
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***
***
9/29/2006
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City of Delray Beach
10/1/06-07 Property Renewal
How do the deductibles affect insurance recovery for a named windstorm (hurricane)
claim?
. The primary Princeton Surplus Lines (PESLIC) insurance policy provides
$500,000 of insurance after a $500,000 flat windstorm deductible.
. Excess insurance is based on a 5% deductible of the sum of the "total insurable
values" of the wind "affected location addresses". For example:
City Hall
City Attorney
Fire HQ
Police HQ
Total TIV
Excess Odc Rate
Excess Odc Amt
$8,000,000
$1,000,000
$4,500,000
$6,500,000
$20,000,000
5%
$1,000,000
. If the total wind claim amount is under $1,000,000, then only the PESLIC policy
would respond. Excess insurance would not be involved.
. If the claim is over $1,000,000, then the excess deductible is determined by the
affected location address total TIV. For example, if only the buildings in the
above example were affected, any claim in excess of$I,OOO,OOO would be paid by
the excess insurers without any additional deductible. However, if the
Community Center with a TIV of $2,500,000 was also affected, then an additional
$125,000 excess insurance deducible would be required (e.g., $22,500,000 TIV x
5% = $1,125,000).
. Total 2005 Hurricane Wilma insurable damage claim was $2,484,425.40, of
which $1,984,425.40 was paid by insurance under a flat $500,000 deductible.
5
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AGENOA ITEM NUMBER:
q,~
AGENDA REQUEST
Date: 9/29/06
Req uest to be placed on:
Regular Agenda
Consent Agenda
Special Agenda
Workshop Agenda
When:
1 0/3/06
Description of agenda item: Risk Management authorized by Commission to bind the
10/1/06 property & casualty insurance program renewal for the City but pending
Commission approval at this meeting.
OROINANCE/RESOLUTION REQUIREO:
Oraft of Resolution Attached:
YES
YES
NO
NO
Recommendation: Approval requested.
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 Oescription:
Account Balance:
City Manager Review:
Approved for Agenda:
@
IRi
No
Hold Until:
Agenda Coordinator Review:
Received:
Action:
Approved:
Oisapproved:
P.O. #
o~
FROM:
DAVID T. HARDEN CIT MANAGE~t\..
PAUg~ AICP, DIR OR OF'PLANNING AND ZONING
ESTELlO BRETO, SENIOR PLANNER
MEETING OF OCTOBER 3, 2006, REGULAR AGENDA
REGULAR AGENDA CONDITIONAL USE EXTENSION REQUESTS AND
r't6~~~DRi~~~iT N6~T~~~SSTEg~~~E~.~~ ~~~\(~J :~R~~V;~~ES.~~~Jd
AVENUE
TO:
THRU:
SUBJECT:
The action requested of the City Commission is that of granting an extension of two conditional
use approvals, one allows a building height in excess of 48 feet (54'-3" approved) and the second
allows the residential units to exceed 30 units per acre (38.2 du/ac approved) for Avenue East
(fka Grove Square), pursuant to LOR Section 2.4.4(F)(2).
The subject property consists of Lots 2 and 3, Block 85, Town of Delray, and Lots 1-18, Subdivision of
Block 85. The property, totals approximately 1.44 acres and has a zoning designation of Central
Business District (CBD).
The proposal consists of the demolition of an existing four-story office building and nightclub / bar
(City Limits) along with its associated pavilion and outdoor bar and construction of a five-story mixed-
use building. The mixed use building will contain 850 square feet of retail floor area and a 58 space
parking garage on the first level; a 60 space parking garage on the second level; and residential
dwelling units on the third, fourth and fifth levels (55 dwelling units in total). The proposal also
included the installation of a raised swimming pool, deck, exercise facility and restrooms at the
southwest corner of the site. In addition, a trash compactor is to be installed at the northeast corner of
the building to accommodate the existing retail/restaurant uses along East Atlantic Avenue as well as
the proposed development. On September 21, 2004, the proposed development received Conditional
Use approval from City Commission. At its meeting of December 15, 2004, the SPRAB Board
unanimously approved a Class V site plan, landscape plan and architectural elevations associated
with the construction of a five-story mixed-use development (55 dwelling units/850 square feet retail),
subject to conditions.
On January 4, 2005, the City Commission voted unanimously (5-0) to appeal the SPRAB site plan
approval action. The City Commission had concerns over the industrial fa<;ade of the development
and felt that the style of architecture was not appropriate given its proximity to East Atlantic Avenue.
The elevations were later revised by the applicant and approved by the City Commission at its
meeting of January 18, 2005. After all outstanding conditions of approval were addressed, the project
received final certification on September 3, 2005. It is noted that the development proposal was
submitted for review prior to the adoption of the Downtown Design Guidelines; thus the project has
been reviewed pursuant to the code requirements in effect at the time of submittal.
The approved conditional uses are valid for 2 years and are due to expire on September 21,
2006. The related site plan extension will be considered by the Site Plan Review and
'1.~
City Commission Documentation: Meeting of October 3,2006
Avenue East (fka Grove Square) Conditional Use Extension Request
Page 2
Appearance Board on September 27, 2006. A written request to extend the conditional use and
site plan approvals have been filed within the forty-five (45) days required by the LOR Section
2.4.4(F). Additional background information and full analysis of the proposal can be found in the
attached staff report, dated August 16, 2004.
Pursuant to LOR Section 2.4.4(F)(1) (Extensions), extensions may be granted to the previously
approved application, pursuant to the following:
. A written request for an extension must have been received by the City at least forty-five
(45) days prior to the expiration date;
. The letter must set forth the basis and reason for the extension;
. The extension shall be considered by the same body which granted the original approval;
. The extension, if granted, shall be for eighteen months unless otherwise stated;
LOR Section 2.4.4 includes two categories for extension considerations, LOR Section 2.4.4 (F)(2)
"Construction Has Commenced" and LOR Section 2.4.4 (F)(3) "No Construction"
Pursuant to LOR Appendix "A", the definition of construction is: "The building of or substantial
improvement to any structure or the clearing, filling, or excavation of any land. When appropriate
to the context, "CONSTRUCTION" refers to the act of construction or the result of construction".
If construction had commenced an extension to the originally approved project without change or
without evaluation could be granted to enable the developer to complete the project. As no
construction has commenced this extension request falls under the "No Construction" category.
LOR Section 2.4.4(F)(3) "No Construction"
Pursuant to LOR Section 2.4.4.(F)(3), when the project has not commenced construction, or
construction has not been deemed substantial, the request for extension shall be considered
pursuant to the following:
(a) The project shall be evaluated pursuant to the land development regulations in effect at the
time of consideration of the extension request and shall comply with such current
requirements;
(b) Additional submittal information including a new application and copies of previously submittal
material may be required;
(c) The granting body must make findings pursuant to 2.4.4(B);
(d) The granting body may impose additional conditions of approval pursuant to 2.4.4(C) to insure
compliance with any applicable changes to regulations or changes in circumstances which
have occurred since the previous approval.
The applicant submitted the following statement, regarding the delay with the construction of the
proposed project and in support of the extension request.
City Commission Documentation: Meeting of October 3, 2006
Avenue East (fka Grove Square) Conditional Use Extension Request
Page 3
"Two of the major delays relating to this project have been with Florida Power & Light (FPL) and
with obtaining a General Contractor (GC).
The following is a timeline of the delays associated with FPL:
. The Architect sent the site plan to FPL for their review in early 2004;
. The architect did not receive any comments back from FPL during the entire conditional
use/site plan process;
. In early 2005, the project design team and the FPL project manager attended an on-site
meeting to review how power was to be delivered to the site. At this meeting, the FPL
project manager provided a design layout and guidelines for the project;
. Between March 2005 and June 2005, plans were being revised for the underground
utilities as directed by FPL;
. In May 2005, Faison provided the revised plans to the FPL project manager for review and
approval. However, FPL's head engineer stated the design layout was now unacceptable
and the plans would require a re-design using a closed-loop system for future
development to service the A venue East project as well as future land development east
of SE 2nd Avenue/Atlantic Avenue.
. On June 1, 2005, the project design team met with the FPL head engineer and the project
manager created a new design and layout to approve FPL. FPL required a 10' easement
which required Faison to present the new easement to the City. The City then had to
vacate the sidewalk easement to Faison. Several meetings with the City Engineering
Department and other city personnel were held before the sidewalk easement could be
vacated.
. As a result of this delay during the design process, the Plat was also delayed. The Plat
was finally recorded on February 6, 2006, which was almost a year after the project had
been originally approved.
The other major issue on this project has been the difficultly of obtaining a GC:
. The initial GC was hired from the beginning of 2005 to the end of 2005. A cost of Sixty-
Five Thousand ($65,000.00) Dollars was paid to the GC for their preconstruction services
which included pricing of all disciplines per fifty percent (50%) and one hundred percent
(100%) drawings, permit submittal and temporary fence permit for construction security.
However, the GC was later released of their obligations due to the cost they provided to
Faison not being substantiated and a contract agreement could not be reached; and
. Faison enlisted the assistance of another well-known GC in the tri-countyarea that has
experience with this type of project. This GC provided pricing for the project in January
2006 through March 2006. However, it came in Five Million ($5,000,000.00) Dollars over
budget. The GC concluded that the increase cost was due to the factors of material costs
increasing, subcontractor base not being available and trades were too busy to price the
job during the time frame required.
Many other items that have been completed on this project include the following:
City Commission Documentation: Meeting of October 3, 2006
Avenue East (fka Grove Square) Conditional Use Extension Request
Page 4
. Payment for the bus shelter in the amount of Seven Thousand Five Hundred ($7,500.00)
Dollars was paid on November 23, 2004.
. Building permits were submitted on June 15, 2005 and a plan check fee was paid in the
amount of Seventy-Nine Thousand Eight Hundred Seventy-One ($79,871.00) Dollars.
. A temporary construction fence permit was issued on September 29, 2005.
. Engineering Water/Sewer Inspection fee in the amount of One Thousand Three Hundred
Eighty-Five and 20/100 ($1,385.20) Dollars was paid on February 2, 2006; and
. An off-site parking agreement with the FEe has been secured for three years.
Faison is committed to the A venue East project and has every intention to build this project. With
the market turning, many smaller developers will likely decide not to build their approved projects.
However, Faison has the capital and manpower to build this project. Since 2000, Faison has
initiated the development of nearly 1,000 residential units by combining talented people, capital
capacity and a disciplined development process. They are a recognized leader in urban
residential development. Enclosed please find a copy of the general ledger for the project to date
totaling Ten Million ($10,000,000.00) Dollars in hard costs spent thus far. This clearly shows the
good faith efforts that Faison has done thus far on this project. There have been extenuating
circumstances and for this reason, this request should be approved.
The applicant has indicated that the delay in entering the construction phase of the project has been
due to major delays related to the negotiations to locate a utility easement for Florida Power & Light
(FPL), obtaining a General Contractor (GC), increase of material costs, and subcontractor base not
being available. It is noted, that the applicant paid a bus shelter contribution in the amount of
$7,500.00 Dollars on November 23, 2004. Building permits were submitted on June 15, 2005 and a
plan check fee was paid in the amount of $79,871.00 Dollars. The applicant has also paid fees for
Engineering Water/Sewer Inspection in the amount of $1,385.20 Dollars on February 2, 2006. In
addition, the applicant has secured an off-site parking agreement with the FEC for three years, a plat
has been recorded on February 2, 2006, and the general ledger for the project to date (according to
the applicant) totals $10,000,000.00 Dollars in hard costs. All this appears to indicate the applicant's
good faith to conclude the project. Based on above, it is reasonable to grant the extension of the
conditional use approval since the issues that caused the delay of the project were beyond the
control of the developer.
However, pursuant to LDR Section 2.4.3(F)(3)(a), the project must be evaluated pursuant to the Land
Development Regulations in effect at the time of consideration of the extension request and the
project shall comply with such current requirements. As previously stated, this project was not
constructed utilizing the new design guidelines. Compliance with these regulations would require a
total redesign of the project. Given the considerable time and expenses attributed to the project to
date this requirement is onerous. The applicant has requested a waiver of LDR Section 2.4.3
(F)(3)(a), more specifically from the requirement to comply with the current LDRs specially LDR
Section 4.4.13 (CBD Design Guidelines). The following is an analysis of the waiver request:
Waiver Analysis:
Pursuant to LDR Section 2.4.7(B) (5), prior to granting a waiver, the approving body shall make a
finding that the granting of the waiver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of public facilities;
(c) Shall not create an unsafe situation; or
City Commission Documentation: Meeting of October 3, 2006
Avenue East (fka Grove Square) Conditional Use Extension Request
Page 5
(d) Does not result in the grant of a special privilege in that the same waiver would be granted
under similar circumstances on other property for another applicant or owner.
The applicant has requested a waiver from the requirement of being evaluated pursuant to the
Land Development Regulations in effect at the time of consideration of this extension request.
The applicant has indicated that the delay in entering the construction phase of the project has
been due to major delays related to the negotiations to locate a utility easement for Florida Power
& Light (FPL), obtaining a General Contractor (GC), increase of material costs, and subcontractor
base not being available. The good faith of the applicant in making all efforts to conclude the
project is reflected in that required building permits were submitted on June 15, 2005 and a plan
check fee was paid in the amount of $79,871.00 Dollars. The applicant has also paid fees for
Engineering Water/Sewer Inspection in the amount of $1,385.20 Dollars on February 2, 2006. In
addition, as it has been mentioned previously, the applicant has secured an off-site parking
agreement with the FEC for three years and a plat has been recorded on February 2, 2006, and
final plans were certified in September 30, 2005. Items that have been permitted on this project
include the following:
. A temporary construction fence permit was issued on September 29, 2005;
. Engineering Water/Sewer Inspection fee was paid on February 2,2006;
. Building permits were submitted on June 15, 2005 with minor requirements still pending;
. The bus shelter contribution was paid on November 23, 2004; and
. An off-site parking agreement with the FEC has been secured for three years.
Granting the requested waiver will not have an adverse affect on the neighboring area, diminish the
provision of public facilities, or create and unsafe situation. This waiver would also be supported
under similar circumstances and therefore will not result in the grant of a special privilege. It is noted,
that there are other projects such as Worthing Place, Hotel Vista Del Mar, and Pineapple Grove
Limited which may have similar extension requests. In addition, similar conditional use and site plan
extension requests have been approved for other projects in the CBD District, such as, Bob Famous
Bar, Seagate Hotel, Astor Development, and City Walk. Accordingly, a positive finding with respect
to LDR Section 2.4.7(B)(5) can be made.
If the request for an extension was to be denied, it would necessitate the filing of new conditional
use and site plan applications that would require a complete redesign to meet the Downtown
Design Guidelines.
Pursuant to LDR Section 2.4.4(F)(1 )(d), eighteen month extensions are allowed by code unless
otherwise stated. The applicant has requested an extension of 24 months. If granted, the
extension request would be valid through September 21, 2008.
A. Postpone with direction.
B. Move approval of the request for an extension of the Conditional Use approval for Avenue
East (aka Grove Square), by adopting the findings of fact and law contained in the staff
report, and finding that the request, and approval thereof, meets criteria set forth in Section
2.4.4(F)(1) & (2) of the Land Development Regulations, subject to the previous conditions of
approval.
C. Move denial of the request for an extension of the Conditional Use request for Avenue East
(aka Grove Square), by adopting the findings of fact and law contained in the staff report, and
City Commission Documentation: Meeting of October 3,2006
Avenue East (fka Grove Square) Conditional Use Extension Request
Page 6
finding that the request, and approval thereof, does not meet criteria set forth in Section
2.4.4(F)(1) & (2) of the Land Development Regulations.
Commission discretion.
Attachments:
Extension Request Letter from Michael Weiner, Esquire dated September 11, 2006
Planning and Zoning Board Staff Report Dated August 16, 2004.
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
WAIVER AND EXTENSION REQUEST FOR AVENUE EAST
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1 . These waiver and extension requests have come before the City
Commission on October 3, 2006.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the waiver and extension requests for
Avenue East. All of the evidence is a part of the record in this case. Required findings
are made in accordance with Subsections I and II.
I. WAIVER:
Pursuant to LOR Section 2.4.4(F)(3)(a), the project must be evaluated pursuant to the
Land Development Regulations in effect at the time of consideration of the extension
request and the project shall comply with such current requirements. The applicant has
requested a waiver of LOR Section 2.4.4 (F)(3)(a), more specifically from the
requirement to comply with the current LDRs specially LOR Section 4.4.13 (CBD
Design Guidelines).
Pursuant to LOR Section 2.4.7(B)(5), prior to granting a waiver, the approving body
shall make a finding that the granting of the waiver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of public facilities;
(c) Shall not create an unsafe situation; and,
(d) Does not result in the grant of a special privilege in that the same waiver would
be granted under similar circumstances on other property for another applicant
or owner.
Does the waiver request meet all the requirements of 2.4.7(B)(5)?
Yes No
II. EXTENSION:
Pursuant to LOR Section 2.4.4(F)(1) (Extensions), extensions may be granted to the
previously approved application, pursuant to the following:
. A written request for an extension must have been received by the City at least
forty-five (45) days prior to the expiration date;
1
. The letter must set forth the basis and reason for the extension;
. The extension shall be considered by the same body which granted the original
approval;
. The extension, if granted, shall be for eighteen months unless otherwise stated;
LDR Section 2.4.4 includes two categories for extension considerations, LDR Section
2.4.4 (F)(2) "Construction Has Commenced" and LDR Section 2.4.4 (F)(3) "No
Construction"
Pursuant to LDR Section 2.4.4.(F)(3), when the project has not commenced
construction, or construction has not been deemed substantial, the request for
extension shall be considered pursuant to the following:
(a) The project shall be evaluated pursuant to the land development regulations in
effect at the time of consideration of the extension request and shall comply with
such current requirements;
(b) Additional submittal information including a new application and copies of previously
submittal material may be required;
(c) The granting body must make findings pursuant to 2.4.4(8);
(d) The granting body may impose additional conditions of approval pursuant to
2.4.4(C) to insure compliance with any applicable changes to regulations or
changes in circumstances which have occurred since the previous approval.
Does the Extension request meet the requirements of LDR Section 2.4.4(F)(1)?
Yes
No
(If the waiver was granted in Subsection I, proceed to Paragraph 3, if the waiver was
not granted, answer the question below.)
Does the Extension request meet the requirements of LDR Section 2.4.4(F)(3)?
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.
2
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 and extension request as set forth above.
6. Based on the entire record before it, the City Commission hereby adopts
this Order this 3rd day of October, 2006, by a vote of in favor and
opposed.
ATTEST:
Jeff Perlman, Mayor
Chevelle Nubin, City Clerk
3
WEINER & ARONSON, P.A.
ATTORNEYS AT LAW
The Clark House
102 North Swinton Avenue
Oelray Beach, Florida 33444
RECEIVED
SEP 1 1 2006
Telephone: (561) 265-2666
Telecopier: (561) 272-6831
E-mail:mweiner@zonelaw.com
PLANNING & ZONING
MICHAEL S. WEINER
CAROLEJ.ARONSON
JASON S. MANKOFF
KERRY D. SAFIER
OF COUNSEL:
ROBERT MARC SCHWARTZ, PA
Florida Bar Board Certified
Real Estate Lawyer
September 11 , 2006
Via Hand-Delivery
Mr. Paul Dorling
Director of Planning and Zoning
City of Dekay Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Re: Waiver Request for Avenue East
Our File No.: FAlS002
Dear Paul:
This letter is a waiver request pursuant to Section 2.4.7(B)(2) of the City of Delray Beach
Land Development Regulations ("LOR's") involving the granting of relief from a specific development
regulation.
The waiver request is pursuant to LOR Section 2.4.4(F)(3). This is a request to waive the
requirements for an extension request for a project for which construction has not been deemed
substantial.
To support a waiver, LOR Section 2.4.7(B)(5) requires that the governing body make a
finding that granting a 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.
This waiver will not adversely affect the neighboring area, as evidenced by that fact that this
project has previously been approved. It will not significantly diminish the provision of public
facilities, create an unsafe situation and/or result in a. grant of a special privilege to our client,
Faison. Consequently, a positive finding with respect to LOR Section 2.4.7(B)(5), waiver findings can
be made.
We meet or exceed the requirements of LOR Section 2.4.7(B)(5) for this waiver request.
Thus, this waiver request should be approved based on meeting these requirements and because
of the following.
Due to numerous unforeseen and independent events, not of Faison's making or control, the
project has been delayed. The same waiver would be granted to another applicant under the
Mr. Paul Dorling
September 11 , 2006
Page 2 of 3
following circumstances. First, the impacts of the past two hurricane seasons, culminating in
Hurricane Wilma and its devastation to the local infrastructure, have delayed the execution of this
project. Among other things, the scarcity of building resources and professionals in the field has
delayed the completion of plans and drawings. Additionally, the cost of construction materials has
dramatically increased. Therefore, arrangements with the appropriate lenders as well as retaining
supplies, has taken longer and been more difficult than anticipated. Nonetheless, Faison has
continued to remain diligent in its efforts and has continued to show good faith as indicated below.
Eighty Thousand ($80,000.00) Dollars has been paid upfront to the City of Delray Beach
("City") for the submittal of the building permit as the plan check fee. In addition to the issues
resulting from the past hurricane season, it has been extremely difficult to hire sub-contractors to do
the necessary work required in order to submit their bids to obtain a building permit. Furthermore,
there were serious issues relating to FPL concerning the relocation of underground utilities.
Although FPL had originally signed off on the original Site Plan and Utility Plan, during the Plat
process, FPL indicated that the underground utilities needed to be completely re-designed and
Faison needed to develop a loop system which would also incorporate underground utilities for other
properties other than the subject property. During the period of over six (6) months of dealing with
FPL, the Plat Application was delayed and had to be re-circulated for signature to all of the parties
required to sign the Plat. Since it was unclear whether or not the revised FPL Plan would be
approved, it was difficult to continue to proceed with other related activities. Additionally, as a result
of the Plat being delayed, this held up the responses to the City comments by the appropriate
professionals. The Plat has now been recorded and the FPL Plan includes a complete loop system,
including underground utilities for future developments.
Other municipalities have encountered issues with projects being partially built where
construction then completely ceases. Faison did not want to have this occur as this would have
affected the neighboring area, diminished the provision of public facilities and created an unsafe
situation. Although t demolition permit has been approved, ,Faison did not want to begin
construction a en have the pro ye so ve Ica cons ruction has not been commenced.
Moreover, since there are existing structures that are in good condition which would need to be tom
down, it was not beneficial to the City or Faison to begin the process just to reach a twenty five
percent (25%) threshold. This project is unlike many others, in which the structures being tom down
are dilapidated.
Faison has continued to keep all of its prospective purchasers informed of the status of the
project. Originally, when the project went for sale, almost all of the units were reserved within the
first forty-eight (48) hours. At this time, there are approximately ten (10) reservations which are still
being reserved and these ten (10) homeowners are extremely anxious to have the opportunity to
purchase their units on Atlantic Avenue. These residents, as well as the others, will certainly
continue to add to the economic impact of the City and benefit the local merchants, businesses and
restaurants. Thus, buyers are eagerly awaiting the opportunity to live in their units in Downtown
Delray Beach. It is important to Faison that it maintains its stellar reputation and that it deliver on its
promise to its buyers to build these units as promised.
Items that have been completed on this project include the following:
1. Payment for the bus shelter in the amount of Seven Thousand Five Hundred ($7,500.00)
Dollars was paid on November 23, 2004.
2. Building permits were submitted on June 15, 2005 and a plan check fee was paid in the
amount of Seventy-Nine Thousand Eight Hundred Seventy-One ($79,871.00) Dollars.
0:\FAIS002\Letter to Paul Dorling re waiver request. Sept 8, 2006.doc
Mr. Paul Dorling
September 11 , 2006
Page 3 of 3
3. A temporary construction fence permit was issued on September 29,2005.
4. Engineering Water/Sewer Inspection fee in the amount of One Thousand Three Hundred
Eighty-Five and 20/100 ($1,385.20) Dollars was paid on February 2, 2006; and
5. An off-site parking agreement with the FEe has been secured for three years.
With the market turning, many smaller developers will likely decide not to build their
approved projects. However, Faison has the capital and manpower to build this project. They are a
recognized leader in urban residential development.
In summary, in addition to the extenuating circumstances, the requirements of LOR Section
2.4.7(8)(5) are met. Thus, this waiver request should be approved. Therefore, for the reasons
enumerated ab e, we respectfully request that the above waiver be approved. A check in the
amount of 0 Hundred Twenty Dollars ($120.00) is enclosed. Thank you very much for your
assistance' this matter. Please advise me of all respective dates.
Mi a
M .a
Enclosure
cc: Ms. Shelley Setzer (w/o enclosure)
Mr. Jim Apple (w/o enclosure)
Ms. Elizabeth Schmidt (w/o enclosure)
Jason S. Mankoff, Esquire (w/o enclosure)
Ms. Ashlee L. Vargo (w/o enclosure)
0:\FAIS002\Letter to Paul Dorling re waiver request Sept 8, 2006.doc
PLANNING AND ZONING BOARD
':ITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
August 16, 2004
IV. A.
Conditional Use Requests to Allow a Mixed-Use Building Having a Height in
Excess of 48' (54'-3" is Proposed) and to Allow a Density in Excess of 30 Units
Per Acre (38.2 du/ac is Proposed) within the Central Business District (CBD), for
the Grove Square Development (Quasi-Judicial Hearing).
GENERAL DATA:
Owner/Applicant........................ Faison-Grove Square, LLC.
Agent.. ................................. ...... Randall Stofft Architects
Location..................................... Northeast Corner of SE 1st
Street and SE 2nd Avenue
Property Size............................. 1.44 Acres
Future Land Use Map.. ............. Commercial Core
Gurrent Zoning.......................... Central Business District
(CBD)
Adjacent Zoning...............North: CBD .
South: Central Business District-
Railroad Corridor (CBD-RC)
East: Community Facilities (CF)
and CBD
West: CaD
Existing Land Use...................... Office and Nightclub I Bar
Proposed Land Use................... Mixed-Use
(Residential and Retail)
Water Service............................ Available Via an 8" Water
Main Located within the SE
2nd Avenue Right-Of-Way
Sewer Service........................... Available Via an 8" Sanitary
Sewer Main Located within
the SE 2nd Avenue Right-
Of-Way
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,
The action before the Board is making a recommendation to the City Commission on the
following requests for conditional use approval pursuant to Land Development Regulations
(LOR) Section 2.4.5(E):
(J To allow an increase to a maximum height of 60' (54'-3" proposed) [LOR Section
4.3.4(J) (4) (b)]; and
(J To allow a density exceeding 30 dwelling units per acre (38.2 dulac proposed) in the
Central Business District (CBO) [LOR Section 4.4.13(0) (15)].
The requests are in conjunction with Grove Square, a proposed mixed-use development located
at the northeast corner of SE 1st Street and SE 2nd Avenue (approximately 1.44 acres).
The subject property consists of Lots 2 and 3, Block 85, Town of Oelray, and Lots 1-18,
Subdivision of Block 85. The property, which totals approximately 1.44 acres and has a zoning
designation of CBO, has an extensive land use history. The following are the most recent land
use actions for the subject property:
At its meetings of August 23, 1995 and September 20, 1995, the Site Plan Review and
Appearance Board (SPRAB) approved the site plan, landscape plan and architectural elevations
for Grove Square (FKA Block 85 Redevelopment). The proposal was to occur in two phases
with Phase I including the demolition of approximately 1,310 square feet of existing floor area,
the conversion of 832 square feet of retail floor area to restaurant, the construction of 1,486
square feet of new restaurant floor area, the construction of 946 square feet of retail floor area,
and installation of 29 parking spaces. Phase 1\ was the construction of a four-story 12,328
square foot mixed-use building (office I residential) and the installation of 28 parking spaces.
At its meeting of December 6, 1995, the SPRAB approved a site plan modification to enclose a
1,100 square foot outdoor dining area. In January of 1996, the City Commission approved a
conditional use request to allow musical concerts and other events (coinciding with the
operating hours of the restaurant) in the approved courtyard area. In 1997 and 1998, Class I
site plan modifications were administratively approved for the installation of a floating bar in the
courtyard and for seating surrounding the bar.
At its meeting of August 25, 1999, the SPRAB approved a Class II site plan modification to
modify Phase 1\ of the original Grove Square development proposal to construct a four-story,
11,638 square foot office building and a 38 space parking lot. Subsequent to this approval
several site plan modifications have been administratively approved. These approvals include
modifications to install a trellis and fencing within the courtyard, to provide additional tables
within the courtyard, and to add an awning to the office building. Phase I and Phase II along
with the associated modifications have been completed.
At its meeting of July 19, 2004, the Planning and Zoning Board heard proposals for conditional
use approval to allow a building to exceed the maximum building height of 48' (56' was
proposed) and to allow a density in excess of 30 dwelling units per acre (43.75 du/ac was
proposed). The conditional use requests were associated with a development proposal for a
five-story residential building consisting of 63 dwelling units. The Board had concerns with
regard to granting conditional use approval for both height and density and the lack of
,)
Planning and Zoning Board Staff Report
Conditional Use Requests for Grove Square
Page 2
commercial floor area along SE 2nd Avenue. However, the Board ultimately tabled the
development proposal and gave direction to the applicant to further step back the building along
SE 2nd Avenue and to reduce the perceived bulk of the structure. The applicant has made
modifications to the proposal resulting in reductions to the conditional use requests for building
height (54'-3") and density (38.2 du/ac). The modifications have also resulted in the addition of
800 square feet of retail floor area at the northwest corner of the building as well as greater
variations I step-backs in the building architecture. The development proposal currently
incorporates the following:
o Demolition of a the existing four-story office building and nightclub I bar (City Limits)
along with its associated pavilion and outdoor bar;
o Construction of a five-story mixed-use building with 800 square feet of retail floor area
and a 61 space parking garage on the first level; a 62 space parking garage on the
second level; and residential dwelling units on the third, fourth and fifth levels (55
dwelling units in total);
o Installation of a raised swimming pool, deck, exercise facility. and restrooms at the
southwest corner of the site;
o Installation of a trash compactor at the northeast corner of the proposed building for
both the existing and proposed uses; and
o Installation of two (2) parking spaces and a loading area south of the existing
commercial structures being retained.
REQUIRED FINDINGS (Chapter 3):
Pursuant to LDR Section 3.1.1 (Required Findings), prior to the approval of development
applications, certain findings must be made in a form which is part of the official record.
This may be achieved through information on the application, the staff report, or
minutes. Findings shall be made by the body, which has the authority to approve or
deny the development application. These findings relate to the following four areas.
FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and
the zoning district must be consistent with the land use designation.
The subject property has a Future Land Use Map (FLUM) designation of Commercial Core (CC)
and a zoning designation of CBD, which are consistent with one another. Pursuant to LOR
Section 4.4.13(0) (15), multiple-family dwelling units, excluding duplexes, are permitted through
the conditional use approval process at a density greater than 30 units per acre on property
located south of NE 2nd Street and north of SE 2nd Street, subject to the standards and
limitations of LDR Section 4.4.13(1). As discussed later in this report, positive findings can be
made with respect to the referenced performance standards; thus positive findings can be made
with respect to FLUM consistency.
CONCURRENCY: Facilities which are provided by, or through, the City shall be provided
to new development concurrent with issuance of a Certificate of Occupancy. These
facilities shall be provided pursuant to levels of service established within the
Comprehensive Plan.
Planning and Zoning Board Staff Report
Conditional Use Requests for Grove Square
Page 3
,-\
Drainaoe: Preliminary drainage plans were submitted and indicate that drainage will be
accommodated via floor drains on the second level of the parking garage the will drain to
exfiltration trench on the ground level of the parking garage. There are no problems anticipated
in accommodating on-site drainage; however, the Engineering Department does have technical
comments regarding drainage that will need to be addressed at the time of site plan approval.
Based upon the above, positive findings with respect to this level of service standard can be
made.
Parks and Open Space: The Open Space and Recreation Element of the City's Comprehensive
Plan indicates in its' conclusion that "The City will have sufficient recreation facilities at build-out
to meet the adopted standards". A park impact fee is collected to offset any impacts that the
project may have on the City's recreational facilities. Pursuant to LDR Section 5.3.2, a park
impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for
each unit. A total fee of $27,500 will be required of this development for parks and recreation
purposes.
Solid Waste: The existing office building and nightclub / bar that are to be demolished generate
55.65 tons of solid waste per year. The proposed 55 dwelling units will generate 28.6 tons of
solid waste per year (55 units x 0.52 tons = 28.6 tons) and the 800 square feet of retail floor
area will generate 4.08 tons of solid waster per year (800 sq. ft. x 10.2 Ibs. /2,000 = 4.08 tons),
a total of 32.68 tons. Thus, resulting in a decrease of 22.97 tons of solid waste generated per
year. The Solid Waste Authority has indicated that its facilities have sufficient capacity to
handle all development proposals till the year 2021, thus a positive finding with respect to this
level of service standard can be made.
Streets and Traffic: The subject property is located within the City's Transportation Concurrency
Exception Area (TCEA), which encompasses the CBD, CBD-RC, OSSHAD, and West Atlantic
Avenue Business Corridor. The TCEA exempts the above-described areas from complying with
the Palm Beach County Traffic Performance Standards Ordinance. Therefore, a traffic study is
not required for concurrency purposes; however a traffic statement is necessary to keep a
record of trips approved in the TCEA and for calculation of traffic impact fees. A traffic
statement was submitted and approved by the Palm Beach County Traffic Division for the
generation of 28 new AM peak hour trips and 34 new PM peak hour trips. However, a revised
traffic statement based upon the provision of retail floor area and the reduction in dwelling units
must be provided and approved by the Palm Beach County Traffic Division.
Water and Sewer: Water and sewer service is available to the site via an eight inch (8") water--
main and eight inch (8") sanitary sewer main located within the SE 2nd Avenue right-of-way.
Fire protection will be provided via an existing fire hydrant that is located south of the proposed
parking garage entrance from SE 2nd Avenue. Another fire hydrant presently exists at the
southwest corner of the property; however the preliminary engineering plans did not indicate this
hydrant as being retained. In order for the property to maintain adequate fire protection it is
attached as a condition of approval that this hydrant is either retained or a suitable replacement
site is provided.
Pursuant to the City's Comprehensive Plan, treatment capacity is available at the City's Water
Treatment Plant and the South Central County Waste Water Treatment Plant for the City at
build-out. Based upon the above, positive findings can be made with respect to these levels of
service standards, subject to the outlined conditions.
CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and
required findings in LOR Section 2.4.5(E) (5) for the Conditional Use request shall be the
Planning and Zoning Board Staff Report
Conditional Use Requests for Grove Square
Page 4
basis upon which a finding of overall consistency is to be made. Other objectives and
policies found in the adopted Comprehensive Plan may be used in making a finding of
overall consistency.
A review of the objectives and policies of the adopted Comprehensive Plan was conducted and
the following applicable objectives and policies that are relevant to the Conditional Use
applications 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.
The property is developed and contains approximately 11,638 square feet of office floor area,
9,538 square feet of nightclub / bar floor area, and 5,404 square feet of retail floor area as well
as a 60 space surface parking lot. There are no special physical or environmental
characteristics of the land that would be negatively impacted by the proposed residential
development. The development will be complimentary with the surrounding commercial
developments and provide a customer base for the businesses on a year-round basis, which will
provide economic stability for the downtown area.
In terms of fulfilling remaining land use needs, the Housing Element of the Comprehensive Plan
states the following:
"One of the most important objectives of the City's overall housing policy is the
establishment of housing in the downtown area. In the years since adoption of the 1989
Comprehensive Plan the downtown has changed from a somewhat sleepy, seasonally
oriented shopping district to a vibrant year-round retail, service, and entertainment area
with an active nightlife. A critical missing element is a significant housing development.
The City recognizes the importance of providing housing in close proximity to shopping,
employment, and transportation, and the need to have a residential base to support the
businesses in the downtown area".
The proposed Grove Square development will help to fulfill this stqted land use need by
providing 55 additional dwelling units and is therefore consistent with this policy.
Future land Use Element Objective C-4: The Central Business District (CBD) represents.
the essence of what is Delray Beach i.e. a "village like, community by the sea". The
continued revitalization of the CBO is essential to achieving the overall theme of the
City's Comprehensive Plan of "A City Set Apart In South Florida". The following policies
and activities shall be pursued in the achievement of this objective:
Policy C-4.1: The CBD zoning district regulations shall facilitate and encourage
rehabilitation and revitalization and shall, at a minimum, address the following:
o Deletion of inappropriate uses;
o Incentives for locating retail on the ground floor with office and residential use
on upper floors;
o Accommodating parking needs through innovative actions;
o Incentives for dinner theaters, playhouses, and other family oriented activities;
o Allowing and facilitating outdoor cafes;
o Incentives for mixed use development and rehabilitation;
o Elimination of side yard setback requirements; and
Planning and Zoning Board Staff Report
Conditional Use Requests for Grove Square
Page 5
o Allow structural overhang encroachments into required yard areas.
The development proposal will locate 55 residential dwelling units of various floor plans and
sizes within the downtown area. The residents of these dwellings will be able to walk to shops,
restaurants, cultural venues and parks. They will interact on a regular basis with the
storekeepers and employees, and their neighbors. They will get to know the downtown much
more intimately than the majority of Delray residents. They will become major participants in,
and contributors to, the downtown community. The Grove Square development proposal is
consistent with Future Land Use Element Policy C-4.1 as it will facilitate the continued
rehabilitation and revitalization of the CBD zoning district.
Transportation Element Policy A-1.3: The City endorses the continued operations of the
Palm Tran Transit System and its operations in Delray Beach, and through policies of
this Element related to the TCEA, will coordinate with Palm Tran to improve the system.
Given the potential impacts the proposed residential development will have on the surrounding
road network and the location of a Palm Tran bus stop at the southeast corner of SE 1st Avenue
and SE 1st Street (one block to the west), it is appropriate that the development contribute
toward the provision of a bus shelter at this location. Thus, it is attached as a condition of
approval that a contribution of $7,500 (approximately half the cost of a shelter) is paid prior to
certification of the site plan for the development. Subject to this condition of approval being
addressed, the development will comply with Transportation Element Policy A-1.3.
Transportation Element Policy D-2.2: Bicycle parking and facilities shall be required on
all new development and redevelopment. Particular emphasis is to be placed on
development within the TCEA Area.
The development proposal does not ~ccommodate a typical bicycle parking facility (Le. bike
rack) on site; however individual storage areas are provided within the parking garage for each
dwelling unit. These storage areas provide ideal locations for the residents to store their
bicycles; however the existing retail/restaurant uses do not have access to any bicycle parking
facilities. Therefore, a bike rack should be located adjacent to these uses and is attached as a
condition of approval. Subject to this condition being addressed, the development will comply
with Transportation Element Policy 0-2.2.
Open Space and Recreation Element Policy A-3.1: Tot lots and recreation areas serving
children from toddlers to teens; shall be a feature of all new housing developments as
part of the design to accommodate households having a range of ages. This
requirement may be waived or modified for residential developments located in the
downtown area and for infill projects having fewer than 25 units.
This policy may be waived for projects in the downtown because the City recognizes that
households located in the downtown are likely to have fewer children than those located in
suburban settings. Further, land in the downtown is at a premium and it can be cost prohibitive
to provide recreational features such as tennis courts, volleyball courts, etc. and there are other
cultural and recreational opportunities located in the downtown that are not readily available to
residents of suburban apartment complexes. However, the proposed development does
provide some recreational facilities to its residents, such as a swimming pool and an exercise
facility .
Some of the recreational, cultural and open space opportunities located in proximity to the
Grove Square development include: Veteran's Park, which includes a large playground and
recreational area; the Municipal Beach, the City's Tennis Center, Old Schoo!.. Square Cultural
Planning and Zoning Board Staff Report
Conditional Use Requests for Grove Square
Page 6
Center and the Milagro Center. As playground areas are located close by and other facilities
that can be utilized by children, such as the pool, the intent of this policy will be met. Based on
the above, it is appropriate to waive this requirement to provide these services entirely on site.
HousinQ Element Obiective 8-2: Redevelopment and the development of new land shall
result in the provision of a variety of housing types which shall continue to
accommodate the diverse makeup of the City's demographic profile, and meet the
housing needs identified in this Element. Policies, which will implement this objective,
include:
HousinQ Element Policy 8-2.2: The development of new adult oriented communities
within the City is discouraged. New housing developments shall be designed to
accommodate households having a range of ages, especially families with children, and
shall be required to provide three (3) and four (4) bedroom units and activity areas for
children ranging from toddlers to teens. This requirement may be waived or modified for
residential development located in the downtown area and for infill projects having fewer
than 25 units.
This project will not be restricted to occupancy by adults only. However, it is acknowledged that
downtown dwellings are not typically occupied by households with children. This complex will
primarily accommodate young and middle-age professionals. The development will provide a
mix of one (1) and two (2) bedroom units. As allowed by this policy, it is appropriate that there
not be a requirement to provide three (3) and four (4) bedroom units and specific activity areas
for children.
Housina Element Policy 8-2.6: Housing in and near the downtown area, in close
proximity to employment opportunities and services, is a critical need. In order to help
stimulate demand for new housing in and around the Central Bus.iness District, the
development of new rental housing projects outside of the TCEA and North Federal
Highway area is discouraged.
The development proposal is consistent with Housing Element Policy B-2.6 as it provides the
desired type of residential development within the CBD.
Housina Obiective A-12: To assist residents of the City in maintaining and enhancing
their neighborhood environment, the City shall take steps to ensure that modifications in
and around the neighborhood do not lead to its decline, such as those described in the
following policies.
Housina Policy A-12.3: In evaluating proposals for new development or redevelopment,
the City shall consider the effect that the proposal will have on the stability of nearby
neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation
patterns shall be reviewed in terms of their potential to negatively impact the safety,
habitability and stability of residential areas. If it is determined that a proposed
development will result in a degradation of any neighborhood, the project shall be
modified accordingly or denied.
As noted previously, the residents of this development will aid in the economic stability of the
downtown area. However, the introduction of additional residential dwelling units will also likely
improve the safety of the area by introducing more nighttime activity and more "eyes" to observe
what is happening in the area, which should be a deterrent to criminal activity. While the
development proposal will result in additional AM and PM peak hour trips onto the surrounding
roadway network, the number of daily trips generated will be substantially reduced by the
Planning and Zoning Board Staff Report
Conditional Use Requests for Grove Square
Page 7
proposed residential development replacing the office building and nightclub / bar that presently
occupy the site. Based upon the above, the development proposal will be consistent with
Housing Policy A-12.3.
REQUIRED FINDINGS RELATING TO INCREASE IN HEIGHT:
Structures in the CBD may generally be no more than 48' high, unless conditional use approval
is granted to exceed this standard to a maximum of 60'. Height is measured from the crown of
the road to the top of a flat roof, or to the midpoint of a pitched roof. The proposed mixed-use
structure has a mixture of flat and pitched roofs with the maximum height measuring 54'-3".
Pursuant to LDR Section 4.3.4(J) (4) (b), the City Commission may approve an increase in
height to a maximum height of 60' pursuant to the processing of a conditional use
request and based upon a finding of compliance with each of the enumerated criteria
listed below.
(i) That the structure is to be located in one of the following geographic areas:
(9) Area "I" - all property within the CeD except for property lying east of the
Intracoastal Waterway.
The subject property is zoned CBD and is located west of the Intracoastal Waterway.
(ii) That the increase in height will not provide for, nor accommodate, an increase in the
floor area (within the structure) beyond that which could be accommodated by
development which adheres to a height limitation of 48', except for the following
situations:
(1) An increase in intensity is allowed when the increase from 48' to 60' is for the
purpose of accommodating residential use on the top floor of the structure;
however, the increase in intensity is only for the added residential use area;
The proposed structure consists of three (3) levels of residential dwelling units above
a two (2) level parking garage with an 800 square foot retail bay. Thus, the
requested increase in height is to accommodate residential uses on the top floor of
the structure, which is consistent with this criterion.
(iil) That the increase in height is based on or will result in one or more of the following:
(1) A demonstrable need that, in order to accommodate the nature of a particular
use or a particular matter or type of construction, a greater than normal space
between floors or height of story is necessary;
(2) That 75% or greater of an area of the ground floor is devoted to parking and
vehicular traffic circulation; or
(3) That for each foot in height above 48', an additional building setback of two
feet (2') is provided from the building setback lines which would be
established for a 48' tall structure. The additional setback is required from all
setback lines.
The development proposal meets criterion #2, above, as approximately 82% of the
total ground floor area has been devoted to parking and/or vehicular traffic
circulation.
Planning and Zoning Board Staff Report
Conditional Use Requests for Grove Square
Page 8
A finding of compliance with the enumerated criteria listed above can be made to support the
request to allow the proposed residential structure to exceed the standard 48' height limitation to
a maximum of 54'-3".
lDR Section 4.4.13(1) - Performance Standards: These standards shall apply to all
applications for new development and modification of existing developments which
would result in a density greater than 30 dwelling units per acre.
(1) The maximum permissible density of a particular project will be established through
the conditional use process, based upon the degree to which the development
complies with the performance standards of this section, the required findings of lDR
Section 2.4.5(E) and other applicable standards of the Comprehensive Plan and land
Development Regulations. Notwithstanding the above, the approving body may deny
an application for increased density where it is determined that the proposed project
is not compatible in terms of building mass and intensity of use with surrounding
development.
