10-17-06 Agenda Reg
City of Delray Beach
Regular Commission Meeting
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Tuesday. October 17.2006
Regular Meeting 6:00 p.m.
Public Hearings 7:00 p.m.
Commission Chambers
Delray Beach City Hall
100 NW 1st Avenue
Delray Beach, Florida 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.
s. APPROVAL OF MINUTES:
. October 3, 2006 - Regular Meeting
. October 10, 2006 - Workshop Meeting
6. PROCLAMATIONS:
A. Family Literacy Month - November 2006
7. PRESENTATIONS:
A. RESOLUTION NO. 35-06: Recognizing and commending Jack Ceasar for 35 years
of dedicated service to the City of Delray Beach
B. Recognizing and Commending the Delray Beach Police Department Vice,
Intelligence and Narcotics Section for receiving the Statewide Unit Citation Award
C. Recognizing and Commending the City of Delray Beach for receiving the Gold
Medalist Partner in Education Award - Jerry Crocilla, Academy Coordinator
D. "Spotlight on Education" - Audra Marks, CEO of New Innovations
8. CONSENT AGENDA: City Manager Recommends Approval.
A. FINAL SUBDIVISION PLAT APPROVAL/ATLANTICA DELRAY: Approve
the final subdivision plat for Atlantica Delray, located between N.E. 7th Avenue and
N.E 6th Avenue (northbound Federal Highway), approximately 150 feet north of
George Bush Boulevard.
B. REOUEST FOR SIDEWALK DEFERRAL/217 AND 223 NORTHWEST 15th
AVENUE: Approve a request to defer the installation of a sidewalk in front of 217
Northwest 15th Avenue and 223 Northwest 15th Avenue. Staff recommends approval.
C. REOUEST FOR SIDEWALK DEFERRAL/2220 WEST PINE RIDGE
COURT: Approve a request to defer the installation of a sidewalk in front of 2220
West Pine Ridge Court. Staff recommends approval.
D. ACCEPTANCE OF RIGHT-OF-WAY DEED/MAROONE FORD: Approve
and accept a right-of-way deed associated with the Maroone Ford Overflow Parking Lot
located at 1620 Wallace Drive.
10-17-2006
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E. CORRECTED CHANGE ORDER NO.4 (CONTRACT CLOSEOUT)/FINAL
PAYMENT /RANGER CONSTRUCTION INDUSTRIES. INC.l2005
STREET RESURFACING PROJECT: Approve Corrected Change Order No.4
(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 to split the funding between 334-3162-541-61.17
(General Construction Fund/200s Resurfacing) for $2,500.00 and 551-1575-591-45.50
(Insurance Fund/Property Claims) for $15,123.16.
F. SERVICE AUTHORIZATION NO. 3.2/MATHEWS CONSULTING, INC.:
Approve Service Authorization No. 3.2 to Mathews Consulting, Inc. in the amount of
$19,907.00 for performing construction administration; specialty, substantial, and final
inspections; review of as-built drawings; and coordination of the Palm Beach County
Health Department (PBCHD) Water Main Certification for the Country Club Acres
Infrastructure Improvements Project. Funding is available from 448-5461-538-65.86
(Storm Water Utility Fund/Country Club Acres).
G. SERVICE AUTHORIZATION NO. 1.3/CH2M HILL. INC.: Approve Service
Authorization No. 1.3 for CH2M Hill, Inc. (Amendment No. 3 to Service
Authorization No.1) in the amount of $20,000.00 for professional services related to
the Aquifer Storage and Recovery Well. Funding is available from 442-5178-536-46.90
(Water/Sewer Renewal & Replacement/Other Repair & Maintenance Costs).
H. CONTRACT AWARDS/SERVICE AUTHORIZATION NO. l/CURRIE.
SOWARDS. AGUILA ARCHITECTS: Approve a contract award and Service
Authorization No.1 in the amount of $221,500.00 to Currie, Sowards, Aguila Architects
for professional consulting services related to the replacement of Fire Station #4 on
Lake Ida Road at Barwick Road. Funding is available from 334-6112-522-62.88
(General Construction Fund/Fire Station #4).