The proposed development consists of 55 residential dwelling units on a 1.44 acre parcel of
land, which results in a density of 38.2 dwelling units per acre. The development is located
in the CBO zoning district, which allows the residential density to exceed 30 units per acre
subject to conditional use approval. The analysis with respect to LOR Section 4.4.13(1) and
other relevant section of the LOR is provided below.
(2) The applicable performance standards for development under this section are as
follows:
(a) The development offers variation in design to add interest to the elevations and
relief from the building mass. For example, the building setbacks or planes of the
fa~ade are offset and varied. In structures having more than two (2) stories,
stepping back of the upper stories (third floor and above) is encouraged to
decrease the perception of bulk. Building elevations incorporate several of the
following elements: diversity in window and door shapes and locations; features
such as balconies, arches, porches; and design elements such as shutters,
window mullions, quoins, decorative tiles, or similar distinguishing features.
The upper levels (third through fifth) of the proposed structure have been stepped back
between four feet (4') and nine feet (9') from the lower levels (first and second) of the
building on the SE 2nd Avenue / west elevation. However, this is only a minor increase in
step back based upon the previous submittal which provided a step back between four
feet (4') and eight feet (8'). A more substantial step back can and should be provided.
The development proposal already has projected portions of the first and second levels
away from the core of the building and incorporated these projections as balconies for
the third level dwelling units. In order to more fully comply with the direction of the Board
to increase the step back between the upper and lower levels of the building, the lower
levels should be further projected toward the west and the balconies for the third level
dwelling units expanded to utilize this projected area. It is noted that these additional
projections should still accommodate the provision of adequate sight visibility at the SE
2nd Avenue parking garage entrance. The east elevation of the building, which abuts the
Florida East Coast (F.E.C.) Railroad right-of-way, will incorporate offsets between eight
feet (8') and 23' in order to provide relief to the structure.
In addition to the step backs and offsets provided, the architectural elevations of the
structure also incorporate numerous balconies with aluminum railings.. and a varying
Planning and Zoning Board Staff Report
Conditional Use Requests for Grove Square
Page 9
roofline including a standard parapet, a curved parapet, and a curved corrugated roof.
Several window shapes and patterns will also be included in the architecture along with
fluted parapet details, aluminum masts, and glass block and wire mesh set within an
aluminum frame to screen the parking garage while providing the necessary ventilation
and natural light. While the wire mesh accomplishes the task of providing ventilation and
natural light for the parking garage, the manner in which the wire mesh has been
incorporated into the design of the west elevation results in a rather heavy I bulky
appearance. Thus, in order to provide relief to the building mass along the lower levels
of the building, it is suggested that the commercial storefront architecture is extended
along the fa<;ade of the lower levels to the garage access on SE 2nd Avenue and that the
wire mesh screens south of said garage access are broken-up in a manner consistent
with the east elevation of the building.
Based upon the modifications made to the building design per the Boards previous
direction and the incorporation of the above suggestions into the building design, the
development proposal will be consistent with this performance standard.
(b) If the building includes a parking garage as an associated structure or within the
principal building, the garage elevation provides unified design elements with the
main building through the use of similar building materials and color, vertical and
horizontal elements, and architectural style. The garage is designed in a manner
that obscures parked vehicles except in places where unavoidable, such as
entrances and exits. Development of a portion of the ground floor perimeter
adjacent to street rights of way is devoted to window displays or floor area for
active uses such as retail stores, personal and business service establishments,
entertainment, offices, etc., is encouraged.
The development proposal does incorporate a parking garage on the first and second
levels of the structure. The building materials utilized with the parking garage are
architecturally consistent with materials utilized on the upper levels of the structure
despite not being identical. Further, the architecture of the structure includes vertical
lines that will emphasize a unified appearance. The parking garage elevations will
consist of split-face masonry, wire mesh screens set in an aluminum frame, and
decoratively utilized glass block. The wire mesh screens and glass block will permit
ventilation and natural light to enter into the parking garage and louvers will be provided
along the interior of the wire mesh to restrict lighting to within the parking garage. .
As with the previously discussed performance standard, it is again suggested that the
commercia.1 storefront architecture is extended along the fa<;ade of the lower levels to the
garage access on SE 2nd Avenue and that the wire mesh screens south of said garage
access are broken-up in a manner consistent with the east elevation of the building.
These modifications will improve the compatibility between the two building sections
(upper and lower) and allow the introduction of more similar building materials. Based
upon the above, and subject to the attached conditions of approval being incorporated
into the building design, the intent of this performance standard will be achieved.
(c) A number of different unit types, sizes and floor plans are available within the
development. Two and three bedroom units are encouraged, as are a combination
of multi-level units and flats. In projects consisting of more than twelve (12)
dwelling units, the proportion of efficiency or studio type units may not exceed
25% of the total units. There is no maximum percentage established for projects
Planning and Zoning Board Staff Report
Conditional Use Requests for Grove Square
Page 10
having twelve (12) or fewer units, however, a mix of unit types and sizes is
encouraged.
The development proposal will provide a mix of one and two-bedroom dwelling units with
twelve (12) different floor plans. There are 19 one-bedroom dwelling units ranging in
size between 948 and 1,246 square feet, and 36 two-bedroom dwelling units ranging in
size between 1,095 and 1,908 square feet. Based upon the above, the intent of this
performance standard has been achieved.
(d) The interiors of the dwelling units provide unique features and conveniences that
distingoish them from standard multi-family projects and create an attractive
living environment. Examples of some of the features that could be incorporated
to meet this standard are: ceiling heights of nine feet (9') or greater; extensive use
of natural lighting; panel doors throughout the interior; use of decorative molding
for baseboard, door and window casings; wood or ceramic tile flooring in all or a
portion of the units; built in cabinetry and/or shelving; arched entryways or
passageways; individual laundry facilities; special ~ecurity features; or a
combination of similar features and elements that meet the intent of this standard.
Along with the development plans, the applicant has provided a statement that the units
will have eleven foot (11') high ceilings, large amounts of natural light via extensive use
of glass including floor to ceiling windows in some locations, built-in cabinetry, decorative
moldings, granite counters, and individual laundry facilities as standard items. In
addition, the applicant has indicated that security features will be provided (Le. key pads
and/or key cards); however the exact nature of the security feature has not yet been
determined. Nonetheless, based upon the above, the intent of this performance
standard has been achieved.
(e) The development provides common areas and/or amenities for residents such as
swimming pools, exercise rooms, storage rooms or lockers, covered parking,
gardens, courtyards or similar areas and/or amenities.
The development proposal provides for most of the above referenced amenities, such as
a swimming pool, an exercise room, individual storage rooms, and covered parking.
Based upon the above, the intent of this performance standard has been achieved.
(f) The development promotes pedestrian movements by providing convenient
access from the residential units to the public sidewalk system. Pedestrian areas
adjacent to the building are enhanced by providing additional sidewalk area at the
same level as the abutting public sidewalk. Accessways to parking areas are
designed in a manner that minimizes conflicts between vehicles and pedestrians.
The public street or streets immediately adjacent to the development are
enhanced in a manner that is consistent with the streetscape in the downtown
area (i.e., installation of landscape nodes, extension of existing paver block
system, installation of approved street lighting, etc.).
The development proposal provides a safe and efficient pedestrian connection between
the buildings west entrance and the public sidewalk along SE 2nd Avenue. A second
pedestrian connection between the buildings north entrance and the public sidewalk
along East Atlantic Avenue via the breezeway between the existing retail uses also
exists; however it is suggested and attached as a condition of approval that a crosswalk
is striped-out across the drive aisle that bisects this crossing. While the public sidewalks
along SE 2nd Avenue and SE 1st Street already exist, the sidewalk alon9..SE 1st Street is
Planning and Zoning Board Staff Report
Conditional Use Requests for Grove Square
Page 11
not constructed with paver bricks and is therefore inconsistent with the balance of the
sidewalk adjacent to the property. Thus, it is attached as a condition of approval that the
concrete sidewalk along SE 1 st Street is replaced with a paver brick sidewalk consistent
with the balance of the downtown sidewalks.
Light poles and fixtures consistent with those along East Atlantic Avenue will be installed
adjacent to the subject property along SE 1st Street and SE 2nd Avenue where they do
not presently exist and/or to replace inconsistent light poles and fixtures. While this has
been noted on the proposed site plan it is also attached as a condition of approval.
Based on the above and subject to the attached conditions of approval being addressed,
this performance standard will be achieved.
(g) The development provides opportunities to share parking, accessways,
driveways, etc., with adjoining properties, or provides additional parking spaces
that may be used by the public.
The development proposal occupies virtually all of Block 85 and the Subdivision of Block:
85 plats with the exception of the parcel (Lot 1, Block 85) at the southeast corner of East
Atlantic Avenue and SE 2nd Avenue, which consists of two buildings occupied by Atlantic
Avenue Eye-Care and the V.F.W. Lodge. Thus, minimal opportunity exists to provide
accessways or parking to adjacent properties. The development proposal will however
provide twelve (12) new parallel public parking spaces along SE 2nd Avenue, which will
achieve the intent of this performance standard.
(h) Projects fronting on Atlantic Avenue, NE 1st Street or SE 1st Street contain
nonresidential uses on the ground floor. The nonresidential ground floor space
has ceilings not less than ten feet (10') in height. At least 50% of the surface area
of the front street wall(s) at the ground floor of each such building is devoted to
display windows and to entrances to commercial uses from outside the building.
The principle frontage of the subject property is along East Atlantic Avenue and the
development proposal will retain the existing commercial uses that front along this
arterial right-of-way. The existing buildings have a ceiling height in excess of ten feet
(10') and a surface area which is predominantly occupied by display windows and
entrances. The subject property also has approximately 66' of frontage along SE 1 st
Street; however the potential development of this frontage would typically be limited to
approximately 25' by the 40' sight visibility triangle required at the intersection of SE 2nd
Avenue and SE 1st Street. Therefore, it is reasonable to base compliance with this
performance standard only on the East Atlantic Avenue frontage, which exceeds the
requirements of this performance standard.
Of the eight (8) performance standards outlined in LOR Section 4.4.13(1), the subject
development proposal complies with five (5) outright. Compliance with the remaining three (3)
performance standards can be achieved subject to the attached conditions of approval being
addressed. Given this level of achievement with the performance standards it is appropriate to
grant the requested increase in density.
LOR SECTION 2.4.5CE) - REQUIRED FINDINGS:
Pursuant to LOR Section 2.4.5(E) (5), in addition to provisions of Chapter 3, the City
Commission must make findings that establishing the conditional use will not:
Planning and Zoning Board Staff Report
Conditional Use Requests for Grove Square
Page 12
(a) Have a significantly detrimental effect upon the stability of the neighborhood
within which it will be located;
(b) Hinder development or redevelopment of nearby properties.
The following table identifies the zoning designations and uses that are adjacent to the subject
property:
Zonina:
Use:
Various Retail Businesses
Milagro Center
North
South
CBD
Central Business District-Railroad
Corridor (CBD-RC)
CBD and Community Facilities (CF)
CBD
Parking Lot and Vacant Land
Various Retail Businesses
East
West
The development proposal will significantly enhance the aesthetics of the subject property
unifying the majority of the parcels under a single development. Further, the neighborhood and
the downtown as a whole will benefit by the inclusion of new residential dwelling units.
Increase in Heioht:
The increase in building height over the standard 48' to 54'-3" will not be detrimental to the
surrounding neighborhood. As discussed previously, the upper levels (third through fifth) of the
structure are proposed to be stepped.,back between four feet (4') and nine feet (9') from the
lower levels (first and second) along the west elevation. It is suggested however, that this step
back is increased by further projecting the lower levels of the building toward the west.
Further relief will be provided to reduce the perceived building mass along the SE 2nd Avenue I
west elevation via the utilization of offsets varying between four feet (4') and ten feet (10') within
the vertical planes of the fayade on the upper levels of the building. The east elevation of the
building, which abuts the F.E.C. Railroad right-of-way, will incorporate offsets between eight feet
(8') and 23' that will also provide relief to the structure.
Increase in Density:
The stability of the downtown area will be significantly enhanced by the addition of 55 residential
dwellings that will patronize area businesses and contribute to the long term. revitalization of the
downtown. They will help to create and sustain a demand for goods and services within the
downtown area, such as clothing stores and food markets, which will enhance commercial rents
and property values.
As discussed previously, the development proposal is located within the TCEA. Traffic in the
downtown area has increased significantly since the mid-1990's when the revitalization began to
take off and it has not at all deterred people from visiting the Central Business District. Stop and
go traffic and congested sidewalks are indicative of successful, healthy downtowns, and tend to
attract more people and greater investment in the area. Trips associated with this residential
development will principally occur during the AM and PM peak hours, whereas the majority of
the trips generated by the previous uses on site primarily occurred following the PM peak hours
and were substantially higher.
Based upon the above, positive findings can be made with respect to LDR Section 2.4.5(E) (5)
for the conditional requests pertaining to an increase in building height to a maximum of 60'
Planning and Zoning Board Staff Report
Conditional Use Requests for Grove Square
Page 13
(54'-3" is proposed) and to allow a density in excess of 30 units per acre (38.2 du/ac is
proposed).
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
}
r
In conjunction with the conditional use requests, a sketch plan in substantial compliance with
the submittal requirements for a site plan application was submitted and has been reviewed by
staff. If the conditional uses are approved, a full site plan submittal complying with LDR Section
2.4.3 will be required. Based upon staff's review of the sketch plan, the following analysis is
provided:
BuildinQ Setbacks:
Pursuant to LDR Section 4.4.13{G) (2), within the area encompassed by the boundaries of the
Downtown Development Authority (DDA) as originally established in LDR Section 8.2.2{B),
there shall be no required front, side interior, side street, or rear building setbacks except where
there is no dedicated access to the rear of a building, a ten foot (10') side setback shall be
provided. The subject property is located within the boundaries of"the original DDA and has
dedicated access to the rear of the existing and proposed structures; therefore no building
setbacks are required.
Parkina Reauirements:
The development proposal consists of 55 residential dwelling units and 800 square feet of retail
floor area. The parking requirements for a mixed-use project located in the CBD are calculated
as follows:
Step 1: The base parking requirements for each use in the project are determined
individually and are depicted in the following table:
Base Parking Requirements
Use
Par/fino Reouirement
Parkino SDaces Reouired
Residential Units
One Bedroom (19)
Two Bedrooms (36)
1.25 spaces per unit
1.75 spaces per unit
23.75
63
86.7&
Total
Guest Parking
Units 1 - 20
Units 21 - 50
Units 50 - 90
0.5 per unit
0.3 per unit
0.2 per unit
10
9
1
20
Total
Retail Floor Area
1 per 300 sQ. ft.
1 per 300 SQ. ft.
2.66
Existing Restaurant I Retail Floor Area
TOTAL
5.3 (Vested)
114.71 (115)
Step 2: Pursuant to LDR Section 4.6.9(C) (8) (a), the minimum parking requirement for
mixed-use buildings in the CBD shall be determined by the peak parking demand
period. The peak demand period for the Grove Square project is the period from
6:00 P.M. to Midnight during weekdays. The following shared parking table has
been modified to reflect the uses associated with the development proposal and to
depict the resulting parking requirement within the timeframe:
Planning and Zoning Board Staff Report
Conditional Use Requests for Grove Square
Page 14
Mixed-Use Parking Requirements
Use
Base Parking
Requirement
31.75
2.6
80.3
Weekday - Evening
6 P.M. to Midnight
90%
90%
100%
Total Required Parking:
Shared Parking
Requirement
28.57
2.39
80.3
111.26 (112)
Residential
Commercial/Retail
Other *
* - This figure represents the vested parking requirement for the existing restaurant and retail floor area that is not
being modified with this development proposal (5.3), and the reservation of 75 parking spaces for the
residential dwelling units and guest parking on the second parking garage level.
Based upon the above methodology, the total number of parking spaces required is 110. The
project provides 125 parking spaces on-site, which includes the parking garage (123 spaces)
and the surface spaces located to the south of the restaurant and retail buildings that are to
remain (2 spaces). It is noted that the conversion of any commercial floor area to restaurant will
require the processing of a site plan modification which must address the additional parking
demand. .
Compact Parking:
Pursuant to LDR Section 4.6.9(C) (1) (g), up to 30% of the required parking for any use may be
designated for compact cars. The development proposal includes nine (9) compact parking
spaces located within the parking garage. This represents approximately 7.2% of the total
spaces, thus meeting the requirement.
Handicapped Accessible Parkino:
Pursuant to LDR Section 4.6.9(C) (1) (b), special parking spaces designed for use by the
handicapped shall be provided pursuant to the provisions of Florida Accessibility Code for
Building Construction. Accessibility for residential structures is covered by the Federal Fair
Housing Act. Pursuant to this act, two percent (2%) of the parking spaces serving the
development must be handicapped accessible and accessible visitor spaces should be provided
at a rate in accordance with the local code. Based upon the 125 parking spaces provided, the
development must provide a minimum of three (3) handicap accessible parking spaces and
three (3) handicap accessible parking spaces have been provided.
On-Street Parkinq:
Although not counted toward meeting the parking requirements for the project, twelve (12)
public parking spaces are being provided by the developer within the SE 2nd Avenue right-of-
way. Although available to the general public, these spaces should help meet the shorter term
parking requirements of residents and guests of the project. A maximum time limit of two (2)
hours during the daytime should be imposed by the City to prevent long term parking.
Liohtina:
A photometric plan has not been submitted for the development proposal. A photometric plan
consistent with the requirements of LDR Section 4.6.8, that includes the lighting coverage for
the parking garage, will need to be submitted during the site plan review process and is
attached as a condition of approval.
Also, as noted previously, it is attached as a condition of approval that light poles and fixtures
consistent with those along East Atlantic Avenue are installed adjacent to the subject property
Planning and Zoning Board Staff Report
Conditional Use Requests for Grove Square
Page 15
along SE 1S1 Street and SE 2nd Avenue where they do not presently exist and/or to replace
inconsistent light poles and fixtures.
Sidewalks:
As noted previously, public sidewalks along SE 2nd Avenue and SE 1s1 Street already exist.
However, the sidewalk along SE 1st Street is not constructed with paver bricks and is therefore
inconsistent with the balance of the sidewalk adjacent to the property. Thus, it is attached as a
condition of approval that the concrete sidewalk along SE 1s1 Street is replaced with a paver
brick sidewalk consistent with the balance of the downtown sidewalks.
Plat:
As the development proposal will likely include the dedication and abandonment of various
easements, a plat must be processed and recorded prior to issuance of a building permit and is
attached as a condition of approval.
Community Redevelopment Agency:
The Community Redevelopment Agency (CRA) will review the development proposal at its
meeting of August 12, 2004. The Boards recommendation will be presented at the Planning
and Zoning Board meeting.
Downtown Development Authority:
The Downtown Development Authority (DDA) will review the development proposal at its
meeting of August 13, 2004. The Boards recommendation will be presented at the Planning
and Zoning Board meeting.
Site Plan Review and Appearance Board (SPRAB):
If the conditional use requests are granted, a site plan application addressing the outstanding
technical comments would need to be approval by the SPRAB. Final action on the site plan will
rest with the SPRAB.
Courtesy Notice:
Courtesy notices have been provided to the following homeowner's and/or civic associations
which have requested notice of developments in their areas:
o Delray Beach Chamber of Commerce
o President's Council
o Progressive Residents of Delray (P.R.O.D.)
Public Notice:
Formal public notice was provided to property owners within a 500' radius of the subject
property prior to the Planning and Zoning Board meeting of July 19, 2004. As the proposal was
not tabled to a time-certain date; a second formal public notice has subsequently been provided.
Letters of support or objection, if any, will be presented at the Planning and Zoning Board
meeting.
Planning and Zoning Board Staff Report
Conditional Use Requests for Grove Square
Page 16
The proposed conditional uses are to allow for a mixed-use structure having a height in excess
of 48' (54'-3" is proposed) and to allow for a density in excess of 30 units per acre within the
CBD (38.2 du/ac is proposed). As described in this staff report the request for additional height
meets with the criteria established in LDR Section 4.3.4(J) (4) (b), and the increase in density
above 30 units per acre is supportable as the project meets or exceeds the Performance
Standards found in LDR Section 4.4.13(1). The provision of additional residential dwelling units
within the downtown area will further the long term revitalization and stabilization of the CBD.
The proposed use is consistent with the objectives and policies of the Comprehensive Plan and
Chapter 3 of the LOR. Positive findings can be made with respect to LDR Section 2.4.5(E) (5)
regarding compatibility of the proposed development with the surrounding properties regarding
the requested increases in building height and density. It is noted that pursuant to LOR Section
4.4.13(1) (1), despite the fact that compliance with the performance standards is possible subject
to the attached conditions, the Board may deny the application for increased density if the Board
does not agree that the proposed changes are compatible in terms of building mass and
intensity of use with surrounding development. .
A. Continue with direction.
B. Move a recommendation of approval of the conditional use requests to allow for a building
height in excess of 48' (54'-3") and a density in excess of 30 units per acre (38.2 du/ac) for
Grove Square, by adopting the findings of fact and law contained in the staff report, and
finding that the request and approval thereof is consistent with the Comprehensive Plan and
meets criteria set forth in Sections 2.4.5(E) (5), 4.3.4(J) (4) (b), 4.4.13(1), and Chapter 3 of
the Land Development Regulations, subject to conditions.
C. Move a recommendation of denial of the conditional use requests to allow for a building
height in excess of 48' (54'-3") and a density in excess of 30 units per acre (38.2 du/ac) for
Grove Square, by adopting the findings of fact and law contained in the staff report, and
finding that the request is inconsistent with the Comprehensive Plan and does not meet
criteria set forth in Sections 2.4.5(E) (5), 4.3.4(J) (4 ) (b), 4.4.13(1), and Chapter 30f the Land
Development Regulations.
By Separate Motions:
o Move a recommendation of approval of the conditional use request to allow for a building
height in excess of 48' (54'-3") for Grove Square, by adopting the findings of fact and law
contained in the staff report, and finding that the request and approval thereof is consistent
with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E) (5), 4.3.4(J)
(4) (b), and Chapter 3 of the land Development Regulations;
o Move a recommendation of approval of the conditional use request to allow for a density in
excess of 30 units per acre (38.2 du/ac) for Grove Square, by adopting the findings of fact
and law contained in the staff report, and finding that the request and approval thereof is
consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E) (5),
4.4.13(1), and Chapter 3 of the land Development Regulations;
Planning and Zoning Board Staff Report
Conditional Use Requests for Grove Square
Page 17
With said approvals to be subject to the following conditions:
1. That the outstanding technical comments listed in Appendix "A" are addressed prior
to site plan approval;
2. That a contribution of $7,500 (approximately half the cost of a shelter) is paid prior to
certification of the site plan for the development for the provision of a Palm Tran bus
stop shelter at the corner of SE 1st Street and SE 1st Avenue;
3. That a bicycle rack is located adjacent to these existing commercial uses on the
north end of the subject property;
4. That the lower levels of the building should be further projected toward the west and
that the balconies for the third level dwelling units are expanded to utilize this
projected area;
5. That the commercial storefront architecture is extended along the fayade of the lower
levels to the garage access on SE 2nd Avenue and that the wire mesh screens south
of said garage access are broken-up in a manner consistent with the east elevation
of the building.
6. That a crosswalk is striped-out across the drive aisle bisecting the crossing from the
north entrance of the structure to.the breezeway leading to East Atlantic Avenue;
7. That the concrete sidewalk within the SE 1 st Street right~of-way is replaced with a
paver brick sidewalk consistent with the balance of the downtown sidewalks;
8. That light poles and fixtures consistent with those along East Atlantic Avenue are
installed adjacent to the subject property along SE 1 st Street and SE 2nd Avenue
where they do not presently exist and/or to replace inconsistent light poles and
fixtures;
9. That a photometric plan consistent with the requirements of LOR Section 4.6.8, that
includes the lighting coverage for the parking garage is submitted during the site plan
review process; and
10. That a plat is processed and recorded prior to issuance of a building permit.
Attachments: Appendix uA': Location Map, Site Plan, Floor Plans, Architectural Elevations, and Building Section
Staff Report Prepared by: Robert G. Tefft, Senior Planner
Planning and Zoning Board Staff Report
Conditional Use Requests for Grove Square
Page 18
1. Pursuant to LOR Section 2.4.3(B) (8), depict the approximate locations of aboveground and
underground utilities including water, sewer, drainage, power, gas, telephone, and cable television;
poles and guy wires, transformer boxes, etc. The plan shall also identify the disposition of all such
utilities.
2. Pursuant to LOR Section 2.4.3(B) (14), depict the manner in which all utility services are to be
provided to the site and structures on site.
3. Pursuant to LOR Section 2.4.3(B) (15), provide a sketch/detail of the proposed aluminum fence, wall,
balcony railings, and wire mesh screen.
4. Pursuant to LOR Section 2.4.3(B) (17), depict the locations of the proposed light fixtures both within
the parking garage and on the site. Also, provide a detail of the light fixtures/poles along with a
photometric plan. The photometric plan should include data regarding both the interior of the building
and site.
5. Pursuant to LOR Section 2.4.3(B) (18), while a trash compactor has been included to serve the
proposed building, provide facilities for the existing retail and restaurant uses. Also, provide a detail
of the proposed facility and enclosure with notations for the type of gating and materials used for the
enclosure.
6. Pursuant to LOR Section 2.4.3(F) (4), provide a composite utility plan that shows the location of all
existing and proposed utilities (water, sewer, power, telephone, gas, cable, drainage, etc;). The
composite plan shall be signed by a representative of each utility provider attesting to the fact that
services can be accommodated as shown on the composite utility plan. The composite plan shall
address the responsibility for relocation of existing services and installation of new services.
7. Pursuant to LOR Section 4.6.9(0) (3) (c) (1),50' of stacking distance is required between the SE 2nd
Avenue right-of-way and the drive aisle with the parking garage and only 35' has been provided.
8. Pursuant to LOR Section 4.6.16(H) (3) 0), each row of parking spaces shall be terminated by a
landscape island. The parking tier at the north end of the property (outside of the parking garage) is
not terminated by such a landscape island.
9. A raised concrete island should be constructed at the north end of the west parking tier of the garage
levels.
10. The balconies for units "A15" and "C9" encroach into the F.E.C. Railroad right-of-way and must be
reduced.
11. There is a concern with regard to the accessibility of the proposed trash compactor. The trash
compactor may need to be installed at an angle in order to ensure accessibility. Provide the turning
movements for trash compactor access on the site plan.
12. The area abutting the south side of the compactor should be striped as "no parking".
13. Provide a copy of the required SFWMO permit for this project.
14. Indicate proposed elevations on existing roadway.
15. Provide a typical cross section from building to adjacent right-of-way or adjacent property at all
property lines. Pay particular attention to grade differential from proposed site to existing adjacent
properties and show the existing grades on adjacent property.
Planning and Zoning Board Staff Report
Conditional Use Requests for Grove Square
Page 19
16. Site is required to retain 5 year 1 hour storm (3.2") in addition to meeting water quality criteria (1").
Provide signed and sealed drainage calculations and indicate how storm water will be retained on
site.
17. Provide certified exfiltration trench test results.
18. Show nearest existing drainage structures and indicate how proposed design will not create ponding
water.
19. Indicate on plans how the roof drainage is accommodated.
20. Provide paving cross sections.
21. Clearly indicate on plans the limits of all curbing.
22. Indicate how handicap access is provided to structure in conformance with AOA standards and
handicap spaces are to be provided in accordance with Florida Accessibility Code for Building
Construction.
23. Parking layout and striping need to follow City of Oelray Beach standar<.ls. Provide standard City of
Oelray Beach parking stall detail. Remove parking detail from site plan and only show on engineering
plan.
24. Indicate stop bars and signs at egress drives as well as providing interior traffic control markings and
signage. Clearly indicate onsite traffic control.
25. Show existing fire hydrant at intersection of SE 2nd Avenue and SE 1st Street.
26. Provide note that water meter sizes are to be determined by the City of Oelray Beach Utility
Oepartment upon building permit application and remove the size indicated on the engineering plans.
27. Provide standard city RPZ backfJow preventor detail on plans.
28. A clean out will be required on the sewer service at the right-of-way line and/or easement line.
Renumber cleanouts.
29. Indicate typical configuration and location of proposed sewer services with clean outs.
30. Indicate rim and invert of upstream and down stream manholes of proposed sewer laterals.
31. Engineer is to field verify location, size and depth of existing City of Oelray Beach utilities prior to
submitting Final Engineering Plans.
32. Indicate location of irrigation water meters.
33. Provide signed and sealed calculations indicating that existing lift station and force main which
collects waste from proposed site has sufficient volumetric and pumping capacity. Also, confirm that
downstream gravity sewer mains have sufficient capacity.
34. A certified engineer's estimate will be required for improvements within rights-of-way. A 110% surety
and 2% engineering inspection fees will be required. A Financial Guarantee and Agreement for
Completion of Required Improvements is required. For additional information see Section II of the
City of Oelray Beach Minimum Construction Standards. Prior to Certificate of Occupancy and the
return of the 110% surety a 10% warranty surety will be required.
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FROM:
DIRECTOR OF PLANNING AND ZONING
TO:
THRU:
SUBJECT:
MEETING OF OCTOBER 3, 2006
CONDITIONAL USE APPROVAL TO RE-ESTABLISH A CHILD CARE FACILITY FOR CHILDREN
OF DESTINY DAY CARE (FKA PAT'S HAPPY FACE), LOCATED AT 601 NW 2nd STREET,
WHICH IS ON THE NORTHWEST CORNER NW 2ND STREET AND NW 6TH AVENUE.
The subject property is the east 87 feet of the south 123 feet of Block 10, Town of Delray and contains
approximately 0.25 acres. In 1988, the City Commission approved a conditional use application for Honey Bee's
Naps and Laps, to convert a single-family residence to a child care facility with a capacity of 21 children. With the
establishment of the child care facility a 5 space parking area was constructed on the north side of the structure, a
drop-off area on the east side of the structure, and a play area was established on the west side of the property.
Subsequent to the City Commission approval, other modifications were made, including a 333 sq. ft. addition on the
east side of the building, and the capacity was increased to 33 children. In 1996, the facility closed and was
converted back to a single-family residence.
On April 4, 2000, the City Commission approved a conditional use application for Pat's Happy Face Learning
Center, (aka Honey Bee's Naps and Laps) to re-establish a child care facility with a capacity of 33 children. On July
15, 2004, the facility closed and was converted back to a single-family residence. When a conditional use has been
abandoned for a period of 180 days, any re-establishment of the use requires a new conditional use approval. A
conditional request is now before the Commission to re-establish the conditional use for Children of Destiny Day
Care with 33 children. A detailed description and analysis of the proposal is contained within the attached Planning
and Zoning Board staff report of September 18, 2006.
The Planning and Zoning Board held a public hearing on this request on September 18, 2006. After discussion the
Board voted unanimously (7-0) to recommend to the City Commission approval of the re-establishment of the child
care facility, by adopting the findings of fact and law contained in the staff report, and finding that the request is
consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(E)(5) (Compatibility) and
Chapter 3 (Performance Standards) of the Land Development Regulations, subject to the following conditions:
1. That the maximum enrollment for the child care facility be 33 children (16 babies and 17 toddlers with ages
ranging from 2 months to 5 years of age) and that hours of operation will be from 7:00 a.m. to 6:00 p.m.;
2. That a site plan modification be processed to address: a) changes to the parking area to comply with the
required 6' (depth) maneuvering area (instead of the proposed 5' depth) for the dead-end parking area located
to the northwest side of site; b) that the applicant shall depict on the site plan and landscape plan wheel stops
for each parking space and visibility triangles; c) That the location for solid waste disposal and recycling
facilities, including a detail of the height, screening materials, and gating to be used for the enclosure be
depicted on the site plan and landscape plan; and
3. That the outstanding landscape technical comments listed in Appendix liB" of the staff report be addressed prior
to certification of the site plan.
<1.D
City Commission Oocumentation: Meeting of October 3, 2006
Conditional Use for Children of Oestiny
Page 2
Move a recommendation of approval of the conditional use request to re-establish a child care facility for Children of
Destiny Day Care, by adopting the findings of fact and law contained in the staff report, and finding that the request is
consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(E)(5) (Compatibility) and Chapter 3
(Performance Standards) of the Land Oevelopment Regulations, subject to the conditions listed in the Planning and
Zoning Board Staff Report.
Attachments:
P & Z Staff Report of September 18, 2006
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRA Y BEACH, FLORI DA
CONDITIONAL USE REQUEST FOR THE CHILDREN OF DESTINY DAY CARE
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. This conditional use request has come before the City Commission on
October 3,2006.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the conditional use request for the
Children of Destiny Day Care. All of the evidence is a part of the record in this case.
Required findings are made in accordance with Subsections I and II.
I. COMPREHENSIVE PLAN
a. Comprehensive Plan - Future Land Use and Map: Is the future use and
intensity of the development consistent with the future land use map and
comprehensive plan and is it appropriate in terms of soil, topographic, and other
applicable physical considerations, complementary to adjacent land uses, and fulfills
remaining land use needs?
Yes No
b. Concurrency: Concurrency as defined pursuant to Objective B-2 of
the Land Use Element of the Comprehensive Plan must be met and a determination
made that the public facility needs of the requested land use and/or development
application will not exceed the ability of the City to fund and provide, or to require the
provision of, needed capital improvements for the following areas:
Are the concurrency requirements met as respect to water, sewer,
drainage, streets and traffic, parks, open space, solid waste and
schools?
Yes
No
c. Consistency: Will the granting of the conditional use be consistent
with and further the goals and policies of the Comprehensive Plan?
1
Yes
No
II. LOR REQUIREMENTS:
a. LOR Section 2.4.5(E) Reauired Findinas: (Conditional Use): Pursuant
to Section 2.4.5(E)(5), in addition to provisions of Chapter 3, the conditional use will not:
I. Have a significantly detrimental effect upon the stability of the
neighborhood within which it will be located;
ii. Hinder development or redevelopment of nearby properties.
Will the requirements of Section 2.4.5(E)(5) be met?
Yes No
b. LOR Section 4.3.3(E) - Child Care Facilities:
(1) Lot Area: The minimum lot area shall be 7,500 square feet.
(2) Floor Area: Facilities shall contain a minimum floor area of 35
square feet per child, exclusive of space devoted to bathrooms, halls,
kitchen, offices, and storage.
(3) Outdoor Area: There shall be a minimum area of 75 square feet
of outdoor play area per child. The play area shall be located on the
same lot as the principal use and shall not be located in the front yard
setback or adjacent to any outdoor storage area. The play area shall be
surrounded by a six-foot high fence or wall.
(4) Loadina Area: A pickup and drop-off area for children shall be
provided in a convenient area adjacent to the building and shall provide
clear ingress and egress to the building.
(5) Other Reaulations: All child care facilities shall comply with State
and County regulations.
Will the requirements of Section 4.3.3(E) be met?
Yes No
3. Shall the conditions, 1-3, as set forth on page 1 of the staff report be
incorporated herein?
2
Yes No
4. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the conditional use request was submitted.
5. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses supporting these findings.
6. Based on the entire record before it, the City Commission approves _
denies _ the conditional use request subject to conditions set forth in the staff report
and hereby adopts this Order this 3rd day of October, 2006, by a vote of in favor
and opposed.
Jeff Perlman, Mayor
ATTEST:
Chevelle Nubin
City Clerk
3
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
September 18, 2006
IV.A.
Conditional Use Request to Allow the Re-Establishment of a Child Care
Facility, Children of Destiny (fka Pat's Happy Face Learning Center), Located
at the Northwest Corner of Martin Luther King Jr. Drive (N.W. 2nd Street) and
N.W. 6th Avenue.
GENERAL DATA:
Owner............................. Rosalia Ferraz Vidal
Future Land Use Map..... Low Density (0-5 units/acre)
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AgentlApplicant.............. Valora Burks/Betty Graham
Location.......................... Northwest corner of N.W. 2nd Street
and N.W. 6th Avenue
Property Size.................. 0.25
N.W.
Current Zoning............... R-1-A (Single Family Residential)
Adjacent Zoning....North: R-1-A
East: R-1-A
South: R-1-A
West: R-1-A
Existing Land Use.......... Single Family Residence
Proposed Land Use........ Re-establish a child care facility.
Water Service................. Existing on site
Sewer Service................ Existing on site
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IV.A.
The action before the Board is making a recommendation to the City Commission on a
request for Conditional Use approval to re-establish a child care facility for Children of
Destiny Day Care (fka Pat's Happy Face), pursuant to LOR Section 2.4.5(E).
The subject property is located at 601 NW 2nd Street, which is on the northwest corner of
Martin Luther King Jr. Drive (NW 2nd Street) and NW 6th Avenue.
The subject property consists of the east 87 feet of the south 123 feet of Block 10, Town
of Delray and contains approximately 0.25 acres. In 1988, the City Commission
approved a conditional use application for Honey Bee's Naps and Laps, to convert a
single-family residence to a child care facility with a capacity of 21 children. With the
establishment of the child care facility a 5 space parking area was constructed on the
north side of the structure, a drop-off area on the east side of the structure, and a play
area was established on the west side of the property. Subsequent to the City
Commission approval, other modifications were made, including a 333 sq. ft. addition on
the east side of the building, and the capacity was increased to 33 children. In 1996, the
facility closed and was converted back to a single-family residence.
On April 4, 2000, the City Commission approved a conditional use application for Pat's
Happy Face Learning Center, (aka Honey Bee's Naps and Laps) to re-establish a
child care facility with a capacity of 33 children, a 5 space parking area on the north side
of the structure, a drop-off area on the east side of the structure, and a play area on the
west side of the property. On July 15, 2004, the facility closed and was converted back
to a single-family residence
The property is currently zoned R-1-A (Single-Family Residential) which allows child
care centers as a Conditional Use. When a conditional use has been abandoned for a
period of 180 days, any re-establishment of the use requires a new conditional use
approval. Therefore, a new conditional use application to re-establish the child care
facility is now before the Board for action.
The Conditional Use request is to re-establish a child care facility known as Children of
Destiny Day Care (fka Pat's Happy Face). The applicant has submitted the following
narrative, which describes the operation:
A full operational child care center with ages ranging from 2 months to 5 years of
age. Time of operation will be from 7:00 a.m. to 6:00 p.m. This child care facility
hopes to be contracted by Palm Beach County, School Board, Child Care Services,
for cliental and quality assurance. Total of children will be 33, sixteen (16) babies
and seventeen (17) toddlers.
Planning and Zoning Board Staff Report meeting of 09/18/06
Conditional Use Approval - Children of Oestiny, fka Pat's Happy Face
Page 2
REQUIRED FINDINGS: (Chapter 3):
Pursuant to Section 3.1.1 (Required Findings), prior to the approval of
development applications, certain findings must be made in a form which is part
of the official record. This may be achieved through information on the
application, the staff report, or minutes. Findings shall be made by the body,
which has the authority to approve or deny the development application. These
findings relate to the following four areas.
FUTURE LAND USE MAP: The use or structures must be allowed in the zone
district and the zoning district must be consistent with the land use designation.
The subject property has a Future Land Use Map designation of LD (Low Density
Residential) and is zoned R-1-A (Single-Family Residential). The R-1-A zoning district
is consistent with the LD Future Land Use Map designation. Pursuant to LOR Section
4.4.3(0)(1), within the R-1-A zoning district, child care facilities are allowed as a
Conditional Use. Based upon the above, positive findings can be made with respect to
consistency with the Future Land Use Map.
CONCURRENCY: Facilities which are provided by, or through, the City shall be
provided to new development concurrent with issuance of a Certificate of
Occupancy. These facilities shall be provided pursuant to levels of service
established within the Comprehensive Plan.
In the preparation of the Delray Beach Comprehensive Plan, the land use designations
throughout the entire planning and service area were considered in the overall land use
pattern, assessment of level of service, the provision of services, and meeting
remaining land use needs. This petition is related to re-establishing a previously
approved child care facility. The current petition has the same impact as the previously
approved facility located on this site. Based upon the above, positive findings can be
made with respect to Concurrency.
CONSISTENCY: Compliance with performance standards set forth in Chapter 3
and required findings in Section 2.4.5(E)(5) for the Conditional Use request shall
be the basis upon which a finding of overall consistency is to be made. Other
objectives and policies found in the adopted Comprehensive Plan may be used in
making a finding of overall consistency.
COMPREHENSIVE PLAN POLICIES:
A review of the goals, objectives and policies of the City's adopted
Comprehensive Plan was conducted and no applicable objectives or policies
were found.
Planning and Zoning Board Staff Report meeting of 09/18/06
Conditional Use Approval - Children of Oestiny, fka Pat's Happy Face
Page 3
SECTION 2.4.5(El REQUIRED FINDINGS: (Conditional Use)
Pursuant to Section 2.4.5(E)(5) (Findings), in addition to provisions of Chapter 3,
the City Commission must make findings that establishing the conditional use
will not:
A. Have a significantly detrimental effect upon the stability of the
neighborhood within which it will be located;
B. Nor that it will hinder development or redevelopment of nearby
properties.
The subject property is surrounded by the R-1-A zoning district. The surrounding land
uses consist primarily of vacant property and single family residences. However, to the
southeast of the property the Full Gospel Assembly Church exists.
Compatibility with the adjacent residences is not a concern as the previous child care
facility had co-existed with the adjacent residences for approximately 12 years. With
the previously approved site plan and landscape plan a 6' high hedge, a tree every 25'
and chain link fencing were provided on the north and west sides of the property. The
proposed use will not have an adverse impact on the surrounding area nor will it hinder
development or redevelopment of nearby properties.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
In conjunction with the Conditional Use request a sketch plan was submitted,
which has been reviewed by staff. Based upon staff's review of the sketch plan
and site inspections, the following technical comments have been identified.
Parkina
Pursuant to LOR Section 4.6.9(C)(7)(h), child care facilities must provide 1 parking
space per 300 sq.ft. of total floor area. Further, parking is to be designed to enable
vehicles to enter and exit a site in a forward manner.
The existing 1,500 sq.ft. facility requires 5 parking spaces and 5 have been provided
within an approved parking area on the north side of the structure. Thus, the parking
requirement has been met. It is noted however, that pursuant to LDR Section 4.6.9(D)
(4) (c), dead end parking bays shall be designed so that there is a 24' wide by 6' deep
maneuvering area at the end of the bay. This maneuvering area shall not encroach
upon required landscape areas. The applicant shall reconfigure the proposed parking
lot to provide a 6' (depth) by 24' (width) maneuvering area (instead of the proposed 5'
depth) for the dead-end parking area located to the northwest side of site. Also, the
applicant will need to depict on the site plan and landscape plan wheel stops for each
parking space. This will require some minor changes at the west end of the parking area
and is attached as conditions of approval.
Planning and Zoning Board Staff Report meeting of 09/18/06
Conditional Use Approval- Children of Destiny, fka Pat's Happy Face
Page 4
Visibilitv Trianales
Pursuant to LDR Section 4.6.14(A) when an access way intersects a public right-of-way
or when the subject property abuts the intersection of two or more public right-of-way,
triangular areas shall provide unobstructed cross-visibility. Visibility triangles for the
access way along N.W. 6th Avenue, the exit driveway along N.W. 2nd Street, and at the
intersection of N.W. 6th Avenue and N.W. 2nd Street need to be depicted to comply
with this requirement, and thus, this is attached as a condition of approval.
Solid Waste Disposal
The location for solid waste disposal and recycling facilities need to be indicated on the
site plan and landscape plan. Pursuant to Land Development Regulations (LDR)
Section 2.4.3 (8) (18) a detailed plan which identifies the height, screening materials,
and gating to be used for the enclosure must be also provided, and thus, this is
attached as a condition of approval
LDR 4.3.3(E) - Child Care Facilities
Lot Area:
Pursuant to LDR Section 4.3.3 (E)(1), the minimum lot area required for child care
facilities is 7,500 square feet. The total lot area of the subject property is 10,701 sq. ft.,
thus this requirement has been met.
Floor Area:
Pursuant to LDR Section 4.3.3 (E)(2), child care facilities shall contain a minimum floor
area of 35 sq. ft. per child, exclusive of space devoted to bathrooms, halls, kitchen,
offices and storage. The structure contains a total of 1,568 sq. ft. in which 1,330 sq. ft.
is usable floor area thus, allowing a maximum of 38 children. The applicant is
requesting a conditional use approval for a total capacity of 33 children, (sixteen babies
and 17 toddlers).
Outdoor Area:
Pursuant to LDR Section 4.3.3 (E)(3), there shall be a minimum of 75 sq. ft. of outdoor
play area per child. The play area shall be located on the same lot as the principal use
and shall not be located in the front yard setback or adjacent to any outdoor storage
area. A 6' high fence or wall shall surround the play area. The applicant has provided
2,850 sq. ft. of outdoor play area, allowing a maximum of 38 children. A 6' high chain
link fence and a hedge exists around the outdoor play area, which is located on the
west side of the property. Thus, this requirement has been met.
Planning and Zoning Board Staff Report meeting of 09/18/06
Conditional Use Approval - Children of Oestiny, fka Pat's Happy Face
Page 5
Loading Area:
Pursuant to LOR Section 4.3.3 (E)(4), a pick-up and drop-off area for children shall be
provided in a convenient area adjacent to the building and shall provide clear ingress
and egress to the building. A one-way drop-off/drive aisle exists on the east side of the
structure which takes access off of NW 6th Avenue and exits onto Martin Luther King, Jr.
Drive (NW 2nd Street). Thus this requirement has been met.
The application complies with LOR Section 4.3.3(E) relating to Child Care Facilities as it
did with the previous conditional use approval.
The development proposal is not located within a geographical area requiring review by
the Downtown Development Authority (DDA).
Community Redevelopment Aaency
At its meeting of August 10, 2006, the CRA reviewed and recommended approval of the
conditional use request.
Public Notice:
Formal public notice has been provided to property owners within a 500 foot radius of
the subject property. Letters of objection, if any, will be presented at the Planning and
Zoning Board meeting.
Courtesy Notice:
Courtesy notices have been provided to the following homeowner's associations, which
have requested notice of developments in their areas:
. Jerry Franciosa, Progressive Residents of Delray (PROD)
. Carolyn Zimmerman, Presidents Council
. Pamela Williams
. Patricia Westall
. Charles Stravino
. Neighborhood Advisory Council
Letters of objection or support, if any, will be presented at the Planning and Zoning
Board meeting.
Planning and Zoning Board Staff Report meeting of 09/18/06
Conditional Use Approval - Children of Destiny, fka Pat's Happy Face
Page 6
The request to re-establish the child care center use is consistent with the policies of the
Comprehensive Plan and Chapter 3 of the Land Development Regulations provided the
conditions of approval are addressed which will require a site plan modification.
Positive findings can be made with respect to Section 2.4.5(E)(5) regarding compatibility
of the proposed use with surrounding properties.
A. Postpone with direction.
B. Move a recommendation of approval to the City Commission for the Conditional
Use request to re-establish a child care facility Children of Destiny fka Pat's
Happy Face, by adopting the findings of fact and law contained in the staff
report, and finding that the request is consistent with the Comprehensive Plan
and meets criteria set forth in Section 2.4.5(E)(5) (Compatibility) and Chapter 3
(Performance Standards) of the Land Development Regulations.
C. Move a recommendation of denial to the Conditional Use request to re-establish
a child care facility Children of Destiny fka Pat's Happy Face, 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(E)(5), and the Land Development Regulations.
Move a recommendation of approval to the City Commission for the Conditional Use
request to re-establish a child care facility Children of Destiny fka Pat's Happy Face,
by adopting the findings of fact and law contained in the staff report, and finding that the
request is consistent with the Comprehensive Plan and meets criteria set forth in
Section 2.4.5(E)(5) (Compatibility) and Chapter 3 (Performance Standards) of the Land
Development Regulations, subject to the following conditions:
1. That the maximum enrollment for the child care facility be 33 children (16 babies
and 17 toddlers with ages ranging from 2 months to 5 years of age) and that
hours of operation will be from 7:00 a.m. to 6:00 p.m.;
2. That a site plan modification be processed to address: a) changes to the parking
area to comply with the required 6' (depth) maneuvering area (instead of the
proposed 5' depth) for the dead-end parking area located to the northwest side of
site; b) that the applicant shall depict on the site plan and landscape plan wheel
stops for each parking space and visibility triangles; c) That the location for solid
waste disposal and recycling facilities, including a detail of the height, screening
Planning and Zoning Board Staff Report meeting of 09/18/06
Conditional Use Approval - Children of Oestiny, fka Pat's Happy Face
Page 7
materials, and gating to be used for the enclosure be depicted on the site plan
and landscape plan: and
3. That the outstanding landscape technical comments listed in Appendix "A" are
addressed prior to certification of the site plan.
Attachments:
· Location Map
· Landscape Plan
· Site Plan
· Appendix "A"
Report Prepared By: Estelio Breto. Senior Planner
Planning and Zoning Board Staff Report meeting of 09/18/06
Conditional Use Approval- Children of Oestiny, fka Pat's Happy Face
Page 8
1. The applicant shall identify and provide the location of all existing trees on neighboring
property that are in close proximity to the perimeter of this site. The canopy of these
trees shall be shown at their mature size.
2. All utilities which would include overhead lines, easements, water, sewer, cable
television, telephone, FPL boxes, outdoor lighting and clean-outs shall be shown on the
landscape plan to avoid conflicts with proposed landscaping.
3. Per 4.6.16(D) (4) (a) the ultimate mature height and width of a tree to be planted should
not exceed the available overhead growing space. Tree species shall be consistent with
the most recent publication of FPL's "Plant the Right Tree in the Right Place" which
provides recommendations for tree selections. There are existing Live Oak trees under
power lines that will need to be removed or relocated. Trees which follow FPL
guidelines shall be installed.
4. Per 4.6.16(H)(3)(a) a strip of land at least five (5) feet in depth located between the off-
street parking area or other vehicular use area and the right-of-way shall be provided for
landscaping. The minimum width has not been provided along the east and south sides
of this site. Hedges shall be planted along the interior perimeter of the landscape strip.
5. Per 4.6.16(H) (4) (d) foundation landscaping shall be provided for building elevations
that are visible from adjacent rights-of-way. This applies to the east and south sides of
the site.
6. When a driveway intersects a right-of-way, no shrubbery, wall or fence can be installed
or maintained at a height that exceeds 36 inches for a distance of 20 feet from the
intersection of the driveway and property! right-of-way line. Show the visibility triangles
on the east and south sides of the site.
7. For corner properties, no hedge, fence or wall can be installed or maintained at a height
that exceeds 36 inches for a distance of 40 feet from the intersection of the two propertyl
right-of-way lines. This applies to the southeast corner of the site.
8. The applicant shall submit a landscape plan, signed and sealed by a registered
landscape architect. The previously approved landscape plan is in violation of many of
our existing codes. The applicant shall submit landscape calculations for commercial
property along with the landscape plan. A plant list with all trees, plants, ground cover
and sod identified shall appear on the plan. The applicant shall provide the quantity,
size and spacing for all proposed plant material and planting details. Notes such as
depth of mulch, irrigation in rights-of-way and prohibited plant species shall also appear
on the plan. All existing plant material that is to remain, be relocated or be removed
shall be clearly identified.
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I
MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # 9 ~ E - REGULAR MEETING OF OCTOBER 3. 2006
DECORATIVE STREET LIGHTS ALONG PUBLIC BEACH/SR AlA
(LINTON BOULEVARD TO GEORGE BUSH BOULEVARD):
TO:
SUBJECT:
DATE:
SEPTEMBER 29, 2006
This is before the City Commission to provide direction regarding the type of decorative street lights
to be installed along the public beach on SR AlA (Linton Boulevard to George Bush Boulevard).
The Florida Department Of Transportation (FDOl) plan requires new street lights to be installed.
Staff has worked closely with FDOT regarding a decorative street light. Unfortunately a light, similar
to what is currently along Atlantic Avenue would provide sufficient lighting along the roadway, but is
not turtle friendly. Acceptable options are shown on the following pages.
Commission direction is requested.
S:\City Clerk\agenda memos\City Manager Decorative Street Lights SR AlA 10.03.06
City Of Delray Beach
Department of Environmental Services
M E M 0 RAN
D
U M
TO:
FROM:
DATE:
SUBJECT:
www.MvDelravBeaclt.com
David T. Harden /) //J
Randal L. Krejcarek, P.E. ~
22 September 2006
SR A 1 A - Linton Blvd to George Bush Blvd
Decorative Street Lights Along Public Beach
Project Number 2002-023
The attached agenda item is for Commission direction on the type of decorative street light to
utilize along the public beach on SR A 1 A. The Florida Department of Transportation (FDOT) is
finalizing their plans for this resurface, restore and rehabilitate (RRR) project and one of the
remaining issues is the type of decorative street light to be installed along the public beach on
SR A 1 A. The project limits for this RRR project is from Linton Blvd to George Bush Blvd. The
FDOT plan calls for new street lights along this corridor and the new lights were initially planned
to be cobra style street lights installed on the east side of the entire corridor. This agenda item
only deals with the question of what type of decorative street light to use along the public
beach.
The Consensus Proposal for lighting along the public beach was as follows:
"The Consensus Proposal recommends keeping all overhead lighting on the west side
of the road. Additionally, we recommend adding low level lights along the sidewalk on
the east side of A1A within the CBD zoned area on the condition that they would be
turned off at 9 pm. Additionally, if use of these lights prevented sea grape trimming in
the future because of turtle nesting or other issues, they would not be used so that a
trimming program could be implemented."
FDOT had initially proposed to remove the street lights on the west side and, as I mentioned
earlier, install new cobra style street lights on the east side of SR A 1 A. With regards to the
street lights along the public beach, the reasons for relocating the existing street light were: 1)
the existing street lights were not permitted through FDOT, 2) the installation of sidewalk on the
west side of this corridor would require the removal of the existing street lights (FDOT has
recently stated that if the City wanted to retain the existing street lights on the west side they
(FDOT) would seek a variance from their standards to keep them "as is".) 3) moving the street
lights to the east side, and shielding them, would provide for turtle friendly street lighting.
Staff has worked closely with FDOT trying to provide a decorative street light, similar to what is
currently along Atlantic Avenue, to be installed on the east side of SR A 1 A that would provide
sufficient lighting along the roadway, while remaining turtle friendly. A recent demonstration
S:IEngAdminIProjectsI200212002-02310FFICIALI2006 1003 agenda memo. doc
resulted in the rejection of our standard acorn decorative street light fixture. The reason given
is that our standard decorative street light does not sufficiently hide the light from the turtle's
line of sight.
After researching the available decorative street lights that are also turtle friendly the attached
fixtures are options that would satisfy the turtle concerns. Since FOOT was planning on
installing new street lights along this corridor, the cost to the City for installing decorative street
lights along the public beach would be the difference between FOOT's standard cobra head
type street light and the preferred decorative street light. Preliminary estimates indicate that the
incremental cost to the City for installing decorative street lights would be in the range of
$250,000.00. Once a style is chosen, FOOT will perform a lighting analysis to determine the
exact cost to the City.
As mentioned at the beginning of this memo, staff is looking for direction on the type of
decorative street light to install along the public beach area.
A map is attached for your reference.
Please place this item on the 03 Oct 2006 agenda for consideration by City Commission.
Thanks!
enc
cc: Richard C. Hasko, P.E.
City Clerk
Project File
Agenda File
S:\EngAdminIProjectsI2002\2002-02310FFICIAL 12006 10 03 agenda memo. doc
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Date:
22 Sept 2006
AGENDA ITEM NUMBER:U
o
AGENDA REQUEST
Request to be placed on:
_Consent Agenda _X_Regular Agenda _Workshop Agenda _Special Agenda
When:
03 Oct 2006
Description of Agenda Item (who, what, where, how much):
This agenda item is for Commission direction on the type of decorative street light to utilize
along the public beach on SR AlA.
Staff Recommendation: ~:i~rect~on
Department Head Signature: ~~4:..
City Attorney Review/Recommendation (if applicable):
,0
'f - u'-o<<"
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No Initials:
Account Number
Description
Account Balance:
Funding Alternatives:
(if applicable)
Ci ty Manager Review:
Approved for Agenda: @ / No Initials:
Hold Until:
mrV!
Agenda Coordinator Review: .
Received:
S:\EngAdmin\Projects\2002\2002-023\OFFICIAL\2006 1003 agenda request.doc
MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGERP!;11
AGENDA ITEM q. r:: - REGULAR MEETING OF OCTOBER 3,2006
REQUEST FOR OUALIFICATIONS (RFO)/OLD SCHOOL SOUARE
CULTURAL ARTS CENTER EXPANSION
TO:
SUBJECT:
DATE:
SEPTEMBER 29, 2006
Attached for your review is the current anticipated schedule regarding the advertising/publishing
deadlines of the Request for Qualifications (RFQ) for the Old School Square Cultural Arts Center
Expansion Project, in addition to the slate of the proposed membership of the RFQ Selection
Committee.
Commission direction is requested.
S:\City Clerk\agendamemos\CM RFQOSS1OO306
City Of Delray Beach
Department of Environmental Services
M E M 0 RAN
D
u
M
www.mydelraybeach.com
FROM:
David T. Harden, City Manager
Richard C. Rasko, P .E., Environmental Services Director ~
TO:
SUBJECT:
OLD SCHOOL SQUARE PARK EXPANSION RFQ
DATE:
September 25,2006
As directed by City Commission, we have contacted national professional organizations with monthly
publications regarding the advertising of the Request For Qualifications (RFQ) for the Old School
Square Cultural Arts Center Expansion. We have been advised of the following schedules for the
listed journals:
Organization
deadline for submittal ...
to publish in
. National Recreation & Parks Association
. American Society of Landscape Architects
. American Planning Association
October 13
October 14
October 15
November
December
December
The American Planning Association also publishes up to two pages on their web site for free with 48
hour notice.
The RFQ document is complete and ready for publication. We had initially anticipated advertising in
September, accepting responses until late October, reviewing, ranking and interviewing in November
and bringing a recommendation to Commission in December. Given the lead time required to
publish in the listed professional journals, our schedule will need to be revised to accept proposals
until early January. This will delay Commission action until February.
Commission had also requested that they be consulted on the proposed membership of the RFQ
Selection Committee. The following is our proposal for that Committee:
Joe Gillie
Bill Woods
Nancy Davila
Bob Barcinski
Paul Dorling
Randal Krejcarek
J oe Weldon
(Old School Square Operations)
(Chamber of Commerce/Business Impacts)
(Landscaping! Arts)
(Special Events)
(Planning)
(Project Coordination)
(Parks & Recreation)
Please note that this list is not based on stakeholders but on the variety of perspectives that the
selected members will bring to the selection process as shown parenthetically. There will be an
intense stakeholder and public input phase associated with the consultant's project scope and all
interests will be invited to participate in that effort.
Please place this item on the agenda for the October 3rd meeting for consideration by Commission.
Cc: Project file 2006-053
AGENDA ITEM NUMBER: ~
AGENDA REQUEST
Date: September 25, 2006
Request to be placed on:
x
Regular Agenda
Special Agenda
Workshop Agenda
When:
October 3,2006
Description of agenda item:
Staff is advising Commission of the current anticipated schedule for advertising the RFQ for the Old School
Square Cultural Arts Center Expansion project as it is affected by publishing deadlines established by
national professional journals. Staff also requests Commission review of the proposed membership of the
RFQ Selection Committee.
ORDINANCE/RESOLUTION REQUIRED:
Draft of Resolution Attached:
YES
YES
NO
NO
x
X
Recommendation: N/ A
(ftdi;t&
Department Head Signature:
Determination of Consistency with Comprehensive Plan:
City Attorney ReviewIRecommendation (if applicable):
Budget Director Review
(required on all items involving expenditure of funds):
Funding available:
Yes
No
Funding alternatives (if applicable):
Account Number:
Account Description:
Account Balance:
City Manager Review:
Approved for Agenda:
tiP
tJL/-
No
Hold Until:
Agenda Coordinator Review:
Received:
Action:
Approved:
Disapproved:
P.O. #
AGENDA ITEM NUMBER:
MEMORANDUM
SUBJECT:
MAYOR AND CITI COMMISSIONERS
CITI MANAGER t1f/\
AGENDA ITEM # ~ .. ~ - REGULAR MEETING OF OCTOBER 3,2006
REOUEST FOR SPONSORSHIP tURBAN LEAGUE YOUNG
PROFESSIONALS OF PALM BEACH COUNTY (ULYP)tTHE PALM
BEACH ALUMNI EXTENSION OF THE NATIONAL SOCIETY OF
BLACK ENGINEERS (NSBE)
TO:
FROM:
DATE:
SEPTEMBER 29, 2006
This item is before Commission to consider a sponsorship request from the Urban League Young
Professionals of Palm Beach County (UL YP) and The Palm Beach Alumni Extension of the National
Society of Black Engineers (NSBE) for the Scripps Panel Discussion to be held on October 25, 2006.
The Sponsorship Agreement outlining various levels of sponsorship ranging from $500.00 to $1,750 is
attached for your review along with the event flier. If approved, a funding source will need to be
identified.
Commission direction is requested.
S:\City Clerk\CM Agenda Memos\ULYP SponsorshiptOO306
Page 1 of 1
Harden, David
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From: Jonathan Brown [JBBrown@co.palm-beach.fl.us]
Sent: Thursday, September 28,200612:30 PM
To: Harden, Oavid
Subject: Scripps & The Bio Medical Explosion
Attachments: Bioexplosion_Florida_1.pdf
Good afternoon Mr. Harden,
On behalf of the Urban League Young Professionals, we are soliciting sponsorship from the City of
Delray Beach for this event.
I spoke with you about a year ago. During that time I was apart of the Sponsorship Committee, for
the Economic Summit for Palm Beach County. The City of Delray Beach was so gracious to be
a Sponsor in that event.
A number of leaders from Palm Beach County have been invited. Within the next week, we look to
have confirmed all panelists.
We are requesting your support as a sponsor for this event (at any level). Please review the
attachment and become a sponsor. It is the Urban League's desire to complete the final stages of
sponsorship by the first week of October. The contact information is on the attachment.
Jonathan B. Brown
Economic Development Loan Manager
Palm Beach County Economic Development Office
J66.[Qwn@pbcgQ"l,Q~m
EDO Website: WY'lVV,p_b_<;:gQy~cQmlPul>lof1EQQlLQd~x,J)tm
561-355-6607 phone
561-355-6017 fax
561-355-3624 secretary
*** eSafe scanned this email for malicious content ***
*** IMPORTANT: Do not open attachments from unrecognized senders
***
9/28/2006
~
The mission of the Urban
League movement is to
enable African Americans
and other minorities, to
secure economic self-
reliance, parity, power
and civil rights.
Contact Information
1700 N. Australian Ave.
WPB, FL 33407
Phone: 561-833-1461
Fax: 561-833-6050
Email: info@ulvppalmbeach.org
Website:
www.ulvppalmbeach.orq
Our mission is to increase
the number of culturally
responsible black
engineers who excel
academically, succeed
professionally, and
positively impact the
community.
Contact Information:
P.O.Box 19911
West Palm Beach, FL
33416-9911
Email:
palmbeachnsbe@gmail.com
September 12,2006
Re: PBC Urban League Young Professionals and PBC National Society of
Black Engineers' Scripps Panel Discussion - Part II Sponsorship Packet
Dear Members of the Florida Engineering Community:
The Urban League Young Professionals of Palm Beach County (UL YP) and The
Palm Beach Alumni Extension of the National Society of Black Engineers
(NSBE) are pleased to present its "Scripps: The Impact of the Biomedical
Explosion on Florida's Educational System" panel discussion to be held on
Wednesday, October 25th, 2006 from 6:30pm - 8:00pm at the Jane M. Thompson
Memorial Chambers on the sixth floor of the County Governmental Center (301
N. Olive Avenue, West Palm Beach, FL).
UL yP and NSBE are non-profit member organizations, dedicated to community
service. Both organizations promote Economic Building through Entrepreneurial
Enterprises, Educational Service, and Social Equality through diversity.
Last year's panel discussion was an overwhelming success drawing over 150
attendees from across the state. This year's discussions plan to draw a greater
amount as we change the focus to education and welcome special invited panelists
Governor Jeb Bush, Commissioner Addie Green, Superintendent Art Johnson.,
F AU President Frank Brogan and many more.
As last year, we are offering a special low cost tax deductible sponsorship
opportunity for you and/or your company to support worthwhile organizations
and increase your visibility in our community. Attached is an event sponsorship
form that explains the sponsorship levels in more detail. Please complete the
sponsorship form and make checks payable to the Palm Beach Chapter of the
National Society of Black Engineers.
If you have any questions about the organization or donations, please feel free to
contact our Fund Development Chair, Julian Cover at 561-352-5121 or via e-mail
at z;c@wantmangroup.com. Thank you in advance for your interest and support.
Sincerely,
c:::-- . 0.' "'
Julian Cover
Fund Development Chair
561-543-1184 (c)
jjc@wantmangroup.com
.8m......................
. "^j
-
-
The mission of the Urban
League movement is to
enable African Americans
and other minorities, to
secure economic self-
reliance, parity, power
and civil rights.
Contact Information
1700 N. Australian Ave.
WPB, FL 33407
Phone: 561-833-1461
Fax: 561-833-6050
Email: info<Q1ulvppalmbeach,orQ
Website:
www.ulvppalmbeach.orq
Our mission is to increase
the number of culturally
responsible black
engineers who excel
academically, succeed
professionally, and
positively impact the
community.
Contact Information:
P.O.Box 19911
West Palm Beach, FL
33416-9911
Emai1:
palmbeachnsbe@gmail.com
Scripps: ... The Impact (~(the Biomedical Explosion on Florida's Educational
Svstem ,.
Sponsorship Agreement
Sponsorship Levels:
Platinum ($1750)
. Co-Sponsor status
. Opportunity to make a brief company presentation to attendees at this and next UL yP
event
. Opportunity to send representatives from your company to the event to distribute
promotional material
. Company Recognition on the event program
. Company recognition on event publications/mailings
Gold ($1250)
. Prime-Sponsor status
. Opportunity to make a brief company presentation to attendees
. Opportunity to send representatives from your company to the event to distribute
promotional material
. Company Recognition on the event program
. Company recognition on event publications/mailings
Silver ($750)
. Opportunity to send representatives from your company to the event to distribute
promotional material
. Company Recognition on the event program
. Company recognition on event publications/mailings
Bronze ($500)
. Company Name and/or logo on the event program
. Company recognition on event publications/mailings
Name
Company Name
Address
City/State/Zip
Telephone Number
Sponsorship Level (choose from options above)
*Please make checks payable to the NSBE Palm Beach Alumni Extension and mail to
the following address:
PO Box 19911
West Palm Beach, FL 33416-9911
MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # Ci.it - REGULAR MEETING OF OCTOBER 3.2006
REOUEST FOR SPONSORSHIP /NA VY LEAGUE OF THE UNITED
STATES/BOCA-DELRAY COUNCIL
TO:
SUBJECT:
DATE:
SEPTEMBER 29, 2006
We have received the attached information from the United States Navy LeaguejBoca-Delray
Council requesting our support of the luncheon to be held on December 7, 2006.
Ibis event will honor the veterans of Pearl Harbor and remember the tragic events of September 11,
2001. Three hundred (300) people are expected to attend the event. The request is for the purchase
of two tables in the amount of $1,000.00 each. If approved, a funding source will need to be
identified.
Commission direction is requested.
S:\City Clerk\agenda memos\Navy League 100306
.!!!!!iel, Delores
o~
~
From:
Sent:
To:
Subject:
Jeff Perlman [delcommish@hotmail.com]
Wednesday, September 27, 20064:00 PM
Rangel, Delores
RE: Phone Calls
D:
Can you tell Mayor Hagelmann that I have to discuss this with the Commission and I will at
our Oct. 3 meeting. I cannot commit any city funds without the consent of a majority of
the commission.
Warmest regards
Jeff Perlman
Mayor
City of Delray Beach
e-mail: mayor@mydelraybeach.com
Read "From the Mayor's Desk" on www.mydelraybeach.com. New message every Monday.
>From: "Rangel, Delores" <Rangel@ci.delray-beach.fl.us>
>To: "Perlman, Jeff" <Mayor@mydelraybeach.com>
>Subject: Phone Calls
>Date: Wed, 27 Sep 2006 15:17:24 -0400
>
>1. Can you call Charles Billias, City Manager of Cocoa Beach (321)
>868-3200 regarding smoking on the beach. They are working on the same
>ordinance. Would like to share some information.
>
>2. Gary Solomon of Sand Sifters called (734-9128) regarding the liter
>law strictly enforced in Boynton. They will support your ban on smoking
>on the beach so call if you need them to help you. Last night in one
>hour they picked up 1,000 cigarette butts!
>
>Mayor Hagelman of Highland Beach called (278-4548) regarding the City
>purchasing two tables like Boca & Boynton at $1,000.00 a table, giving
>the City 20 seats. They will be doing the fundraising luncheon in Boca
>on December 7th remembering Pearl Harbor attack and the pentagon. He
>would like to discuss this with you.
>
>Thanks!
>Delores
>
1
II
NAVY LEAGUE of the UNITED STATES
BOCA-DELRAY COUNCIL
P.O. Box 311
Boca Raton, Florida 33429-0311
OFFICERS
R
PRESIDENT
Julie Herring
VICE PRESIDENT
Loretta Baldwin
SECRETARY
Kateena Gray
TREASURER
Paul Zulkoski
ASSISTANT TREASURER
William Lademann
JUDGE ADVOCATE
Everett Dudley, Jr.
CHAPLAIN
Duane Timm
May 30, 2006
{,., ') j!S {it: (~ n liifl [>
i '. ", &1 , II .
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, "'. .'~-",.-..., .., 1 .
. ) ,""-'-'--, j
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jUlJi MAY 3 I 2006 ffllll
I >1-1'
'--'-'--. I
f .'t.. 'l ". !\'~':-;-----.J
,GJlY COMM~QNl
Mayor Jeff Pertman
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
Dear Jeff:
On Thursday, December 7, 2006, the U.S. Navy League of the BocaIDelray
Council will honor veterans of Peart Harbor with a luncheon at the Boca Marriott
Hotel.
As the Council guests, we will provide two tables for those veterans living in our
local communities.
We are expecting 300 people to attend this luncheon.
The tragic events that took place on 9-11-01 will also be remembered.
I am asking that Delray Beach reserve two tables for a total of 20 people with a
contribution of $2,000 to help cover the cost. Our former President Franklin
Delano Roosevelt said, "This day, December 7,1941 will go down in infamy".
Respectfully,
~!~4n~
Town of Highland Beach
[IT' OF DELIAY IEA[H
o~
.~
CITY ATTORNEY'S OFFICE
~()() 'lW I st AVENI'E. DFLRAY BEACH, FLORIDA 33444
Ti'LEPHONF: 561/.'4Y7()l)(). FACSIMILE: 561/278-4755
DELRAY BEACH
f lOR I D ^
Dad
All-America City
Writer's Direct Line: 561/243-7091
, III I! DATE:
MEMORANDUM
September 26, 2006
1993
2001
FROM:
City Commission
David Harden, City Manager
0--::: ~
Brian Shutt, Assistant City Attorney
TO:
SUBJECT: Amendment NO.1 to Interlocal AQreement with the CRA on the
FundinQ of Shuttle Bus Service
The Commission, at a prior meeting, approved an interlocal agreement with the
CRA regarding the funding of shuttle bus service in the downtown area. The
Interlocal Agreement currently stipulates that the CRA's contribution for this
service is $135,295.00.
Due to the fact that the City will not be able to receive $80,000.00 in grant funding
from Palm Beach County as the City and its shuttle bus contractor could not
comply with the grant restrictions, the CRA has agreed to increase its initial
funding by $40,000.00 per year.
Our office requests that this item be placed on the October 3rd, 2006 City
Commission agenda. Please call if you have any questions.
Attachment
Chevelle Nubin, City Clerk
Scott Aronson, Parking Mgmt. Specialist
<t~
AMENDMENT NO.1 TO THE INTERLOCAL AGREEMENT BETWEEN THE
CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY
REDEVELOPMENT AGENCY FOR THE FUNDING OF SHUTTLE BUS
SERVICE
THIS AMENDMENT NO. 1 to the Agreement with the CRA is made this
day of _,200_ by and between the CITY OF DELRAY BEACH, a
Florida Municipal Corporation, (hereinafter referred to as "CITY"), and the DELRAY
BEACH COMMUNITY REDEVELOPMENT AGENCY, (hereinafter referred to as
the "CRA").
WITNESSETH:
WHEREAS, the CITY and the CRA desire to amend the Agreement to provide
that the CRA shall contribute an extra $40,000.00, per year, to the CITY for shuttle bus
service provided in the downtown area as the CITY was unable to secure grant funding
from Palm Beach County.
NOW, THEREFORE, in consideration of the mutual covenants and promises
herein contained, the parties hereby agree as follows:
1. The recitations set forth above are hereby incorporated herein.
2. Paragraph 2 ofthe Interlocal Agreement is hereby amended as follows:
2. The CRA shall, within 30 days of the receipt of notice
from the CITY that the CITY received the grant funds related to
the shuttle bus sorvice, pay to the CITY the amount of
$135,295.00 $175,295.00. The CRA shall pay this same amount
on the second and third anniversary of this Agreement so long as
the CITY provides the shuttle bus service. However. in the event
the CITY obtains grant funding from Palm Beach County the
amount of contribution from the CRA shall be reduced in an
amount equal to 50% of the grant funding received by the CITY
and if such funding is received by the CITY after the CRA's
contribution the appropriate proration shall be made and deducted
from the next subsequent CRA contribution.
3. All other terms of the original Interlocal Agreement remain in full force
and effect, except as expressly modified herein.
4. This Amendment shall not be valid until signed by the Mayor and the City
Clerk.
ATTEST:
CITY OF DELRA Y BEACH, FLORIDA
By:
City Clerk
Jeff Perlman, Mayor
Approved as to Form:
City Attorney
ATTEST:
COMMUNITY REDEVELOPMENT AGENCY
By:
Print Name:
(SEAL)
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this _ day of
, 200_, by
(name of officer or agent, title of officer or agent), of
(name of corporation acknowledging), a
corporation, on behalf of the corporation.
produced
, as
(state or place of incorporation)
He/She is personally known to me or has
(type of identification) as identification.
Notary Public - State of Florida
2
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[IT' DF DElRAY BEA[H
CITY ATTORNEY'S OFFICE
~()n NW 1st iW[<]\IF' !i1JRAY BEACH, FLORIDA 33444
TlLFl'lIONE: ';61 . FACSIMILE: )(]1/278-4755
Writer's Direct Line: 561/243-7090
DELRAY BEACH
DaI:II
All-America City
, 1111 ' DA ~E:
@ TO.
MEMORANDUM
September 25, 2006
1993
2001
City Commission
David T. Harden, City Manager
FROM:
Terrill Barton, Assistant City Attorney
ry{A?
SUBJECT: Cheryl Wright-Deignan and Robert Deignan v. City
This is a second settlement offer from Plaintiff in this case (trip and fall near
Worthing Park). Plaintiff's first offer of $10,000 was denied by you at the
September 19, 2006 City Commission meeting. This offer is for $6,000 ($5,500 for
Cheryl and $500 for Robert).
If Plaintiff prevails, the City will have to pay Plaintiff's damages and attorney's fees.
Although Plaintiff's damages in this case are minimal, about $9,000 in medical bills
with only $500 out of pocket, Plaintiff's attorney's fees are likely to be higher. The
City Attorney's Office recommends denial; however, we want to alert you that we
anticipate that our expenses to date and after a trial will be in the $4,000 to $5,000
dollar range. This case is currently on a three (3) week trial docket scheduled for
December 11, 2006.
By copy of this memorandum to David Harden, City Manager, our office requests
that this matter be placed on the City Commission agenda of October 3, 2006.
TCB:smk
Attachment
cc: Susan Ruby, City Attorney
Chevelle Nubin, City Clerk
Frank Babin, Risk Manager
g~
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[ITY DF DELRAY BEA[H
CITY ATTORNEY'S OFFICE
~ilii NW i q .\Vl\i i . i ! R\Y BEACH, FLORIDA 33444
1.!.ll'Jlu\;F;/'! . F\CSIMILE: 561/278-4755
Writer's Direct Line: 561/243-7091
DELRAY BEACH
f L () Ii: I D A
lIa.d
All-America City
, III I! DATE:
1993 TO:
2001
MEMORANDUM
September 28, 2006
City Commission
David Harden, City Manager
FROM:
Susan A. Ruby, City Attorney
Village of Wellington, City of Delray Beach, City of Lake Worth, Town
of South Palm Beach, City of Atlantis and the City of West Palm
Beach v. Palm Beach County, Florida - Request to Participate in
Rehearino and Appeal if Filed
SUBJECT:
This case concerns a challenge to a referendum wherein Palm Beach County
provides a method for annexation.
The Appellate Court affirmed the Trial Court. The Trial Court severed certain
aspects of the proposed changes because the County attempted to define the
annexation method by ordinance instead of in the Charter as required by Statute.
As result of this ruling, there exists much doubt about how voluntary annexations
are to occur in Palm Beach County. Our office recommends that the City join in on
any rehearing filed and also any appeal thereafter to the Florida Supreme Court.
Please place this item on the October 3, 2006 agenda.
cc: Doug Smith, Assistant City Manager
Chevelle Nubin, City Clerk
C).K
MEMORANDUM
TO:
MAYOR AND CITY COMMISSIONERS
SUBJECT:
CITY MANAGER
AGENDA ITEM # . LL - REGULAR MEETING OF OCTOBER 3. 2006
APPOINTMENT TO THE SITE PLAN REVIEW AND APPEARANCE BOARD
FROM:
DATE:
SEPTEMBER 29, 2006
Ms. Sara Coen submitted her resignation from the Site Plan Review and Appearance Board
effective September 12, 2006. Her resignation letter is attached for your review. This creates a
vacancy for a regular member to serve an unexpired term ending August 31, 2008.
These requirements have been updated to reflect current code requirements.
To qualify for appointment, a person shall either be a resident of, or own property in the City,
and/or own a business within the City. In addition, the City Commission shall fill five seats on the
Board with an architect, landscape architect, realtor/real estate broker, civil engineer, general
contractor, sign contractor, land planner or interior designer. The remaining two seats shall be at
large. The Commission shall endeavor to appoint as many disciplines as possible to the board.
Since the two (2) at large seats are filled, the appointment should represent one of the disciplines
mentioned above.
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 Ms. Claudia
Flores who has completed a voter registration form and has recently submitted it to the Supervisor
of Elections Office.
Based on the rotation system, the appointment will be made by Commissioner Ellis (Seat # 1) for
one (1) regular member to serve an unexpired term ending August 31, 2008.
Recommend appointment of one (1) regular member to the Site Plan Review and Appearance
Board for an unexpired term ending August 31, 2008.
Site Plan Review and Appearance Board
Page 2
SITE PLAN REVIEW AND APPEARANCE BOARD APPLICANTS
EXHIBIT "A"
Shane Ames
Designer/Architect
Paula Aridas
Retired
Ronald Brito
Contractor-President
Claudia Flores
Assistant Vice President-Banking
Gerald Pranciosa
Retired-Law Enforcement
Bruce Gimmy
Retail-Business Owner
Eileen Marks
Retired/Banking
(currently serving on the Nuisance Abatement Board)
Gail-Lee McDermott Administration
Robert Moore Retired - Financial Management/Consultant-President
Christina Morrison Real Estate
Mel Pollack Semi-Retired Security-Director (currently serving on the Board of Adjustment)
Ria Santos Financial Consultant
Jerome Sanzone Building Official
Cheryl Shaffuer Real Estate
Thomas Stanley Attorney
Chris Stray Landscape Designer
SITE PLAN REVIEW AND APPEARANCE BOARD
09/06
TERM EXPIRES REGULAR MEMBERS OCCUPATION TELEPHONE
08/31/2008 Jose Aguila, 2nd Vice Chair Architect Office: 276-4951
Appt 01/03/05 Unexpired Currie, Sowards & Aguila Architect Home: 964-9377
Reappt 08/15/06 134 NE 151 Avenue Cell: 358-4870
Delray Beach, FL 33444
08/31/2008
Unexp Appt Vacant
08/31/2008 Carolyn Farnham Property Mgmt./ Office: 265-3272
Appt 08/15/06 1035 SE 6th Avenue Executive Asst. Home: 330-8454
Delray Beach, FL 33483 Cell: 445-5755
Fax: 265-3660
08/31/2008 Mark Gregory Real Estate Office: 716-4531
Appt 10/11/05 Unexpired 18 Salina Avenue #29 Home: 279-8185
Reappt 08/15/06 Delray Beach, FL 33483 Cell:
Fax: 279-8170
08/31/2007 Conner Lynch Insurance Office: 276-5221
Appt 09/06/05 315 N. Palmway Home: 588-9597
Lake Worth, FL 33460 Fax: 276-5244
Cell: 346-5058
08/31/2008 Frances Bennett Landscape Office: 997-8070
Appt 09/05/06 1206 NE 91h Avenue Architect Home: 276-8996
Delray Beach, FL 33483 Fax: 997-8159
08/31/2007 Andrew Y oungross Engineer Office: 274-0200
Appt 09/06/05 636 West Drive Home: 276-4403
Delray Beach, FL 33445 Fax: 274-0222
Cell: 212-2604
Contact: Loretta Heussi, X-7040
SlCity ClerkIBoard 06/SPRAB
Sara J. Coen, Esq.
1203 N.E. 9tb Avenue
Delray Beach, Florida 33483
Phone (561) 568-5893
September 12,2006
Venice Cobb
City of Delray Beach
100 N.W 1st. Ave.
Delray Beach, FL 33444
Re: Resignation from Site and Planning Review Board.
Dear Mrs. Cobb:
It is with great displeasure that I must present my resignation to my recent
appointment as a member of the Site and Planning Review Board for the City of Delray.
I had been waiting for the opportunity for almost five years.
Unfortunately, due to a sudden health ailment which will require extensive
treatment and absences, I will not be able to participate and dedicate the time and effort
required by the appointment. Accordingly, I formally present my resignation to the
Board.
I will keep you informed when my health will allow me to be considered for the
position once again. I thank you for your attention to this matter and I wish the best for
all board members.
Sincerely,
C~ P;R
/~~:;ovanelli
08....0S....06 FRI 10:07 PJ\.X.56,'.'-'133774
.00000y BEACH
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"1993
2001
CITY CLERK
~003
CITY OFDELRAY BEACH
BOARD MEMBER APPLICATION
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Note: "'Ibis :If?plic:Rttoo. will ~ 00. Eile in th.e City Clcrlc.s Office fOE 2. ~od. of2.y<:::U3- &oxu c:he da~ it: W2S
sub~It -will.be the applic2oC"s rcspoos.ibiJ,iEy to eOsuie.~ 2.,c:uncnt appliQ.tion is ~
RECE\V.ED
AUG - SlaOS
C\TY CLE~\<.
AnuJJ.3&~.g~
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WE WELCOME YOU TO EXPERIENCE AMES- DESIGN INTERNATIONAL -
Shan~ Ames, multi-talented,cre3tive and -3. FtoJ:i~alic~ed I)~igner and Architect,
formed Ames Design International - in 1985 _with his. business partner, Maria
Decliantsreiter. The firIDbas enjoyed tremendous sucCess ever since; contnouting
~proximately. a. billion doUars to the industry. via the _construction of luxurious,
s~ef~yhomes. ... .
We were involved in the dOcWnented ffl!lovation ofa historic. house located. in the
PROFESSIONAL HISTORIC PARK. illS'lRICT, .Del.IdaPark.in DelrayBci;lch, Florida..
This. gem bec3.Ipe the. home. of our n~woffic~ in Decemi>er . 1996. Once
completed, itwas included in the Delt3.y.Beach Histonc'Society Homes tDur.
Shan~ AmeS - specializes in very high-end cus(.om d~ign~: reSidences.. lIis work.bas
been featured in inost of the l~ archi~tnagazines~ch as FLORIDA..
ARCHrrECIU1m.UNIQliEHOMESand>PROJ!FSSIONAL .BUILDER, just tDname a
few. ,One- o{the. models he desigDe(I,_ "THE'WEStnAY?" lVOn .five awards.at the- .
cOveted "Pinnacle AWCi;rd'for 1990" .ceieInonyat the Crocker Center. in Boca.Raton
for BFST' ARCHrmcnnm, BEST-MODEL,. .BESTlNTERlOR DESIGN and Bttr
;tANDSCAPING~ Shane's work for Interior Merchandising won the PRISM GOLD
.AWAlU) in 1995 forthemidrise, ~.Sanctu3ire."
. .. . W~ are proud that the ~Pular~onalmagazine,FLO~A. DESIGN~ has. .given us.
- . ..recogmtion via an unprecedented,20-page .cOven.ge-ori two of.our- Unique single
.- family residenCes in the Boca Raton .~m their Winter 1995 is:sue (Vol. 5, No.3), _
..a .fea1nre in their Suinmer 1997 issue (Vol.. 7 ,No.2).. We wqe f~ agan. in the
.. . Winter 2000 issue (V ot 10, l'lo.4),and. reCently in the Spring.2oo1 isSue, giving us
. special prominence via.~ IS-page article pnblicizIDg.tWo of our homes.. .
. ~.'
. .,
Shane and hiSliaDdpicked staff serve an:in~on3I clientele.Who. demand the beSt
.in ckamatic 3:Dd ~ophistitated. house design.. .Shane's impact .upon the aichi~
- beauty of South - Florida is.evid~cedby the several thousand residential d~igns in
all the leading and prestigious Yacht, Golf and Tennis: Country Club Communities,
. .as well as Oceanfront and Iritracoastal areas.
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Shane designed the original Sales Center in the lUxurious S~ Andrews CountIy Club, .
-.: and continued with cre=-tillg some .ot the Iilost duplicated and ~ought. ~ models
ilamed . "ARLINGTON," "HAMILTON," later .remu;ned. . "OAKBROOK,"
"MA.NCHESTER/' "BARRINGTO~,. and ""MANSFlElD." ShaD.e designed abouteveIY
fowth residence in the St. Andrews ~untIy Club.
.." '. - . . :. . .
.. We :takeyou from your initial cansultatiorithrough to the .vroductionof
... architectural PLuts, detailed in,terior. drawings to seCuring the highest quality builder
. best suited to construcf:your home. We are commlttedto providii1gperso~
. , -attention. to aU phases. .-
. . . .
. . -. . .
WE WELCOME YOU TOEXPERI.ENCEAMES . DESIGN INTERNATIONAL
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."IUOUGHBY .C~iJIITTRY (LUB, STUART
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. ...u ..EQUESTitlAM CLUB, EWIGTO" .
. .;'WEWNGTON
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. .. EGRET lAKES, WEST PALM BEACH
.. WESTON HILLS COUNTRY CLUB, WE.S'TON
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. .l'ESPRIT, LA~_GE;KENTUCKY
. ~ARDS .0INT WEST t NORTHCAROUNA
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CITY OF lAKEWAYTEXAS.
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.. .' .~T.THO~t.U.S.V'RGIIIISLAIDS
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,Health Spa & Massage Center, BOca Raton
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.A Sfate,.Of-th&Art~t3tOflice .F3.ciIity, .Boca RatQn
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. AStaJ;e-Of -th&Art Veterinary Oinic, Boca Raton
: A34-unit TownhouseCo~plexin Peerfield Beach
. 100 Qua.draplex Units in Boca Raton
Aft'onJable Comn;1Umi) living Facllities PossiQlylocat.ed on Disney World ProPertY in
Orlando . . . . . .
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. Dekay Beach (off. At1:mtic Avenue)
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. . '.l~torY Townhouse CondOlnimum. Complex in Highland BeaCh
. .
..10-ullir, F"lVe~tar . CondOlilimmn, Via Marina Courtyard Townhouses; with docks on the
. .lntiacO~t.aI Waterway in Delray Beach .
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.:.. .. . '.Another award winniDg.Multi-Family Bermuda St}rle Co\llty3rd Townhouses, .S1. GeoIgC'S
.Landing" in Dekay Beach .
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. . -pJace Des Arts," a 5-story luxury Condominium on Hendricb Isle, Fort LaliderdaJe
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.~ Video Warehouse Concept .S~r~ in Dekay B~ ~d West Palm Beach .
Three ~aircoJ~rXpress.Beauty and Hair Salons in lighthouse Point, Matgat.e and Coral
.sp~ . .
The Amadeus Gourmet Bistro, Pompano .;Beach
TUSCan W1I)e & Pasta. Shoppe, Pompano Beach
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.. Two uniquely designed Card Shops., one in Wmd Song Harbor, North Miami Beach and
the other in Ocean walk, Hollywood Beach
A 5-stDry Luxmy High-Rise named -The Renaissance at The oCeans . Edge" in Dekay
. Beach
. .
. ;... . ' A.rchit.ec:tur3l nCsipl for many of the "Aragon;' Luxwy Condo~ums in Boca. naton
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.Arcmtectural Desi8n of a two-stoIy.~ PenthOuse at the -Toscana" Luxury ,- .
. Go.. ndoJiun.ium in the Sky, Highland ~. .
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. FJevations and Floor Plan RedeS~ and RenQVabon of "'The FStUaiy".l.uXuryTowphouses
on theln~tal W~y.in Pelra.yBeach .
. RenoVaiing and Redesiw'ing an eXisting Office Building in the heart of Downtown De1ray
Beach into .lmury Mini-Apartments.
.'.R~ovatiori. DeSign for the Sheraton ,"our Points Hotel in Pompano JJeach
. Design of EleVations. and Floor Layouts for the HamptQnInns Hotel Cllain
~-d1C)oA.rt "Pe3rle VJSion"Eye Center iJl Boca RatOn, #1 in die nationwide chain
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A famllyoriented total Reso~ Hotel.with aDinner Theatre and Shops. designed with
. oonvenion.w . Casino in mind, Orlando Area .
: l~eno'Va.tion of the If}Ielen Wdkes Hotel" ~ West Palm Beach
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.. : Bah:nniail Resort in the Bahamas .
.. . .'-!nique Bed & BreakfaSt Concept Resort to be marlteted ilalionwide
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, DflRAY BEACH
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1993
2001
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
RECEIV~D
AU6 0' 12006
CITY CLERK.
1.
information;
rlllo~ '
2.
3.
4. Principal Business Address:
City
State
Zip Cod~
5. Home Phone:
Businesos Phone:
E-Mail Address: .
Cell Phone:
FaX:
Are you a registered voter?
'13
If so,.where are you registered?
8;
P.I11,/J1 /3EllC!1I (fllL/Nt .
9. List all City Boards oil which you are currentlysetving or have prevjously 8c:rved:.(please include dates)
10. EdticationalqualltttaUonS:
1 L list any related professional certifications and licenseswhicb you hold:
12. Give your p~esent, or most recent employer, and position:
I hereby certify that all the above.statements are trUe, and I agree and. understarid that any misstatement of material facts
conl2ined in this appljC2~ cause forfeiture upon my pan of any appointment I may receive.