I. SERVICE AUTHORIZATION NO. 1.3/KIMLEY-HORN AND
ASSOCIATES. INC.: Approve Service Authorization No. 1.3 in the amount of
$197,085.00 to Kimley-Hom and Associates, Inc. for professional consulting services
related to the improvements of the City's Soccer Complex at the old Atlantic High
School site. Funding is available from 380-4150-572-63.49 (parks & Recreation Bond
Fund/Soccer Complex).
J. INTERLOCAL AGREEMENT /PALM BEACH COUNTY: Approve an
Interlocal Agreement between the City and Palm Beach County for the design and
installation of pedestrian countdown signals at the intersections of northbound US 1
(Federal Highway) at East Atlantic Avenue and southbound US 1 (Federal Highway) at
East Atlantic Avenue. Funding is available from 334-3162-541-64.57 (General
Construction Fund/Pedestrian Countdown Signals).
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K. PROPOSAL FOR HOLIDAY PROJECT/YOU ARE NOT ALONE
ORGANIZATION: Approve the Holiday Project proposed by the You Are Not
Alone Organization as discussed at the October 10, 2006 Workshop and provide
funding up to $5,000.00 for mailing packages to armed service personnel. Funding is
available from 001-6311-562-99.99 (General Fund/Other Non-Operating).
L. REVISION /HURRICANE HOUSING ASSISTANCE PLAN (HHAP):
Approve a technical revision to the Hurricane Housing Recovery (HHR) Program,
Hurricane Housing Assistance Plan (HHAP) for Fiscal Years 2005-2008.
M. REOUEST FOR PROPOSAL/SINGLE HEAD AND MULTI SPACE
METERING SYSTEMS: Approve the Request for Proposal (RFP) for the purchase,
installation, and maintenance of single head and multi space meters to convert the
existing metering system currendy in place east of the Intracoastal Waterway.
N. ACCESS AGREEMENT/LION TELEVISION: Approve an access agreement
between the City of Delray Beach and Lion Television for access to the Police
Department and SWAT Unit for filming of the television show, SWAT USA.
O. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
October 2, 2006 through October 13, 2006.
P. AWARD OF BIDS AND CONTRACTS:
1. Bid award to Bermuda Landscape and Design, Inc. in the amount of $59,928.00
for tree and plant replacement and stump removal at the Tennis Center.
Funding is available from 001-4215-575-63.20 (General
Fund/Landscaping/Beautification).
2. Approve Requisition #128779 with RLS Lighting, Inc. in the amount of
$15,968.00 for the purchase of sixteen (16) aluminum litter containers with
fiberglass liner and lids. Funding is available from 433-3711-534-49.90
(Sanitation Fund/Other Current Charges/Obligations).
3. Purchase award to Ten-8 Fire Equipment, Inc. of Bradenton, Florida/Pierce
Manufacturing, Inc. in the amount of $424,599.00 for the purchase of one (1)
2007 Pierce Manufacturing, Inc. Pumper for the Fire Department. Funding is
available from 501-3312-591-64.25 (Central Garage Fund/Heavy Equipment).
4. Purchase award to Hall-Mark Fire Apparatus of Ocala, Florida in the amount of
$208,184.47 via the Florida Sheriffs Association, Bid #05-06-0823 for one (1)
2007 Horton Rescue Transport Unit for the Fire Department. Funding is
available from 501-3312-591-64.25 (Central Garage Fund/Heavy Equipment).
10-17-2006
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5. Purchase award to Sungard H.T.E., Inc. in the amount of $117,480.00 for the
purchase of H.T.E. Mobile Data Browser Software replacing the existing
Motorola Mobile Data Software. Funding is available from 334-6111-521-66.10
(General Construction Fund/Software).
9. REGULAR AGENDA:
A. REOUEST FOR IN-LIEU PARKING SPACES/LEMONGRASS
RESTUARANT: Consider a request from Lemongrass Restaurant for the purchase of
two (2) in-lieu parking spaces in the amount of $31,200.00. Lemongrass Restaurant is
located at 420 East Atlantic Avenue. (Quasi-Judicial Hearing)
B. CONDITIONAL USE EXTENSION / A VENUE EAST (FKA GROVE
SOUARE): Consider an extension request for two (2) conditional use approvals which
allow a building height in excess of 48 feet (54' 3" approved) and residential units in
excess of 30 units per acre (38.2 du/ac approved) for Avenue East (fka Grove Square),
located at the northeast comer of S.E. 1 st Street and S.E. 2nd Avenue. (Quasi-Judicial
Hearing)
C. SPECIAL EVENT REOUEST /RUN FOR MIRACLES/MILAGRO CENTER:
Consider approval and endorsement of the 1 st Annual Run for Miracles sponsored by
the Milagro Center to be held on January 6, 2007 from 7:00 a.m. to approximately 9:00
a.m., to grant a temporary use permit per LDR Section 2.4.6(F) for the closure and use
of A-l-A from Casuarma 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
Drive to A-l-A from 8:00 a.m. until approximately 10:00 a.m.
D. REQUEST TO WAIVE CHARGES/GARLIC FEST 2007: Consider a request
from Nancy Stewart to waive charges for the City services for the 2007 Garlic Fest
being held on February 16,2007 through February 18,2007. Staff recommends denial.
E. REOUEST TO EXTEND CLOSING HOURS FOR SANDOWAY AND
MARRIOTT PARKING LOTS: Consider a request from Mark DeAdey to extend
the closing hours at the Sandoway and Marriott parking lots on October 20, 2006 and
on October 21, 2006 until 11:00 p.m. to accommodate Boston's on the Beach 27th
Anniversary Party.
F. POMPEY PARK BUILDING EXPANSION PROJECT: Presentation and
discussion of options for implementation of the Pompey Park Building Expansion
Project.
G. SHUTTLE SERVICE MARKETING AND GRAPHICS PLAN: Presentation of
the Shutde Service Marketing and Graphics Plans for review and approval.
H. NAMING REOUEST /ROBERT FEDERSPIEL: Consider a request to name the
Southeast 1 st Avenue Parking Garage in honor of Robert "Bob" Federspiel.
10-17-2006
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1. THIRD SETTLEMENT OFFER/CHERYL WRIGHT-DEIGNAN AND
ROBERT DEIGNAN V. CITY: Consider a third Setdement Offer in the amount of
$2,500.00 in Cheryl Wright-Deignan and Robert Deignan v. City. Staff recommends
Commission discretion.
J. RAILROAD INSURANCE/FLORIDA EAST COAST RAILROAD. LLC.
(FEC): Provide direction regarding railroad insurance coverage for the twelve (12)
railroad crossings and four (4) leased parcels adjacent to the FEC railroad tracts.
K. AGREEMENT /NEWSLETTER PRODUCTION SERVICES/POLLACK
COMMUNICATION: Consider approval of a proposal for a one-year agreement
between the City and Pollack Communications for newsletter production services in the
amount of $8,200.00. Funding is available from 001-1316-512-34.90 (General
Fund/Other Contractual Services).
L. APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL:
Appoint four (4) regular members to the Neighborhood Advisory Council for Zone 3,
Zone 4, Zone 5 and Zone 6 to serve three (3) year terms ending October 31, 2009, one
(1) regular member for Zone 3 to serve an unexpired term ending October 31,2007 and
one (1) At Large Representative to serve an unexpired term ending October 31, 2009.
Based upon the rotation system, the appointment will be made by Mayor Perlman (Seat
#5), Commissioner Ellis (Seat #1), Commissioner Fetzer (Seat #2), Commissioner
Levinson (Seat #3), Commissioner Montague (Seat #4) and Mayor Perlman (Seat #5).
10. PUBLIC HEARINGS:
A. ORDINANCE NO. 58-06: Privately initiated amendment to the Land Development
Regulations Section 4.6.9(E) to provide credit towards required parking for the
developers constructing new on-street public parking in adjacent rights-of-way.