'Y/rLdLL. . ~ J-~ Jit ,t((Jt}~
.SIGNAlURE. TE .
Note: This application will remain on file in the City Oerk's Office for a period of 2 years . from the date it was
submitted. It will be the applicant's responsibility to ensure thai: a current application is on file. .
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oaRAY B~CH
-
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1993
2001
RECE\\IEO .
'''l , '3 1.Ut\6
CITY OF DELRA Y BEACH .tV . .
BOARD MEMBER 4PPLICATOJIi CLE~\(
G
0/,
Deh-a.113~ cJv .
. s. Home Phone: 'Business. PhQne: E-M:ail Addr~: Cd! Phone: p-ax;
%'-73.Y-. SBZ.5 ~'-21q-03J1 eG;wt>rJc- EVa..ot. ~I-~sa -Q7h lP/'1.:.?q.O))
6. Date of Bum 7. Arc you a cegistc:red votet? If so,. where arc you registered?
~ # Z. - l}(p 'ft:~~Y')+O~ 13eAd...,1 F~
S. What Bo:ud(s) arc you inre1:ested in set'Ving? Plea,e li:stin order ofprctcrcncc:
Please e ot .rint the foUowin infoanation:
1. Last Name: Br; 10
2. Home AddJ:ess: .
i~e SE Z,"th- Av~
3. Legal Residence:
E.a. Y')"\ ~
4. . Principal Business Address.: .
"ZSSq We.bb. AVL =tF"Z--
N:wle R 0" ~I cl.-
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sty J') ~"" Bea..~
City
Stare
FL-
SUlte
State
P4.-
Zip Code
3~V-Y.V-
14ls-l-o,.~c. A-l pre..s.~rvC(..tton..
10. Edtit:::l'ooncl. qualifiCllbOns:
'" ,..s
11. U$t 2t1y related professional ccnilicationsanclliceosc.i -which r<?u hold:
COc.-Ocf13'=> Aod.d~ 3e &) -1 Cali In.'a.... o,~.::y-z, U.S:
oAn 3 ~~e.C7eJ;"'Y'"D.. COr'L+r~+Or lic.eJ.?$~s.
12. GiveyoUIpEcscnr, or mQSt recent employer. and posidon:
,.. ,.. r,. G.
~
13. pescrihe experiences. skil1s or knowledge which qD2lily you (.') serve on this board: (Please 2tnch II brief tesume)
o r r" v' P......c ro ~ n d n "C. e'l'c. J Q.} anA
te'$;aehp.A..J Pia ~e.. re,-tord.-p'on of 5a.nd()~'1 IJa.tv....e... Ce"1kr
'-t;r vadotJ!:> ....es;den+'4,.) r('s.ft,>rti--M'oJ'\S
: ~ eceoy ~nify that;ill the llbovc "ruea e (CUe. and I agr~ 10d undustand that any. nU~, of m,.te<bl ......
",nained .. ,hi< 'PP~~. fdoue npoa my p= of my appoU>une... : receive
/~ . ~ 0 . 7 LL c.../'? 0 .
SIGNA1UlUi. 0 DAny' I .
Note: This -application will r~ on 6le in the Crty Oetk.'s Office fur :a. pe~od of 2. years ttomrhe date it waS
$ubmitted.l[~ be the applion(s responsibility (0 ensure that a current applica~on is on file.
Mar ~~ U~ u~:u~p
enterprise ~ontractors
l::>l:> 1 J c"3 - U::J::J::>
p~3
RON BRITO, GENERAL CONTRACTOR
198 S.E. 1f1' Avenue
Boynton Beach, Florida
(561) 441-1767
WORK HISTORY:
1965 -1979
Fourteen years as a framing and finish carpenter in Riverside. San Bernardino and Laguna
Beach. California. Production framing on several multi-family complexes. housing Iracts, and
high quality custom finish work Seven years as Carpenter. two years as Leadman. five years as
Foreman On new residential and commercial projects. as well as renovations and remodeling.
197'-1983 _
LICENSED BUILDING CONTRACTOR iCAL1FORNIA Lie. B-388997
Spent five years subcontracting and running framin& siding. trussing. floor joisling, and stair
.installation on multi-family complexes from large contractors, During this time, I contracted
new single-family homes, additions, remodeling. commercial roofing. and commercial tenant.
improvements.
1983 -1985
Job Superintendent on custom housing in the Nashville. Tennessee area for one year.
Subcontractingframing. trussing, and.sidingjobs for the next two years.
1986 -1989
LICENSED GENERAL CONTRACTOR/FLOR.lDA Lk. CGC-047369
Worked at "The Township" as Punch-Out Foreman for one year. Worked for David Jones
ConslrucJionat Gleneagles,. Polo Club as L~ad Carpenter and Foreman for mil! year on 32.
eight-ple:x wood frame multi-family units, Worked for Davis Brothers as Superintendent on.
Brighton Lakes. in Boynton Beach, building 36 wood-frame duplexes. Constructed custom
housing from Manalapan to St. Andrews. Boca Raton. Received General Contractor's License
in February 1989,
1989-1991
LICENSED GENERALCONTRACJ'OJVU.S. VIRGIN ISLANDS Lic~ 1-01392-92
Traveled 10 St. Croix after Hurricane Hugo for 5 days to bring supplies and help restore power
. and water 10 units of condominiums for a friend. Agreed to come .back to res/ore two houses.
Restored fourteen residences, two commercial buildings and six rental units. Also completed
work inSt. Thomas and St, John on custom homes. Acquired General Contractor's License in
.the Virgin Islands in February 1990. .
Returned. to Florida in July of J 99 J and began new additions and remodeling projects. After
Hurricane Andrew, I opened afield office in Miami for restoration work. My Miami office
completed 16 residential restorations and about 32roofingprojects.
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RON BRITO, GENERAL CONTRACTOR
Page 2
1991-1993
Was asked to take over operations ofFalkal' Construction as General Mgr. and to qualijy the
company~ Falkav Construction was, at that time, under contract with the City of Deli-ay Beach
for the new Tennis Center (2,5 million-dollar contract) and was engaged in ...choo/ projects for
districts from Lake Worth to Miami-Dade County. Although, after a. thorough research. I
decided not /0 qualify Falleal', I brought the Delray Tennis Center to substantial completion in
time for the Virginia Slim Tournament, and all of the school jobs were in line.
1994....; present
Owner and President, Enterprise Contractors, Inc, Enterprise has completed many local
residential and commercial projects since ii's inception, including new construction, additions,.
remodeling and historical renovations (such. as the. Sandoway House Nature Center in Delray
Beach).
In August 1995, I was appointed to the Construction Board of Appeals in Delray Beach, and I
was the Board's Director for a 2 year lerm. I'm still serving on Ihe Boardfor 1003 to 2005
PERSONAL HISTOR~.
/ am 57 years old, married; and have four children. I have two years of col/fge, majoring in
Business Management. I am an active member of my church (SDA), where 1 have been a.
Deacon for 14 years and am currently a Sabbath school teacher for young adults. I also sit on
the Church's Building Committee. 1 own a home in Boynton Beach, where my family has lived
for 19 years, and 1 am a member of the Architectural Review Board for the Vernon Heights
Property Owners' Association, I am also a I8-year member of A.A. and am active on se1',:raJ.
committees. Tennis. surfing.andjogging are my favorite pastimes,
rrITr
1993
2001
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
eO
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G\~i G
OEUtAY BEACH
. . . . , .. A
*****
Please e or rint the followiri
1. Last Name: t:"-i
\ \\)
2. Home Address:
\
3. Legal Residence:
infonnation:
~'a /~ If{
~t.
nOt
State
fC.
State
II
II
((
4. PrlOcipal Business Address:..
City
State
Zip Code
5.
. rS). . ?:A-tO
6. Date of Birth
{).
7.
'1-8',1~
.'1-e~ . .
tL 3
Fax:
'1W..~9\q 243.l.Q'1lJ
If so, where are you registered?
~\~ 't1.tQ.~ ~ft\Lt.
. <e:~Q VlS sm
9. List all City Boards on which you are.currently serving or have previously served: (please include dates)
}jJA
10. Educational qualifications: .
'J. ....;.
11. List any rdated professional certifications and licenses which you hold:
I hereby certify that all the above statements are true, and I agree and understand that any miss tement of material facts.
this application may cause forfeiture upon my part of any appointment I may receive.
I~ 3} '"Dip
DATE .
J
Note: This application will remain on file in the City Clerk's Office for a period. of 2 yew; from the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
CLAUDIA FLORES
19 Northwest l~ Street - Dekay B~ FL 33444 - 561.702.2919- claudiaflores@suntrustcom
'uly 31, 2()O6
Venice Cobb, Executive Assistant I Board Liaison
City Clerk's Offi~ - City ofDeIray Beach
. loo.Northwest pi Avenue
Delray Beach, FL33444
Dear Ms. Cobb:
I.am writing to express my .great enthusiasm and interest in getting involv~ with oUr city'slocaI .
governnient I fell in love wifhthis quaint city filled with history and character and embodied by
wonderful people upon. my first visit here one year ago. After many months of searching for . our future
home, my h~baildand I joyfullyinoved here last Sq>tember, My profound appreciation for this city
~lltinUe8 to grow more and more each day.
What I would: bnng to My A~ry. Board ~eludes superior conUnunication, t~work and leadership
<skins alongwith a genumelyOstto!1g work ethic. This, together with my education, triuning and penchant
for detail seJVe to make me hi~ effective at whatever I corimiit to. My passion for commUnity seryice.
and leadership involvement have. been . with me since I can remember. I would now . like to bring my.
.experience and .tirlve to work.foroUt- city!
. I am parti~u1ar1y iitterested in tile following committees: Planning and ZOning Board, .Site Plan ReView. .
and Appearance Board, Educiltloll Boar~ and Neighborhood Advisory Roam. I believe my experience
with. developers during my time in the Commerci~ Rea1Estate division of myballk, coupled with my .
analytical. and problem-solving abilities; qualifY me .uniquely for. these Boards. My keen eye for.
architecture and understanding of what makes Delray so unique and valuable also Spark my interest in the
Imt two ~ds. Flirthennore, our local education system is profoundly important to me as I havea.
desire to raise my own children in. Delray Beach one day and deeply believe in the importance of every
. child's education.
. The accompanying resume should serve to give you an idea .[lot. only of my experience. but of. my
potential for making a significant c<>ntribution to our city. .. .
.I look forward to hearirig from you soon and thank you kindly for your time and consideration. .
VeIY~ ..
(?~~
Claudia Flores
..
CLAUDIA FLORES
19 Northwest 17th Street
Delray Beach, FL 33444
Cellular: (561) 702-2919
, Email: Claudia.Flores@SUlltrustcom
WORK EXPERIENCE
May 2006 to Present
August 2003 - May 2006
May 200~- August 2003
J~'mUarY 2001 - May
2002
June 1998 - December
2000
September 1991-
January 2000
COMMUNITY SERVICE
July 2006 - Current .
EDUCATION
September 1996 -
December 2000
SKILLS
SunTrust Bank, South Florida
Assistant Vice President, Business Developm ent, Business Banking Division
· Actively prospect and network to generate new business clients.
· Meet and exceed various sales goals for business loans, deposits and fee income.
· Work closely with branch teams and other lines of businesses in cross-selling.and referral
development .
Relationship Manager, Business Banking Dillision
· Manage the top 20% clients, consisting of an assigned portfolio of business and mix ed household
accounts totaling -300. .
· Responsible for strengthening arid grow ing portfolio through new business development. cross-selling,
and working referrals. .
· Meet and exceed variOus sales goals for deposits, loans, and referrals.
Portfolio Specialist. Commercial Banking Offlcer
. .
· Served as a Portfolio Manager for a 68 client, $65 million loan portfolio.
· Back-up officer for an additional 9 client, $36 million loan portfolio.
· Actively monitored client portfolio by reviewing and preparing legal documentation, commitment ~tters,
term sheets; monthly reporting requirements, etc. .
· Extensive unde(Writing{annual renewals/reviews and prospect packages)~
· Coordinated appr<~val process with senior management, and addressed issues.
· Identified credit.andnon-credit needs and cross.,.sold opportunities.
Credit Analyst ..
· Succ~sful completion of the Commercial Associate training program~ which Included classroom .
courses such as Credit Analysis, Cash FIQWAnalysis, Global Cash Flow Analysis, Financial Statement
Analysis, Corporate and IndiVidual Tax Return Analysis, Credit Presentations, Public Speakins ..
. Training,ete. . . . .
· Performed rotationS in banking areassiJch as Commercial Real Estate, Commercial Bant<ing,
Corporate Bankirig and Treasury Management. ..
· Assisted in the recruiting, training, and dev eloprnent of new associates:
Merrill Lynch, Tallahassee, FL
Public Relations
· Strengthened ex!stiogcllent relationships for a team of senior financial adv isors, through the
organization of monthly social events (I.e. seminars, dinners). .
· Tracked andposledpnotday's transacti.ons concerning the buYing and selling of securities.
· Performed extensive research on companies and stocks.
Wiley Auto Parts, Tallahassee, FL
Bookkeeper
· Maintained I reconciled bank accounts, tracked receivables, processed payables and issued payroll.
· Prepared monthly Profit ~nd Loss reports.
Children's Home Society of Florida
· MODEL program volunteer- Mentor a child whose parent Is incarcerated; Involves a commitment of
one hour per week for one year. .
Florida State University, Tallahassee, FL
f3achelor of SCience in FinanCe and M arlceting
. Financed 100% of my education while working multiple jobs, being active in the university and the
community, and maintaining leadership responsibilities.
· Florida Bankers Educational Foundation scholarship recipient
. V.P. Professional Activities, Community Service Chairperson for Alpha Kappa Psi business fraternity
· Business Manager and Treasuter of tt)e Pilot Scholarship HouSe
. Volunteered for The Children's Miracle Network and A1temative Break Corps.
Microsoft Office, Moody's Financial Analyst Spreading System, F AMAS Spreading.System
REFERENCES FURNISHED UPON REQUEST
FROI" : GER-SAII ~'~b ..., '"
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OftAAy B~CH
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1ifr
1993
2001
Hug 04 200S ~;~'1 'it
. fert~l "
t:.DPC~ It. .
72bpi::.ZJ>/e- v/'-I/17J
CITY OF DELRAY BEACHe.CE.\\JE.O
BOARD MEMBER. A~PLICATIOt( . "- ~ Ii 2.t\\\S
~\l\J .
V C\..E'f\'"
C\1' 1 .
FH....: 110. : 56126607-16
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3. Lcp ltasidence; S Anie-
4. P.rincJpal,Busincis Address:
city
City
City
Sb.te
Zi.p <:Me
dt. .~.Ornepho. .ne:.
. 1-(, (, 064Y/
6_ Are YOUlL ~t'=led VOCJ:r.?
1\U4iness :Phone:
7. W'b3.t BOaJ;d(4) cue you interest inscrriog? Please list in ~ri:ler ,>~ J!Ccfer~ce: a .~ J
/ /rvrl Cd/.7rn;. . ~S . .... . .
8~ Lis~ aU City Board$oD which you ~ CUttcody$~ ot' hAve previously !Served: (P~ ioclw:k~~) ;V() ~
\ :~. )<< Edu:t;~1!i~ qll.i]~.tkations; 13
. ,
10, Ustai:ty .related p%ofeasioDRl <;~a.tic\os an9.liec~ 'WhichyoQ.hold:
1 L GJ:v.e yow pusent,. or m.~ recent e:aiployer,. and posido,:,=
t 2. l)l:sctiIx: a:ped~. sld1Is or knoWledge wbj& .quaJi!1 you to serve: 01.1 this oatd: (Plt!:Uc :unch 1 bri.:f rcsurnc)
J:U~~
. appti.caclon will ~ on.file in th.c- C1l.y Oa:JesOf6cc for 2. peaod of 2 y~ ttotn the Cbtc it ~
hmit!ted. It will be the appJicmes responsibility to ~c:nb$.t a. CUJ:ren~ :.ppli.cr.uioU is on file.. ,
. ~CI.IlD%l.IIo~
.J
./
'-'01 : TRaJSERShCP. CO'l
U/I0:()4 ruE 10:11 FAX 561 24J :J1irJ
FA.X NO. :56127856-?6
/
I
~ UTY CLERK
N. 18 2004 03: 3Ef'r1 P1
DEUtAy BEACH
. .. . .. ... ..
Pf~.
'tlfJ:
1993
2001
CITY OF DELRA Y BEACH.
BOARD MEMBER APPLICATION
~ "ll001
7i/I ~. - ?fJ..r . - ,
, . .:e:jv I
i 3,
s~
State
,
i"
I
2.
7.
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8. . Lut~Cift BOaEds o~''Wh;e;h):ou ll.~ n~ri:cnt:ll.~c:ryiug or h?-vc: prev.iouiLy secye~; [pl"<1Se inctude,pat:ea).
~~
C~~~~
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to. ~t any :rdau:d prQfessioo21 ~rific:uion! and license, w~ch -you noM:
"
11, Give. 10ut. p"'eu~ """'O"<~~pos>n..' .00:
bll~)'A~r <2.. -~W
1
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!S arc tmc; !lnd r~ and UtldeIStand thar any.mi5sta~eslt of riJateriAJ facts ,
mi_o~mY_ofmY_in"'=tI~m 1J~ . I
D_'l."IE ~ . ..f
ote: :rhij.epplic:anon '.remain on filcm the City,Clei:.1c.'s Office for aperlod OE2'Y6m ~.
~bnUtted. It will be t.ltE: applicaI.1't.s rcspo:ooibility to cn$UJ:e mat a <::UI:IeQt application i& on tile.
. . fIU1F~~7Dl
RECEIVEP'
NOV 1 8 .~004 . CITY CLERK
/
~IT'.1 ,..... 1;:::01.(
All-AnBtcaCily
"11 I!
1993
2001
~-I-{-&f.
RECEIVED
CITY OF DELRAY BEACH FES 08 2005
BOARD MEMBER APPLICATIONcn_~l 0LERK
DELRAY BEACH
.. .. 0 . . . AI
*****
information:
2 Home Address:
3
3~ Legal Residence:
LANE
N~eL-
f}[(
City
M.l
S~e
F-L
State
Zi Code
~~ tt5'
Zip Code
4.
City
State Zip Code
5.
~lr~~ -I'
6. Axe you a registered voter?
E-Mail Address:
Cell phone: Fax:
11. . Give your present:, or inost recent employer., ahd position: ,
12 Describe experiences, skills or knowledge which qualify. you to serve on this board: (please attach a brief r~ume)
.. .
I hereby certify that all the above statem~t:s are tmc; and I agteeand understand that any misstatement .of material facts
"con ed in Ibis . li<;alinp"", .<;aose fo<feitnte npon my put of ""y appointmen~ receive.
."" . ~ Or
.~GNATIJRE D 1'E
Note: This application will remain on file1n the City aerICs Office for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure thata current application is on file. .
. .S\CITY~1tON
DB.RAY BEACH
.,......
*****
EO.
. RE.GE.\'! . .
CITY OF DELRAY BEACH u nO:, ?\\t\6
BOARD MEMBER APPLlCATIO,.t1l \.~~'(....
crr'l C . ,
<6// !tJ '6
.11 nlb_
l'HI!
1993
2001
Please or tint the foll
1. LastName: .
M:f
2 Home Address:
'}ZI Sf. 3Y"ot A~
3. Legal Residence:
?z.l Sot: ~...t A~
4. Principal Business Address:
c,..VIl' ....e~~ u~.Q."'""'6 \~~.,(
5. Home Ph6iie: Business Phone:
information:
Name
ct. \- LQ~
City
~<!-\...."" ~O-~
City
M.
+
'O.cz..\V"Q.
~.J.....
State
"l=t
State
t="l.-
State
ZiCode
P . .
3 3 t/ ~.3
Zip Code
3"3&./~3
Zip Code
...
~"'.....
City
. Sl61-;z. ?fo- &?G.'3
6. Date of Birth
E-Mail Address: Cell Phone:
."'s+lNte_~}\-ee. ~ S(gI-7~?-;:l'to"3
0-JI.'\..96~' Io\e:t
7. Axe you a registered voter? If so, where are you registered?
I'I'"/A
. Fax:
r./ /1'1
o/.,.Jv..'e... lclSc> ~4S "G~\""'~,\~Q...c...~,~L
8~ What Brnu:d(s). are you interested in: serving? Please lis~ in order of pret'erence:
171 "".., '" i .... /5. -:z... C> t"\ f .... ~ <77.
9. List all City Boards on which you are cun:eotlyse.rving orbave previously serVed: (please include dates)
H 's-t"o'" lCo. ~ ...-ecs. -e-r v C:l.:t.o"'-. _ .-# We"'"$.. \....$"\ ",:"-?"'ec;.~vOL. -t", ...
....h........t A vCco'"
tionalqualifieations:
13>
. . 1(,./ "
~ ~ V'Sf""S 7-0' 0
'Z.-.:>'
-l-
11. list any related professional certifications and nCen$es which you hold:
12. Give your present, or most recent employer, and position:
M C! I.. "As. . -r...._~~
13. Desaibe experiences, skills or. knowledge which qualify you to serve on this ~ard: (please attach a brief resume)
e-e.. \e ~c....."''''' . . l'a_ I
lr' ~ -t';; " ......
ca."
Note: This application Will remain on file in the Gty derk's Office fot a period of 2 years from the date it was
submitted. It wiD. be the applicanrs responsibility to ensure that a cuaent application is on file.
~1;/~l;f~003 11;: 51;
51;1~794~~t
ROB'lll MGGLOIll
PAGE 03
City of Del ray Beach
Board Member Application .
Questions 12.
One January 8, 1995 1 camebacJc home to Delray. Beach. Within the week. I was at City Hrdl
. asking the direction the city was taking as. tp the neighborhoods. I was direCted to the eRA. .
thrisBro~ who was thentbc. director of the C~. happily gave me the.vi3ion at the time.
urged me to ttt.ke a look at the Os<<ola Park neighborhood. and gave me the names and phones of.
local contacts. Six months later I moved into my bome in Osceola Park.
~t-was eight years ago. Since then lbave been President of the OSceola Park Neighborhood,
A~ja1ionfor 6 years oftbose cigbtyears and am. currently in that ~sition.. Osceola Park bas
come along way since tbe nigbts of return gunfire. A plan to rejuvenate the neighborhood he!
been .promised to us this year. wjth work pOssibly $t8I1ing in 2004. .
. .
. . .
As.such I bave attended various meetingsBnd "netWOdced. with re.sidents of other
neighb.9rhOOds~ including workshops for the SWNeighborhood Plan and West Atlantic Avenue,
J"ve .attendCdthe Neighborhood Summits. J>ve been a regular participant of Mayor David
.Schmidt"squarterIy 'Mayor's Meetings' forneigti\)orhQOds. lha.ve also attended.tbe 'Leader's
Summits" Dieetings when invited. Of co\lrse.rve been in the audience of any number of
Commusion meetings and Annual Meetings for Deli"ay Beach.
.' I
'j .Morethanthis" in August 2003. I will compJetcmy second. and ~.tw9-yeartenn as a
member oftb.e DelrayBeacb Historic Preservation Board (S~ptember 1m...,. September 2003. I .
am also the HPB JiaiSQn to the West Settlers Hi$toiic District Advisory Board (February 2003-
September 2003).
)
I took pan in the Downtown Charette.
- FllrthCr.1 was honored to be chosen as a.participant of Visions 2010.
I have tbeluxUry of working in Delray Beae~ only five blocks from my home. I am a member .
. .of a number o! individual organizations based in Delray Beach - which brings me in contact with
even more reSIdents of Del ray BeaCh.
. I believe that through my various associations within the city that 1 have a $Cose ofwbat the
peo~l~ of Del ray Beach want their-city to be in the futUi'e. 1 have.Q: SenseofWbat it wiJl take to
ge~ It ~re. ..since I arrived~back hom~ mDelia~Beaeh. my efforts s~mlo have been to bring
..this City forward. I would bketo continue to .asSlst ~~y Beacb.inthe future. . .
h~ ;:f~'4
.;),;77- /_3
pE.L~XB~P1
*****
RECE'VED
CITY OF DELRAY BEACH AUG '4 2006
BOARD MEMBER APPLICATIOt,t\TY CLERK
<tf'l/or
~CftJ
, III I!
1993
2001
Please or rint the followin information:
1. Last Name: .MooRE. Name R-ofJ€/Z.r
2. Home Address: ~S 4c16vutE. Jv/-c. CityD~ ~
3. Legal Residence: City.
-~4ML- - 5'~-
4. Principal Business Address: City
R~Tttt~o collJtJ/UJre fCXkwrrt/- tf/I CA--G.o
State
Fe
State
1(
State
Lt.
i I
Zip Code
5. Home Phone:
(?/Q l)Z7o-'i7fffr
6. Date of Birth
-z. /7-cf/37
Business Phone:
Cell Phone: Fax:
() zr-(-S-60 tP z7ff'- qZ.t/Jj
7. Are you a registered voter?
Y /e; S-
If so. where are you registered?
D-efAl.N1 f>~ A~~r~~w
.8. What Boat:d(s) are you interested in serving? Please list in order of preference:
'SlT.f:. {llA;J R:fr/({b,J Aif.& A-pp~~ ~OA-.eO
9. List all City Boards on which you are currendy serving or have preViously served: (please include dates)
AfOIJk: ....
. 10. Educational qualifications: . .
S .,- , S. (A-nAA/TlchI-5. . VAllA S,/'I ~r{~6-fNrA.
(jAil \/LcR.--f tr1 of MlC#- (b4-V Mg II
11. List any related professional certifications and licenses which you hold:
L#/ fl:Arct..J/u2.c.~nc. M tN'(.{ (Af/L
.12. GivftKim~~s~pin loyer.an~~n~ f(\)q,bo-rJl-;Mo~~A-Sf()C1A1'ff
p~ {(}WJ. 5'Tfl4-T'c6-tc MlJ k/l/A-#CfA--l !l1MfAVf,M\vr ~JVl-n
13. Desffibe experiences. skills or knowledge which qualifY you- to serve on this board: (please attach a brief resume)
f/ /4;.( { W"r f2z (J lA- ~ ' "MA/J l L ~ tX/(~. .
Pilk $ (fJ-f.Nr C(j}V40,M. frvH/ M. M J "C-t,lPi( i1W PO V IV/("f> 1<; C4 /I ~{ I'UM-ro}4 W
rriJdJsif.J.ldll 7lr<e /AvJ)INbS rJ/-~t C/lAJ1 WwIJIJ k >(/~l/l-1lJ.v'
I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material fal;tS
co~ed in this a~~n may cause forfeiture upon my part of any appointment I may. receive.
Fzl;xu/K:L~ A</wsr z{ 200tP
.SIGNATURE L DATE .
Note: This application will remain on file in the City Oerk's Office for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
)
1"~
2001
CITY OF B6LRAY8EACHRECEIVED
BOARD MEM:BE.R APPLICATI,ON JUl..-2'7 2006
CITY C.eRK .
.. ~ ,.W
MoL.
.,
1.
2.
3.
. 4.
With over 25 years of experience in the Real Estate industry, including over 20 years of portfolio
management and development experienCe, I understand what investors are looking for in property. From
setting your investment goals, criteria and risk tolerance to finding the property to fulfill those needs and
assisting in the due diligence studies, I have the knowledge, experience and contacts to complete all of the
details necessary to fulfill your real estate needs.
Based in Delray Beach, Florida, I specialke in the Southeast Florida markets and have clients throughout
the country looking to invest in the area. ..
Are you looking for a good investment opportunity or looking to sell or exchange a portion of your real estate
portfolio? Call me for the expertise necessary to help and guide you through the process. It will be my
pleasure to assist you in realizing your investment goals.
Christina Morrison
BuSINESS HISTORY
Christina Morrison is a Licensed Florida Real Estate Broker and a Certified Property Manager (CPM).
She has been active in the real estate industry for over 25 years; her areas of expertise include acquisitions,
development, change of use and conversions, property management, sales and leasing, training, and all
phases of real estate marketing.
Chris is currendy aBroker~Associate with BalistreriRealty in Delray Beach, Florida, specializing in
condominium, waterfront, and investment properties. Until July, 2001, Chris was theDir~ctor of Property
Management for the Southern Division of the Pennsylvania Real Estate Investment Trust (pREIT) ,
a publicly~traded company. based in Philadelphia, Pennsylvania. Her duties
included the supervision of apartment portfolios ranging from 2300 t03100 units
in several states, the successfulre~development of three apartment properties, and
the authoring of the company's Policies and Procedures Matiual and various
training seminars on Leasing, Fair Housing and Safety.
Prior to joining PREll'; Chris was National Marketing and Training Director for
Regency Windsor Companies, an apartment development and management finn
based in Vero Beach, Florida. ChIjs' responsibilities with Regency Windsor
included the analysis, development, and coordination of marketing activities for
all properties managed by Regency Windsor, encompassing over 12,000 apartment
homes in eight states, the development and implementation of various training
programs for all Managers and Leasing Consultants, and the design and
implementation of marketing and leasing campaigns for two new properties.
Chris is a graduate of Penn State. University and is a Past President of the Institute
of Real Estate Management ~ Southeast Florida and Delaware Valley Chapters ~
and was a member of the NationalGoveming Council for The Institute. Chris is
also a member of the Site Plan Review and Appearance Board (SPRAB) for the
City of Delray Beach and is an active member of the Delray Beach Chamber of
Commerce. In her spare time, Chris donates her time to the Delray Beach Food
Bank and Caring Kitchen and enjoys traveling, scuba diving and the Southeast
Florida lifestyle. .
VISit my website at www.ChristinaMorrison.com
BALISTRERI
I ----
REALTY
6 CO~L\IEHCIAL
~~ON
(I'M, Broker-Associate
Direct 561 573.7083
ChristinaMomson@adelphia.net
Ja~ 28 06 09:55a Me1 Pollack
QI/JO/OU MU~ l~:OG YAA J~L }114
5St-272-7618
131ft/! p..;!.. .
[/<2--'" , <- ~ : .:::
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....ll.I'-Ll:.rtA
OElJtAY 8~CH
...--..-
tze.d
;"fui!
1993
2001
CITY OF DELRAY ~EACH
BOARD MEMBER APPLICATION
2. Homc Address;
~ Co-..
3. LegU ~id. ence.:
~ ("- "\-v'\
4_ Princip:llBusincss Address:
&I,/.J. V)~'
S. HolDC Ph.ODe: '7
. -7 .I.=>
7.L
I MI.
---:--
C~ R(~ ,L te Zi Co15
~I ' '(! L 3P?y{
City Sotc Zip Code
City SQ.tc Zi)?Codc
6_ Az.c you a ttgiS't~.rcd vota:? '-. ~l1 z:~~ed?
..e .f tr.:.._ ~'--
7. Wh:1(Bo:u:d(~);u:c you ui(cz:cst~ iQ savin~ l'l=selisl: in ol:(lcr.O[prxfcxUlc;e
l.....,..ci .~ t;.. ~~ <::\ ~~ _ >f\~ \, L.. ~.t::"" lv..,- J. . C4.' I ~.;,...- '~.... : I
. (7 -'t.1'. . r/': ~
Business Phooc
~__1!-:, ~
B-M:Ul Addx~$: Cdl Phone:_.J.. ~ ~~\ ~
2-., 3_~
tIVI~ h.
F~
<....Jl.:.J. -5''''
SC~~clJ
10_ L~:lIlY [wral pI:ofession:dc;~carioDS 2.Il~ licenScs which..., V?\J h<:,1d: "
"'" . D L, ~(....
.....~
~ 1. Giv'e yoUt I?[escc.t, or most: rec~t ~ploYeJ;. and p~sitk~... ',. .
~ c:::-_~- ~'"' ...T . '\.? y v I 0-JI.S "t w'I r . U "\ r<-.o..:...:.tc. r :::C....;1O ('" h .d: r::., .:J ;.:ltc."'"
1-. t~ d: " .>
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I b.eceby c:c;rtiEy dU.1: :.n lhc ~o"'c $QtcmenlS axe ttUc:,.:lAd 1 :If;Cee 2nd UJ,Jdr:l:$b.nd dut: '.lAy tIUsl1:acemc:nt of m.at1::ri:d &.cu
c:onuiacd in this :If'pliCl.;,u # ~ forfciruz:c ~poa nry p~ of ~y ~ppoio.~cnt: I may ~eccive.
/Ir1.~ .~ . .3/i> T1.h-v 0'
SIGNATUlU!' ' . ,DATE
. Note:: 1:his ~ppU.cuion will1:~ oo-file an. the Cit:y Cledes Office: for a J?Griod of 2 yeus &om. the c:htc it: "'llI1lLS
submitted It: w:ilJ, be the appliou:1(s J:cpon:UbiW:y to easuie. duc",- cu.aCJ:lt ~pplic:atioi:1 ~ on .file.. .
~UC#.DQtI
.\
. .,
RECEt\!ED
JAN 3 0 2006
C\T'f CLER\(.
.Jan 28 06 09:55a
Me! ~ollaek
561-~72-7618
p_2
MELVIN POLLACK
800 N. Ocean Blvd. #1
Delray Beach. Fl: 33483
Phone: (561) 213-1990
E-Mail: melsy@bellsouth.net
OB.JECTIVE: MANAGEMENT, MARKETING., AND PLANNING - To utilize my
experience as an International/National Business Person, Program Manager, Director of
Business Development , Aviation Professional, Pilot and Safety Specialist in a corporate.
environment. .
EXPERIENCE:
Director, International Business Development/Operations, Wackenhut Services.
Inc. (WSI)
Provided contract services . to federal, state and. municipal agencies and foreign
governments. WSI is the largest provider of security-related services to the U.S. Federal
Government. and is responsible for key elements of the Government's role in national
defense.. homeland security; space exploration, the safeguarding of nuclear materials and
public safety. Due to the foreign ownership of the Company, my role was to be the
Senior Executive/Business DevelopmenUMarketing/Comrnunicalions conduit between
WSI and our parent, Group4Securicor~ This allowed us to work together within the Proxy
Agreement and protect national secrets, Marketed. wrote the Department of State
proposal for the Eastern Europe Civilian Police Force Contract Subsequently phased-in
400 person portion of that contract in Kosovo. Expanded WSI's participation on the
NASA Kennedy Space Center Contract for which I was the Capture Manager for
Northrop Grumman: (Sep 2003-Present)
Director. Operations & Services. Northrop Grumman Corp. Identified and researched
) business development opportuhities in high tech, O&M, .and operational areas Which
would benefit from Northrop Grumman's expertise and experience base. Responsible fOf
overall client development. executive leadership, community communications, and
continually evaluating and improving business processes. Capture manager, propOSal
writer, phase-in and transition team member on successful 10 year $2.2 Billion. NASA J-
BOSe Contract. (Dee 1996~Jun 2003)
Vice-President. AAROTEC~ Inc. Responsible for overall business development and.
project management for one of the. oldest ArchitecturallEilgineering firms in the United
States. Managed operations and projects in 34 countries. Responsible for dealing with
foreign govemmentsand U, S. representation at the highest levels. (April-Oct 1996)
Deputy Manager of. Johnston Atoll. Raytheon Corporation. Provided overall
management. supervision. and direction to a staff of more than 500 people ($50 million
budget) encompassing all the functions of a medium size city, Ensured compliance with
ES&H, quality, industrial safety, OSHA,. and EPA rules and reporting requirements.
Participated in budget preparation, operational plans, forecasts, and ensured ethical
practices_ Represented the company to the client. outside firms. and governmental and
DOD agencies. Operations of the airport and port were part of the overall responsibilities.
(April-Dee 1994)
)
.Jan 28 06 OS:55a
Mel Pollack
561-::272-7618
p.3
Senior Progtam Manager, Greiner Inc. Responsible for aviation business
development, BRAC Commission Representative, and corporate office manager.
Project Manager fOLthe development of a reuse plan for England AFB. LA. for conversion
into a civil airport. the related economic redevelopment of Central Louisiana. and the
industrial redevelopment of the old civil airport. Project Manager for a number of
feasibility studies in preparation for the closure of MacDiIl AFB. FL., and a Federal
Aviation Administration reuse study of Homestead Air Force Base, FL after Hurricane
Andrew,. During preparation of the Environmental Impact Statement for the Lambert-St.
Louis International Airport expansion. managed corporate. St. Louis office and was
responsible for public information and city/state coordination. (1991-94)
Dir.ector. Business Development for an established ArchitecturaVEngineeringfirm.
instituted formal marketing plan which resuJted. in opening three n~w offices and
branching out into new areas of business. Maintained. contact with State/County/City
Officials throughout Florida and the southeast. the. Department of Transportation. and
numerous governmental agencies. Instituted corporate quality control program.
(1984-91 )
Wrote. Negotiated and Managed $750 Minion Eastern Test Range O&M ~ontract
which encompassed operations and. management on two contin~nts and sovereign
governments" coordination at the highest lavels_ Directly responsible for saving over $150
million on this contract. As contr~ct administrator, responsible for 13% reduction on multi-
million dollar facility supply contract at Patrick AFB. (1981-83)
\
,
Operated and Managed Safety and Flying Program. at Patrick Air Force Base in
Central Florida; Coordinated with 64 civilian airports and many cities in the Florida area
on approach and departure routes; noise abatement. mid~ir collision avoidance, and low
level routing. Responsible for ~lImmtaryand civilian flight operations in the southern half
of Florida. Developed instrument approach proceduresand worked daily with the FAA
Achieved zero aircraft accident rate. (1978-84) .
Supervised and Managed the Safety Program at Homestead AFB, Florida:
responsible for over 30.000 people_ Developed programs and procedures which reduced
ground accidents by 35% in one year and received National Safety Council Award.
Instituted U.S. Air Force/FAA Mid Air Collision Avoidance program in State of Florida.
Worked continually. with airport managers and F AA.especially concerning noise
abatement and traffic into the South Florida area. Coordinated all security procedures
with both military and civilian agen.cies. (1974.78)
i
"
~an 28 06 09:55a
MelOollack
561-272-7618
p....
B.S. Economics, New York.University
UCLA, Anderson Graduate School: Executive Marketing
University of Southern California: Safety Management
. Department of Defense Computer Institute
,Armed Forces Staff College; Strategic Planning
U.S.Air Force Pilot Training
EDUCATION:
"!
PROFESSIONAL
AND CIVIC:
United States Space Foundation
Space Commerce Partnership
National Association of Installation Developers
American Association of Airport Executives
National Management Association
Florida Airport Managers Association
Southeastern. Airport Managers Association
Greater Miami Aviation Association
National Contract Management Association
Society for Marketing Professional Services
Society of American Military Engineers
SECURITY CLEARANCE: Top Secret. SB' (Current)
OTHER FACTS:
A former Prisoner of War in Vietnam, and the recipient of many
tnilitaryand civilian awards.
Commercial Pilot Certificate with Instrument Rating
,:-"
.) EMPLOYME.NT HISTORY:
· DIRECTOR. INTERNATIONAL DEVELOPMENT
Wackenhut Services~lnc,. Palm Beach Gardens, FL
· DIRECTOR. OPERATIONS & SERVICES
Northrop Grumman Corp., Titusville, FL
. .
· VICE PRESIDENT, ASIA DIVISION
AAROTEC, Inc., Fairfax, VA.
. MANAGEMENT/CONTRACT WRITING CONSULTANT.
Delray Beach, FL
· DEPUTY MANAGER. JOHNSTON ISLAND
Raytheon Services Nevada, Las Vegas. NV.
. SENIOR PROGRAM MANAGER
Greiner Inc., Tampa. J=L
· DIRECTOR. BUSINESS DEVELOPMENT
Williams, Hatfield and Stoner, Ine.,Ft. Lauderdale, FL.
· U.s. Air Force
: j
9/03..Present
..12/96-7/03
4/96-10/96
1/95-3/96
4/94 - 12/94
10/91 - 3/94
10/84 - 7/91
11/64 - 12184
DRRAY BEACH
~
~cn,
, , III!
1993
2001
;ZoJf/ ~ L
CE\\JEO
CITY OF DELRAY BEACH f\E. ...~ t\\\\~
BOARD MEMBER APPLICATION~\\t.' \:6~'{...
Cr\'{ G
i/;tf{f6
Please e or rint the followin information:
1. Last Name: "
t1NTO~
2. Home Address:
4
3. Legal Residence:
M~
4. Principal Business Address:
Name (f)
~\A-
City
DEUZiN 'i3 E flCIt
City
State
~L-
State
M.~
Zip Code
334 S
Zip Code
City
State
Zip Code
. .~_:- .
5. Home Phone:
Business Phone:
E-Mail Address:
Cell Phone:
Fax:
';A-
6. Date of Birth
~, - 734- 505Lf
7. Are you a registered voter?
1~S'8D
Ye~
8.
9. List all City Boards on which you are currently serving or have previously served: (please include dates)
tJ It
10. Educational qualifications:
I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts
contained in this application may cause forfeiture upon my part of any appointment I may receive.
P..J~ 'hU-012
51 NA. DATE
Note: This application will remain on file in the City Oerk's Office for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
August 14. 2006
To whom it may concern,
It is my pleasure to seek membership into one of the following advisory boards:
Planning & Zoning, Education, Site Plan & Review and Neighborhood Advisory. Ai; a
resident of Delray Beach for the past three years. I have decided to commit myself to the
betterment of the great city in which I live. I have always been involved in my
community because I feel that it is crucial to understand and believe in the improvement
oflife wherever it may be.
I know that I will be an integral part of any of the advisory boards for which I may be
selected. Some of my past experiences ofleadership include serving as President of
Student Advisory Board at Gulf Coast Community College. In this position. I oversaw a
group of25 students in developing, coordinating & implementing activities for the
college. Together we fostered an environment for students to take active participation
within our college. Not only did we promote student development and involvement, we
served our community through volunteering.
It takes initiators, such as me, to help any organization succeed which I hope to do for the
city of Delray. I have served on various boards throughout my educational career and
comprehend the importance of dedication required of members. I now plan to include
this aspect into my personal & professional career and ask that you consider me fora
member of the Advisory Boards.
Thank you in advance.
~~
Ria Ragel Santos
Ria Santos
4636 Danson Way
Delray Beach, FL 33445
Tel: 561516.0788
Email: ria.santos@agedwards.com
WORK EXPERIENCE
A.G. Edwards & Sons, Ine
Boynton Beach, FL
Registered Financial Associate
Financial Consultant
November '03 - Present
. Assist individuals in developing retirement/investment strategies
. Work with businesses in implementing Retirement Plans
. Assess clients' investment needs and goals
. Conduct educational workshops
. Service clients' specific issues relating to their portfolio
Aeon Corporation
Nagano, Japan
. Foreign English Teacher
August '02 - September '03
. Teach conversational English to students,"business professionals and housewives
. Prepared lessons unique to various levels
. Worked with Japanese Teachers to develop curriculum
. Helpedstudents progress with the English language
ACHIEVEMENTS & ORGANIZATIONS
-e Cum Laude
& Student Leader of the Year e- Delray Beach Chamber of
0 President Student Activities Board Commerce
& Senior Class Presdient 0 Habitat For Humanity
-& Phi Theta Kappa -& Women For Excellence
0 Volunteer UCF & Catholic Counsel of Women
U'/1~/U4 MON 11:26 FAI 561Zl(J 377:1
CITY CLERK
r- Abl::. Ij 2 .
DElRAY BEACH
~
me
1993
200-'
IgJ 002
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
rt! lit/of; .
Please e or rint the foil infonruuion:
1. LastName:JEJrOl"'1b S/J-AIz.o"vS
2. Home Addres.'l: -:l:t - t ~ 0 ~
Z-dO ~4-G J::4L.~.r;; Pr.
3. Legal Residence:
N~e
Ml
city
P~L,4
City
State:
G~ h.
State
7.ip Code
9J. 83
Zip Code
4- Principal Business Address:
too. w A T~41 "-;0 Bi.o./.e
City
p{Jo/~ ~
Sta.te
6.
Zip Code
3,706t
5. Home Phone; Busiol!s$ Phone: E-M."til Address: Cd! Phone: FaA:
5l1-Z,~r.JZ.5'9 7n... 7~6- "'~J6 SA-v~""G ,)~1J;t.J- 'F~,-y ;73-/7/7 9Ti'9#~~76'
6, Are you ;1. registered vorer? Y G;" If so, whe.te are you regIstered? 1/57-,,.,,.. "ee=~
7. \)/hat Boatd(8) are youin~ested ~ serving? Pleue list in a.tde:r of prefe:rence:
5 . Zo~PI'/ C ..
.J. US! all. . Ci~oud5 .on .'!J:ll~ you u~~nt.lt~~ orlEt!~_p1:cviO\J. .2.1:y. 5<:IYe~;. (Pl~,$,e, U::l.I:ludc.$ht\!:,sl. _
-. 'J:; . C ,.-/u, . 4.
c....
9.
12 Describe experieocc:s, skills or knowledge which qualify you to sa'Il'e on this boa.rd: (pIC:1.sC atcach a brief resume) .
€ .P~~ ..z;~v~{~ ;> G ~ . Ii/'.
.l'[f I ~"j; ~ ~-7'S n t:>;', :.A 0 " ;'0' ~/
[)e~ 15(F~h/ -r /$ ~ C/I-.<,-
I bereby Cettify that aU the above statem.tmts an: ttu~ and {11 ee:;l.Qd undctKhUld chat MY nWltatcment of macetW faCTS
con' ~n this applicnti ay cause forfeicuxe upon my part of any appointment I may l:cxci'll'e.