B. RESOLUTION NO. 63-06/CONTRACT PURCHASE OF
PROPERTY /COMMUNITY REDEVELOPMENT AGENCY (CRA): Consider
approval of Resolution No. 63-06 authorizing the City to purchase property from the
Delray Beach Community Redevelopment Agency (CRA) for the construction of the
Old School Square Parking Area, located west of Northeast 2nd Avenue and north of
East Atlantic Avenue.
C. RESOLUTION NO. 65-06/2006 COMPREHENSIVE PLAN EVALUATION
AND APPRAISAL REPORT: Consider approval of Resolution No. 65-06 adopting
the 2006 Comprehensive Plan Evaluation and Appraisal Report (EAR) and transmit the
adopted report to the State of Florida Department of Community Affairs.
D. 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 hot air balloons, airplanes, jets and/or helicopters and
motor vehicles shall not be driven on the municipal beach except for authorized uses.
10-17-2006
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E. 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.
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. 60-06: Amending Section 10.99, "General Penalty," of the Code
of Ordinances by adding Civil Citations under Section 37.45 as an Enforcement method
adopted by the City. If passed, a public hearing will be scheduled for November 7,
2006.
B. ORDINANCE NO. 61-06: Amending Section 52.03, "Use of Water from Hydrants,"
of the Code of Ordinances to provide for an increase in the security deposit for hydrant
meters and also provides for a nonrefundable installation/removal fee to cover the cost
of City employees installing and removing the hydrant meter. If passed, a public
hearing will be scheduled for November 7, 2006.
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: OCTOBER 13, 2006
10-17-2006
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OCTOBER 3. 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, October 3, 2006.
1:
Roll call showed:
Present - Commissioner Rita Ellis
Commissioner Fred Fetzer
Commissioner Jon Levinson
Commissioner Brenda Montague
Mayor Jeff Perlman
Absent - None
Also present were - David T. Harden, City Manager
Susan A. Ruby, City Attorney
Chevelle D. Nubin, City Clerk
At this point, Mayor Perlman stated he would like to observe a moment of
silence in memory of James Lamar Shuler, Chairman of the Community Redevelopment
Agency (CRA) who passed away over the weekend.
2.
The opening prayer was delivered by Mayor Perlman.
3.
gIVen.
The Pledge of Allegiance to the flag of the United States of America was
4.
AGENDA APPROVAL.
Mayor Perlman noted the addition of Item 6.B., Proclamation
recoenizine James Lamar Shuler. and additional information for Item 9.B., Contract
Awards/Property & Casualty Insurance Coveraee. Also, Mayor Perlman stated Item
12.C. should read Ordinance No. 57-06 & Ordinance No. 58-06.
Mrs. Ellis moved to approve the Agenda as amended, seconded by Mr.
Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer - Yes; Mr. Levinson
- Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion
passed with a 5 to 0 vote.
5.
APPROVAL OF MINUTES:
Mrs. Ellis moved to approve the Minutes of the Regular Meeting of
September 5, 2006, seconded by Mrs. Montague. Upon roll call the Commission voted
as follows: Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis
- Yes; Mr. Fetzer - Yes. Said motion passed with a 5 to 0 vote.
10/03/06
Mrs. Ellis moved to approve the Minutes of the Regular Meeting of
September 19,2006, seconded by Mrs. Montague. Upon roll call the Commission voted
as follows: Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer-
Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote.
6. PROCLAMATIONS:
6.A. Florida City Government Week - October 15-21. 2006
Mayor Perlman read and presented a proclamation hereby proclaiming the
week of October 15, through October 21, 2006 as Florida City Government Week.
Robert A. Barcinski, Assistant City Manager came forward to accept the proclamation.
6.B. Recoenizine James Lamar Shuler
Mayor Perlman read a proclamation recognizing James Lamar Shuler and
noted it will be mailed. In addition, he stated the funeral arrangements are set for
October 11,2006, at 10:00 a.m. at St. Thomas More in Boynton Beach.
7.A. PRESENTATIONS:
None.
8.
CONSENT AGENDA: City Manager Recommends Approval.
8.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).
8.B. REQUEST 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.
8.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).
8.D. CHANGE ORDER NO. 4 (CONTRACT CLOSEOUTl(REVISED
FiNAL PAYMENTIROSSO PAVING AND DRAINAGE. INC./N.E. 4T 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
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10/03/06
(General Construction Fund/N.E. 4th Avenue).