-B;'l~ &j
DAlE
ote: This al'plication willl:emam on 1ileiD. the City CJttk>s Office for a period of2 years fronQtf~tQt~K
submitted. It will be me applicant's tespoIl$ibilitV to ensure that a cun:en[aoDliOltion Ur on f11p_ .
:1ECE'VED
NOV 1 61004
11/16/2004' 11:22
March. 2002
Present
95478646/"'
BUILDING
JEROME SANZONE
. .
200 MACFARLANE DR
DELRA Y BEAOI. FL 33483
(561) 243-3299
OUTI.lNE REUM:E
Cjty ofPompauo Beach
lODE Atlantic Blvd
Pompano Beach, FJ.33061
Bmlding Official
PAGE 03
11/16/~604 11:~~
June, ] 959-
SeptembeT, ) 959
Sept. J 958-
Jan., )960
-)
Sept., 1955- .
Sept.. ]958
JUQe. 1954-
Sept, 1955
"
9547136467~
BUILDItIG
C & C Construction
613 Tabor Place
InvestOT Plarming Corp.
60 E 421d Street
New York, NY
JEROME SANZONE
200 MACFARLANE DR,
. DELRAY BEACH. FL 33483
(561) 243-3299
OlJI1.INE RESUME (CONT'D)
New York City Co.mmunity
. College
300 Pearl St.
Brooklyn, NY
United States Army
Levy & O'Keef
171.Madison Ave
New y or~ 'NY
Estimator &
Designer
Sales Represenlative
Construction Tech.,
. ABS Degree
Corp of Engineers .
Mechanical Design
. PAGE . 601
11/16/~6a4 11:~~
.':-,.
;)
. \
. J
Date of Birth;
Marital Status:
Genual Health:
Military Senice
CQ-tification:
School:
Organizations:
95478646T.
BUILDI"~;
PROFIL'E
August 17. 1936
Mauied
Excellent
US Army Corps ofEng. -Hi>norable Discharge, 1955.1958 .
Florida State General COJ)tractors
License #CGC-007690
Ccnified by the~partment ofPTofessionaI Regulaliominthe
Following areas:
Building Code Administrator; .
Structural Plans Examiner and Inspector;
. Elcclrical PlaDs Inspector;
Mechanical piins Inspector
Plumbing Plans JeSpccror
C.A.B.O. Certified Building Ofijcial #923
Florida Board of Building Code and
Standards Cemfi~tc #111
l\uiJding Officials AssOCiation Building Code .
Pin::ctor Certificate #147
South Fiorida Building Code l\uJJdjngOfficial.
Chief Structural Inspector and Plan... Examiner
NYCC'C A.B.S. Degree in.CoJl.$troction Technology
Florida Atlantic Builders As3o.ciation Chai[IJ1an of
. Affordable House Committee
GovamneUlaJ Affairs Committee
BUJldcrs Associa~on of Soutb Florida
Co-.Olairman ofTeclmicaI & Consauction
Committee
COnstruction Specifications Jnstitutc
Bwlding Officials A~ocjation of
PAGE 65
11/16/~004 ll:~~
Boards;
,
. ).
. .
Languages:
-..1
9547136.46~
"'.
BUILDIt-lG
PAGE 06
Florida
JEROME SANZONE
200 MACFARLANE DR
DEl.RA Y :BEACH, FL.
PROFILt:.(CONTD)
Broward County Construction Industry Licensing Board
Palm Beach CounT)' BuiJd~g Code Advisory Board
Palm Beach County FiTe Code Advisory Board
Fire Code Board of Adjustments and Appeals
SBCCI By-Laws Comminec
SBCCI Code InietpretationCormniitee
SBCCI Existing Buildii:tg Code Committee
SBCCI General Design Committee
ROAF Resolution Conumnee
Palm Beach County H\uncane Retrofit Committee
Palm Beach Couut}' pl\lJDbing, Electrical and
. Mechanical Review CommiTtee
ICC International Building Code Structural Committee
Italian, Spanish. Japanese and titilJ.
.11/16/~0e4 11: ~~
:")
or
.-
954786467,":'
. CLIENT
us Dept of Agriculture
Niational Homes, Inc.
. Ryan Homes
G.D;C.
Heller. Weaver & Assoc.
Gcn:star
ITT
G.P.
.Nortll\vood Industri.es
.MarOlem
Everglades Chemical
MCl-Carter Coating
C.A. Marando
Florida Division of
.. Law Enforcement
BUILDIt-ll3
JEROME SANZONE
200 MACFARLANE DR
DELRA Y BEACH. FL. 33483
CONSULTING
ACTIVIT.(
Set up construction companies to bujld mass housing and train
Personnel in Vf:nezuel~ S.A., 3 projects.stam:d,
ACq\ti:re product approvals for dleir system under the
$Beel and SFBC.
Analyze and solve eonsbuctioo problems.
Analyze and solvcconstruc~onproblems.
Evaluate buildings for condo conve(l:jions.
Developed site plan for pl~d community in $, Dade
EvaluatedsUucnlrc:s atPalm Coast in B1Ulncll. Fl:
Approved as cxpert\~itness in American Arbitration and
Federal Court,
AnslyZc:.and solve problems ofcoT.lStruction applications.
Advised OJ) marketing (jf construction products and gained
code approvals.
Ad'\'ised on marketing of construction productS and gained
Codeapprovws. .
Advised on marketing of construction products and gained
Code approvals.
Advised on marketing of construction products and gained
Code apprO'lrals.
Advised on marketing .of construction products and gained
Code approvals.
Analyze, investigate and eval1tate projects as well as testify as
An expen witness for the: Construction Fraud Case
PAGE . 07
11/16/~004 11:~~
9547136467'
BUILDING
.......
..
JEROME SANZONE
200 MACFARLANE DR
DELRA Y BEACH. FL. 33483
PROFESSIONAL ASSOClA nONS
American COJ)crete Instinnc (ACl)
American Institute ofTirnber Construction (AIle)
Building Qfficials Association of Florida (BOAF)
Building Officials Association of Palm Beach Cou~ (BOAFPBq
Building Officials and (".ode Administrators (BOCA) .
. CODsllUctjon Specification Institute (CSI)
COuncil of American Building Officials (CABO)
International Conference of Building Officials (ICBO)
Southern Building Code Congrcs~ Inteflutional (SBCCI)
'-.':r."
. I
f
P1WFESSIONAL CERTIFICA nONS
BrOwvdCounty Board of Rules and Appeals:
. BuiJdingOfficiaV Plans E.-"ammer
nuiJding Officials Association of Florida:
Building Officiall Departmalt Director
conncii of American Building Officials:
. BUilding Official
Florida ASsodatitln ofPlummng-Ou-Mecbanical Inspectors, Inc.
State of Florida. Depanment ofBusincss &Profeuional Rcgubnon:
J3uiJding OfficiaJl Code Admini$tl'8tor~ Plans Examiner, inspectOr
St.ne pfFlori~ Depanmcnt ofBusincss & Professional Regulatjon:
Genera] Contractor .
State ofFlorida..FJorida Board of Building Codes & St~ndards:
Building Official
RELATED INDUSTRY ACTIVITIES
- .)
Building Association of South Florida:
Co-Chainnan, C0D51NCtlon & Codes Committee] 980-81
Olainnan. Palm Buch County Fire Code Ad-..isoty Board J990-94
Chainnan. Palm Beach County Fire Codc of Appesls& Adjustments 1990-.94
College ofarchitectS: Engineers & S\1JVeyors SeismicCoJDJDince 1968-73 .
Low Cost Housh~,g Comminee- Pucno Rico 1963-68
PAGE OB
,
Il/lG/~064 ll:~~
954786461.7
BUILDING
President. Building Officials Association ofBroward County 1987-88
President, Building Officials Association ofP.a)tn Bca~b County 1994-95
Southern Building Code Congress International By-La'ws Committee ]992-93
Southem Building Code Congress International Code lntErpreriujon Committee 1994-95
Southern Building Code Conference International Existing Building Oxie Committee 1.995-97
Southern Building Code Conference International General Design Committee 1997-1999
International Code Council ICC lNTERNA TIONAL BUlLDINGCODE..Structitral Comm.inee 1999-
Present
~)
:..-
I
.i
.'
PAGE 69
3/ rltril
DURAY BEACH
"
1993
2001
RE5
~~? n R 1\)\)0
c.... r\..Ct\\(
C\'\iV \..-
.......)
~'-~ "
/' \: ':A~:-~
CITY OF DELRAY BEACH BOARD MEMBER
APPLICATION
Please type or print the following information:
1. Last Name: Name M.l.
Shaffner Cheryl E
2. Home Address: City State Zip Code
2953 Sabalwood Court Delray Beach FL 33445
3. Legal Residence: City State Zip Code
2953 Sabalwood Court Delray Beach FL 33445
4. Principal Business Address: City State Zip Code
700 East Adantic Ave. Delray Beach FL 33483
. 5. Home Business Phone: E-Mail Address: Cell Phone: Fax:
Phone: (561) 278-2628 ceshaffher@bellsouth.net (561) 706-2138 (561) 381...7328
(561) 498-3651 ..
6. Are you a registered voter? If so, where are you registered? Yes, Precinct 7154
7. What Board(s) are you interested in serving? Please list in order of preference:
Planning & Zoning, Site Plan Review and Appearance Board
8. List all City Boards on which you are currendy serving or have previously served: (please include dates)
.
9. Educational qualifications: High School Diploma, ISO and QS certifications, Business Management
10. List any related professional certifications and licenses which you hold: Real Estate Sales Associate
11. Give yoUr present, or most recent employer, and position: Gringle, Doherty & Wheat, Inc., Commercial Agent
-
12. Describe experiences. skills or knowledge which qualify you to serve on this board: (please attach a brief resume)
t J Attached Resume
I hereby certify that all the above statements are true. and I agree and understand that any misstatement of material facts
~ed in thi~lication may cause forfeiture upon my part of any appointment I may receive.
. ~~. \..()~tJ\ SIGNAIDREDA1E 3/lD 10 to
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\CITYCUlRK\BOAltD\
APPUCATlON
2953 Sabalwood Ct
Delray Beach, Florida 33445
Phone:(561)49~651
. Cell: (561) 706-2138
Email: ceshaffner@bellsouth.net
I
Cheryl ~
ExPerience
2005-2006 Gringle, Doherty & Wheat, Inc,
Commercial Real Estate, Realtor
Delray Beach, Fl
200J.-..2004 Forex Trading Strategies OeJrayBeacb, Fl
Complete accounting set-up from inception, $600,000 in sales. Including
all record keeping, processing payroll, interviewing and handling all
employee reviews.
~Manager
· . AccOunts Payables
· Account Receivables
· Journal Entries
· ReconCiled Bank Statements
. Payroll
· Human Resources
· Unlimited Check Signing
.::)'
2001 HMY Yacht Sales
Sales Assistant
· Sales Assistant to 5 Yacht Brokers
· Prepared all DOcuments for Closing
· Abstract of TiUes .
· Bank wires and deposits (for c1osing~)
· Inventory Control (Yachts)
· Entered Ustings
Palm Beach, FL
..,
I
./
1986.2001 Aight Systems, Inc. lewisberry, PA
Flight Systems is an automotive manufacturer and a remanufacture. We
manufactured ABS units, transmission controllers for Daimler/Chrysler,
Volvo, VolksWagen, GM and Ford as well as generatorcontr61 and
monitoring systems for Caterpillar, Cummins Diesel, Onan and Detroit
. Diesel Allison,ln excess 0119 million in sales annua'. My positio~ at
Flight Systems was Accounting Manger and .Intemal Auditor. Duties
included all Accounts Payable, Accounts Receivable, General ledger
and maoag~all major accounts a~wellas.a certified 18014001
. (environmental industry standard), OS90oo and 089001 (automotive
. industry standard) internal aUditor. .
.,809001 plus 059000 on going training for industry standards
· Developing work instructions for all phases of production
· Implemented FEMA and procedures for company.
· Internal Auditing (weekly) to identify non-conforming products as
Education
.,)
/
Continu.lng
EducatiOn
-)
well as making sure all work instructions and procedures were
being followed.
· Maintaining. all Quality Records (required)
· Assisted outside auditors on an bi-annual basis
Accounting .Manager
· . Accounts Payable aging, keeping an payables within terms and
negotiating discounts.
· Set-up all records foi new accounting software CMS, IBM, arranged
and followed through an an go five deadnnes.
· GeneralledQer Account coding an an invoices
· Voucher, posting of all invoices
· Purchasing of an non-inventoryitems (buikfll1g maintenance items,
major equipment purchases,all company vehicles)
· AcCounts Receivable aging.
· Collections of an past due accounts
· Receiving and entering aU cash receipts.
· Making aD cash deposits, reconciling ~II.EFT and wire transfers.
· Managed rTlajor accounts for US 'and overseas. {Daimler Chrysler,
. Ford, Caterpjllar, Detroit Diesel}
· Reviewed all credit applications for bu&iness accounts.
· Check Signing
High School Graduate 1991
· Cumberland Valley High schc10I
1991-1995 Harrisbuq'J Area College Hbg. PA
Paralegal~ Intro to Para legalism, Legal Research & Writi~g, Domestic
Relations .
· Business Management
September 2001 Gold Coast School ofRE.
.. Real Estate License
· IS09001 - 9014 and QS9000 Certification
BocaRaton,FL
11-1)5-2006 16: 18 FRO-l: I'IAC t-lILLt=t1
-;TAt,LEY 5612768881
TO:
~774
P.2..3.
j
DflAAY BEACH
tdtd
rqrr
1993
2001
CITY OF DELRAY BEACHREGEIVED
BOARD MEMBER APPLICATI.Wt\J:ti 6 '2006
CiTY. C.. E'
~(,
.Fe..
;n formation:
3,.
, 17-
#/7-.
$r.at~
fi.,
Stare
")
....
tI.-
8eaU
-
;) 7j-v -c, ?IL "3
E-Mail Address: Cell Phone:
. ~~/J71l1iIt.4I1IIr(
FalC
Home. l)honc::
nusinc~s Phone:
6,
.,
8. List all Cirt lln:uds on which yc.u ace cun:endy ser.ving 0': havc pr<t...i()u~)y' sCJ."Voo:(pJease include d..ui)
.9_
rI
. fications aod licenses which you hold:
employer, and posicion:
wkdHC whkh quaJiJy you to SC1VC on this bo~rd: (pJea~ QtC!-ch a brid r:cliwne)
1 hereby ccnify (hilt an \he abm>e ~C1[cmcntS arc troc" ;lnd I agree and understand (ha( any mi:':;;cucmcQ( of m.lT~.rial.f:lct.';
concUnc' . . aoon "-usc forfeinuc \lpon Ul}'part of any appointment I may receiV'e. .
~/~/CJ0
. DJ\TE I.
,
,j'
S I.: \\11 remain Oil file in me City Clerk's Office for a period of 2 years from tlie date it was
submitted. lr will be the applicant's responsibility to enS1Jxe thu a current application is on file.
. . S\CIT"'O~"")AIID"_'I.I'tUCAT1ON
1m 7/P-~
1.1-05-200; 16:19 FRO-l:f'l=f: I'1ILLHI STHI.LE'{ 5612768881
TO TI774
P..3.3
MacMillan & Stanl~y. PLLC
MacMillan & Stanley. Building
29 NE 4th Avenue
Delray Beach,FL 33483
Phone: (561) 276-6363
Fax: (561)~7G-8881
tom@macmillailstanley ~com
Thomas M. Stanley .
Education
1995-1999
8.A.H1atory
1999-2002
.JurtsDoctor
Princeton University
Princeton, NJ
Florida state UniVersity
Tallahassee, FL
Profee8Ion;aI
expertenoe
2002 -Present MacMillan $. Stanley. PLLC
Beach.FL
Attorri~y
Lellell ,itle Insurance Agent
Wtll. Trusts and Estates
Estate and Gift Tax
Real Estate
closely held cOrpor~Uons
condominium jaw
Delray
0)
ProIes:sional
memberships
Member of the Florida Bar; American Bar Association: Delray Beach
Chamber of Commerce: Chairman's Club: eoca Raton Estate -Planning
Council: Palm Beach Coun~ Bar Association; Oelray Beach Historical
Society; Palm Beach County Historical Society; Member .of Real
Property and Probate Section of the Fforida Bar: Member of Elder Law
Section of the Florida Bar; DELPAC
Objectlvo
.1 am a Delray Beach native and have a vested interest in the success of
Delray Beach as a downtown landowner and businessman. I feel that
my skills and knowledge as a longtime Delray natiVe and attorney will
bring added depth to many of the City of Delray. Beath developm~H1tal
and review boards, . .
\
.)
DELRAY BEACH
f,oalDA
*****
All-AmerlcaCity
, 'III!
1993
2001
Please
1. Last Name: 5T (2 A-
2. HJOAddr5V' E Et:J~9E &SII-
3. Legal Residence:
-SA-All t-
4. Principal Business Address:
CITY OF DELRAY BEACH RE0~r"EO
BOARD MEMBER APPLICATIO~R: 11 'l.tlt)t)
C\E~\(.
C ff'l ""..
~/~J ~
MI.c.
~ ~ode V
Zip Code
State
FL
State
Name
City
State
Zip Code
S. Home Phone:
E-Mail Address:
Cell Phone:
Fax:
Are you a registered voter?
8. List all City Boards on whi~ou are. cutt endy serving or have pr
Co 2-/(/ d /2Ct" ~E.A./
....v
ertifications and licenses which you hold:
::;:::;?1- IA.JcJ/.)
c14-/2 .~.A/ L€A/r~
Note: This application will remain on e in the City Clerk's Office for a period of 2 years from the date itwas
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
. S\CJTYCIJlRX\BOAlUlW'PUCA11ON
oX
Wt1
MYDELRAYBEA CH. COM
TO:
David T Harden, City Manager
~ Robert A. Barcinski, Assistant City Manager
Agenda Item City Commission Meeting October 8,2006
Consider Approval of Agreement with Players International Management, Inc.
FROM:
SUBJECT:
DATE:
September 28, 2006
ACTION:
City Commission is requested to consider approval of a five year agreement with Players International Management,
Inc. for three (3) UST A Junior Tennis Tournaments proposed to be held at the City's tennis facilities.
BACKGROUND:
Attached is a proposed agreement between the City and Players International Management, Inc. for three (3) USTA
Junior Tennis events. The events proposed are as follows: Halloween Super Series October 14-16, 2006, USTA
Boy's and Girl's National Spring Championships April 8-14, 2007, and USTA Summer Smash Regional
Championships September 1-4, 2007. This agreement would take place of the existing agreement we have for the
National Spring Championships. The City would be recognized as the tournament host and would receive
promotional and advertising benefits as stated in paragraph 6 of the agreement. The City would also receive
economic benefits from those attending the tournaments. Also attached is a more detail summary of each
tournament highlighting the economic impact. Highlights of the agreement are as follows:
1. Term is 5 year beginning 10/01/06 and provides for a 5 year renewal
2. Payment to PIM is $75,000 the first year
3. Annual increases in fees based on All Urban Consumers - United States Consumer Price Index
4. A $10,000 payment would be made to the City if there is no television coverage for the April event
5. PIM responsible for event management
6. City responsible for providing site and courts
I have discussed possible funding assistance with board members of the Sports Commission. However, due to their
current financial condition, funding assistance would not be available this year.
I have also discussed the possibility of receiving funding assistance with the Tourist Development Council staff
through their Special Projects fund. We could apply for assistance from this program however there are no
guarantees of funding approval.
We have budgeted $24,820 in the FY 06-07 Tennis Stadium budget for the April Players International Management
event. If Commission approves this request a budget amendment would need to be prepared for the difference in
funding.
RECOMMENDATION:
Staff recommends consideration of approval of the proposed agreement between the City and Players International
Management, Inc.
RAB/tas
File:u:sweeney/agenda
Doc: Agenda Item for Players International Management Agreement
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Hosting three UST A junior tennis toumaments in the City of Delray Beach provides an
opportunity to drive economic impact and a national marketing campaign to thousands of
tennis players and families across the country while insuring the growth of tennis in the City by
developing a youthful fan base that will support the City's A TP toumament for many years
to come.
The City of Delray Beach and Players Intemational Management, Inc. (PIM) would enter into
an agreement in which PIM will cause to happen the following three USTA sanctioned
events:
USTA BOYS & GIRLS 12'S NATIONAL SPRING CHAMPIONSHIPS hosted by City of Delray
Beach
April 8 -14,2007
- $800,000-plus annual economic impact to the area
- Televised sJate-wide and nationally in over 23 million homes
- Highest level amateur tennis event in the country in the 12 & under division
- 256 players from across the country in the 12 & under division, plus coaches and families
(approx. 1,000 people)
- 50.plus year history
- Past participants include Roddick, Agassi, Sampras, Davenport and Capriati just to
name a few - Currently in the month of April (date may vary from year to year)
USTA SUMMER SMASH REGIONAL TENNIS CHAMPIONSHIPS
September 1- 4, 2007
. $550,000-plus annual economic impact to the area
- Newly formed UST A event to debut across the country in 2007
- 512 players from the southeast US, plus coaches and families (approx.
1,500 people)- Competition in boys and girls 12s, 14s, 16s and 18s
divisions
- 2nd largest number of participants of any UST A tournament in the US
. - Currently in the month of September (date may vary from year to year)
HALLOWEEN SUPER SERIES TENNIS TOURNAMENT
October 14 -16,2006
- Annual econorpic impact to the area
- 192 players from southeast Florida and intemational students training locally, plus coaches
and families (approx. 500 people)
- Competition in boys and girls 10s, 12s and 14s age divisions
- Currently in the month of October (date may vary from year to year)
AGREEMENT
THIS AGREEMENT, made and entered into this day of
200 by and between the CITY OF DELRAY BEACH, FLORIDA, a municipal
corporation (hereinafter referred to as "CITY"), and PLAYERS INTERNATIONAL
MANAGEMENT, INC., (hereinafter referred to as "PIM").
WIT N E SSE T H:
WHEREAS, the CITY owns and controls certain property upon which is located
the Delray Beach Tennis Center and the Delray Swim & Tennis Club, hereinafter
referred to as the "Site"; and,
WHEREAS, PIM, is desirous of using the Site for the purpose of holding three
USTA junior tennis tournaments (Events) annually in the months of April, September
and October; and,
WHEREAS, the CITY believes that holding the UST A junior tennis tournaments
at the Site will grant the citizenry of Delray Beach many tangible and intangible benefits;
and,
WHEREAS, this Agreement shall take the place of the current Agreement
between the parties dated November 26, 2002, along with any amendments thereto,
shall be null and void upon the effective date of this Agreement.
NOW, THEREFORE, in consideration of the mutual premises, covenants and
agreements contained herein, the parties hereby covenant and agree as follows:
1. The recitations set forth above are incorporated herein.
2. LICENSE: TERM.
The CITY hereby grants to PIM starting on October 1, 2006, the non-exclusive
right and privilege to stage and use the Site for the Events. PIM'S rights shall cover an
additional 1 day period before the commencement of each Event to set up necessary
facilities and an additional day after the Event to remove necessary facilities. The CITY
further grants to PIM the right and privilege to stage the Events at the Site through
September 30, 2011. PIM agrees that the future Events shall be held as set forth on
the document, attached hereto as Exhibit "A", and that all future Events shall be within a
two week window of the dates as set forth on Exhibit "A", unless granted a date change
by the CITY. PIM shall send written notification to the CITY of the exact date of the
Events at least 180 days prior to the date of the Event. At least 300 days prior to the
expiration of the term the parties shall meet to discuss the renewal of this Agreement
and upon mutual consent this Agreement may be renewed for an additional 5 year
term.
3. LICENSE AGREEMENT ONLY.
This agreement between the CITY and PIM is a license agreement, not a lease
or purchase agreement, and should be construed by a court of competent jurisdiction to
be a license agreement only. Furthermore, this License Agreement does not grant nor
is PIM receiving hereunder any rights to any real property of the CITY nor any property
interests except as set forth in this agreement.
4. FACILITIES AND SERVICES PROVIDED BY CITY.
(a) Unless otherwise herein specified, CITY shall be responsible for, or
agrees to provide, at no charge to PIM the following facilities and production assistance
in connection with the conduct of and staging of the Event:
(i) tennis courts, as mutually agreed,
(ii) preparation and maintenance of the courts throughout the Event,
as mutually agreed upon by both parties;
(iii) nets, net posts, single sticks and umpires chairs;
(iv) adequate space for and operation of concessions, retail booths,
etc. (PIM shall place and operate the concessions and retain all
revenues from its concessions and retail booths);
(v) restroom facilities and supplies;
(vi) additional courts for pro-am, clinics, etc., as mutually agreed;
(vii) the use of locker rooms, as mutually agreed;
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(viii) access to utilities to include but not be limited to water/sewer,
electric/lighting;
(ix) CITY shall have the first right to provide racquet stringing;
(x) CITY shall have the first right to provide teaching programs to
participants.
(b) CITY agrees to pay to PIM the amount of $75,000.00, in monthly
installments starting October 1, 2006, for the Events being held as shown on Exhibit
"A". PIM acknowledges that it has received funds in the amount of $10,129.25 from the
CITY as it relates to the prior Agreement between the parties and that these funds shall
be deducted, on a prorata basis equally each month, from the monthly payments made
to PIM over a 12 month period. For each year thereafter, starting on October 1,2007,
the amount paid by the CITY shall increase annually in accordance with the All Urban
Consumers-United States Consumer Price Index (CPI) as reported by the United States
Government Bureau of Labor Statistics and shall be paid in twelve (12) equal monthly
installments payable on the first day of each month from October 1 to September 1 of
the following year.
5. STAGING AND PRODUCTION OF THE EVENT.
The organization, staging, and conduct of the Events will be the responsibility of
PIM, which responsibilities shall include the following:
(a) Obtaining an Event Director, all personnel involved in each Event, and the
Event participants;
(b) Administering the entire Event;
(c) Setting up each Event on-site and handling all on-court activities of the
Event;
(d) Soliciting sponsorship sales and television rights sales for each Event;
(e) Handling promotions, advertising, sales, public relations, and program
production for each Event;
(f) PIM shall be responsible for site clean-up of restrooms and for onsite
garbage pick-up; and
(g) PIM shall pay for all dumpsters needed for the Events.
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6. ACKNOWLEDGMENT BENEFITS.
In acknowledgment of the services provided by the CITY in Paragraph 4 hereof,
PIM agrees that CITY will have the following acknowledgment rights in relation to the
Events, subject to the provisions of this Agreement:
(a) The name of the Events may change, however, the phrase "hosted by the
City of Delray Beach" shall appear prominently in all of the names;
(b) Recognition as the Host Site of the Event;
(c) Prominent placement of CITY'S name and/or logo in all print, radio,
television and website advertising created by PIM to promote the Events,
including in the player's information packet;
(d) Prominent placement of CITY'S name on the front cover of all promotional
materials created and distributed by PIM;
(e) Prominent placement of CITY'S name in all press materials;
(f) Audio and graphic mentions during any telecast;
(g) Stadium court and Grandstand court signage which includes the name or
logo of the City on banners on the 2 backdrops for the courts;
(h) Use of on-site booth space for promotional purposes (with all material
subject to the prior approval of PIM);
(i) Participation of CITY in press conferences for the Events;
U) Recognition as the host site sponsor where such recognition is displayed
on the sponsors board and the sponsors/draw board displayed on site;
(k) Participation in awards ceremony; and
(I) Opening and closing billboards or two 30 second television commercials
during national airing.
7. EVENT EXPENSES AND REVENUES.
(a) PIM shall be responsible for collecting all revenues generated by, and
paying all expenses incurred for, the Events, except for those expenses associated with
CITY'S obligations set forth herein.
(b) CITY acknowledges that PIM will not pay CITY for any expense incurred
by CITY in conjunction with the Events unless CITY has submitted a written estimate of
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such expense to PIM and obtained written approval from PIM of such expense in
advance.
8. OFFICE SPACE.
PIM shall be allowed to use the event office/ticket building, adjacent to the
CITY's Community Center, located at 30 N.W. 1st Avenue, provided, that PIM first
obtains the consent of Match Point Inc. prior to any such use. If the CITY determines
that it needs the exclusive use of the event office/ticket building, PIM agrees that it will
vacate the office building within 60 days of receiving such notice.
9. FORCE MAJEURE.
If PIM or the CITY is prevented from or interfered with in any manner whatsoever
in fully performing the terms and conditions of this Agreement (including its ability to
conduct the Event(s)) hereunder, for any reason beyond its reasonable control such as
any law, regulation, act of God, earthquake, flood, fire, accident, labor controversy, act
or threat of terrorism or delay of a common carrier (the foregoing all being examples of
an "event of force majeure"), then PIM'S and the CITY'S obligations hereunder will be
suspended as often as any such event of force majeure occurs and during such
occurrences, PIM'S and CITY'S nonperformance will not be deemed a breach of this
Agreement
10. TAXES.
PIM shall be liable for any and all taxes which are or may be imposed as a result
of this Agreement. Taxes shall be paid to the appropriate authority and including, but
not limited to, sales and use tax.
11. PROOF OF INSURANCE.
PIM shall provide the CITY with proof of insurance being in force. The type and
quantity of insurance is more particularly set forth in Exhibit "B" to this agreement.
Proof of such insurance shall be due 30 days prior to the first day of each Event. The
insurance shall name the CITY and its designee as additional insured.
12. FINANCIAL RESPONSIBILITY.
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PIM agrees, subject to the provisions of this Agreement, to accept all financial
responsibilities for the Events including, but not limited to, all accounting and reporting
as may be required by law. PIM further agrees to accept sole responsibility for any
financial commitments or obligations it incurs as a result of the Events, and which are
not provided for in this Agreement.
13. OTHER SERVICES AND SUPPLIES.
PIM further agrees that all services and supplies not specifically identified herein
shall be provided by or through PIM.
14. CONCESSION RIGHTS OF PIM.
PIM may sell food, beverages, confections, refreshments and novelties or may,
subject to approval by CITY, contract with another to provide such service except that
PIM will not offer for sale items that are prohibited by the CITY'S agreement with Coca-
Cola of Florida unless otherwise agreed to in writing by CITY, Coca-Cola Enterprises,
Inc. and PIM. PIM is also aware that from time to time the CITY may change beverage
vendors and PIM agrees to abide by the contractual terms of, as it relates to
sponsorships and sale or use of a certain beverage product, of any future beverage
agreement the CITY may enter into.
In providing the concession service, PIM or any person, firm, or corporation with
whom it contracts for such purpose (hereinafter referred to as "concessionaire") shall
comply with the following provisions provided, however, that PIM shall remain ultimately
responsible to CITY for all obligations required of the concessionaire:
a. Concessionaire shall, prior to commencing any activities, obtain
any and all permits and licenses that may be required in connection with the
operation of this concession.
b. All food, drinks, beverages, confections, refreshments, etc. sold or
kept for sale shall be first class and quality, in accordance with the Department of
Health requirements, shall conform to all federal, state, county, and municipal
laws, ordinances and regulations in all respects.
d. Concessionaire may, at its expense, furnish additional equipment
and fixtures to be utilized in the concession. Concessionaire shall submit plans
and specifications concerning fixtures and equipment to CITY for approval prior
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to installation of any items. For the purpose of this Agreement, "fixture" shall be
defined as anything annexed or affixed to a building or structure or which
appears to be so affixed or annexed, regardless of whether it is capable of being
removed.
e. The Concessionaire shall provide all maintenance, repair and
service required on all equipment used on the concession.
f. Concessionaire shall keep all fixtures, equipment and personal
property, whether owned by Concessionaire or CITY, in a clean and sanitary
condition and shall cleanse, fumigate, disinfect and deodorize as required and
whenever directed to do so by CITY. All state health laws and state health
department regulations must be strictly complied with. All janitorial services
necessary in concession area shall be provided by Concessionaire at
Concessionaire's expense.
g. Concessionaire agrees to dispose of all refuse and garbage, in
compliance with all applicable laws, ordinances and health codes, at
Concessionaire's expense, and to keep outside container areas cleaned at all
times.
h. If the concession is operated by a person, firm or corporation other
than PIM, such person, firm, or corporation shall at all times maintain workers'
compensation insurance coverage for all employees which it employs within the
areas and facilities covered by this Agreement, together with the policy or
policies of public liability and products liability insurance and provides limits of at
least One Million ($1,000,000.00) Dollars for combined single limit coverage;
provide liquor liability insurance with limits of at least One Million ($1,000,000.00)
Dollars and provide fire legal liability in the amount of Five Hundred Thousand
($500,000.00) Dollars. Such policies shall provide that they will not be cancelled
or amended without at least ten (10) days written notice to the Risk Manager of
CITY and shall name CITY, its officers, agents and employees as additional
insured.
15. ACCEPTANCE OF TOURNAMENT SITE.
(a) Prior to the Event, PIM may inspect and examine the Site to determine
that said Site is in adequate and satisfactory condition for the uses contemplated. PIM
assumes full responsibility and liability for all damages, losses and liability caused by
conditions on the Site, which arise once it commences use and occupancy of the Site,
and which conditions are caused by or result from the actions of or failure to act by PIM,
its employees, agents or representatives, or by the actions of or failure to act by
exhibitors, independent contractors, workers or invitees of PIM while on the Site. PIM
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indemnifies, defends and holds CITY, and its designee, harmless for any such claims
unless such damage, loss or liability was caused by conditions on the Site which are
inherent in the structures involved, or the direct result of CITY'S (including its
employees and agents), negligence or misconduct.
(b) CITY, and its designee, shall not be responsible for any damage or injury
to, or personal conduct, safety and welfare of PIM, its employees, agents or
representatives, or exhibitors, independent contractors, workers, and invitees while on
the premises and PIM expressly indemnifies, holds harmless and releases CITY from
any and all such claims, damages, losses or liability associated therewith, unless such
claim, damage, or liability is the result of CITY'S (including employees and agents)
negligence or misconduct.
16. REPAIR, REPLACEMENT AND MAINTENANCE.
PIM shall pay all costs for cleanup, repair and replacement and all damages of
whatever origin or nature, for which it is responsible, ordinary wear and use thereof only
excepted, which may occur during the term of this Agreement in order to restore the
Site to a condition equal to the condition at the time PIM occupies the Site.
PIM shall be responsible for clean-up of the Site during and after the Event. If at
any time CITY determines that the clean-up services provided by PIM is not adequate
or that said services endanger public health and safety, CITY shall notify PIM in writing
and if PIM fails to clean up after receipt of written notification, CITY may provide these
services. PIM shall reimburse CITY for the costs of providing these services and for the
actual costs of any supplies.
17. ADVERTISING MATTER.
(a) PIM agrees, subject to its rights, if any, under any applicable License
Agreements, to identify the City of Delray Beach as the host site of the Events in all
publications, advertising and any electronic broadcast, and to permit CITY to use PIM'S
trademark or any trademark authorized to be used by PIM, and CITY agrees to permit
PIM to use the CITY'S name and logo and trademark during the term of this Agreement
solely in the connection with the Events. CITY agrees that promotional material created
by CITY with regard to the Event is subject to the approval of PIM. PIM agrees that any
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material submitted by CITY will not be unreasonably disapproved, and, if it is
disapproved, that CITY will be advised of the specific grounds of the disapproval.
(b) All printed material and advertising matter to be used prior to or at the
Event which include the name City of Delray Beach or its official seal shall be submitted
to the City Manager or his designee for his approval at least two (2) days prior to the
proposed use of the same. Approval shall not be unreasonably withheld by the City
Manager or his designee. CITY agrees that it shall always use the official name of the
Event as designated by PIM and no other name when making reference to the Event in
CITY'S promotional materials.
(c) PIM will secure, at a minimum, regional television coverage for the April
Event and PIM shall ensure that such television coverage of the April Event shall
specifically mention the CITY as the host in the opening of each and every broadcast.
If PIM fails to provide television coverage for the April Event, PIM shall pay $10,000.00
to the CITY, which shall be increased by the CPI increase (as described in Paragraph
4(8)) each year, within 30 days of the conclusion of the Event.
(d) CITY, or its designee, may temporarily cover advertisements, corporate
logos or trademarks that appear throughout the Site, at its sole expense, as mutually
agreed upon by the parties.
18. EVENT PERSONNEL AND EQUIPMENT.
PIM shall provide all personnel needed for the Events, except as otherwise set
forth in Paragraph 4(a) or elsewhere in this Agreement.
19. POLICE AND EMERGENCY PERSONNEL.
PIM agrees to make arrangements with the CITY Police Department and Fire
Department to provide for CITY police and emergency personnel if the CITY
determines, in its sole discretion, it is necessary for the Events. PIM shall pay all costs
for CITY police and emergency personnel within 30 days of the conclusion of the
Events.
20. CITY'S RIGHT TO CONTROL PREMISES.
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CITY at all times reserves the right to eject or cause to be ejected from the
premises any person or persons violating or to keep persons from violating any of the
rules or regulations of the Site or any city, county, state or federal laws, and neither
CITY nor of any its officers, agents or employees shall be liable in any manner to PIM
or its officers, agents or employees for any damages which may be sustained by PIM
through the exercise of this right by CITY.
21. VACATION OF THE SITE.
PIM agrees to vacate the Site no later than one (1) day after the completion of
the Events; to leave said Site in a condition equal to that at the commencement date
PIM occupies the Site each year, ordinary wear and use thereof only excepted, and that
PIM shall remove from the Site within one (1) day following the closing of the Event, all
material and equipment owned by PIM.
22. NON-DISCRIMINATION.
A. That PIM for itself, its personal representatives, successors in interest,
assigns, subcontractors, and sublicensees, as a part of the consideration hereof, does
hereby covenant and agree that:
1. No person on the ground of race, color, national origin, age, or sex
shall be excluded from participation in, denied the benefits of, or be
otherwise subjected to discrimination in the use of said facilities.
2. That in the construction of any improvements on, over, or under
such land and the furnishing of services thereon, no person on the
ground of race, color, national origin, age, or sex shall be excluded
from participation in, be denied the benefits of, or otherwise be
subject to discrimination.
3. That PIM shall use the premises in compliance with all other
requirements imposed or pursuant to Title 45, Code of Federal
Regulations, Article 80, Non-discrimination under programs
receiving Federal Assistance through the Department of Health,
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Education and Welfare - Effectuation of Title VI of the Civil Rights
Act of 1964, and as said Regulations may be amended.
B. That in the event of a proven breach of any of the above non-
discrimination covenants, the CITY shall have the right to terminate the license and to
take possession of said facilities and hold the same as if said license had never been
made or issued. This provision shall not be effective until the procedures of Title 45,
Code of Federal Regulations, Part 80, are followed and completed including exercise or
expiration of appeal rights.
C. PIM shall not discriminate against any employee or applicant for
employment to be employed in the performance of the contract with respect to hiring,
tenure, terms, conditions or privileges of employment, or any matter directly or indirectly
related to employment because of age, sex, physical handicap (except where based on
a bona fide occupational qualification); or because of marital status, race, color,
religion, national origin or ancestry.
23. CHANGE IN LAW.
During the term, the CITY reserves the right to restate and/or renegotiate with
PIM such additions, deletions or changes to the license as may be necessitated by
changes in county, state or federal laws relating to the operation of the Site. In the
event that the CITY and PIM are unable to reach a mutual agreement on any such
addition, deletion or change, that portion of the contract concerning the services
involved in the addition, deletion or change shall be terminated or eliminated.
24. CANCELLATION BY CITY.
The occurrence of any of the following may cause this Agreement to be
automatically terminated:
A. Institution of proceedings in voluntary bankruptcy by PIM.
B. Institution of proceedings in involuntary bankruptcy against PIM if such
proceedings lead to adjudication of bankruptcy and the PIM fails within ninety (90) days
to have such adjudication reversed.
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The CITY shall have the right, after fourteen (14) calendar days written notice
sent by registered or certified mail to PIM specifying the amount of payment(s) in
default, to terminate this Agreement whenever the non-payment of any sum or sums
due hereunder continues for a period of ten (10) calendar days after the due date for
such payments; provided, however, that such termination shall not be effective if PIM
makes the required payment(s) during the fourteen (14) calendar day period following
receipt of the written notice.
25. DEFAULT BY PIM.
The CITY may terminate this Agreement for cause upon PIM'S failure to perform
any of the terms and conditions of this Agreement and such failure in performance not
remedied by PIM within thirty (30) days after receiving notice in writing of such default
or in cases where remedial measures may take longer than thirty (30) days, satisfactory
remedial action must begin and be consistently undertaken within thirty (30) days after
receiving notice in writing stating the nature of the failure of performance and the
CITY'S intention to terminate if not corrected and which remedial measures must be
completed within a reasonable time set forth in the notice from the CITY.
26. DEFAULT BY CITY.
PIM may terminate this Agreement for cause upon CITY'S failure to perform any
of the terms and conditions of this Agreement if such failure in performance was not
remedied by CITY within thirty (30) days after receiving notice in writing of such default,
or in cases where remedial measures may take longer than thirty (30) days, satisfactory
remedial action must begin and be consistently undertaken within thirty (30) days after
receiving notice in writing stating the nature of the failure of performance and PIM'S
intention to terminate if not corrected and which remedial measures must be completed
within a reasonable time set forth in the notice from PIM.
27. FAILURE TO HOLD ONE OR MORE OF THE EVENTS.
If PIM fails to hold one or more of the Events as scheduled, and a makeup date
is not scheduled within a time period agreed to by the CITY, the CITY has the right to
deduct, from the next year's payment a percentage of the monthly payment as follows:
Failure to hold the April Event - 50% deduction
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Failure to hold the September Event - 35% deduction
Failure to hold the October Event - 15% deduction
The deductions shall be applied in equal installments monthly until extinguished.
This paragraph is in addition to the rights that the CITY has under Paragraph 25 and
this Paragraph does not affect the CITY'S ability to exercise its rights under Paragraph
25, if it so chooses. Notwithstanding the language provided in the first part of this
paragraph, if PIM fails to hold 2 events in any 2 year time period, which is not a result of
an action that is covered under Paragraph 9 or a default by the CITY, the CITY may, in
its sole discretion, terminate this Agreement and PIM shall be responsible for a return of
any payments made to PIM that are still outstanding as of the date of termination (such
as the payment of funds due to the CITY for the failure to hold prior events).
28. NOTICES.
Any notices submitted or required by this Agreement shall be sent by registered
or certified mail and addressed to the parties as follows:
To the City: David Harden, City Manager
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
ToPIM:
Player's International Management, Inc.
30 N.W. 1st Avenue
Delray Beach, FL 33444
or to such other addresses as either party may designate in writing.
29. INTERPRETATION.
This Agreement constitutes the entire Agreement between the parties with
respect to subject matter hereof and supersedes all prior verbal or written agreements
between the parties with respect thereto. This Agreement may be amended only by
written document, properly authorized, executed and delivered by both parties hereto.
This Agreement shall be interpreted as a whole unit and section headings are for
convenience only. All interpretations shall be governed by laws of the State of Florida.
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Waiver of any breach shall not constitute waiver of any other breach. Invalidation of
any portion of this Agreement shall not automatically invalidate the entire Agreement.
30. INDEMNIFICATION.
(a) To the fullest extent permitted by laws and regulations, PIM agrees to
indemnify, defend, save and hold CITY, its officers, agents, employees and assigns and
Dubin & Associates, Inc., harmless from any and all claims, damages, liabilities, losses,
causes of action, liens or judgments of any kind or nature whatsoever which may arise
out of, in connection with, or because of the use, maintenance, or operation of the
licensed facilities, including but not limited, to the exterior facilities and grounds, parking
areas, pedestrian walkways, vehicular paths and grassy areas, by PIM or its officers,
agents, employees, or independent contractors, and invitees including but not limited to
those resulting from or arising out of (a) by any act done or words spoken by PIM, its
players, agents or employees; (b) any damage done to the premises or any part thereof
caused by the act or omission of either PIM or any player, agent or employee of PIM:
(c) the breach by PIM of any term of this Agreement; or (d) any breach or alleged
breach of any warranty or obligation undertaken by PIM in this Agreement. PIM shall
pay all claims, losses, liens, settlements or judgments of any nature whatsoever in
connection therewith, including but not limited to reasonable attorney's fees and costs
to defend all claims or suits, in the name of CITY when applicable.
(b) PIM agrees to defend all actions to which this Paragraph 29 applies, in the
name of CITY provided, however, that CITY reserves the right to select its own legal
counsel to conduct any defense in any such proceeding which selection shall be
reasonable under the circumstances. All costs and fees associated therewith shall be
the responsibility of PIM under this indemnification agreement.
(c) Such indemnification shall be limited to the amount of commercial general
liability insurance which PIM is required to obtain under this License Agreement.
(d) Nothing contained herein is intended nor shall be construed to waive
CITY'S rights and immunities under the common law or Section 768.28, Florida
Statutes, as amended from time to time. The provisions of this Paragraph 30 shall
survive the execution, delivery and performance of this Agreement.
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31. PERSONAL PROPERTY.
CITY assumes no responsibility whatsoever for any property placed on the Site
by PIM, its agents, employees, representatives, independent contractors or invitees.
CITY is hereby expressly released and discharged from any and all liabilities for any
loss, injury or damage to such property that may be sustained by reason of the use and
occupancy of the Site under this Agreement, unless such damage, loss or liability is
caused by CITY'S (including employees and agents) negligent, reckless or intentional
act(s). If any claim or cause of action is brought against the CITY relating to personal
property as contemplated by this paragraph, and where such claim or cause of action is
not founded on the negligent, reckless or intentional action of the CITY (including
employees and agents), then PIM shall defend any such action in the name of CITY
provided, however, that CITY reserves the right to select its own legal counsel to
conduct any defense in any such proceeding which selection shall be reasonable under
the circumstances. All costs and fees associated therewith shall be the responsibility of
PIM under this agreement.
32. INDEPENDENT CONTRACTOR STATUS.
PIM and its employees, volunteers and agents shall be and remain independent
contractors and not agents or employees of CITY with respect to all of the acts and
services performed by and under the terms of this Agreement or for any other reason
whatsoever. This Agreement shall not in any way be construed to create a partnership,
association or any other kind of joint undertaking or venture between the parties hereto.
33. WARRANTY.
Except as otherwise provided for herein, the CITY and PIM represent that they
have, to the best of their knowledge and belief, all rights and authority necessary to
fulfill the obligations hereunder without breaching the terms of any other agreement to
which either PIM or CITY is a party.
34. ASSIGNMENT.
This Agreement shall bind and inure to the benefit of PIM and the successors
and assigns of PIM. The rights granted PIM hereunder shall be exclusive to it and shall
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not, without the prior written consent of CITY, be transferred or assigned to any other.
The CITY may, in its sole and absolute discretion and for any reason or no reason,
deny any request by PIM to assign this Agreement.
35. RESERVATION OF RIGHTS.
All rights not herein specifically granted to PIM with respect to the Event shall be
and remain the property of CITY.
36. ENTIRE AGREEMENT.
This Agreement constitutes the entire Agreement between CITY and PIM in
respect to the subject matter of this Agreement and supersedes all prior agreements.
This Agreement between the parties dated November 26, 2002, and any amendments
thereto, shall be null and void as of the effective date of this Agreement.
37. EXECUTION AND DELIVERY REQUIRED.
This instrument shall not be considered to be an agreement or contract, nor shall
it create any obligation, whatsoever, on the part of PIM or CITY, or either of them,
unless and until it has been signed by representatives of PIM and CITY and delivery
has been made of a fully-signed original.
38. THIRD PARTIES.
Nothing in this Agreement, whether express or implied, is intended to confer any
rights or remedies under or by reason of this Agreement upon any person other than
the parties hereto and their respective heirs, successors, legal representatives, and
permitted assigns, nor is anything in this Agreement intended to relieve or discharge the
obligation or liability of any third persons to any party to this Agreement, nor shall any
provision thereof give any third person any right of subrogation or action over or against
any party to this Agreement.
39. VENUE.
The laws of the State of Florida shall govern and venue shall be in Palm Beach
County, Florida.
40. OTHER AGREEMENTS.
16
PIM is aware that the CITY may, during the term of this Agreement, enter into
other Agreements regarding sponsorships and/or advertising that may involve the
stadium, tennis center or any products that mayor may not be sold on Site. PIM
agrees to abide by the terms of the those agreements as they relate to the
sponsorships, advertising, marketing, etc. of the tennis stadium, tennis center and any
products or other items that mayor may not be sold, purchased or distributed at the
Site. PIM agrees to abide by the terms of the CITY'S current contract with Coca Cola.
41. APPROVALS.
All approvals to be given by a party under this Agreement shall not be
unreasonably withheld or delayed.
IN WITNESS WHEREOF, the parties have caused this agreement and one
counterpart, both of which shall constitute originals, to be executed by its proper officers
hereto duly authorized on the year and date first above written.
ATTEST:
CITY OF DELRA Y BEACH, FLORIDA
By:
City Clerk
Jeff Perlman, Mayor
Approved as to Form:
City Attorney
WITNESS:
PLAYERS INTERNATIONAL,
MANAGEMENT, INC.
By:
Name
Printed:
(print or type name)
Title:
SEAL
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this
, 200_ by
PLAYERS INTERNATIONAL MANAGEMENT, INC., a
day of
of
corporation,
17
on behalf of the corporation. He/She is personally known to me/or has produced
(as identification).
Signature of Notary Public
18
EXHIBIT "A"
Hosting three UST A junior tennis toumaments in the City of Delray Beach provides an
opportunity to drive economic impact and a national marketing campaign to thousands of
tennis players and families across the country while insuring the growth of tennis in the City by
developing a youthful fan base that will support the City's A TP tournament for many years
to come.
The City of Delray Beach and Players Intemational Management, Inc. (PIM) would enter into
an agreement in which PIM will cause to happen the following three USTA sanctioned
events:
USTA BOYS & GIRLS 12'S NATIONAL SPRING CHAMPIONSHIPS hosted by City of Delray
Beach
April 8 -14,2007
- $800,000-plus annual economic impact to the area
- Televised state-wide and nationally in over 23 million homes
- Highest level amateur tennis event in the country in the 12 & under division
- 256 players from across the country in the 12 & under division, plus coaches and families
(approx. 1,000 people)
- 50-plus year history
- Past participants include Roddick, Agassi, Sampras, Davenport and Capriati just to
name a few - Currently in the month of April (date may vary from year to year)
USTA SUMMER SMASH REGIONAL TENNIS CHAMPIONSHIPS
September 1- 4, 2007
- $550,000-plus annual economic impact to the area
- Newly formed UST A event to debut across the country in 2007
- 512 players from the southeast US, plus coaches and families (approx.
1 ,500 people) - Competition in boys and girls 12s, 14s, 16s and 18s
divisions
- 2nd largest number of participants of any UST A tournament in the US
- Currently in the month of September (date may vary from year to year)
HALLOWEEN SUPER SERIES TENNIS TOURNAMENT
October 14 -16,2006
- Annual economic impact to the area
- 192 players from southeast Florida and intemational students training locally, plus coaches
and families (approx. 500 people)
- Competition in boys and girls 10s, 12s and 14s age divisions
- Currently in the month of October (date may vary from year to year)
19
EXHIBIT B
INSURANCE REQUIREMENTS OF THE CITY OF DELRA Y BEACH
FOR AGREEMENT WITH PLAYER'S INTERNATIONAL MANAGEMENT, INC.
PIM shall not commence operations under the terms of this Agreement until certification
or proof of insurance, detailing terms and provisions of coverage, has been received
and approved by the City of Delray Beach Risk Manager. If you have any questions call
(561) 243-7150.
The following coverage and/or provisions shall be required:
Commercial General Liabilitv Insurance: Shall be written on the most current ISO
Occurrence Form, or equivalent, to cover legal liabilities arising from premises and
operations, independent Images, contractual (indemnification) agreement, products and
completed operations, liquor liability, personal injury and XCU exposures as required by
the work to be performed under this Contract, unless waived by the City. The combined
bodily injury and property damage limit shall not be less than $1,000,000 per
occurrence with an annual aggregate of $2,000,000.
Automobile Liability Insurance: Shall be maintained in accordance with the laws of the
State of Florida to cover the ownership, maintenance and/or use of all owned, non-
owned, or hired vehicles as required by the work to be performed under this Contract.
The combined bodily injury and property damage limit shall not be less than $500,000
per occurrence.
Workers' Compensation Insurance: Shall be provided and maintained in accordance
with Statutory Requirements of the State of Florida. Included shall be Employee's
Liability Insurance to protect against on-the-job injury or illness which may not fall within
the provisions of the Florida State's Workers' Compensation Law. The limits shall be
no less than $500,000 each accident, and an occupational disease limit of $500,000
per employee/$500,000 aggregate.
Additional Insured: The City of Delray Beach shall be included as an additional insured
by way of the most current ISO endorsement, or its equivalent, on PIM's liability
insurance policies required under this contract.
Leqal Defense: PIM will provide to the City any legal defense, and will pay all related
expenses, as required by this Contract for legal actions, actual and alleged, brought
against PIM and/or the City for activities related to his Contract. This City will not be
prohibited from using its own independent legal counsel, independent of legal actions
taken by PIM, and will be entitled to all documents and information as developed by
PIM, its insurer(s) and their legal council(s). The City will not be obligated to pay any
premium or contribution for such services and/or claim settlements.
20
Claims-Made Policies: If any liability insurance is issued on a claims-made form, PIM
agrees to maintain uninterrupted coverage for a minimum of one (1) year following
conclusion of the Agreement either through the purchase of an extended reporting
provision, or through the purchase of successive renewals with a retroactive date not
later than the beginning of performance of work under the Contract.
,
Subcontractor Provision: PIM will assure that all subcontracted work essentially
requires the subcontractor(s) to adhere to the same insurance, safety and indemnity
provision as in this Contract, or otherwise PIM will assume the legal liabilities of such
subcontractor(s) as provided for elsewhere in this Contract.
Evidence of Insurance: Prior to the commencement of the use of the Site by PIM or a
subcontractor, the City must receive and approve Certificates of Insurance evidencing
the insurance coverages and requirements as required by this Contract. Certified
copies of the policies will be provided if requested by the City. Renewal Certificates
shall be provided to the City at least ten (10) days prior to the expiration of any policy.
Cancellation/Chanaes/Renewal: At least thirty (30) days written notice must be given to
the City of any cancellation, intent to non-renew, or material reduction or change in
insurance coverages.
Primarv Policies: PIM's insurance will be primary to the City' insurances or self-
insurance programs.
Waiver of Subroaation: PIM and it's insurer(s) waives all rights of subrogation against
the City, its employees, officers, directors and agents for the recovery of damages to
the extent such damages are covered under any of the City's general liability,
automobile liability, excess liability or property insurance and self-insurance programs.
Insurance Ratinas: All insurers of Image shall be authorized to do business in Florida,
and shall have an A.M. Best rating of A-Nil, or equivalent.
Deductibles and Self-Insured Retentions: PIM is responsible for all deductibles and
self-insured retentions. In the event of loss which would have been covered but for the
deductible or self-insured retention, the City may withhold from payment to PIM an
amount equal to the deductible or self-insured retention should the full loss recovery not
be obtained under PIM'S insurance as a result.
Mail to: City of Delray Beach, Attn. Risk Manager, 100 N.W. 1st Avenue, Delray Beach,
Florida 33444.
21
FROM:
DAVID T. HARD NI. CITY MANA~ER
~ IN, AI , DllcT~'OF PLANNING AND ZONING
MARK MCDONNELL, AICP, ASSISTANT PLANNING DIRECTOR
MEETING OF OCTOBER 3, 2006
PRIVATELY INITIATED AMENDMENT TO LAND DEVELOPMENT
REGULATION (LDR) SECTION 4.4.13 (F)(3) TABLE 4.4.13-2 TO EXEMPT
SINGLE USE, THREE-STORY TOWNHOUSES FROM THE BUILDING
SETBACK REQUIREMENT FOR HEIGHTS BETWEEN 25 AND 48 FEET;
SECTION 4.4.13(F)(3), TABLE 4.4.13-2, FOOTNOTE 4, AND LDR SECTION
4.4.13(H)(6) TO PROVIDE AN ALTERNATIVE TO THE REQUIREMENT THAT
BUILDINGS BE DESIGNED WITH NON-RESIDENTIAL USES ON THE FIRST
FLOOR ALONG THE WEST SIDE OF PINEAPPLE GROVE WAY BETWEEN
NE 3RD AND NE 4TH STREETS.
TO:
THRU:
SUBJECT:
The amendment relates to setbacks, and also to use provisions for CBD-zoned property along
the west side of Pineapple Grove Way/NE 2nd Avenue between NE 3rd and NE 4th Streets.
Current regulations require structures with residential uses along Pineapple Grove Way to have
non-residential uses on the ground floor. This amendment, specific to single use townhouse
developments, would eliminate this requirement along the west side of Pineapple Grove Way
between 3rd and 4th Streets. The amendment would also eliminate the requirement for an
additional 17 to 29-foot setback (maximum of 70% of the building frontage, and remaining
building length, respectively) for the third floor to a height of 36 feet, thereby allowing it to be at
the same 5 to 10 foot front setback applied to the 15t and 2nd floors. This setback provision
would allow the construction of three story town homes without the significant reduction to the
third floor square footage.
At the City Commission meeting of September 5, 2006, the ordinance passed on first reading by
a vote of 3-0. On September 18 (the day before second reading of the ordinance was
scheduled), the Mayor and staff met with the applicant. A compromise was reached to eliminate
the northeastern and modify the southeastern townhouse units within the overall development.
In place of the northeastern townhouse unit, an agreement was made to design an open space
area to be incorporated into a future gateway feature (i.e., open space, benches, etc.). The
southeastern townhouse unit would be retrofitted to accommodate community facilities/art
studio facilities and would be conveyed to the City.
At the City Commission meeting of September 19, 2006, this revised ordinance was considered
at first reading and approved by a vote of 4-0. Second reading of the modified ordinance is now
before you.
\\).~
City Commission October 3, 2006
LOR text amendment: Pineapple Grove Way-Non residential ground floor; setbacks for upper floor
townhomes
Page 2
At its meeting of August 21, 2006, the Planning and Zoning Board held a public hearing in
conjunction with the text amendment. The Board discussed the amendments at length, including
recommendations by staff that the amendments be supported subject to provisions that included an
increased front building setback, a minimum building to building separation requirement, and a
maximum permitted building length, similar to townhouse regulations outside the CBD zone district.
The Board voted 4-1 (Zacks voted no; Gary Eliopoulos recused himself; Johnny Kincaide was
absent) without conditions to recommend approval of the text amendment request to eliminate the
non-residential ground floor requirement and to eliminate the additional setback of 17 to 29 feet
above a height of 25 feet for three-story townhouse units, 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).
By motion, move to approve on second reading the amendment to Land Development Regulations
Section 4.4.13(F)(3) Table 4.4.13-2, Table 4.4.13-2 Footnote 4, and Section 4.9.13(H)(6) 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
· Planning & Zoning Staff Report of August 21,2006
ORDINANCE NO. 47-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES BY AMENDING SECTION 4.4. 13(F)(3),
"BUILDING FRONTAGE AND FRONT SETBACKS", IN ORDER
TO ADJUST SETBACKS AND SECTION 4.4. 13 (H), "SPECIAL
REGULATIONS", PROVIDING AN ALTERNATIVE TO THE
NONRESIDENTIAL REQUIREMENTS FOR FIRST FLOORS
BETWEEN NE 3RD STREET AND NE 4TH STREET ON THE WEST
SIDE OF NE 2ND AVENUE, UPON THE PROVIDING OF
CERTAIN COMMUNITY FACILITY SPACE AND OPEN SPACE;
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the Pineapple Grove Area has been developed with the goal to attract artists and the
creative classes to the City of Delray Beach as a whole and to the Pineapple Grove area in particular; and
WHEREAS, non-residential requirements on the first floor are deemed not necessary for the area
west of N.E. 2nd Avenue between N.E. 3rd Street and N.E. 4th Avenue, if certain open space and
community space is provided to attract art, artists and pedestrians to the area; and
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the
proposed text amendment at a public hearing held on August 21, 2006 and voted 4 to 1 to recommend that
the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as
the Local Planning Agency, has determined that the change is consistent with and furthers the goals,
objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning
and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent
with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That Section 4.4. 13(F)(3), "Building Frontage and Front Setbacks", of the Land
Development Regulations of the Code of Ordinances of the City of De1ray Beach, Florida, be and the
same is hereby amended to read as follows:
(3) Buildina Frontaae and Front Setbacks:
(a) The building frontage for an interior lot is the portion of the lot abutting the
primary street minus the required side setbacks.
(b) The building frontage for the primary street side of a corner lot is the portion of
the lot abutting the primary street minus the required side setbacks.
(c) The building frontage for the secondary street side of a corner lot is the portion
of the lot abutting the secondary street minus the required front and rear
setbacks.
ROW.
s:
o
~
s:
o
~
ROW.
Figure 4.4.13-5 - Building Frontage
ROW.
(d) Building frontage is expressed in percentages and may vary from floor to floor.
(e) Frontage and setbacks shall be taken from the property line, or if a dedication is
required, from the resulting property line after dedication.
2
ORD. NO. 47-06
(f) Building frontage and setbacks for properties fronting on Atlantic Avenue or A-1-
A shall comply with Table 4.4.13-1.
(g) The front setback area for buildings fronting on Atlantic Avenue shall be paved
with paving materials to match the existing sidewalks within the Atlantic Avenue
right-of-way.
(h) For corner lots with Atlantic Avenue side street frontage, the first sixty feet (60')
of the building, taken from the Atlantic Avenue property line, or if a dedication is
required, from the resulting property line after dedication shall comply with Table
4.4.13-1.
(i) Building frontage and setbacks for properties fronting on streets other than
Atlantic Avenue or A-1-A shall comply with Table 4.4.13-2.
Sub Areas
West Atlantic 70%/90% 0' 70%/90% 5' mini
Neighborhood Finished grade 10'max
(WAN) and to 37' Remaining length 24' min Remaining length 17' mini
Beach Area 22' max
(BA)(4) 50% max 12' 50% max 17' min
37' to 48' Remaining length 24' min Remaining length 29' min
70%/90% 5' min or
Finished grade 10' max
to 25' Remaining length 17' min or
22' max
Central Core NIA 70% max 17' min
(CC)(4) 25' to 37' Remaining length 29' min
50% max 29' min
37' to 48' Remainin len th 41' min
48' and above 100% max 41' min
Notes to above Table are located after Table 4.4.13-2.
3
ORD. NO. 47-06
5' minI
Finished grade to 25' 70%/90% 10' max
17'minl
Remainin len th 22' max
Other Right-
of-ways 25' to 48' 50% max 17' min
Remainin len th 29' min
48' and above 100% 41' min
5' minI
Finished grade to 25' 70%/90% 10' max
Pineapple 17'minl
Grove Way (4) Remainin len th 22' max
25' to 37' ill1 70% max 17' min
Remainin len th 29' min
37' to 48' ill1 50% max 29' min
Remainin len th 41' min
48' and above 100% 41' min
70%/80% (3) 15' min(3}
Finished grade to 25' 70%/80%(4} 10' min<4}
27' min(3}
Remainin len th 22' min(4}
NE and SE
5th and NE
and SE 6th 15' min<3}
Avenues 25' to 37' 70% max 10' min(4}
Remainin len th 27' min
37' and above 50% max 34' min
Remainin len th 39' min
5' minI
Finished grade to 25' 70%/90% 10' max
NW and SW
5th 17'minl
Avenues(4) Remainin len th 22' max
25' to 37' 70% max 17' min
Remainin len th 29' min
37' to 48' 50% max 29' min
Remainin len th 41' min
Notes to Tables 4.4.13-1 and 4.4.13-2:
4
ORD. NO. 47-06
(1) Lots of record with a width less than fifty feet (50') shall be exempted from the building
frontage requirements provided a minimum five (5) to maximum ten foot (10') setback be
provided for the portion of the building from finished grade to twenty-five (25') in height and a
minimum seventeen foot (17') setback is provided above a height of twenty-five feet (25').
(2) The applicable development regulations for arcades. Arcades shall have a minimum width of
twelve feet (12'), inclusive of columns or pilasters up to a maximum width of two feet (2').
(3) Residential occupancy of the ground floor and primary entrances shall be oriented towards NE
and SE 5th or NE and SE 6th Avenues.
(4) Mixed-uselNon-residential occupancy on the ground floor except that area between NE 3rd
Street and NE 4th Street on the west side ofNE 2nd Avenue (alk/a Pineapple Grove Way) which
shall be governed by Section 4.4. 13(H)( 6).
(5) The same development standards that apply to the front property line shall apply to the first
sixty feet (60') of the building facing the side street property line.
(6) Building frontage requirements for parking garages may be increased to a maximum 100% for
all floors by the Site Plan Review and Appearance Board or the Historic Preservation Board
subject to compliance with Section 4.6.18(B)(14)(vi)(4), Parking Garages.
(7) The building setback requirements for portions of parking garages above twenty-five feet (25')
may be waived by the Site Plan Review and Appearance Board or the Historic Preservation
Board subject to compliance with Section 4.6. 18(B)(14)(vi)(4), Parking Garages, and a
minimum five (5) to maximum ten foot (10') setback for the portion of the building from
finished grade to twenty-five feet (25') in height.
(8) For sites with multiple buildings, the building immediately abutting the roadway(s) shall
comply with the building frontage and setbacks in Table 4.4.13-1 and 4.4.13-2.
(9) Building floors shall be setback in increments of twelve feet (12') to create a vertical stepped
back appearance.
(10) Building and site design shall incorporate Crime Prevention Through Environmental Design
(CPTED) standards to the greatest extent possible
(11) Each story shall not exceed 12' for three-story townhomes located in the area bounded by NE
3rd Street (to the south), NE 4th Street (to the north), NE 2nd Avenue (alk/a Pineapple Grove
5
ORD. NO. 47-06
Way) (to the east) and NE 1 st Avenue (to the west) and the setbacks as noted from 'Finished
grade to 25 feet' shall apply to the overall height of the building.
Section 3. That Section 4.4.13(H), "Special Regulations", of the Land Development
Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is
hereby amended to read as follows:
(H) Special Regulations:
(1) The sale of second hand material, other than verifiable antiques, shall not be allowed
within businesses nor on properties which have an entry from and/or windows along and/or frontage on
Atlantic Avenue or N.E. 2nd Avenue (alk/a Pineapple Grove Way) between East Atlantic Avenue and
N.E. 4th Street.
(2) The sale of automotive parts, firearms, and lawn care equipment, shall not be allowed
within the West Atlantic Neighborhood nor within businesses or on properties which have an entry from
and/or windows along and/or frontage on East Atlantic Avenue or N.E. 2nd Avenue (alk/a Pineapple
Grove Way) between East Atlantic Avenue and N.E. 4th Street.
(3) The picking-up, dropping-off, or otherwise transporting workers, assigned through an
employment agency, from an assembly point in the CBD to the work site is prohibited, except within the
West Atlantic Avenue Neighborhood area provided the structure involved does not have an entrance from
and/or windows facing West Atlantic Avenue.
(4) Within the West Atlantic Neighborhood, all permitted uses with drive-through facilities
shall require conditional use approval.
(5) Minimum floor area for multi-family residential dwelling units shall be as established for
the Medium Density Residential (RM) zoning district in Section 4.3.4(K).
(6) Multi-family dwelling units may be located in structures that are comprised of residential
units only or in mixed-use buildings that contain a combination of residential and non-residential uses.
However, where residential uses are located in structures having frontage on Atlantic Avenue, NW/SW 5th
Avenue or N.E. 2nd Avenue (alk/a Pineapple Grove Way), there must be non-residential uses fronting the
Avenue on the ground floor. In lieu of providing non-residential uses fronting the west side ofN.E. 2nd
Avenue between N.E. 3rd Street and N.E. 4th Street (hereinafter referred to as the exception area), the
developer may elect to provide a building and property fronting on N.E. 2nd Avenue at the intersection of
N.E. 3rd Street and N.E. 2nd Avenue which shall be conveyed to the City for Community Facility purposes
and dedicate an area for Open Space in the northeast comer at the intersection of N.E. 2nd Avenue and
6
ORD. NO. 47-06
N.R 4th Street. The purpose of the alternative is to encourage pedestrian travel. promotion of the Arts.
the provision of needed Open Space. encouraging public art and to provide space for an entry way feature.
all of which is in keeping with the vision for Pineapple Grove. If the developer chooses the alternative in
the exception area instead of providing non-residential uses. he must submit a developer's agreement
containing terms acceptable to the City at the time of application of a building permit.
(7) The rental of sporting goods and equipment shall be limited to no more than one business
renting a specific category of item (i.e. bicycles, skates, etc.) every 300 feet measured in a straight line
from door to door, and any outdoor displays are subject to the restrictions set forth in Section 4.6.6(C)(3).
(8) 24-Hours or late night businesses as defined herein must be processed as a
conditional use and are subject to the provisions of Section 4.3.3(VV)
Section 4. That should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision
shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared
to be invalid.
Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are
hereby repealed.
Section 6. That this ordinance shall become effective immediately upon its passage on second
and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the _ day of
,2006.
ATTEST
MAYOR
City Clerk
First Reading
Second Reading
7
ORD. NO. 47-06
MEETING DATE:
AUGUST 21, 2006
V.C.
AGENDA NO.:
AGENDA ITEM:
PRIVATELY INITIATED AMENDMENT TO LAND DEVELOPMENT
REGULATION (LDR) SECTION 4.4.13 (F}(3) TABLE 4.4.13-2 TO
EXEMPT SINGLE USE, THREE-STORY TOWNHOUSES FROM THE
BUILDING SETBACK REQUIREMENT FOR HEIGHTS BETWEEN 25
AND 48 FEET; SECTION 4.4.13(F}(3}, TABLE 4.4.13-2, FOOTNOTE 4,
AND LDR SECTION 4.9.13(H}(6} TO ELIMINATE THE REQUIREMENT
THAT MIXED USE BUILDINGS BE DESIGNED WITH NON-
RESIDENTIAL OCCUPANCY ON THE FIRST FLOOR ALONG THE
WEST SIDE OF PINEAPPLE GROVE WAY BETWEEN NE 3RD AND NE
4TH STREETS.
The item before the Board is that of making a recommendation to the City Commission
regarding a privately initiated text amendment to LOR Sections 4.4.13(F) and (H) as detailed in
the above caption. The amendment is necessary for the current design of a residential project
recently submitted for City review.
Pursuant to Section 1.1.6(A), an amendment to the Land Development Regulations may not be
made until a recommendation is obtained from the Planning and Zoning Board.
The proposed amendment is specific to an identified geographic location within the City. Those
familiar with Delray Beach know the site as the former Publix and Post office (Block 73 formed
between NE 2nd and NE 1st Avenues, and between NE 3rd and NE 4th Streets).
The LDRs currently require buildings along Pineapple Grove Way (NE 2nd Avenue) to have non-
residential uses located on the ground floor. In addition, the design guidelines allow two stories
with front setbacks between 5' and 10' along NE 2nd Avenue and then require the 3rd floor to be
further setback between 17' and 29'. The applicant is proposing a three story townhouse
development without a non-residential component and without additional setbacks for the third
floor. The applicant is proposing the two amendments to accommodate this project.
Pursuant to LOR Section 2.4.5(M)(1), amendments to the Land Development Regulations may
be initiated by the City Commission, Planning and Zoning Board or City Administration; or an
individual may request an amendment. The proposed amendment is a privately initiated text
amendment to the Land Development Regulations.
The following is an excerpt from a justification narrative submitted by the applicant:
. . . we are requesting that the following modification be applied to the setback regulations as set
forth in the CBD design guidelines Section 4.4. 13(F)(3) table 4.4.13-2 along Pineapple Grove
Planning and Zoning Board Staff Report, August 21, 2006
LOR Text Amendment - Setbacks and Uses along Pineapple Grove Way/Cannery Row
Way to exempt "single use-three story townhouses" from the building frontage requirements
from 25'-0" to 48'-0"...
...a 17'-0" to 29'-0" setback on the third floor of a 3-story fee-simple townhouse structure is not
practical due to the size of a typical unit. A typical three story townhouse ranges in width from
20'-0" to 35'-0" and the depth ranges from 38'-0" to 45'-0': When the project is completed, the
proposed fee simple townhouses will have lot widths of approximately 22'-0" which is much less
than 50'-0" as stated in the code. Although these are not existing lots, it is consistent with the
current design guideline requirement to exempt lots of record (which are less than 50 ft. wide)
from this requirement. In addition, the project has been designed to be 1/3 less dense (88 vs.
134 units) than allowed with the height of the units averaging approximately 35'-0" instead of the
allowable 48"-0" per the code...
.. .the LDRs and Pineapple Grove Design Guidelines shall be modified with respect to the
requirement of having to provide a commercial liner (non-residential use on ground floor) along
NE ~d Avenue as per Section 4.4. 13(H)(6). Thus, Section 4.4.13(H)(6) shall be revised to
exempt that portion of the project which will be located on the west side of NE ~d Avenue,
between NE :rd Street and NE 4th Street from having to provide non-residential uses along the
ground floor. ..
Analvsis
The proposed amendment will essentially change two regulations in the current LORs: setback
provisions and use provisions.
Setbacks
The current LORs require that as mixed use buildings in the CBO rise in height, certain
percentages of the upper floors must be set back specific distances from the street. This
regulation was adopted so that the perception of building mass along the street would be
reduced to result in greater compatibility with adjacent structures, and to promote a more
inviting pedestrian experience. The requirement for setbacks after two stores along Pineapple
Grove Way was discussed at length during the creation of the design guidelines. This
requirement related to maintaining appropriate relationships between street widths and adjacent
building heights. It is noted the design guidelines are divided into six district areas, two of which
allow three stories at the front setback before mandatory setbacks, and four of which require
setbacks after two stories. The three stories sections are located on wider rights-of-way (West
Atlantic Avenue and the Federal Highway pairs) and maintain a 3 to 1 (street width to building
height) ratio while the two story sections are located on narrower streets (local roads, Pineapple
Grove Way, NE/SE 5th Avenue, and the Central Core local streets) and maintain a 2 to 1 (street
width to building height) ratio. It is generally accepted that ratios less than 2 to 1 promote
perception issues relating to a feeling of canyonization. This request would approach a 1.3 to 1
ratio in areas where it would be allowed. While heights up to 35' are available in other
residential districts, on local roads, far greater front setbacks apply (i.e. 25') thereby maintaining
appropriate street width to building height ratios. This amendment creates some concerns in
this respect particularly given the reduced front setbacks of 5' to 10' maximum. On a positive
side, the amendment as proposed is limited to one side of one block of Pineapple Grove Way.
An additional concern is the adjacency of the OSSHAO historic district located to the west of the
subject block. This district has a maximum permitted height of 35' which would be impacted
with buildings 36' tall with no setbacks to the upper floors on the subject site. However, the
2
Planning and Zoning Board Staff Report, August 21, 2006
LDR Text Amendment - Setbacks and Uses along Pineapple Grove Way/Cannery Row
amendment as proposed would only apply to three story townhouses which could achieve a
maximum height of 36' with the addition of a sloping roof. All other development residential
(non townhouses) or non-residential would be subject to the existing mandatory upper floor
setbacks. The existing structures in OSSHAD are predominantly single-story, with some 1-1/2
to 2 stories with the objective to preserve these existing structures. Building setbacks increased
from the current 5' minimum and 10' maximum should be considered to compensate for the
massing by allowing for additional landscaping to buffer the buildings. Another suggestion is to
require breaks in the buildings by requiring maximum building lengths and minimum
separations. These will be considered during the site development review process.
Non-Residential Use on Ground Floor
The current LDRs require that structures with residential uses along Pineapple Grove Way have
non-residential uses on the ground floor. The applicant believes the elimination of this non-
residential use would result in a better transition between commercial uses south of NE 3rd
Street and residential uses north of NE 4th Street (Lake Ida Road).
The Neiqhborhood Plan for 'Main Street' in the Grove includes the following specific statements
regarding land uses along Pineapple Grove Way:
In the Neiqhborhood Improvement section of the Plan, it states Pineapple Grove Way is a
commercial corridor. The Plan proposes to emphasize the pedestrian use of the corridor and
calm the flow of traffic.
In the Zoninq-Proposed Modifications section of the Plan, it states Amend (H) Special
Regulations(4) to read: Multi-family dwelling units may be located in structures that are
comprised of residential units only or in mixed-use buildings that contain a combination of
residential and non-residential uses. However, where residential uses are located in structures
having frontage along Atlantic A venue or Pineapple Grove Way. there must be nonresidential
uses fronting the A venue or Pineapple Grove Way on the ground floor.
In the Residential Mixed-Use Development section of the Plan, it states that PGMS is an avid
proponent of mix-use, residential-above-commercial development in Downtown Delray Beach.
A number of opportunities are present in the Program Area for new infill development, adaptive
reuse projects, and additions to existing properties. Investors should be encouraged in every
practicable way to pursue these opportunities.
Analvsis
The Neiqhborhood Plan for 'Main Street' in the Grove included the recommendation to amend
the LDRs to require non-residential uses on the ground floor for structures that included
residential uses. The LDRs were amended in response to this recommendation. The proposed
amendment is inconsistent with this Plan recommendation.
Although inconsistent with the Plan, significant discussion was had with the Pineapple Grove
Main Street organization over the merits and benefits of a proposal to this reduced density and
intensity and the transitional benefits of multi-family development between commercial to the
south and single-family residential to the north. Given these benefits and the limited nature of
the amendment, the Board unanimously recommended approval of this amendment. While this
3
Planning and Zoning Board Staff Report, August 21, 2006
LDR Text Amendment - Setbacks and Uses along Pineapple Grove Way/Cannery Row
amendment does not assure construction of any specific project, a repeal of this amendment
remains possible if this project is not constructed.
LOR Section 2.4.5(M)(5) (Findinas): Pursuant to LOR Section 2.4.5(M)(5) (Findings), in
addition to LOR Section 1.1.6(A), the City Commission must make a finding that the text
amendment is consistent with and furthers the Goals, Objectives and Policies of the
Comprehensive Plan.
Comprehensive Plan Policies:
The goals, objectives and policies of the Comprehensive Plan were reviewed and there are no
applicable goals, objectives or policies noted. While the amendment does not specifically
further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with
them.
The Pineapple Grove Main Street committee on August 7, 2006 supported this amendment and
potential expansion to include the properties on the east side of Pineapple Grove Way to also
not be required to have retail on the ground floor north of 3rd Street. No retail would be required,
and the existing retail would be allowed to continue and would not be made non-conforming
The Community Redevelopment Agency reviewed and unanimously recommended approval of
the text amendments on August 10, 2006.
The Downtown Development Authority reviewed and unanimously recommended approval of
the text amendments on August 14, 2006.
Courtesy Notices:
Special courtesy notices were provided to the following homeowners and civic associations:
· Progressive Residents of Delray
(PROD)
· President's Council
· Chamber of Commerce
· Neighborhood Advisory Council
Letters of objection and support, if any, will be presented at the Planning and Zoning Board
meeting.
While the amendments present concerns to staff, it is reasonable to conclude that allowing a
stand alone townhouse development without non-residential uses on the ground floor may be
an appropriate transition from the active Pineapple Grove pedestrian activity areas to the
predominantly residential neighborhood located north of NE 4th Street/Lake Ida Road. The
elimination of the current set back provisions for upper floors presents concerns, and while no
flat objection is raised, it is recommended that a more comprehensive review of the Downtown
Design Guidelines be conducted throughout the CBD to ensure the amendment will be
appropriate not only on the subject block, but for other possible areas to consider such
amendments.
4
Planning and Zoning Board Staff Report, August 21,2006
LOR Text Amendment - Setbacks and Uses along Pineapple Grove Way/Cannery Row
A. Postpone with direction.
B. Move a recommendation of approval to the City Commission for the text amendment to
amend LOR Section 4.4.13(F)(3) Table 4.4.13-2 to exempt single use, three-story
townhouses from the building set back requirement for heights between 25 and 48 feet, to
amend LOR Section 4.4.13(F)(3), Table 4.4.13-2, footnote 4, and LOR Section 4.4.13(H)(6)
to eliminate the requirement that mixed use buildings be designed with non-residential
occupancy on the ground floor on the west side of Pineapple Grove Way between NE 3rd
Street and NE 4th Street, by adopting the findings of fact and law contained in the Staff
Report and finding that the request is consistent with the Comprehensive Plan and meets the
criteria set forth in LOR Section 2.4.5(M)(5).
C. Move a recommendation of denial to the City Commission for the text amendment to amend
LOR Section 4.4.13(F)(3) Table 4.4.13-2 to exempt single use, three-story townhouses from
the building set back requirement for heights between 25 and 48 feet, to amend LOR
Section 4.4.13(F)(3), Table 4.4.13-2, footnote 4, and LOR Section 4.4.13(H)(6) to eliminate
the requirement that mixed use buildings be designed with non-residential occupancy on the
ground floor along the west side of Pineapple Grove Way between NE 3rd Street and NE 4th
Street, based on a failure to make positive findings as the request is inconsistent with the
Comprehensive Plan and does not meet the criteria set forth in LOR Section 2.4.5(M)(5).
Move a recommendation of approval to the City Commission for the text amendment to amend
LOR Section 4.4.13(F)(3) Table 4.4.13-2 to exempt single use, three-story townhouses from the
building set back requirement for heights between 25 and 48 feet, to amend LOR Section
4.4.13(F)(3), Table 4.4.13-2, footnote 4, and LOR Section 4.4.13(H)(6) to eliminate the
requirement that mixed use buildings be designed with non-residential occupancy on the ground
floor on the west side of Pineapple Grove Way between NE 3rd Street and NE 4th Street, by
adopting the findings of fact and law contained in the Staff Report and finding that the request is
consistent with the Comprehensive Plan and meets the criteria set forth in LOR Section
2.4.5(M)(5).
Attachments:
. Proposed LDR amendment
. Applicant's Justification Statement
. Location map
5
SNAPPY TURTLE
1100 EAST ATLANTIC AVE.
DELRAY BEACH, FL 33483
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September 18,2006
Dear City Commissioners:
I writing this letter to express my concerns regarding the retail development
that is occurring at the corner of NE 2nd Avenue/Pineapple Grove Way and Lake
Ida (the old Publix/Post Office lot). With 18 years of experience as a successful
retailer in downtown Delray Beach, I know first-hand that retail is location,
location, location!!!
I own three stores in Delray; The Snappy Turtle, and Love Shack, both on
Atlantic Avenue, and a third store, Harvey's on First, which is located directly
behind Old School Square at the corner of 1st Avenue and 1st Street. The only
reason Harvey's on First enjoys any measurable foot traffic at all is entirely due
to word-of-mouth and/or existing clientele from the other stores.
As any successful retailer can attest, foot traffic is ESSENTIAL to any
successful business. Foot traffic on Atlantic Ave is 80% greater than that of our
store at 102 NE 1st Ave. It is my professional opinion as a business owner that
the location at NE 2nd and Lake Ida will not get the necessary foot traffic for
most retailers to succeed. Look at all the businesses that went out on Pineapple
Grove this past season alone.
If you have any questions please call me at 278-6166. Thank You for your
consideration.
Sincerely,
/\
~r~line Miller
Owner
Snappy Turtle/Love Shack/Harvey's on First
O/iJiltfhal dhruai~ 'kr IfeJl( lOll
KUPI AND ELIOPOULOS
ARCHITECTS, P.A.
TRANSMITTAL COVER SHEET
City Oetk's Office
COMPANY:
City ofDehay Beach
FROM:
Gary Eliopoulos
DATE:
10/3/2006
TO:
RE:
YOUR REFERENCE NUMBER:
Cannery Row
X URGENT 0 FOR REVIEW 0 PLEASE COMMENT 0 PLEASE REPLY
o PLEASE RECYCLE
NOTES/COMMENTS:
VIA HAND DELIVERY
Please find enclosed (4) copies of a letter from Caroline Miller, owner of the Snappy Turtle and
other retail businesses in Dehay Beach, regarding Public Hearing Item A, Ordinance 47-06
(proposed text amendment to the Land Devdopment Regulations) on tonight's agenda.
Please distribute a copy to each commissioner.
Should you have any questions don't hesitate to call our office
Thank you.
Gary Eliopoulos, AIA
KUPI & EIlOPOULOS ARCHITECIS, P.A.
DELIVERY SIGNATURE, ~
CD OlAv/J'K~
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205 GEORGE BUSH BOULEVARD DELRAY BEACH FLORIDA 33444
TELEPHONE 561-272-9595 FAX 561-272-9192 E-MAIL KVAOFFICE@AOL.COM
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SUBJECT: MEETING OF OCTOBER 3, 2006
EXTEND THE EXISTING SIX-MONTH BUILDING MORATORIUM ON
DEMOLITIONS AND DEVELOPMENT IN ALL OF THE CITY'S FIVE HISTORIC
DISTRICTS UP TO NINETY (90) DAYS.
The action requested of the City Commission is the consideration to extend the current six-
month moratorium on any new development proposals including demolitions except those
properties deemed unsafe, new construction over 2,000 square feet, and additions exceeding
fifty-percent (50%) of the existing total square footage for all five (5) of the City's historic
districts, for a period up to ninety (90) days.
Given recent concerns over the level and type of development affecting historic preservation
efforts within all five (5) of the City's historic districts, the City Commission, on April 18, 2006
implemented a six-month moratorium on any new development proposals including, but not
limited to, demolitions, new construction, and additions. Some development actions have
continued during the moratorium including demolitions of structures deemed unsafe by the
City's Chief Building Official, new construction of 2,000 square feet or less, and additions not
exceeding fifty-percent (50%) of the existing structures total square footage. Further, the
moratorium does not prevent the relocation of historic structures from other places, into any of
the districts nor apply to properties in any historic district zoned CF or CBD.
During the moratorium, Staff has worked with consultants (REG Architects and Urban Design
Studios) in conducting a series of meetings with the property owners of the Historic Districts.
Between June and August, there were a total of eight (8) public meetings: two for both
ass HAD and Del-Ida Park, two for both Nassau Park and Marina, two for West Settlers, and
two for all property owners, including those of the individually listed properties. The last public
meeting held on August 31, 2006 consisted of a final presentation done in PowerPoint
highlighting the consultants' findings and recommendations to clarify compatibility criteria for
new development. In addition to the public portion of the process, the consultant prepared a
revised set of Delray Beach Historic Preservation Design Guidelines, a supplementary guide to
the aforementioned guidelines, and proposed recommended amendments to the Land
Development Regulations.
Staff is currently in the process of drafting changes to the LDRs as recommended in the
consultants' final presentation, as well as reviewing the proposed guidelines revisions. To allow
for a thorough review of the aforementioned revisions and recommendations and implement
any LDR changes, a ninety-day extension is being requested. Any LDR amendments as well
as the revised guideline publication will require review by both the Historic Preservation Board
\\),~
City Commission Documentation, October 3,2006
gO-Day Moratorium Extension in Historic Districts
Page 2
(HPB) and Planning and Zoning Board (P&Z) prior to adoption by the City Commission. The
current moratorium is scheduled to be lifted on October 18, 2006. Staff will use the additional
ninety-days to make any necessary changes to the Delray Beach Historic Preservation Design
Guidelines and the Land Development Regulations. These changes will clarify the current
regulations, provide parameters, and define compatible development within the historic districts
as identified in the Comprehensive Plan.
Historic Preservation Board
The Historic Preservation Board reviewed the item at its September 20, 2006 meeting and
recommended approval as presented, by a vote of 5-1. The Board then suggested that the
moratorium should end upon adoption of all revised guidelines and LDRs should this occur
before the end of the ninety-day period.
Planning and Zoning Board
The Planning and Zoning Board reviewed the item at its September 18, 2006 meeting and
recommended denial by a 7-0 vote. They felt the six-month period was adequate time to hire a
consultant, conduct all the public meetings, create the design guidelines, and process all
proposed LOR amendments.
Recommend approval of the ninety-day extension to the moratorium ordinance.
Prepared by: Amy E. Alvarez, Historic Preservation Planner
Attachments:
· Existing Ordinance 14-06
· Proposed Ordinance
· Consultants Meeting Timeline
· Planning & Zoning Staff Report of September 18, 2006
ORDINANCE NO. 56-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, AMENDING ORDINANCE 14-06,
SECTION 3, "DURATION OF MORATORIUM/EXTENSION OF
MORATORIUM", BY AMENDING THE TEMPORARY BUILDING
MORATORIUM FOR DEMOLITION AND DEVELOPMENT IN
ANY OF THE CITY'S FIVE HISTORIC DISTRICTS FOR
PROPERTIES NOT ZONED COMMUNITY FACILITIES (CF) OR
CENTRAL BUSINESS DISTRICT (CBD) AND WHICH EXCEEDS
CERTAIN SQUARE FOOTAGES, TO EXTEND THE
MORATORIUM FOR A PERIOD NOT TO EXCEED NINETY (90)
DAYS FROM THE DATE OF ADOPTION OF THIS ORDINANCE;
PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission has determined that the City's historic districts need further
protection and wishes to extend the moratorium on any demolition and/or construction of new structures
(greater than 2000 sq. ft.) or additions, where the addition exceeds 50% of the square footage of the
existing structure; and
WHEREAS, the City needs a period of time in which City staff may work with the residents of
these districts in order to draft appropriate overlay guidelines to assure that future development respects
the surrounding neighborhood character in terms of architectural style, scale and massing; and
WHEREAS, this zoning ordinance is adopted pursuant to the City's Home Rille Powers as set
forth in Florida Statutes Chapter 166; and
WHEREAS, this ordinance is enacted in compliance with Florida Statutes Section 166.041(3)(c);
and,
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the
proposed text amendment at a public hearing held on September 18, 2006 and voted 7 to 0 to
recommend that the changes not be approved; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent
with the Comprehensive Plan; and
WHEREAS, this moratorium is rationally related to the City's attempt to preserve its historic
district communities and the City will undertake a comprehensive review of its Land Development
Regulations.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA:
Section 1. That Ordinance 14-06 of the Code of Ordinances of the City of Delray Beach,
Florida, Section 3 is hereby amended to read as follows:
Section 3.
DURi\TION EXTENSION OF MORATORIUM.
~ The temporary moratorium set forth in this ordinance shall take eff-ect immediately
upon the effective date of this ordinance and shall terminate six (6) months after the said effectiye
Gate became effective on April 18, 2006. The City will accept no application which are subject to
the moratorium Ufltil the moratorium has expired.
(b) The City Commission is hereby extending the temporary moratorium established in
Ordinance 14-06 by enactment of this ordinance amending; Ordinance 14-06 to provide for an
extension period not to exceed ninety (90) days from the effective date of this ordinance. The
City will accept no applications which are subject to the moratorium until the moratorium has
expired.
Section 2. That should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part
declared to be invalid.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 4. That this ordinance shall become effective immediately upon its passage on
second and final reading.
2
ORD. NO. 56-06
PASSED AND ADOPTED in regular session on second and final reading on this day of
,2006.