S.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/ SeasagelMelaleuca/Oleander).
S.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.
S.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.
S.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.
S.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.
S.J. CLUB CAR. INC./GOLF 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).
S.I{. MOVED TO THE REGULAR AGENDA AS ITEM 9.M.
S.L. INTERLOCAL AGREEMENT/PALM BEACH
COUNTYIDROWNING 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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10/03/06
8.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.
8.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).
8.0. SPECIAL EVENT REOUESTIHALLOWEEN 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. 1 st Avenue to
Veterans Park, staff support for traffic control and security; contingent upon the receipt of
a hold harmless agreement.
8.P. SPECIAL EVENT REQUESTI7TH 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 p.m., to grant a temporary use permit per LDR Section 2.4.6(F~
for the use of N.E. 2nd Avenue from the alley just north of Atlantic Avenue to NE 4
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.
~ SPECIAL EVENT REQUEST/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.
8.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.
8.S. AWARD OF BInS 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
-4-
10/03/06
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).
Mr. Fetzer moved to approve the Consent Agenda, seconded by Mrs.
Montague. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs.
Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes. Said motion
passed with a 5 to 0 vote.
At this point, Mr. Levinson stated the Palm Beach County Drowning
Prevention Coalition and noted the biggest problem every year is getting enough kids to
take the drowning prevention classes (regarding Item 8.L.).
9.
REGULAR AGENDA:
9.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.
The City Manager stated this Memorandum of Understanding incorporates
all the changes to the current contract that the City Commission had discussed and agreed
to. He stated it has been voted on and accepted by the fire fighters, and staff recommends
approval.
Mr. Fetzer moved to approve and ratify the Memorandum of
Understanding with the Professional Fire Fighters, and Paramedics of Delray Beach,
Local 2928, effective until September 30, 2007, seconded by Mrs. Ellis. Upon roll call
the Commission voted as follows: Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson -
Yes; Mrs. Montague - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0
vote.
Mike McCleary, District Vice President for Local 2928, thanked the City
Commission.
9.B. CONTRACT A W ARDS/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 I, 2006.
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Frank Babin, Risk Manager, introduced Lisa Rodriguez, Vice President of
Arthur J. Gallagher and Judy Arenz, Area Vice President of Arthur J. Gallagher.
Mr. Babin stated on the spreadsheet, Plan A is included in all the
proposals and includes the cost of all insurance lines except for the excess property. The
package policy premiums provide the City's liability, workers' compensation, and
primary property insurance. The liability insurance and the workers' compensation
insurance coverage will renew without any change in the coverage or the limits. Mr.
Babin briefly reviewed the City of Delray Beach Protected Self-Insurance Program
Proposal for Fiscal Year 2006-2007.
Prior to the vote, brief discussion continued between staff and the
Commission.
Mr. Levinson moved to approve the A + P5 Package, seconded by Mrs.
Ellis. Upon roll call the Commission voted as follows: Mr. Fetzer - Yes; Mr. Levinson-
Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion passed
with a 5 to 0 vote.
9.C. CONDITIONAL USE EXTENSION AND WAIVER
REQUESTS/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 (LDR) Section 2.4.4(F)(3)(a) for Avenue East (flk/a Grove Square), located
at the northeast comer ofS.E. 1st Street and S.E. 2nd Avenue. (Quasi-Judicial Hearing)
Mayor Perlman read into the record the City of Delray Beach procedures
for a Quasi-Judicial Hearing for this item and all subsequent 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 met with representatives from Faison and
Michael Weiner. Mrs. Montague stated she met with Michael Weiner. Mayor Perlman
stated he met with Michael Weiner and representatives from Faison. Mrs. Ellis and Mr.
Fetzer stated they too met with Michael Weiner and representatives from Faison.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2004-287 into the record.