ATTEST:
MAYOR
CITY CLERK
First Reading
Second Reading
3
ORD. NO. 56-06
!LEG A~~1llL.ECTS,l,l~(;. __"
ARCHITECTURE * INTERIOR DESIGN * PLANNING
Ben took photos of Nassau, Marina and West Settlers districts
Finalize Fee Schedule; Ben will take photos of Del-Ida neighborhood
Site Visit (Jon and Colin)
Ben out of town
Site Visit (Rick and Wallis)
Determine existing site conditions; prepare format and outline of
PowerPoint
In house meeting at REG to draft PowerPoint
Ben will take photos of OSSHAD District
Meeting at REG 10:00 am; photos completed, basic info comes together
Prepare PowerPoint presentation
Dry-run meeting at REG to review PowerPoint - 4:00pm
Meeting at Delray 10:00 am -Dry Run/PowerPoint presentation
First Public Meeting with ailS districts 7:00-9:00pm
(Phase I complete-30%)
Public Meeting- West Settlers; 6:00 pm at local church
Public Meeting-Marina/Nassau; 6:00pm at Marriott
Public Meeting- Del Ida/OSSHAD; 6:00pm at Old School Square
In-House meeting at REG -10:00am
First draft of design proposal for second set of meetings
Meeting at Delray: 10:00 am
Public Meeting- West Settlers; 6:00 pm at local church
Public Meeting-Marina/Nassau; 6:00pm at Marriott
Public Meeting- Del/Ida OSSHAD; 6:00pm at Old School Square
(Phase II complete-60%)
August 1-4: Wrap-up: Design refinement
August 11: In-House meeting at REG
August 14-17: Prepare final report
August 18: Meeting at Delray CRA-I0:00am
August 21-25: Final Dry Runs
August 31: Present Final Report-7 :OOpm
(Phase III complete-l00%)
May 15-26:
May 30-31:
May 31:
June 1-11:
June 2:
June 5-8:
June 9:
June 12-15:
June 16:
June 19-20:
June 20:
June 21:
June 29:
July 10:
July 12:
July 13:
July 14:
July 17-20:
July 21:
July 24:
July 26:
July 27:
Delray Beach Historic Guidelines
Revised Schedule
June 5, 2006
NOTE: Locations of all meetings are to tentative and have to be confirmed
120 SOUTH DIXIE HIGHWAY, STE. 201
WEST PALM BEACH, FL 33401
PHONE: 561 659-2383 . FAX: 561 659-5546
WWW.REGARCH.COM
AA-0002447
EST. 1 9 8 8
..
ORDINANCE NO. 14-06
AN ORDINANCE OF THE CI1Y COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF mE CI1Y
OF DELRA Y BEACH, ESTABLISHING A TEMPORARY
BUILDING MORATORIUM FOR ANY DEMOLITION AND
DEVELOPMENT PROPOSAL LOCATED IN ANY OF mE
CITY'S FIVE HISTORIC DISTRICTS FOR PROPERTIES
NOT ZONED COMMUNI1Y FACILmES (CF) OR
CENTRAL BUSINESS DISTRICT (CBD) AND WHICH
EXCEEDS CERTAIN SQUARE FOOTAGES, AND AS
FURmER DEFINED HEREIN FOR A PERIOD OF SIX (6)
MONms FROM mE DATE OF ADOPTION OF mIS
ORDINANCE; PROVIDING FOR GEOGRAPHIC AREA
COVERED; PROVIDING FOR THE DURATION OF
MORATORIUM; PROVIDING A SAVINGS CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DAlE.
WHEREAS, the City Commission has determined that the City's historic districts need
further protection and wishes to enact a six month moratorium on any demolition and/or
construction of new structures (greater than 2000 sq. ft.) or additions, where the addition exceeds
50% of the square footage of the existing structure; and
WHEREAS, the City needs a period of time in which City staff may work with the residents
of these districts in order to draft appropriate overlay guidelines to assure that future devdopment
respects the surrounding neighborhood character in terms of architectural style, scale and massing;
and
WHEREAS, this zoning ordinance is adopted pursuant to the City's Home Rule Powers as
set forth in Florida Statutes Chaptet 166; and
WHEREAS, this ordinance is enacted in compliance with Florida Statutes Section
166.041 (3)(c); and,
WHEREAS, pursuant to IDR Section 1.1.6, the Planning and Zoning Board reviewed the
proposed text amendment at a public hearing held on March 20, 2006 and voted 7 to 0 to
recommend that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board.
sitting as the Local Planning Agency, has determined that the change is consistent with and furthers
the goals, objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan; and
WHEREAS, this moratorium is rationally related to the City's attempt to preserve its historic
district communities and the City will undertake a comprehensive review of its Land Development
Regulations; and
WHEREAS, the City Commission gave direction to City staff at its March 6, 2006
Commission meeting to draft a moratorium ordinance; and
WHEREAS, all development plans officially received by the City prior to the effective date
of this Ordinance shall be processed in accordance with the City's current LDR's.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CI1Y OF DELRA Y BEACH, FLORIDA:
Section 1. TEMPORARY BunnING MORATORIUM. All activities relatiQg to the
acceptance. review and action upon permit ap..plications for the demolition and/or
construction of new structures (jn excess of 2000 sq. ft.) or additions. where the addition
exceeds 50% of the sqJJare foo~ of the existiqg structure. are telI\Porarily suspended in
order for the City of DelraJ Beach. through its officials and staff. to have adequate time and
opportunity to develqp additional development regulations specific to each district in order
to provide that future development would respect the surrounditlg neigltborhood character
in terms of architectural style. scale and massing. Based upon the for~oi1lg. there is herebJ
inlposed a telI\Po~ moratorium on the acceptance, review and action t.q)on pennit
applications for the demolition and/or construction of new structures (in excess of 2000 sq.
ft.) or additions. where the addition exceeds 50% of the sqpare foo~~ of the existiQg
structure. located in anJ of the City's five historic districts. Durhlg the time the telI\PotaQ'
moratorium is in effect. the City will acc~t no 9.Pplications for permits for the demolition
and/ or construction of new structures and additions located in the historic districts.
Applications for new construction that propose a total bnildifli area of 2000 sqJ1ale feet or
less shall be accepted and reviewed and may be constructed if the project is l\Pproved b.y the
Historic Preservation Board. This moratorium shall not have any effect on those
developments.
2
om. NO. 14-06
In the event that a structure is declared unsafe b.y the Chief Buildiqg Official of Delray
Beach in accordance with Article 7.8 of the Land Development Rc;WJlations. then that
structure may be demolished and this moratorium shall not prevent the demolition of the
structure. In the event that a new structure is proposed for this same area. the new structure
must have a total building area of 2000 sq. ft.. or less. in order to be allowed to proceed
through the City's development process while the moratorium is in effect. In the event that
a new structure is proposed with a total building area g1eater than 2000 sq. ft. the proposed
development shall not be accepted for review until the moratorium has e~ired.
TIlls moratorium shall not prevent the relocation of historic structures. from other places.
into any of the City's historic districts. provided. that the relocation must still follow the
r~gl11ar develo.pment process.
Section 2. GEOGRAPHIC AREA COVRRED. A telI\Ponu:y moratorium established in
this ordinance shall be effective in the five historic districts of the City of De~ Beach.
which are the Nassau Street District. Marina District. Del-Ida Park. Old School Sqpare and
West Settlers District. as described in Section 4.5.1(L) of the LDR's. However. this
moratorium does not affect property that is located in atlY one of the five historic districts
with a zoning designation of Community Facilities (CF) or Central Business District (CBD).
Section 3. DURATION OF MORATORIUM. The temponuy moratorium set forth
in this ordinance shall take effect immediately qpon the effective date of this ordinance and
shall terminate six ~6) months after the said effective date. The City will accept no
ap.plications which are subject to the moratorium until the moratorium has e~ired.
Section 4. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof
other than the part declaxed to be invalid.
Section S. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 6. That this ordinance shall become effective immediately upon its passage on
second and final reading.
3
ORD. NO. 14-06
~p A~SED AND ADOPTED in regular session on second and final reading on this L day
of _~ \. .2006.
.
~Rl4.
A TrEST:
~)).~
CIlY CLERK
First Readin 4-
4
ORD. NO. 14-06
MEETING DATE:
SEPTEMBER 18, 2006
AGENDA NO.:
IV. D
AGENDA ITEM:
AMEND THE EXISTING SIX-MONTH BUILDING MORATORIUM FOR
DEMOLITION AND DEVELOPMENT IN ALL OF THE CITY'S FIVE
HISTORIC DISTRICTS TO PROVIDE FOR AN EXTENSION OF UP TO
NINETY (gO) DAYS.
The item before the Board is that of making a recommendation to the City Commission on
extending the current six-month moratorium on any new development proposals including
demolitions except those properties deemed unsafe, new construction over 2,000 square feet,
and additions exceeding fifty-percent (50%) of the existing total square footage for all five (5) of
the City's historic districts, for a period up to ninety (90) days.
Given recent concerns over the level and type of development affecting historic preservation
efforts within all five (5) of the City's historic districts, the City Commission, on April 18, 2006
implemented a six-month moratorium on any new development proposals including, but not
limited to, demolitions, new construction, and additions. Some development actions have
continued during the moratorium including demolitions of structures deemed unsafe by the
City's Chief Building Official, new construction of 2,000 square feet or less, and additions not
exceeding fifty-percent (50%) of the existing structures total square footage. Further, the
moratorium does not prevent the relocation of historic structures from other places, into any of
the districts nor apply to properties in any historic district zoned CF or CBD.
During the moratorium, Staff has worked with the hired consultants, REG Architects and Urban
Design Studios, in conducting a series of meetings with the residents of the Historic Districts in
order to generate revised guidelines which provide a better and clearer understanding of the
existing Historic Preservation Design Guidelines and LDRs. The intent is to assure that all new
development respects and is visually compatible with the surrounding historic neighborhood
character in terms of architectural style, scale, and massing.
A review of the applicable policies and objectives in the Comprehensive Plan which have
supported this action and its potential outcomes was conducted. The following objective and
policy were found.
Housing Element Objective A-12.1, To assist residents of the City in maintaining and
enhancing their neighborhood environment, the City shall take steps to ensure that
modifications in and around the neighborhood do not lead to its decline, such as those
described in the following policy:
Planning and Zoning Board Memorandum Staff Report, September 18, 2006
Amendment to Extend Moratorium in Historic Districts
Page 2
Housing Element Policy A-12.4 The City will provide planning and technical assistance to
implement neighborhood-supported initiatives aimed at preserving the character of existing
residential areas. Such assistance may involve the formulation of regulations that would limit
size and scale of new homes to be consistent with the existing structures within a defined
neighborhood, and analysis of the housing inventory to determine if the area qualifies for
designation as a historic district, and similar measures.
On August 31,2006, REG Architects and Urban Design Studios provided a final presentation to
the public regarding their proposed revisions and recommendations. In order to thoroughly
review the aforementioned revisions and recommendations and implement any LDR changes, a
ninety-day extension is being requested. The current moratorium is scheduled to be lifted on
October 18, 2006. Staff will use the additional ninety-days to make any necessary changes to
the Delray Beach Historic Preservation Design Guidelines and the Land Development
Regulations. These changes will clarify the current regulations as they relate to the
requirement to provide compatible development within the historic districts while maintaining the
intent to protect and preserve the historic character as identified by the goals of the
Comprehensive Plan.
Historic Preservation Board:
The Historic Preservation Board (HPB) will review the item at its September 20, 2006 meeting
where a recommendation will be made to the City Commission.
The ninety-day extension is essential in allowing for the implementation of recommendations
outlined in the Historic Preservation Consultants final presentation. The intent of the revisions
is to provide clarification to new development proposals as it relates to scale and massing
consistent with the character of the districts.
Recommend approval of the ninety-day extension to the moratorium ordinance to the City
Commission.
Prepared by: Amy E. Alvarez, Historic Preservation Planner
Attachments:
· Existing Ordinance 14-06
· Proposed Ordinance
IV.D
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II
CITY OF DELRAY BEACH
NOTICE OF PROPOSED
AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS
BY AMENDING THE TEMPORARY
BUILDING MORATORIUM FOR
DEMOLITION AND
DEVELOPMENT IN ANY OF THE
CITY'S HISTORIC DISTRICTS
FOR PROPERTIES NOT ZONED
COMMUNITY FACILITIES (CF) OR
CENTRAL BUSINESS DISTRICT
(CBD) AND WHICH EXCEED
CERTAIN SQUARE FOOTAGES,
TO EXTEND SAID MORATORIUM
FOR A PERIOD NOT TO EXCEED
NINETY (90) DAYS
II)
,
The City COmmission of the City of Delray Beach, Florida, propOses to
adopt the following ordinance:
ORDINANCE NO. 56-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DEL"
RAY BEACH, FLORIDA, AMENDING ORDINANCE 14-<)6, SECTION 3,
"DURATION OF MORATORIUMiEXTENSION OF MORATORIUM", BY
AMENDING THE TEMPORARY BUILDING MORATORIUM FOR
DEMOLITION AND DEVELOPMENT .IN ANY OF THE CITY'S FIVE HIS-
TORIC DISTRICTS FOR PROPERTIES NOT ZONED COMMUNITY
FACILITIES (CF) OR CENTRAL BUSINESS DISTRICT (CBD) AND
WHICH EXCEED CERTAIN SQUARE FOOTAGES, TO EXTEND THE
MORATORIUM FOR A PERIOD NOT TO EXCE:ED NINETY (90) DAYS
FROM THE DATE OF ADOPTION OF THIS ORDINANCE; PROVIDING
A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
The City Commission will conduct two (2) Public Hearings for the pur-
pose of accepting public testimony regarding the proposed ordinance.
The first Public Hearing will be held on Il.!ESDAY. OCTOBER 3. 2006.
AT 7:00 P.M. in the Commission Chambers at City Hall, tOO NW. 1st
Avenue, Delray Beach, Rorida. If the proposed ordinance is passed on
first reading, a second Public Hearing will be held on TUESDAY. OCTO-
BER 17.2006. AT 7:00 P.M. (or at any continuation of such meeting
which is set by the Commission) in the Commission Chambers at City
Hall, 100 NW. 1st Avenue, Delray Beach, Florida.
All interested citizens are invited to attend the public hearings and com-
ment upon the proposed ordinance or submit their comments in writing
on or before the date of these hearings to "lhe Planning and Zoning
Department. For further information or to obtain Ii copy of. the proposed
ordinance, please contact the Planning and Zoning Department,City
Hall, 100 NW. 1st Avenue, Delray Beach, Rorida 33444 (amail at
Dzmail@mvdelra~ach.com) or by calling 5611243-7040),betweEln the
hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, excluding hol-
idays.
PLEASE BE ADVISED THAI IF A PERSON DECIDES TO APPEAlANY
DE:CISION MADE BY THE CITY COMMISSION WITH RESPECT TO
ANY MATTER CONSIDERED AT THESE HEARINGS, SUCH PERSON
MAY NEED 10 E:NSURE THAt A VERBATIM RECORD INCLUDES
THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL is to
BEBASED. THE CITY DOES NOT PROVIDE NOR PREPARE SUCH
RECORD PURSUANT TO ES. 286.0105.
"CITY OF DElRAY BEACH
Chevelle Dc Nubin, "CMC.
City Clerk
PUBLISH: Monday, september 25, 2006
Tuesday, September 26, 2006
Tuesday, OCtober 10, 2006
Boca: Raton News! Delray Beach News
MEMORANDUM
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGERttJv1
AGENDA ITEM # \C) . ~ - REGULAR MEETING OF OCTOBER 3,2006
ORDINANCE NO. 45-06 (AMENDING LDR SECTION 4.4.13 "CENTRAL
BUSINESS DISTRICT")
SEPTEMBER 29,2006
TO:
FROM:
DATE:
This ordinance is before Commission for second reading and second public hearing to amend Land
Development Regulations (LDR) Section 4.4.13, "Central Business District", to provide regulations
relating to office uses on the ground floor along Atlantic Avenue extending from 1-95 to Ocean
Boulevard.
At the first reading on September 19, 2006, the Commission passed Ordinance No. 45-06.
Recommend approval of Ordinance No. 45-06 on second and final reading.
S:\City Clerk\agenda memos\Ord 45-06 Amend lDR See 4.4.13 Central Business Distriet.1O.03.06
o/(
11M
FROM:
DAVID~~,~AGER
PAUL Dt~G, AICP, ~CTOR OF PLANNING & ZONING
MEETING OF SEPTEMBER 19, 2006 - REGULAR AGENDA
CONSIDERATION OF CITY-INITIATED AMENDMENTS TO THE LAND
DEVELOPMENT REGULATIONS LDR SECTION 4.4.13 "CENTRAL
BUSINESS DISTRICT", SUBSECTIONS 4.4.13(B)(2), 4.4.13(D)(5) AND
4.4.13(H)(1) TO PROVIDE REGULATION OF OFFICE USES ON THE
GROUND FLOORS ALONG ATLANTIC AVENUE EXTENDING FROM 1-95
TO OCEAN BOULEVARD.
TO:
SUBJECT:
The item before the City Commission is approval of City-initiated amendments to the Land
Development Regulations to accommodate revisions to the CBD zoning district as it relates
to ground floor office uses along Atlantic Avenue.
Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations
may not be made until a recommendation is obtained from the Planning and Zoning Board.
The proposed amendment will prohibit office uses including banks and financial institutions
on the ground floor along Atlantic Avenue in the Central Core and Beach Areas (Swinton
Avenue to the Ocean) and will allow up to 50% of the ground floor along West Atlantic
Avenue to be office uses as a permitted use and at a level greater than 50% as a conditional
use. Office uses will continue to be allowed either as a Permitted Use (professional offices)
or Conditional Uses (banks) on floors other than ground floors on Atlantic Avenue and all
floors elsewhere in the CBD District.
Concerns over the appropriateness of office uses on the ground floor first surfaced during
discussions over the Conditional Use approval of the Bank United on Atlantic Avenue which
occupied the old Huber Drugstore location. The City Commission considered the request at
their meeting of July 5,2005 at which time the Commission discussed the appropriateness of
office uses along Atlantic Avenue given their propensity to create "holes" in the retail fabric of
the street and interrupt the vibrant retail atmosphere along Atlantic Avenue. While the
request was approved, the City Commission placed several conditions to increase the banks
compatibility including requiring extended hours of operation, a commitment to have retail
displays over 50% of the window facades and requiring open houses, and evening hours
coinciding with Jazz on the Avenue nights.
Several months later an additional inquiry was made to the Planning and Zoning Department
about locating another bank on the ground floor on Atlantic Avenue. On December 6, 2005
the City Commission initiated a LOR text change to restrict office uses including banks on the
ground floor along Atlantic Avenue and the amendment is before the Board at this time.
10. H
,
City Commission Meeting of September 19, 2006
Amendment to (LOR Section 4.4.13), (LOR Section 4.3.13 (8)(2), 4.4.13 (0)(5) and 4.4.13(H)(1).
The Planning and Zoning Board held a public hearing on this request on July 24, 2006. Randy
Welker from the Chamber of Commerce spoke in favor of the request and the Board voted 4 to
1 (Kincaid opposed, Eliopoulos and Borchardt absent) to recommend to the City Commission
approval of the amendments to Land Development Regulations by adopting the findings of fact
and law contained in the staff report and finding that the requests are consistent with the
Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development
Regulations.
Approve the City Initiated amendments to Land Development Regulations to LDR Section
4.4.13 "Central Business District", Subsection 4.4.13(B)(2), 4.4.13(D)(5), and 4.4.13 (H)(1) 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 No. 45-06
· Planning & Zoning Staff Report of July 24, 2006
2
ORDINANCE NO. 45-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y
BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING
SECTION 4.4.13, "CENTRAL BUSINESS DISTRICT", SUBSECTION (B) (2),
"PRINCIPAL USES AND STRUCTURES PERMIlTED", SUBSECTION (D)(5),
"CONDITIONAL USES AND STRUCTURES ALLOWED", AND
SUBSECTION (H)(1), "SPECIAL REGULATIONS", TO PROVIDE
REGULATIONS RELATING TO OFFICE USES ON THE GROUND FLOOR
ALONG ATI.ANTIC AVENUE EXTENDING FROM 1-95 TO OCEAN
BOULEVARD; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the
proposed text amendment at a public hearing held on July 24, 2006 and voted 4 to 1 to recommend
that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the change is consistent with and furthers
the goals, objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That Section 4.4.13, "Central Business District", Subsection (B), "Principal
Uses and Structures Permitted", Paragraph (2) of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as
follows:
Section 4.4.13 Central Business (CBD) District:
(B) Principal Uses and Structures Permitted: The following types of use are allowed
within the CBD District as a permitted use:
(1)
(2)
(3)
(4)
(5)
General retail uses including, but not limited to:
*
Antiques, arts and crafts, automotive parts, baked goods, books, carpet and floor
covering, cheeses, beer, wine, liquor, confectioneries, cosmetics, meats, draperies
and slipcovers, medicines and prescriptions, electrical fixtures and supplies,
fabrics, fish, flowers and plants, fruits and vegetables, food, garden supplies, gifts,
glassware, hardware and paints, home furnishings, ice cream, lawn care
equipment, leather goods, luggage, medical and surgical equipment, music and
musical instruments, nautical supplies, office furniture equipment and supplies,
pets and pet supplies, photographic equipment and supplies, sewing supplies,
sporting goods, toys, wearing apparel and accessories, appliances, bicycles,
business machines, jewelry.
Business and professional uses pursuant to restrictions set forth ill Section
4.4.13(H)(1) including, but not limited to:
*
Interior decorating, medical and dental clinics, medical and dental laboratories,
photographic studios, printing and publishing, professional offices
Services and facilities including, but not limited to:
*
Auctions, barber and beauty shops and salons, caterers, dry cleaning limited to
on-site processing for customer pickup only, dry cleaning and laundry pickup
stations, laundromats limited to self-service facilities, pet grooming, restaurants
excluding drive-in and drive-through, outdoor cafes, tailoring, tobacconist,
vocational schools limited to arts and crafts, business, beauty, dancing, driving,
gymnastics, photography, modeling, and karate-judo, small item repair, and rental
of sporting goods and equipment (such as but not limited to bicycles, skates,
boogie boards).
*
Galleries, broadcast studios, butcher shops, cocktail lounges, exercise facilities e.g. gyms
and clubs, museums, libraries, newsstands, commercial or public parking lots and parking
garages.
Multi-family dwelling units, excluding duplexes, up to a maximum density of thirty
(30) units per acre except for the West Atlantic Neighborhood or Beach District,
where the maximum density is twelve (12) dwelling units per acre.
Hotels, motels, bed and breakfast inns, and residential-type inns except in the West
Atlantic Neighborhood.
2
ORD. NO. 45-06
Section 3. That Section 4.4.13, "Central Business District", Subsection (0),
"Conditional Uses and Structures Allowed", Paragraph (5) of the Land Development Regulations of
the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to
read as follows:
(0) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses
within the CBD District:
(1) Adult congregate living facilities.
(2) Residential licensed Service Provider Facilities subject to restrictions set forth in
Section 4.3.3(0).
(3) Amusement game facilities limited to such uses as pinball, air hockey, electronic
games, and other similar coin operated games when an attendant is on duty.
(4) Child care and adult day care.
(5) Financial institutions, e.g., banks and similar institutions including drive through
facilities pursuant to restrictions set forth in Section 4.4. 13(JI)(1 )
(6) Funeral homes including accessory uses, such as, a chapel, crematory, and the like.
(7) Gasoline stations or the dispensing of gasoline direcdy into vehicles, except that such
use shall not be allowed in the West Adantic Neighborhood, the Beach District, nor on lots which
front along Adantic Avenue or N.E. 2nd Avenue (a/k/a Pineapple Grove Way), beginning at a point
105' south ofN.E. 4th Street.
(8) Recreational establishments such as bowling alleys, gymnasIums, health spas,
miniature golf courses, skating rinks.
(9) Veterinary clinics.
(10) Movie theaters, excluding drive-ins.
(11) Playhouses, dinner theaters, and places of assembly for commercial entertainment
purposes (e.g., concerts, live performances).
(12) Flea markets, bazaars, merchandise marts, and similar retail uses.
(13) Wash establishment, with automatic/mechanical systems only, for vehicles, except
that such use shall not be located east of the Intracoastal Waterway or on lots which front along
3
ORD. NO. 45-06
Atlantic Avenue. Further, this use must be established on property with a minimum lot area of
20,000 sq. ft.
(14) Multi-family dwelling units, excluding duplexes, at a density greater than thirty (30)
units per acre, on property located south of N.E. 2nd Street and north of S.E. 2nd Street, subject to
the standards and limitations of Section 4.4.13(1).
(15) Group Home, Type 2 and Community Residential Homes, pursuant to restrictions
set forth in Section 4.3.3(1).
(16) Restaurants, Cocktail Lounges, Hotels, and Residential Type Inns may provide their
required parking as valet parking, subject to the provisions of Section 4.6.9(F)(3).
(17) Drive-in or drive-through restaurants on property located within the West Atlantic
Neighborhood.
(18) Hotels, motels, bed and breakfast inns, and residential-type inns on property located
within the West Atlantic Neighborhood.
(19) Free standing or mixed-use residential development at a density greater than twelve
(12) units per acre, on property located within the West Atlantic Neighborhood, subject to the
standards and limitations of Section 4.4.13(1).
Section 4. That Section 4.4.13, "Central Business District", Subsection (H), "Special
Regulations", of the Land Development Regulations of the Code of Ordinances of the City of
Delray Beach, Florida, be and the same is hereby amended to read as follows:
(H) Special Regulations:
(1) Office uses including financial institutions (e.g. banks. savings and loans. credit unions.
and mortgage offices) shall not be allowed on the ground floor within businesses which have an
entry from and/or windows along and/or frontage on Atlantic Avenue in the Central Core Area or
the Beach Area. Office uses shall be allowed up to 50% of the ground floor as a permitted use
within businesses which have an entry from and/or windows along and/or frontage on Atlantic
Avenue in the West Atlantic Area and as a Conditional Use if greater than 50%. Office uses are
allowed on floors other than the ground floor along Atlantic Avenue and on all floors elsewhere in
the CBD district.
(+ 2) The sale of second hand material, other than verifiable antiques, shall not be allowed
within businesses nor on properties which have an entry from and/or windows along and/or
frontage on Atlantic Avenue or N.E. 2nd Avenue (a/k/a Pineapple Grove Way) between East
Atlantic Avenue and N .E. 4th Street.
4
ORD. NO. 45-06
(~ 3) The sale of automotive parts, firearms, and lawn care equipment, shall not be
allowed within the West Atlantic Neighborhood nor within businesses or on properties which have
an entry from and/or windows along and/or frontage on East Adantic Avenue or N.E. 2nd Avenue
(a/k/a Pineapple Grove Way) between East Atlantic Avenue and N.E. 4th Street.
(; 4) The picking-up, dropping-off, or otherwise transporting workers, assigned through
an employment agency, from an assembly point in the CBD to the work site is prohibited, except
within the West Adantic Neighborhood area provided the structure involved does not have an
entrance from and/or windows facing West Adantic Avenue.
(4-5) Within the West Atlantic Neighborhood, all permitted uses with drive-through
facilities shall require conditional use approval.
(S 6) Minimum floor area for multi-family residential dwelling units shall be as established
for the Medium Density Residential (RM) zoning district in Section 4.3.4(K).
(67) Multi-family dwelling units may be located in structures that are comprised of
residential units only or in mixed-use buildings that contain a combination of residential and non-
residential uses. However, where residential uses are located in structures having frontage on
Atlantic Avenue, NW /SW 5th Avenue or N.E. 2nd Avenue (a/k/a Pineapple Grove Way), there
must be nonresidential uses fronting the Avenue on the ground floor.
fI- 8) The rental of sporting goods and equipment shall be limited to no more than one
business renting a specific category of item (i.e. bicycles, skates, etc.) every 300 feet measured in a
straight line from door to door, and any outdoor displays are subject to the restrictions set forth in
Section 4.6.6(C)(3).
(89) 24-Hour or late night businesses as defined herein must be processed as a
conditional use and are subject to the provisions of Section 4.3.3(VV).
Section 5. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than
the part declared to be invalid.
Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 7. That this ordinance shall become effective immediately upon its passage on
second and final reading.
5
ORD. NO. 45-06
PASSED AND ADOPTED in regular session on second and fInal reading on this the
_ day of , 2006.
A TIEST
MAYOR
City Clerk
First Reading
Second Reading
6
ORD. NO. 45-06
01\
~l
TO:
THRU:
FROM:
ESTELlO BRETO, SENIOR PLANNER
MEETING OF OCTOBER 3, 2006
CONSIDERATION OF WAIVER REQUESTS TO LAND DEVELOPMENT REGULATIONS
(LDR) SECTIONS 4.3.4(K), 2.2.4(D)(3), 2.4.7(B)(1)(b)(iii) AND 4.3.4(J)(4)(a) FOR THE
YACHT CLUB AT DELRAY BEACH, PURSUANT TO LDR SECTION 2.4.7(B)(5).
SUBJECT:
On April 26, 2006, the Site Plan Review and Appearance Board (SPRAB) approved a Class V site plan and
landscape plan associated with the construction of twenty (20) three-bedroom residential condominiums units in
a 4-story building, 82 guest & resident parking spaces (lower level parking garage and surface parking), a 3,610
square foot yacht clubhouse, and 44' boat slip. The applicant is seeking an increase in allowed height in the RM
(Multiple Family Residential - Medium Density) zoning district, which will require approval of four waivers to the
Land Development Regulations. The first waiver is to LDR Section 4.3.4(K) to allow the increase in building
height from 35' to 41'. The other three waivers, to LDR Sections 2.2.4(D)(3), 2.4. 7(B)(1 )(b )(iii) and 4.3.4(J)(4)(a),
are to waive the prohibitions against seeking a waiver for a regulation for which it is stated that there shall be no
waiver and/or variance provided, as it pertains to an increase in the maximum building height for property zoned
RM (Multiple Family Residential - Medium Density). The applicable code sections are described below:
LDR Section 4.3.4(K) - Development Standards Matrix
Pursuant to LOR Section 4.3.4(K), the Development Standards Matrix for Residential Zoning Districts depicts
the maximum height for buildings in the RM (Multiple Family Residential - Medium Density) zoning district as 35
feet.
LDR Section 2.2.4 (D) (3) - Duties. Powers, and Responsibilities of the Board of Adiustment:
Pursuant to LDR, Section 2.2.4(D)(3), no variance to height regulations may be granted by the Board of
Adjustment.
LDR Section 2.4.7 (B) (1) (b) am - Special Power to the City Commission:
Pursuant to LDR Section 2.4.7 (B) (1) (b) (iii), the City Commission may grant a waiver to any provision of the
LDRs when there is no other avenue for relief available in the regulations. However, waivers shall not be
considered with respect to a regulation for which it is stated that there shall be no waiver and/or variance
provided.
LDR Section 4.3.4 (J) (4) (a) -Increases to Heiaht Reaulations:
There are no provisions which allow, nor is the Board of Adjustment empowered to grant, an increase of height
for any purpose in the RM (Multiple Family Residential - Medium Density) zoning district.
Waiver Findinas:
Pursuant to LOR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the
granting of the waiver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of public facilities;
(c) Shall not create an unsafe situation; and,
(d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar
circumstances on other property for another applicant or owner.
The following excerpts are taken from the applicant's justification for the waiver requests:
\0 . tJ
City Commission Documentation - Meeting 10/03/06
The Yacht Club at Delray Beach: Waiver of LOR Sections 2.4.7(B)(1 )(b)(iii) and 4.3.4(J)(4)(a)
Page 2
"Our building site at 110 MacFarlane Drive has several unique existing characteristics. First and
foremost is MacFarlane Drive. This street is finished at an uncharacteristically low crown and historically
is prone to flooding. Secondly, the Delray Beach Yacht Club has shared access with the adjacent
Residences at the Yacht Club since it was built in 1996. This common access will continue to be shared
with the new proposed Yacht Club."
'The potential issue is that our garage finished floor elevation is proposed to be 0.6' N.G. V.D. In order
for the shared access to serve both garages, the approach will have to be split into two sections with a
retaining wall. One half will go up to the north garage (6.97' N.G. V.D.) and the other will go down to
south garage (0.6 N.G. V.D.). This waiver will allow us to raise the finished floor elevation to be more
consistent with neighboring properties."
The applicant is requesting the waivers so that the height of the building can be increased from 35' to 41'. This
will allow the applicant to raise the finished floor elevation to be more consistent with neighboring properties and
reduce the risk for potential flooding. The common access will continue to be shared with the proposed Yacht
Club. The number of units will remain the same and the overall height of the building will still be below that of
the "Residences at the Yacht Club". Granting this waiver request will not adversely affect the neighboring area,
diminish the provision of public facilities, create an unsafe situation and/or result in granting a special privilege.
Thus, a positive finding can be made with respect to LDR Section 2.4.7(B)(5).
Granting of the requested waivers will not have an adverse affect on the neighboring area, create an unsafe
situation, or diminish the provision of public facilities. Consequently, a positive finding with respect to LDR
Section 2.4.7(B)(5) can be made.
Commission Discretion
Attachments:
· Location Map and Site Plan
· Board Order
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
WAIVER REQUESTS FOR THE YACHT CLUB AT DELRAY BEACH
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. These waiver requests have come before the City Commission on
October 3, 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 the Yacht Club at Delray Beach. All of the evidence is a part of the record in
this case. Required findings are made in accordance with Subsection I.
I. WAIVER:
a. Pursuant to Section 30.15 of the Code of Ordinances the Commission
may grant a waiver to a Section of the Land Development Regulations in which a waiver
is not allowed under the LDR's. The Applicant has requested a waiver to Section
4.3.4(K) to allow an increase in height for the Yacht Club at Delray Beach Project,
located in the RM zoning district, from 35' to 41'. In order to consider this waiver the
Commission must waive the following:
b. LOR Section 2.2.4(0)(3) - provides no variance to height regulations may
be granted by the Board of Adjustment.
c. LOR Section 2.4.7(B)(1 )(b)(iii) - provides that no waiver may granted,
under LDR Section 2.4.7(B), by the Commission for which it is stated that there shall be
no waiver and/or variance provided.
d. LDR Section 4.3.4(J)(4)(a) - provides that the Board of Adjustment may
not grant an increase in height to any structure located in the RM zoning district.
The Applicant has asserted that the street, MacFarlane Drive in which the height
measurement will be made from the crown of the road, has an uncharacteristically low
crown and is prone to flooding. The Applicant also asserts by allowing the increase in
height the finished floor elevation will be raised to a height that is more consistent with
the neighboring property.
Should the waiver requests be granted based on the assertions listed above?
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 Sections 2.2.4(0)(3), 2.4.7(B)(1 )(b)(iii),
4.3.4(J)(4 )(a) and 4.3.4(K).
6. Based on the entire record before it, the City Commission hereby adopts
this Order this 3rd day of October, 2006, by a vote of in favor and
opposed.
ATTEST:
Jeff Perlman, Mayor
Chevelle Nubin, City Clerk
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tember 21 2006. www.bocanews.com
28 Boca Raton/Delray Beach News - Thursday, Sep ,
CITY OF DELRAY BEACH
NOTICE OF PUBLIC HEARING
The City Commission will conduct a Public hearing On Tuesday October 3, 2006,
in the Commission Chambers at City Hall, 100 N.W. 1 st Avenue, Delray Beach,
Florida (or at any continuation of such meeting which is set by the City
Commission). Pursuant to Section 30.15 of the Code of Ordinances the City
Commission will consider a waiver of Land Development Regulation Sections
2.2.4(0)(3), 2.4. 7(B)(1 )(b)(iii) and 4.3.4(J)(4)(a) to waive the prohibitions against
seeking a waiver for regulation for which it is stated that there shall be no waiver
and/or variance provided, as it pertains to an increase in the height requirement
for property zoned RM (Medium Density Residential). The waiver request is from
Section 4.3.4(K) to allow an increase in the building height from 35 feet to 41 feet
for The Yacht Club at Delray Beach, located on the west side of MacFarlane Drive,
south of Miramar Street.
All interested parties are invited to attend the public hearing and comment upon the
. proposed action or submit their comments in writing on or before the date of the
hearing to the Planning and Zoning Department. For further information please
contact Estelio Breto of the Planning and Zoning Department, City Hall, 100 NW
1st Avenue, Delray Beach, Florida 33444 (e-mail at pzmail@delrayplanning.org),
Phone 561/243-7040, between the hours of 8:00 A.M. and 5:00 P.M. on weekdays
(excluding holidays).
PLEASE BE ADVISED THAT IF PI PERSON DECIDES TO APPEAL ANY DECt-
SION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER
CONSIDERED AT THIS HEARING, SUCH PERSON WILL NEED A RECORD OF
THE PROCEEDING, AND FOR THIS PURPOSE SUCH PERSON MAY NEED TO
ENSURE THAT A VERBATIM RECORD OF THE PROCEE:DING IS. MADE,
WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH
THE APPEAL IS BASED. THE CITY DOES NOT PROVIDE OR PREPARE SUCH
RECORD PURSUANT TO F.S. 286:0105.
CITY OF DELRAY BEACH
Chevelle D. Nubin, CMC
City Clerk
Published: September 21, 2006
Boca RatonlDelray Beach News
..
MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # \ \) . t- REGULAR MEETING OF OCTOBER 3.2006
ORDINANCE NO. 54-06 (AMENDING CHAPTER 96 "FIRE SAFETY AND
EMERGENCY SERVICES")
TO:
SUBJECT:
DATE:
SEP1EMBER 29,2006
This ordinance is before Commission for second reading and public hearing to amend Chapter 96,
"Fire Safety and Emergency Services", Section 96.66, "Emergency Medical Transportation Fees", of
the Code of Ordinances to adjust the fee schedule for emergency medical transportation in
accordance with the National Ambulance Fee Schedule.
The following service charges or fees are levied for the provision of emergency medical
transportation:
(1) Advanced Life Support (ALS-1)
Transport Fee $ 4 33.00 $450.00
(2) Advanced Life Support (ALS-2)
Transport Fee $546.00 $570.00
(3) Skilled Case Transport Fee $620.00 $660.00
(4) Basic Life Support (BLS)
Transportation Fee $412.00 $435.00
(5) Mileage Fee $&M $8.66/mile
At the first reading on September 19, 2006, the Commission passed Ordinance No. 54-06.
Recommend approval of Ordinance No. 54-06 on second and final reading.
S:\City Clerk\agenda memos\Ord 54-06 EMf Fee Adjustment. 10.03.06
MEMORANDUM
TO:
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER tJtI\
AGENDA ITEM # \~ ~ - REGULAR MEETING OF SEPTEMBER 19. 2006
ORDINANCE NO. 54-06 (AMENDING CHAPTER 96 "FIRE SAFETY AND
EMERGENCY SERVICES")
SEPTEMBER 15, 2006
SUBJECT:
DATE:
This ordinance is before Commission for first reading to amend Chapter 96, "Fire Safety and
Emergency Services", Section 96.66, "Emergency Medical Transportation Fees", of the Code of
Ordinances to adjust the fee schedule for emergency medical transportation in accordance with the
National Ambulance Fee Schedule.
The following service charges or fees are levied for the provision of emergency medical
transportation:
(1) Advanced Life Support (ALS-l)
Transport Fee
(2) Advanced Life Support (ALS-2)
Transport Fee
(3) Skilled Case Transport Fee
(4) Basic Life Support (BLS)
Transportation Fee
(5) Mileage Fee
$133.00
$450.00
$546.00
$570.00
$620.00
$660.00
$412.00
$435.00
$&+S $8.66/mile
Recommend approval of Ordinance No. 54-06 on fIrst reading. If passed, a public hearing will be
scheduled for October 3, 2006.
S:\City Clerk\agenda memos.Ord.54-06.EMT Fee Adjustment.09.19.06
[ITY
E"..I>1'
",;'tit' ' ,-.;'
y
E
[
"'l~I;'<"'\i':'
FIRE"RESCUE DEPARTMENT
, :1;HL,<\~JD F)[f\CH
DELRAY BEACH
~
All-America City
'IIII! MEMORANDUM
1993
2001
TO: David T. Harden, City Manager
FROM: Kerry B. Koen, Fire Chief
DATE: September 7, 2006
SUBJECT: E.M.S. Transport Fees
Emergency medical service transport fees covered by re-imbursement through
Medicare have been "standardized" on a National basis. Accordingly, we are
recommending fee adjustments that are consistent with the Medicare fee schedule. The
attached recommended adjustments reflect the overall area average.
We request that this item be placed on the September 19, 2006 agenda, with an
effective date of October 3, 2006, if approved by the City Commission.
'< e----"-1 p. l
Kerry B. Koen
Fire Chief
Flf1t-fi!
OR!DA 33444
Skilled
BLS ALS -1 Emerg. ALS - L2 Care Trans. Mileage
A0429 A0427 A0433 A0434
Boynton Beach $325.00 $400.00 $500.00 $8.00
Boca - 1 0/1/06 $538.29 $538.29 $694.58 $723.51 $9.85
Palm Beach Co. $395.00 $395.00 $495.00 $7.95
Deerfield Beach $550.00 $550.00 $650.00 NA $10.00
West Palm Beach $390.00 $390.00 $540.00 $640.00 $8.00
Delray Beach $412.00 $433.00 $546.00 $620.00 $8.15
AVERAGE
$435.05
$451.05
$570.93
$661 .17
$8.66
$412.00
$433.00
$546.00
$620.00
$8.15
RECOMMENDED FEES
Change
Percentage change
$23.00
$17.00
$24.00
$40.00
$0.51
5.58%
3.93%
4.40%
6.45%
6.26%
Medicare current Fees
$298.69
$354.70
$513.88 no experience
$6.05
[ITY DF DELRRY BER[H
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE. D[U~/\Y BEACH. FLORIDA 33444
TELEPHONE: 561/2.+Y/()()I). IACSIMILE: 561/278-4755
Writer's Direct Line: 561/243-7090
DELRAY BEACH
F LOR I 0 ^
DaI:II
All-America City
, III I! ~:TE
1993
2001
MEMORANDUM
September 11, 2006
FROM:
City Commission
David T. Harden, City Manager
Terrill Barton, Assistant City Attorney ~
SUBJECT:
Ordinance 54-06 - EMT Fee Schedule Adiustment
Attached is a proposed ordinance amending Section 96.66, "Emergency Medical
Transportation Fees", to adjust the fee schedule for Emergency Medical
Transportation in accordance with the National Ambulance Fee Schedule.
Please place this ordinance on the City Commission agenda for Tuesday,
September 19, 2006.
Thank you.
TCB:smk
Attachment
cc: Chevelle NLibin, City Clerk
ORDINANCE NO. 54-06
AN ORDINANCE OF THE CITI COMMISSION OF THE CITI OF DELRA Y
BEACH, FLORIDA, AMENDING CHAPTER 96, "FIRE SAFETI AND
EMERGENCY SERVICES", OF THE CODE OF ORDINANCES OF THE
CITI OF DELRA Y BEACH, BY AMENDING SECTION 96.66.
"EMERGENCY MEDICAL TRANSPORTATION FEES", SUBSECTION
96.66(A), TO ADJUST THE FEE SCHEDULE FOR EMERGENCY MEDICAL
TRANSPORTATION IN ACCORDANCE WITH THE NATIONAL
AMBULANCE FEE SCHEDULE; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE.
WHEREAS, on January 17, 1995, the City Commission adopted Ordinance No. 5-95, which
enacted a new Section 96.66 of the City Code to provide for emergency medical transportation; and
WHEREAS, in accordance with the implementation of the National Ambulance Fee
Schedule a new schedule is hereby established.
NOW, THEREFORE, BE IT ORDAINED BY THE CITI COMMISSION OF THE
CITI OF DELRA Y BEACH, FLORIDA:
Section 1. That Tide IX, "General Regulations", Chapter 96, "Fire Safety and
Emergency Services", Section 96.66, "Emergency Medical Transportation Fees", Subsection
96.66(A), of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to
read as follows:
(A) The following service charges or fees are levied for the provISIon of
emergency medical transportation:
(1) Advanced Life Support (ALS-1)
Transport Fee $433.00 $450,00
(2) Advanced Life Support (ALS-2)
Transport Fee $516.00 $570.00
(3) Skilled Case Transport Fee $620.00 $660.00
(4) Basic Life Support (BLS)
Transportation Fee $112.00 $435.00
(5) Mileage Fee $&+S $8.66/mile
ORD. NO. 54-06
Section 2. That should any section or provIsIon of this ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof
other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 4.
That this ordinance shall become effective upon second and final reading.
PASSED AND ADOPTED in regular session on second and fInal reading on this the
day of , 2006.
MAYOR
A TrEST:
CITY CLERK
First Reading
Second Reading
2
ORD. NO. 54-06
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doe_s-:.not:'9rQ,Y~de_:.ru~r." prep~r-e '- s uch
record. Pt.rstJal.t~to ~S.' 266.0.105,
lTieeti(j,g which ..is'- 'set' by the
Col1Vl1iSsion).' in .1he Cny eo.nimi$s,ipn
Chambers, 1()Q N.W: 1st AVenue, Del.
ray SQach, fIori<la.'at.whiCli time .the
9fty ,Commissloo will CO-~Sjdec;theii
~t~n. Thepl'bpOsed. ordinances
....y 110 inspected at 1he 0II'1CO.0I the
City CIerl< at'-city.HalI, 100 N-W. 1st
Avenu.~.- OelraY,-:Beach. Florida. be-
1weem1he hourS Of 8:OO8111,aOO5:OO
p,m,. t-londar If)rough Friday, except
hoIida)'S.All in1el'e$lec:!PlIr1ies are in-
viled 1!> atteOO and be tielll'll With re-
specl1f,> the p~oolin'll1Ces.,
.ORDlNAIlC~ NQ.~
CLARIfY THATI.(OTOO VEHICLES
ARE l'ERMmEDTO TRAV\:l ON
STA A,
SAVI . .RE:'
P~~R. .~
TIVE o.ATE.}" .