Mr. Dorling stated the proposal consists of a request to extend two
Conditional Use approvals; one for building height in excess of 48 feet (54 feet 3 inches
was approved), and the second to allow residential units in excess of 30 units per acre
(the approved plan shows 38.2 units per acre). He stated there is also a waiver request to
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LDR Section 2.4.4(F)(3)(a). The proposal includes a demolition of an existing four-story
office building and nightclub/bar (flkla City Limits), along with its associated pavilion
and outdoor bar. The new plan shows the construction of a five-story mixed use building
containing 850 square feet of commercial space and 55 dwelling units.
On September 21,2004, the proposal was approved as a Conditional Use,
and the associated site plan was approved on December 15, 2004 by the Site Plan Review
and Appearance Board (SPRAB). This was appealed to the City Commission due to
issues regarding the elevations. Mr. Dorling stated the approval of SPRAB was upheld
on January 18,2005. The elevations were later revised by the applicant and approved by
the City Commission at its meeting of January 18, 2005. The Conditional Uses were
approved for two years and had technically expired on September 21 st. As the applicant
did submit prior to the 45 days as allowed by the Code, staff is considering this as an
extension.
Michael Weiner, Attorney with Weiner and Aronson, 102 N. Swinton
Avenue, Delray Beach, representing the Applicant (Faison-Grove Square, LLC),
distributed booklets and stated one ofthe Conditional Uses was for height in excess of 48
feet, and the second concerned the excess of 30 units per acre. He stated the height was
approved at 54 feet 3 inches and the density was 38.2 units per acre. The height is a full
6 feet 7 inches below what is allowed and the increased density of 8.2 units per acre falls
in the lower half of the density increase the Commission has granted in the past
throughout the CBD (Central Business District). Mr. Weiner explained that the applicant
decided to leave the building standing as opposed to leaving a vacant area. He stated
even though it may have been a better situation to bring down the building and demolish
these properties, the applicant decided a demolition would not necessarily be good for the
site or good for the City. Therefore, Mr. Weiner stated thus the reason for the request for
the waiver and noted they have met the four requirements of Section 2.4.7(B)(5).
Mayor Perlman stated if anyone from the public would like to speak: in
favor or in opposition of the request, to please come forward at this time.
Chevelle D. Nubin, City Clerk, swore in the following individuals who
wished to give testimony on this item.
Sidney Wiles. 717 N. W. 3rd Avenue. Delray Beach. inquired if this is so
hard to do why is the applicant doing it.
The City Attorney explained that this question will be answered during the
rebuttal.
Joann Peart. 107 N.W. 9th Street. Delray Beach. urged the Commission
to not increase the height and density.
There was no cross examination.
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At this point, staffhad the following rebuttal:
Mr. Dorling stated this is the first time he has heard about a possible
condition to re-establish a band shell and noted that if this includes re-establishing any
kind of bar, the applicant would potentially run into some issues with criteria. The
previous City Limits is now located north of Atlantic and this would create an issue with
the separation.
Mr. Weiner stated to obtain demolition permits there are many city hoops
to go through in order to obtain permits. The applicant was reluctant to proceed with
tearing down the buildings.
Mrs. Ellis commented about the $10 million in hard costs and asked if this
is what has been invested in this project. Mr. Weiner stated the money is committed and
spent. Mrs. Ellis also commented about the $80,000.00.
Mr. Levinson stated he will not support the project based upon the fact
that he does not believe the applicant met the criteria, under the code, of providing
significant progress on the project.
Mrs. Montague asked when the anticipated time frame is for construction
to begin. Mr. Weiner stated it is going to be approximately 12-15 months before the start
of construction.
Mr. Fetzer stated if the Commission makes this part of the waiver to build
a temporary pocket park, how soon can this be done and how long will the pocket park be
there. In response, Mr. Weiner stated it will take about 30 days to submit the plans and
since it is not difficult construction, it could probably be done in another 30-45 days
(everything except the band shell). Mr. Weiner stated the temporary pocket park will be
there for approximately one year.
The City Attorney informed Mr. Weiner that this would be an amendment
to the Conditional Use which is a different process than just an extension. The City
Attorney stated the item being discussed this evening is a waiver of the compliance with
the present LDRs.