'OlID1NANCtliO',S4:o&
.~
[ITY DF DElRAY BEA[H
CITY ATTORNEY'S OFFICE
,'Oil N\V hi AVI.~! i. i ii\Y BEACH. FLORIDA 33444
!1.LlYIIO~E. ~h! }- I,\CSIMILE: 561/278-4755
Writer's Direct Line: 561/243-7090
DElRAY BEACH
~
All-America City
" III! ~:TE:
1993
2001
MEMORANDUM
September 25,2006
City Commission
David T. Harden, City Manager
FROM: Terrill Barton, Assistant City Attorney
~
SUBJECT: Ordinance 53-06
The attached draft ordinance provides that overhead vehicles shall not be flown
within 300 feet of any municipal beach except airplanes, jets and/or helicopters
and motor vehicles shall not be driven on the municipal beach except for
emergency, maintenance and vehicles used to transport disabled persons.
Please place this ordinance on the City Commission October 3, 2006 agenda for
first reading.
Thank you.
TCB:smk
Attachment
cc: Chevelle Nubin, City Clerk
P.~
ORDINANCE NO. 53-06
AN ORDINANCE OF THE CIlY COMMISSION OF THE CIlY OF DELRA Y
BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE
CIlY OF DELRAY BEACH BY AMENDING SECTION 101.24, "TRAFFIC
REGULATIONS", TO PROVIDE THAT OVERHEAD VEHICLES SHALL
NOT BE OPERATED WITHIN 300 FEET OF THE MUNICIPAL BEACH
EXCEPT FOR AIRPLANES, JETS AND/OR HELICOPTERS AND MOTOR
VEHICLES SHALL NOT BE DRIVEN ON THE MUNICIPAL BEACH
EXCEPT FOR AUTHORIZED USES; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to protect
and enhance public safety on the municipal beach; and
WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to prohibit
vehicles from traveling on or within three hundred (300) feet of any municipal beach site except for
airplanes, jets and/ or helicopters; and
WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to prohibit
motor vehicles from driving on the municipal beach.
NOW THEREFORE, BE IT ORDAINED BY THE CIlY COMMISSION OF THE
CIlY OF DELRA Y BEACH, FLORIDA AS FOLLOWS:
Section 1.
follows:
That Section 101.24, "Traffic Regulations", shall be amended to read as
Sec. 101.24. TRAFFIC REGULATIONS.
(A) No person shall drive, propel or cause to be driven or propelled along or
over any road within any park, any vehicle at a greater rate of speed than posted, and in any
event, nor more than twenty-five (25) miles per hour.
(B) No person shall use, operate or propel or cause to be used, operated, or
propelled a hang glider. power glider. powered paraglider. parachutes. motorized parasail or
any other similar craft that flies overhead except for airplanes. jets and/or helicopters on or
within three hundred (300) feet of any municipal beach site within the limits of the City
provided, hmvever, nothing in thi3 scetfoa shaH pre.-eat: (1) official motor vehidcs or
-nhides of a governmcntal ageaey from tt'll'VersIDg the beaches, banks or dunes ifl the
performance of offieial gor.remmcatal duties; (2) aongO'\ em.meatal purposes of m~teaanee
aad/ or presernt10a of same as authorizcd or required by a govemmcat agency; (3) motor
vehides or vchicles utilized f-or the purposc of tt'afisporting a physically disabled per30fi who
would otherwise be ineapable of aecessing and tt'll'Vcling upOfi the beaeh without such
assi3tance, or (1) motor -.'ehicles or -.'ehieles utilized for other authorized purposes as
approved by the City Manager, from traversing the beaches and access points thereto of any
muaicipal beach site within the C*,o limits.
(C) No motor vehicles shall be driven upon the municipal beach without a
written permit from the Parks and Recreation Department except for emergency vehicles.
maintenance vehicles. and vehicles used to transport injured and disabled persons authorized
by the Ci1;y.
Section 2. That should any section or proVlslon of this ordinance or any portion
thereof, any paragraph, sentence, clause or word be declared by a court of competent jurisdiction to
be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part
hereof other than the part declared invalid.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 4.
final reading.
That this ordinance shall become effective upon its passage on second and
PASSED AND ADOPTED in regular session on second and final reading on this the
_ day of ,2006.
MAYOR
ArrEST:
City Clerk
First Reading
Second Reading
2
ORD. NO. 53-06
www.bocanews.com · Boca RatonlOelray Beach News -j:I'i~YlSaturday. September 22-23, 2006 29
La 1 Lega] :\otices
CITY Ol'IIELR4Y BEACH,FLORIDA
NOTICE OF PUBUC HEARING
A PUBliC HEARING will be held on _
the following proposed ordinance-at
700 p.m. on TUESOAY, OCTOBER 3,
2006 or at - anycohtinuation ci1 ~
meeting which is''set by' the
Commissionl.in the CilyCommission
Ctlambers, 100 N. W. 1 st AV9flOe, Def-
ray Beach, Florida, at which Iirt1e the
City Commissign willeonsid~'lts
adoption. The propos:ed o,rdinance
may be inspl!cled at the Office 01 the
City Clerk atCilY Hail, 100 N.W. 1st
Avenue, Delray. Be1ich, Aor~, ~~
!ween the ho\Ir$of8:OO ain. aI1'(5oo
p.m, Monday lhroll9h friday, exCept
holidays. All inteiestedflatlles are in-
vitedto attend an<fbe.heard. With r..
spect to the prOJM?$ed ordinance.
ORDINANCE NO. 4Nl6
TO ADJUS
TION 4.4.1
TIONS', PRO
TlVE TO Tttl;
QUIREMENTS
BETWEEN NE
4TH STREET ON THE WEST SIDE
OF NE 2ND AVENUE;. UPON THE
PROVIDING OF. CERTAIN CQMMU-
NITY FACILITY SPACE AND 'OPEN
SPACE; PROVIDING A SAVING
CLAUSE, A GEN.ERAl REPEALER
CLAUSE, AND ANEFFECTWE
DATE.
Please be advised_ that if a,person, de-
cides to_appe~I_'anyd~_Cjsl~A.ma~ _b~
the City Commi~siQn,w;tth; r.e:~pect to
any matter consideredal these Ilear.
lngs,_ such person _ maY;,neetj to ensure
that a verbatimrecotd _ includes ,the
tes1imonyand evidfl'nce liponwhrch
the appeal, is to. be. based.. The City
does nol pr.ovide. nor prepare' suen
record. Pursuant to FS.2B6.0105
NO
A PUall
the following proposed ordiilances. at
7:00 p.m. on TUESDAY, OCT~ 3.
2006 or at any continuation of:wch
meeting whiCh is' set by the
Commission).' in the: aty gommissKm
Chambers. 100 NoW. 1st Avenue, Del.
ray Beach, Florida,' a1 wh.ic:h time the
City Commission will co~sider1heir
adop1ion. The proposed, ordinances
may be inspected at the Otroceol the
City Clerk atCily Hall, 100 NoW. 1st
Avenue, Defray Beach, Florida, be-
!ween the hours 01800 a.m. and 500
p.m., Monday through Friday, except
ho~days. AU intefe$ted parties are in-
vited to aIlen<l and be tiea:1ll with r..
spect 10 the propo$ed ordinances.
ORDINANCE NO. ~
CLARIFY THAT MOTOR VEHICLES
ARE PERMITTED TO TRAVEL ON
STATE ROAD .A+A;PROVIDING A
SAVINGCtAUSe,c A GENERAL RE-
PEALER CLAUSE,~P AN EFFEC.
TIVE DATE.
ORDINANCE! NO.54-lI6
] 0] Legal Notices
AN ORDINANCE Cf THE CITY .cPM.
MISSION.{jf THE CITYQF DElRAY
aEACH,c..Fl NDfHG
CHAPTER. 96., YANO
EMERGEtiCY . , OFTHE
CODE OF ORDINANCES OF THE
CITY OF DElRAyaEACH, BY
AMENDING SECTION 96.66.
"EMERGENCY MEDICAL TRANS.
PORTATION FEES', SUBSECTION
96.66(AI, TO ADJUST THE FEE
SCHEDULE FOR. EMERGENCY
MEDICAl TRANSPORTATION IN AC-
CORDANCE WITH THE NATIONAL
AMIlIMNCEc.FEE SCHEDULE;PRQ-
VIDfNGASAVING CLAU~E. A GEN-
ERAl. REPEALER. ClAUSE AND AN
EFFECTIVE DATE.
P1eaSe~,be:adl(ised ..that,,"if: a person ..ckr
ci~loappeal.anY-~sjon ma<te,by
th8,;CJ~Y'Ctlmrnlsslon~wi1h '.' f~spect..to
any- _matter considered at.these hear-
ings, such person may need to ensure
that a yerbalimrecord includes the
testimony and evidence upon whictl
the appeal is. to. be' based.. The City
does not provide 'nor prepare such
record. Pursuant to F.S. 286.0105.
CITY OF DaRAY BEACH
C_O: Niiliin. CMC
ClyClefk
Pubfish: Sepiember22. 2006
Boca Raton I Delray Beach News
FROM:
, DIRECTOR OF PLANNING AND ZONING
, ASSISTANT PLANNING DIRECTOR
MEETING OF OCTOBER 3, 2006
CONSIDERATION OF A CITY-INITIATED AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS THAT CLARIFIES LIMITS ON
RECONSTRUCTION OF NONCONFORMING STRUCTURES, OR
NONCONFORMING USES IN STRUCTURES WHEN DAMAGED OR
DESTROYED BY AN ACT OF GOD.
TO:
THRU:
SUBJECT:
This LDR text amendment will clarify that when nonconforming residential structures, or
residential structures containing nonconforming uses, are damaged or destroyed by an Act
of God, that repairs are not restricted to the limitations currently imposed to ordinary repairs
(which includes repair or replacement of fixtures, nonbearing walls, plumbing or wiring).
When the damage or destruction is caused by an Act of God, the clarifying language directs
one to Section 1.3.8, which allows the structure to be fully rebuilt in accordance with the use
and number of units permitted by the certificate of occupancy in existence prior to the
occurrence of the event.
At its meeting of September 18, 2006, the Planning and Zoning Board held a public hearing in
conjunction with the text amendment. The Board then voted unanimously to recommend approval
of the text amendment to clarify reconstruction of nonconformities when damage or destruction is
caused by an act of God, 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).
By motion, move to approve the amendment to Land Development Regulations Section 1.3.6,
Repairs and Maintenance, 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).
Attachment:
. Planning & Zoning Staff Report of September 18, 2006
. Ordinance No. 55-06
I~.~
ORDINANCE NO. 55-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, AMENDING ARTICLE 1.3,
"NONCONFORMING USES, LOTS, AND STRUCTURES", OF THE
LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRA Y
BEACH, FLORIDA, BY AMENDING SECTION 1.3.6, "REPAIRS
AND MAINTENANCE", TO PROVIDE THAT IF REPAIRS ARE
MADE TO STRUCTURES DAMAGED BY AN ACT OF GOD, THEN
SECTION 1.3.8, "RECONSTRUCTION NECESSITATED BY AN ACT
OF GOD", SHALL APPLY; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE AND AN EFFECTIVE DATE.
WHEREAS, the City Commission has the authority to protect the public health, safety, and Welfare
of its citizens; and
WHEREAS, the City Commission has determined it to be in the publics best interest to establish
reasonable regulations regarding repairs and maintenance on nonconforming structures and lots.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA AS FOLLOWS:
Section 1. That Section 1.3.6, "Repairs and Maintenance", of the Land Development
Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows:
Section 1.3.6 Repairs and Maintenance:
(A) On any nonconforming structure or on a structure containing a nonconforming use,
work may be done on ordinary repairs, or on repair or replacement of fixtures, nonbearing walls,
plumbing, or wiring, provided the repair work does not exceed 10% of the current replacement cost
of the structure in any 12 month period. unless the damage is caused by an act of God in which case
Section 1.3.8 shall apply. ill addition, the Site Plan Review and Appearance Board (SPRAB) or
Historic Preservation Board (HPB) may approve exterior modifications to a nonconforming
structure or a structure containing a nonconforming use, provided the modifications do not exceed
15% of the current replacement cost of the structure in any 12 month period, unless the damage is
caused by an act of God in which case Section 1.3.8 shall apply. However, improvements to
contributing structures within historic districts or to individually listed historic structures can exceed
the established 10% interior and 15% exterior maximum thresholds.
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.
Section 4.
reading.
That all ordinances or parts of ordinances in conflict herewith be, and the Sarile are
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
2
_ORONO. 55-06
PLANNING AND ZONING BOARD MEMORANDU
MEETING DATE: SEPTEMBER 18, 2006
AGENDA NO.: IV. C.
AGENDA ITEM: CONSIDERATION OF A CITY-INITIATED AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS THAT CLARIFIES LIMITS ON
RECONSTRUCTION OF NONCONFORMING STRUCTURES, OR
NONCONFORMING USES IN STRUCTURES WHEN CAUSED BY AN
ACT OF GOD.
The item before the Board is that of making a recommendation to the City Commission
regarding a City-initiated amendment to the Land Development Regulations to clarify that non
conforming structures, and structures containing nonconforming uses, may be rebuilt without
the limitations generally applied to ordinary repairs, when reconstruction is necessitated by an
Act of God.
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 to the
City Commission.
This LDR text amendment will clarify that when nonconforming structures, or structures
containing nonconforming uses, are damaged or destroyed by an Act of God, that repairs
are not restricted to the limitations currently imposed to ordinary repairs (which includes
repair or replacement of fixtures, non bearing walls, plumbing or wiring). When the damage
or destruction is caused by an Act of God, the clarifying language directs one to Section
1.3.8, which allows the structure to be fully rebuilt in accordance with the use and number of
units permitted by the certificate of occupancy in existence prior to the occurrence of the
event.
REQUIRED FINDINGS
LDR Section 2.4.5(MH5) (Findinas): Pursuant to LDR Section 2.4.5(M)(5) (Findings), in
addition to LDR Section 1.1.6(A), the City Commission must make a finding that the text
amendment is consistent with and furthers the Goals, Objectives and Policies of the
Comprehensive Plan.
A review of the objectives and policies of the adopted Comprehensive Plan was conducted and
the following applicable Policy was noted:
Policy A-2.5 states that the section of the Land Development Regulations that deals with
nonconforming uses and structures shall be comprehensively evaluated in order to ensure that
IV.C.
Planning and Zoning Board Memorandum Staff Report, September 18, 2006
Amendment to LDRs: Damaged Caused by Acts of God and Reconstruction of Nonconformities
the restrictions on the continuation, expansion, and improvement of nonconforming structures
and uses are clear and enforceable.
This ordinance is consistent with this policy of the comprehensive plan since it will help to clarify
when nonconformities can be rebuilt, and to what extent.
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.
The purpose of this City-initiated LDR text amendment is to clarify that nonconformities can be
rebuilt when caused by an Act of God. The proposed amendment is consistent with and
furthers the Goals, Objectives and Policies of the Comprehensive Plan.
Recommend approval of the City-initiated amendment to LDR Section 1.3.6, relating to the
repair and maintenance of nonconforming structures, and structures containing nonconforming
uses, 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 No. 55-06
· Modified LDR language
2
SECTION 1.3.6
Section 1.3.6 Repairs and Maintenance:
(A) On any nonconforming structure or on a structure containing a nonconforming
use, work may be done on ordinary repairs, or on repair or replacement of fixtures,
nonbearing walls, plumbing, or wiring, provided the repair work does not exceed 10% of
the current replacement cost of the structure in any 12 month period, unless the
damaqe is caused by an actof God in which case Section 1.3.8 shall apply. In addition,
the Site Plan Review and Appearance Board (SPRAB) or Historic Preservation Board
(HPB) may approve exterior modifications to a nonconforming structure or a structure
containing a nonconforming use, provided the modifications do not exceed 15% of the
current replacement cost of the structure in any 12 month period, unless the damaqe is
caused by an act of God in which case Section 1.3.8 shall apply. However,
improvements to contributing structures within historic districts or to individually listed
historic structures can exceed the established 10% interior and 15% exterior maximum
thresholds. [Amd. Ord.62-04-11-J16/()4];fArnd.Ord. 28-945/17/94]
(B) If the Chief Building Official declares a nonconforming structure or structure
containing a nonconforming use to be unsafe or unlawful due to its physical condition,
such structure shall not be rebuilt, repaired, or restored, except in conformance with the
requirements for the zoning district in which it is located.
(C) Nothing herein shall prevent the strengthening or restoring to a safe condition,
any building or part thereof declared to be unsafe by the Chief Building Official.
Section 1.3.7 Uses Allowed as ConditiOnal Uses: Any use which is now allowed as
a conditional use in a zoning district but which, prior to September 1, 1990, was an
established permitted use shall not be deemed a nonconforming use but shall without
further action be considered a conforming conditional use. A use previously established
as a conditional use and now allowed as such, shall be subject to conditions as
originally imposed thereon.
Section 1.3.8 Reconstruction Necessitated by An Act of God: [Amd. Ord. 17-95
3/21/95]
(A) If a lawful nonconforming residential structure is damaged or destroyed by an
Act of God (the event), the owner shall be permitted to rebuild the structure in
accordance with the use and number of units permitted by the certificate of occupancy
in existence prior to the occurrence of the event. Where necessary, in order to
accommodate the same number of such units, structures may be reconstructed to
heights previously established on building permit plans approved prior to the occurrence
of the event. All rebuilding shall comply with fire and building codes in effect at the time
of reconstruction, and shall comply to the greatest extent possible with applicable
provisions of the Land Development Regulations. [Amd. Ord. 17-95 3/21/95]
1.3 - 3
SECTION 1.3.8 (B)
(B) In order to receive approval for rebuilding pursuant to this section,
applications for building permits must be submitted within one year of the date on
which the event occurred and all reconstruction must be completed Within three
years from the date of the event. [Amd. Ord. 17-95 3/21/95]
(C) The following definitions apply for the purposes of this section: [Amd. Ord.
17-95 3/21/95]
(1) Residential Structure: A Residential Structure is a structure that
includes permanent dwelling units such as homes, townhouses, condominiums, and
apartments, as well as temporary dwellings such as hotel/motel rooms and resort
dwelling units. [Amd. Ord. 17-95 3/21/95]
(2) Act of God (The Event): An Act of God (the event) is an unusual,
-- extraordinary,slldden -and lInexJ3ected manifestation of the forces of nature which
man cannot resist which may include, but not be limited to, floods, storms, fire and
other catastrophes. An event shall not be considered an Act of God if it results from
or is contributed to by the intentional or deliberate act or negligence of the owner
that may have been prevented by the exercise of reasonable diligence or ordinary
care. When an Act of God combines or occurs with the intentional or deliberate act
or negligence of the owner and the damage necessitating the reconstruction would
not have resulted but for the owner's intentional or deliberate act or negligence or
omission the event shall not be considered an Act of God. [Amd. Ord. 17-95
3/21/95]
1.3 - 4
Date: September 7,2006
AGENDA ITEM NUMBER:
-\:;{ . ~
AGENDA REOUEST
Request to be placed on:
_ _ Consent Agenda
x
Regular Agenda
_ Workshop Agenda _ Special Agenda
When: September 19. 2006
Description of agenda item (who, what, where, how much):
Consideration of an ordinance amending Chapter 96 to modify fees charged by the City of
Delray Beach for emergency medical transportation services provided by the Fire-Rescue
Department.
Recommendation: Approve the ordinance.
Department Head Signature: V ~ ~. '---
-,
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No Initials:
Account Number
Description
Account Balance:
Funding Altematives:_
(if applicable)
City Manager Review:
Approved for Agenda'& / No Initials, -zrt1
Hold Until:
Agenda Coordinator Review:
Received:
MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER 1JY\
AGENDA ITEM : 'l~. L REGULAR MEETING OF OCTOBER 3,2006
ORDINANCE NO. 58-06 (AMENDING LDR SECTION 4.6.9(E)
"LOCATION OF PARKING SPACES")
SEPTEMBER 29, 2006
TO:
SUBJECT:
DATE:
This ordinance is before Commission for first reading to amend Land Development Regulation
(LDR) Section 4.6.9(E), "Location of Parking Spaces".
A privately-initiated text amendment to Land Development Regulation (LDR) Section 4.6.9(E) has
been submitted by New Urban Communities. The applicant's proposed Amendment (Ordinance 57-
06), would allow developers to receive credit towards a project's required parking for new on-street
parking constructed in adjacent right-of-way. The Amendment as proposed will provide for a 100%
credit toward meeting the required parking.
The staff proposed ordinance (Ordinance 58-06) provides for a 50% credit rather than 100%. Staff
feels a credit of 50% is more reasonable as it provides a benefit to both the general public and the
developer and is consistent with similar type of credit offered with the In-Lieu of Parking and Public
Parking Fee programs.
Unlike credit offered with the In-Lieu of Parking and Public Parking Fee programs which are limited
to property immediately adjacent to the subject property, the proposal suggests that credit should be
given for the construction of additional on-street parking spaces on the opposite side of the right-of-
way directly and wholly abutting the lot or parcel. Theses spaces are to be counted towards the on-
site parking requirement for the lot or parcel it is intended to serve, when the adjacent property is a
railroad, waterway, park, or other public open space.
Although staff is confident that railroads and waterways are unlikely to be redeveloped; the same is
not necessarily true for parks or other public open space. Therefore staff supports crediting for
public parking spaces on the opposite side of the street when adjacent to railroads and waterways but
not parks or other public open spaces, This change is reflected in the staff recommended ordinance
(Ordinance 58-06).
A summary of the review by various boards is included in the attached staff report.
Recommend approval of Ordinance 58-06 on first reading.
S:\City Clerk\agenda memos\Ord 58-06 Amend WR See 4.6.9(E).10.03.06
FROM: , PARKING MANAGEMENT SPECIALIST
SUBJECT: MEETING OF OCTOBER 3, 2006 - REGULAR AGENDA
REVIEW A PRIVATELY INITIATED AMENDMENT TO SECTION 4.6.9(E)
OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO PROVIDE
CREDIT TOWARDS REQUIRED PARKING FOR DEVELOPERS
CONSTRUCTING NEW ON-STREET PUBLIC PARKING IN ADJACENT
RIGHTS-OF-WAY
TO: ITY MANAGER
THRU: CTOR OF PLANNING & ZONING
A privately-initiated text amendment to Land Development Regulations (LDR) Section 4.6.9(E) has
been submitted by New Urban Communities. The proposed amendment, (see attached), would
allow developers to receive credit towards a project's required parking for new on-street parking
constructed in the right-of-way immediately adjacent to the development and on the opposite side
of the right-of-way directly and wholly abutting the lot, or parcel. The amendment, as proposed,
would provide for 100% credit toward meeting the projects required parking spaces. This creates
two concerns, the first being that spaces constructed in the public right-of-way are not exclusive to
the adjacent development and must be available to the public on a first come first serve basis. The
second concern is that under a 100% scenario private development is utilizing public property to
accommodate the private parking requirements allowing for more intense development of private
property, while providing no excess additional parking spaces over those required. Although staff
agrees that some sort of credit should be given to developers constructing new on-street public
parking spaces, the 100% crediting seems exorbitant. Staff feels a credit of 50% is more
reasonable as it provides a benefit to both the general public (providing additional on-street parking
over and above required) and the developer (50% reduction of on-site Parking) and is consistent
with similar type of credit offered with the In-Lieu of Parking and Public Parking Fee programs
already codified in Land Development Regulations (LDR) Sections 4.6.9(E)(3) and (4). Under this
scenario the public allows utilization of public property in exchange for the construction of new on-
street parking spaces over and above the projects required parking (up to 50% of total on-street
parking spaces).
Unlike credit offered with the In-Lieu of Parking and Public Parking Fee programs which are limited
to property immediately adjacent to the subject property, the proposal suggests that credit should
be given for the construction of additional on-street parking spaces on the opposite side of the right-
of-way directly and wholly abutting the lot, or parcel. These spaces are to be counted towards the
on-site parking requirement of the lot or parcel it is intended to serve, when the adjacent property is
a railroad, waterway, park, or other public open space. Although staff is confident that railroads and
waterways are unlikely to be redeveloped the same is not necessarily true for parks or other public
open space. It may not be appropriate to utilize these areas (parks or other public open space) to
accommodate the required parking of adjacent development as it may affect the ability to utilize this
proposed ordinance to accommodate parking for any redevelopment of the site. Additionally, if
spaces are constructed in the future, it is likely that the spaces would be eliminated to provide
access to the development thus mitigating the number of spaces provided for the previous
development. Therefore, staff supports crediting for public parking spaces on the opposite side of
the street when adjacent to railroads and waterways but not parks or other public open spaces.
City Commission Staff Report
Meeting October 3, 2006
Parking Credit Text Amendment
Page 2 of 10
Staff has researched this type of crediting in other cities through the Innovation Groups Knowledge
Resource Center (an intergovernmental website) and has found that other cities do have similar
provisions incorporated in their development regulations varying in the number of allowable spaces
to be credited and in most cases limitations to crediting along frontage of properties only.
Attached for you review are Ordinance 57-06, as proposed by the applicant and corrected by staff
to include City of Delray Beach standard verbiage and P & Z Board Action and Ordinance 58-06
(also referred to as Exhibit "A" in the review by others section below) as modified by staff to reduce
allowed credit from 100% to up to 50 %.
Pineapple Grove Main Street Board (PGMS): At its meeting of September 6, 2006, the Board
recommended approval of the proposed text amendment as modified by staff and outlined in
Exhibit "A".
Downtown Development Authority (DDA): At its meeting of September 11, 2006, the Board
recommended approval of the proposed text amendment as modified by staff and outlined in
Exhibit "A". Reference was made to limiting the number of credited spaces to 25% of the
development's required parking in addition to the provision of landscape nodes, lighting and
sidewalks.
Parking Management Advisory Board (PMAB): At its meeting of September 6,2006, the Board
recommended approval of the proposed text amendment as modified by staff and outlined in
Exhibit "A".
West Atlantic Redevelopment Coalition (WARC): At their meeting of September 13, 2006, the
Board recommended approval of the applicant's request as proposed.
Community Redevelopment Agency (CRA): At its meeting of September 21, 2006, the Board
recommended approval of the applicant's request as proposed.
Planning & Zoning Board (P&Z): At its meeting of September 18, 2006, the Board recommended
approval of the proposed text amendment as modified by staff and outlined in Exhibit "A".
Recommend approval of the attached amendment to the Land Development Regulations Section
4.6.9(E), as modified by staff in Ordinance # 58-06, 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:
o Letter of Request
o Ordinance 57-06 (Proposed by Applicant)
o Ordinance 58-06 (Proposed by Staff)
City Commission Staff Report
Meeting October 3, 2006
Parking Credit Text Amendment
Ordinance 48-06
Page 2 of 10
Staff has researched this type of crediting in other cities through the Innovation Groups Knowledge
Resource Center (an intergovernmental website) and has found that other cities do have similar
provisions incorporated in their development regulations varying in the number of allowable spaces
to be credited and in most cases limitations to crediting along frontage of properties only.
Pineapple Grove Main Street Board (PGMS): At its meeting of September 6, 2006, the Board
recommended approval of the proposed text amendment as modified by staff and outlined in
Exhibit "A".
Downtown Development Authority (DDA): At its meeting of September 11, 2006, the Board
recommended approval of the proposed text amendment as modified by staff and outlined in
Exhibit "A", Reference was made to limiting the number of credited spaces to 25% of the
development's required parking in addition to the provision of landscape nodes, lighting and
sidewalks.
Parking Management Advisory Board (PMAB): At its meeting of September 6,2006, the Board
recommended approval of the proposed text amendment as modified by staff and outlined in
Exhibit "A".
West Atlantic Redevelopment Coalition (WARC): At their meeting of September 13, 2006, the
Board recommended approval of the applicant's request as proposed.
Community Redevelopment Agency (CRA): At its meeting of September 21, 2006, the Board
recommended approval of the applicant's request as proposed.
Planning & Zoning Board (P&Z): At its meeting of September 18,2006, the Board recommended
approval of the proposed text amendment as modified by staff and outlined in Exhibit "A".
Recommend approval of the attached amendment to the Land Development Regulations Section
4.6.9(E), as modified by staff in Exhibit "A", 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:
o Letter of Request
o Proposed Ordinance
o Exhibit "A"
ORDINANCE NO. 57-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING ARTICLE 4.6,
"SUPPLEMENTAL DISTRICT REGULATIONS" OF THE LAND
DEVELOPMENT REGULATIONS BY AMENDING SECTION
4.6.9(E), "LOCATION OF PARKING SPACES"; SUBSECTION
4.6.9(E)(1) AND (2) TO PROVIDE CREDIT TOWARDS
REQUIRED PARKING FOR THE CONSTRUCTION OF NEW ON-
STREET PUBLIC PARKING IN ADJACENT RIGHTS-OF-WAY;
PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, public parking facilities in the City's downtown area have been identified as a
need in the City's Comprehensive Plan, Downtown Delray Beach Master Plan, and Parking Master
Plan;
WHEREAS, the Downtown Delray Beach Master Plan promotes the creation of on-street
parking and shared parking facilities in lieu of separate surface lots serving individual businesses;
and,
WHEREAS, in order to address the need to provide public parking spaces and provide an
incentive for the creation of on-street parking, parking requirements may be met by the
construction of additional on-street parking when the provisions of Sections 4.6.9(E)(3) and
4.6.9(E)(4) are not available; and
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the
proposed text amendment at a public hearing held on September 18, 2006, and voted 7 to 0 to
recommend that instead of this Ordinance 57-06, that Ordinance 58-06 be approved by the
Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That Article 4.6, "Supplemental District Regulations", of the Land Development
Regulations is hereby amended by amending 4.6.9(E), "Location of Parking Spaces", Subsections
4.6.9(E)(1) and 4.6.9(E)(2) to read as follows:
(E) Location of Parking Spaces:
(1) Street parking, parking located in the public right-of-way, or parking located in public
parking facilities shall not be used to satisfy on-site parking requirements, except as provided for
herein. The terms "on-site parking" and "off-street parking" are synonymous. However, pursuant to
the requirements of Section 4.6.9(E)(3)(e) and Section 4.6.9(E)(4)(d), the construction of additional
on-street public parking may reduce the number of in-lieu and public parkinq fee spaces required.
(2) Required off-street parking shall be provided on the same lot, or parcel, as the building
and uses for which it is required, except as provided for within this Subsection (E). When the
provisions of Sections 4.6.9(E)(3) or 4.6.9(E)(4) cannot be applied and where adequate riqht-of-
way exists, construction of additional on-street parkinq spaces directly and wholly abuttinq the lot,
or parcel. may be counted towards the off-street parkino requirement of the lot or parcel it is
intended to serve. provided that:
(a) Such parkinq spaces are clearly marked on the site plan and desianed in accordance
with appropriate City. County or State standards. as applicable; and.
(b) Such parkinq spaces shall be publicly accessible and cannot be reserved or restricted
by the owner(s) or tenant(s) of the lot or parcel. unless approved by the City Commission
for special events or valet parkina.
One parkina space credit shall be oiven for each full space abuttina a lot or parcel. No part of an
on-street parkino space shall extend past a side property line of the lot it serves, unless the on-
street parkino is planned to serve multiple properties. as approved by the appropriate Board in
coniunction with a site plan. On-street parkina located on the opposite side of the riqht-of-way. and
within the property lines. as extended to the opposite side of the riqht-of-way. may be counted
toward fulfillino the off-street parkina reauirement when the adiacent lot is a railroad. waterway.
park. or other public open space. and it does not warrant parkina. In the event the City. County or
State removes the parkino spaces at any time for a public purpose. the property shall be
considered lawfully nonconformino with respect to parkino.
Section 3. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the remainder hereof as a whole or part
thereof other than the part declared to be invalid.
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 5. That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of , 2006.
MAYOR
ATTEST:
CITY CLERK
First Reading
Second Reading
ORDINANCE NO. 58-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING ARTICLE 4.6,
"SUPPLEMENTAL DISTRICT REGULATIONS" OF THE LAND
DEVELOPMENT REGULATIONS BY AMENDING SECTION
4.6.9(E), "LOCATION OF PARKING SPACES"; SUBSECTION
4.6.9(E)(1) AND (2) TO PROVIDE CREDIT TOWARDS
REQUIRED PARKING FOR THE CONSTRUCTION OF NEW
ON-STREET PUBLIC PARKING IN ADJACENT RIGHTS-OF-
WAY; PROVIDING A SAVINGS CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, public parking in the City's downtown area has been identified as a need in
the City's Comprehensive Plan, Downtown Delray Beach Master Plan, and Parking Master Plan;
WHEREAS, the Downtown Delray Beach Master Plan promotes the creation of on-street
parking and shared parking facilities in lieu of separate surface lots serving individual businesses;
and,
WHEREAS, in order to address the need to provide public parking spaces and provide an
incentive for the creation of on-street parking, parking requirements may be met by the
construction of additional on-street parking when the provisions of Sections 4.6.9(E)(3) and
4.6.9(E)(4) are not available; and,
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the
proposed text amendment at a public hearing held on September 18, 2006, and voted 7 to 0 to
recommend that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the change is consistent with and
furthers the goals, objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That Article 4.6, "Supplemental District Regulations", of the Land Development
Regulations is hereby amended by amending 4.6.9(E), "Location of Parking Spaces",
Subsections 4.6.9(E)(1) and 4.6.9(E)(2) to read as follows:
(E) Location of Parking Spaces:
(1) Street parking, parking located in the public right-of-way, or parking located in public
parking facilities shall not be used to satisfy on-site parking requirements, except as provided for
herein. The terms "on-site parking" and "off-street parking" are synonymous. However, pursuant
to the requirements of Section 4.6.9(E)(3)(e) and Section 4.6.9(E)(4)(d). the construction of
additional on-street public parking may reduce the number of in-lieu and public parkina fee
spaces required.
(2) Required off-street parking shall be provided on the same lot, or parcel, as the building
and uses for which it is required, except as provided for within this Subsection (E). When the
provisions of Sections 4.6.9(E)(3) or 4.6.9(E)(4) cannot be applied and where adeauate riaht-of-
way exists. construction of additional on-street parkino spaces directly and wholly abuttina the lot.
or parcel. may be counted towards the off-street parkino reauirement of the lot or parcel it is
intended to serve. provided that:
(a) The adiacent rioht-of-way has not been previously utilized for parkino or. in cases
where the adiacent riaht-of-way has been used for parkino only those spaces in addition
to the number of existino spaces shall be counted:
{a.}(b) Such parkino spaces are clearly marked on the site plan and desioned in
accordance with appropriate City, County or State standards. as applicable: and.
{b.}(c) Such parkina spaces shall be publicly accessible and cannot be reserved or
restricted by the owner(s) or tenant(s) of the lot or parcel. unless approved by the City
Commission for special events or valet parkina.
One p3rkina space Up to 50% credit shall be oiven for each additional full space constructed
abuttina a lot or parcel. No part of an on-street parkina space shall extend past a side property
line of the lot it serves. unless the on street p3rkina is pl3nned to serve multiple properties, 3S
3pproved by the 3ppropri3te B03rd in coni unction with 3 site pl3n. On-street parkina located on
the opposite side of the rioht-of-way. and within the property lines, as extended to the opposite
side of the rioht-of-way. may be counted toward fulfillino the off-street parkina reauirement when
the adiacent lot is a railroad or waterway.. P3rk. or other public open SP3ce. and it does not
warrant parkino. In the event the City. County or State removes the parkina spaces at any time
for a public purpose. the property shall be considered lawfully nonconformino with respect to
parkino.
Section 3. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the remainder hereof as a whole or part
thereof other than the part declared to be invalid.
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 5. That this ordinance shall become effective immediately upon its passage
on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of , 2006.
ATTEST:
MAYOR
CITY CLERK
First Reading
Second Reading
August 4, 2006
Mr. Paul Dorling, AICP
Director of Planning and Zoning
100 N.W. 1st Avenue
Delray Beach, FL 33444
Re: LDR Amendment Request - On-street Parking Credit
Dear Paul:
Please accept this request for an amendment to the Land Development Regulations 4.6.9(E),
"Location of Parking Spaces" to establish alternative provisions for accommodating required
parking. The proposal is to amend Sections 4.6.9(E)(1) and (E)(2) to provide a credit for the
construction of additional on-street parking abutting a property, when the In-Lieu provisions of
Section 4.6.9(E}(3) and Public Parking Fee provisions of Section 4.6.9(E)(4) cannot be applied.
The following is the proposed language:
LDR Section 4.6.9(El:
(E) Location of Parking Spaces:
(1) Street parking, parking located in the public right-of-way, or parking located in public
parking facilities shall not be used to satisfy on-site parking requirements, except as provided for
herein. The terms "on-site parking" and "off-street parking" are synonymous. However, pursuant to
the requirements of Section 4.6.9(E)(3)(e) and Section 4.6.9(E)(4)(d), the construction of additional
on-street public parking may reduce the number of in-lieu and public parkinQ fee spaces required.
(2) Required off-street parking shall be provided on the same lot, or parcel, as the building
and uses for which it is required, except as provided for within this Subsection (E). When the
provisions of Sections 4.6.9(E)(3) or 4.6.9(E)(4) cannot be applied and where adequate riQht-of-
way exists, construction of additional on-street parkinQ spaces directlv and whollv abuUinQ the lot.
or parcel. may be counted towards the off-street parkinQ requirement of the lot or parcel it is
intended to serve, provided that:
(a) Such parkinQ spaces are c1earlv marked on the site plan and desiQned in accordance
with appropriate City. County or State standards. as applicable; and,
(b) Such parkinQ spaces shall be publiclv accessible and cannot be reserved or restricted
bv the owner(s) or tenant(s) of the lot or parcel. unless approved bv the City Commission
for special events or valet parkinQ.
One parkina space credit shall be Qiven for each full space abuttina a lot or parcel. No part of an
on-street parkina space shall extend past a side property line of the lot it serves. unless the on-
street parkina is planned to serve multiple properties, as approved bv the appropriate Board in
coniunction with a site plan. On-street parkina located on the opposite side of the riQht-of-wav. and
within the property lines, as extended to the opposite side of the riQht-of-wav. may be counted
toward fulfillinQ the off-street parkinQ requirement when the adiacent lot is a railroad. waterway.
park, or other public open space. and it does not warrant parkinQ. In the event the City. County or
State removes the spaces at any time for a public purpose, the property shall be considered
lawfullv nonconforminq with respect to parkinq.
LDR Section 2.4.5lMlC5} lFindinas}: Pursuant to LDR Section 2.4.5(M}(5} (Findings), in
addition to LDR Section 1.1.6(A), the City Commission must make a finding that the text
amendment is consistent with and furthers the Goals, Objectives and Policies of the
Comprehensive Plan.
A review of the Goals, Objectives and Policies of the adopted Comprehensive Plan was conducted
and the following applicable objectives and policies are noted:
Future Land Use Element Obiective C-4
The Central Business District (CBD) represents the essence of what is Delray Beach i.e. a "village
like, community by the sea". The continued revitalization of the CBD is essential to achieving the
overall theme of the City's Comprehensive Plan of '~ City Set Apart In South Florida". The
following policies and activities shall be pursued in the achievement of this objective.
Future Land Use Element Policy C-4.1: The Central Business District (CBD) zoning district
regulations shall facilitate and encourage rehabilitation and revitalization and shall, at a minimum,
address the following:
. . . .accommodating parking needs through innovative actions.
. . . .incentives for mixed use development and rehabilitation.
Future Land Use Element Policy C-4.2: The "Downtown Delray Beach Master Plan" was adopted
by the City Commission on March 19, 2002. Covering the downtown business districts surrounding
the Atlantic Avenue corridor between 1-95 and A-1A, it represents the citizens' vision for the growth
and unification of Delray Beach, while still retaining the "village like, community-by-the-sea"
character of the CBD. The Plan addresses a wide range of issues including infill development,
neighborhood parks, shared parking, public art, the roadway and alley systems,
marketing/economic development, and the need to modify the Land Development Regulations to
include design guidelines to retain the character of Delray Beach. Future development and
redevelopment in this area shall be consistent with the Master Plan.
Future Land Use Element Policy C-1.7 The following pertains to the Southwest Neighborhood
Redevelopment Area:
This area is generally defined as the area bounded by West Atlantic Avenue on the north, SW 1cJh
Street on the south, Interstate 95 on the west, and Swinton Avenue on the east.
Many of parcels in the area contain vacant or dilapidated structures, substandard parking and
substandard landscaping. The area also contains residential areas identified as "Rehabilitation" on
the Residential Neighborhood Categorization Map contained in the Housing Element.
The Southwest Area Neighborhood Redevelopment Plan was adopted by the City Commission at
its meeting of June 3, 2003. The Plan establishes a blueprint for the revitalization and stabilization
of the area. The Southwest Area Neighborhood Redevelopment Plan is divided into five sub-areas
based upon current and proposed land uses. The sub-areas serve to define potential boundaries
for the phased implementation of the various plan components. Future development in the area
must be in accordance with the provisions of the Redevelopment Plan.
Within the CBD, the most flexible parking requirements are provided for those properties located
within one block of Atlantic Avenue, where the existing and proposed public parking facilities are
located. These areas also have the ability to accommodate parking through the In-Lieu Fee and
Public Parking Fee provisions rather than providing all the required parking on-site. The provisions
allow up to 50% of the on-street parking provided to be credited to the abutting property. While
these innovative approaches are appropriate and promote shared parking, they are not available
for new development, as the In-Lieu Fee cannot be applied to new development, and the Public
Parking Fee is not available to properties not located within 600' of a programmed public parking
facility.
Where these alternative provisions to accommodate required parking are not available,
consideration should be given to allow a property to take credit for the construction of additional
on-street parking spaces abutting the property the spaces are intended to serve. The Downtown
Master Plan identifies a preponderance of surface parking lots throughout the downtown, noting
how such lots damage the pedestrian-oriented environment that the City is striving to achieve. The
plan promotes the creation of on-street parking and shared parking facilities in lieu of separate
surface lots serving individual businesses. One way to achieve that objective is to credit a property
for providing additional on-street parking, instead of providing all of the parking on site.
While the Master Plan recommended relaxing the parking requirements and establishing a
maximum requirement, this alternative enables the City.to achieve the goals of providing additional
public parking and shared parking without modifying the parking requirements. Methods of
providing shared parking on private property have been challenging for the City as property owners
have been apprehensive or are not willing to participate due to a variety of reasons. Thus, in many
cases there are parking lots that are not utilized to their fullest extent. As on-street parking spaces
cannot be reserved or restricted for a specific use or property, the proposed text amendment
implements the shared parking concepts envisioned in the Downtown Delray Beach Master Plan,
by providing shared parking in a manner conveniently available to customers and visitors alike.
As land values and construction costs increase, achieving the goal of providing parking becomes
more difficult. It has been assumed that all development will provide on-street parking, however
there is a cost associated with this. While sufficient parking is necessary, it is important that
unnecessarily large parking lots are avoided. In order to provide parking in a more efficient
manner, it is reasonable to credit a property owner for providing on-street public parking spaces.
As the downtown area continues to redevelop and the City embraces new urbanism and smart
growth principles, opportunities should be made available for properties on the periphery of the
CBD as well as other areas where on-street parking is encouraged or required (Le. Southwest
Neighborhood) to allow for credit for the provision of on-street parking. The proposed amendment
provides an innovative approach to address the City's parking needs and would permit this to
occur in a manner that is consistent with the shared parking concepts in the City's Downtown
Delray Beach Master Plan.
Delrav Beach Parkin" Master Plan:
The City's Parking Master Plan has been created to address the parking challenges that exist in
the City's downtown area. The Plan identifies the parking inventory and parking needs in the three
geographical areas of the City's downtown (West Atlantic Neighborhood, Central Core District,
Beach Area), potential parking structur~ locations and funding sources. In the analysis of the West
Atlantic Neighborhood section of the Plan, it is recognized new developments will most likely
provide on-street parking in addition to fulfilling the on-site requirement. The importance of on-
street parking throughout the downtown area should be emphasized as an option to provide
convenient easily accessible shared public parking encouraged throughout the downtown area.
Crediting or counting of on-street spaces is not an uncommon practice and is encouraged in many
cities as it provides convenient shared parking at the best location to serve properties. As stated
previously, the City currently allows up to 50% of the on-street parking to be credited when on-
street parking is constructed in conjunction with the application of the In-Lieu Fee and Public
Parking Fee provisions of Sections 4.6.9(E)(3) and 4.6.9(E}(4). Thus, allowing a property to take
credit for the on-street parking when the aforementioned provisions are not available is reasonable
and appropriate. Based upon the above, the proposed text amendment is consistent with and
furthers the Goals, Objectives and Policies of the Comprehensive Plan.
Should you have any questions or need additional informational, please do not hesitate to contact
me at 279-8706 ext. 214. Thank you for your assistance on this matter.
Sincerely,
Jeffrey A. Costello, AICP
Director of Planning
Attachment: Proposed Ordinance
C: Tim Hernandez, Principal, New Urban Communities
Kevin Rickard, Principal, New Urban Communities