Mrs. Montague inquired about the construction timeframe of the band
shell, and the utilization. Mr. Weiner stated he believes work could be completed within
sixty (60) days and noted that a temporary band shell could possibly be built instead of a
permanent structure and this may be an easier way to permit it. Mr. Weiner stated this is
currently a band shell on the premise but it is not safe and therefore the structure needs to
be raised. Mr. Weiner stated there are temporary band shells that could be utilized.
Mr. Dorling stated from a processing point of view sixty (60) days is
extremely aggressive and he is not sure if it is realistic. He stated once someone goes
through the Conditional Use process and the building permit process they are in to those
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sixty (60) days if everything is expedited much less construction after that. Also, Mr.
Dorling stated there are issues to start demolishing the structure and getting it ready if
one is going to vest within eighteen (18) months. Mr. Dorling reiterated that the approval
process at sixty (60) days is very aggressive.
Mrs. Ellis stated after the demolition is complete and the applicant meets
the requirements is the applicant constrained by the eighteen (18) months. In response,
Mr. Dorling stated if the applicant meets the twenty-five percent (25%) they are
considered vested and are not further constrained. If the applicant were to not meet the
twenty-five (25%), they would have to come before the Commission for another
extension. However, the way the LDRs are written, Mr. Dorling stated that extension can
be granted without any further review or without additional findings and can continue if
there has been a good faith effort made.
Brief discussion between staff and the Commission continued.
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).
The City Attorney stated since the applicant has to follow the new LDRs
does the applicant wish to proceed further with the extension. Mr. Weiner requested to
table the second portion of the decision.
Mrs. Ellis moved to approve to table the extension to a date certain of
October 17, 2006, seconded by Mr. Fetzer. Upon roll call the Commission voted as
follows: Mr. Levinson - No; Mrs. Montague - No; Mayor Perlman - Yes; Mrs. Ellis -
Yes; Mr. Fetzer - Yes. Said motion passed with a 3 to 2 vote, Commissioner Levinson
and Commissioner Montague dissenting.
The Commission moved to adopt the Board Order (Section 1 only) which
denies the waiver. Upon roll call the Commission voted as follows: Mrs. Montague -
Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes.
Said motion passed with a 5 to 0 vote.
At this point, the time being 7:11 p.m., the Commission moved to the duly
advertised Public Hearings portion of the Agenda.
10.
PUBLIC HEARINGS:
lO.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. Prior to consideration of
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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 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 ADmST 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 read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Paul Dorling, Director of Planning and Zoning, stated the amendments
relate to setbacks and to use provisions of the CBD-zoned property along the west side of
Pineapple Grove WaylN.E. 2nd Avenue between N.E. 3rd Street and N.E. 4th Street. The
current regulations along Pineapple Grove Way to have non-residential uses along the
ground floor and encourages residential uses above. 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 also would seek to
eliminate the requirement for an additional 17-29 foot setback for floors above the second
story to provide a three-story townhouse development. The applicant has requested these
LDR amendments and these came before the Commission on September 5, 2006 and
approved it on first reading. The day before the second reading a compromise was
reached to eliminate the northeastern townhouse and to modify the southeastern
townhouse.
At the City Commission meeting of September 19, 2006, the revised
ordinance was considered at first reading and they recommended approval by a vote of 4
to O. At its meeting of August 21, 2006, the Planning and Zoning Board held a public
hearing in conjunction with the text amendment and also supported it. The project went
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before the Pineapple Grove Main Street (pGMS) Committee and they supported the
elimination of the retail use along the ground floor and the provision of a unified setback
of 5 and 10 feet for the townhouses along Pineapple Grove Way. The Community
Redevelopment Agency (CRA) also considered this at their meeting of August 10, 2006
and recommended approval as did the Downtown Development Authority (DDA) at their
meeting of August 4, 2006.
Garv Eliopoulos. Architect (Applicant). entered his PowerPoint
presentation and resume into the record. He stated the project is the former Publix site
and Post Office and is located at the southwest comer of Pineapple Grove Way and N.E.
4th Street. He stated in the early 1990's he was fortunate enough to have worked with
Currie Partnership which gave him the opportunity to be involved with the original vision
that was being discussed for Pineapple Grove Main Street. Mr. Eliopoulos stated
throughout his entire time on the various City Board's he has never been involved in
approving a project where the developer has come in voluntarily reducing the allowable
density by nearly forty percent (40% - 52 units less) and twenty-five percent (25%)
reduction in the allowed height. He stated the vision for Pineapple Grove was changed
when the four (4) and five (5) story structures were allowed to be built in Pineapple
Grove and commented the original vision was a neighborhood plan in which structures
were to be built two (2) and three (3) stories tall. Mr. Eliopoulos stated Pineapple Grove
Main Street was a neighborhood plan developed by the neighborhood. He briefly
reviewed the architectural renderings and the site specific text amendment. Mr.
Eliopoulos stated by granting this text amendment the Commission will allow the
developer to build a project that will have reduced height, lower density, and provide a
project with a higher quality which makes for a better more respectable transition
between the CBD (Central Business District) and the two abutting historic districts along
the west and north side.
David Schmidt. Attorney. stated the common goal of the Pineapple
Grove Main Street Plan, the Downtown Master Plan, the Cluster Study, and the City's
LDRs is to revitalize the Pineapple Grove Main Street into a vibrant community with a
heavy emphasis on the arts. However, Mr. Schmidt stated a careful reading of the plans
and the LDRs reveal that there are inconsistent methods recommended to achieve that
goal. He stated the Pineapple Grove Plan supported two (2) and three (3) story
residential buildings on Pineapple Grove Way with commercial uses on the first floor.
Although the first floor commercial use was adopted into the LDRs, the height limitation
was not. Mr. Schmidt stated, "Since the public meetings held in 2000 and 2001 that
resulted in the Delray Beach Master Plan, the City Commission has had to adapt to
economic realities". Mr. Schmidt briefly reviewed the Cluster Study and highlighted
some of the economic realities.
Brad Scherer. President of Atlantic Western (full service commercial
real estate firm with 30 years experience dealint!: with primarily with the sale/leasint!:
finance of commercial properties for institutions and developers). stated his
professional background has been substantially associated with the management and
turnaround of sub and non-performing commercial assets. He briefly discussed Delray's
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current market conditions and how they pertain to the Commission's decision this
evenmg.
Mayor Perlman declared the public hearing open.
Bob Currie. Chair of the Pineapple Grove Desh!D Committee. stated
he supports the proj ect and stated the rationale used is because they are getting so much
less density and the scale of it is so much lower.
Doak Campbell. Attornev. supports the project and feels it is going to be
very good for the City and is beautifully designed. He briefly discussed lower height and
less density. With regard to the economic realities and as a real estate attorney, Mr.
Campbell stated he has never seen the down turn in real estate so sharp and as quick as
has happened since last October with Hurricane Wilma.
Carolyn Smith (she & John Hoc own two small cottaees on N.E. 1st
Avenue directly facim! this proiect). stated she was thrilled to hear that Cary Glickstein
bought this property. She stated the idea of having commercial vehicles in front of their
places continuously throughout the day is not what she wishes to see. They fully support
this project and urged the Commission to approve.
Thuv Shutt. resident as well as a property owner of property located
N.E. of the subiect property. supports the project and she commends the Commission
for re-evaluating the code to fit the emerging trends and the changed circumstances that
exist at the time the code amendment was proposed. The proposal for the Downtown
Master Plan was to also try to facilitate and preserve the characteristics of the adjacent
neighborhoods within the downtown area. This proposal is appropriate in that it will
guarantee a better circulation for the surrounding community. Mrs. Shutt urged the
Commission to approve the project because of the changed circumstances that do exist;
one being safety and a transition to a better and healthier downtown area.
Claudio Camilucci. stated aesthetically this is going to be a beautiful
project and likes the idea of no commercial vehicles traveling up and down in the historic
area. He supports this project and would like to see it move forward.
Claudia Willis. 160 Marine Way. Delrav Beach. stated she has already
submitted a letter to the Commission highlighting most of her points. She stated this is a
commercial district; there are LDRs and a Master Plan and a Comprehensive Plan, and a
Cluster Study. She stated if people seem to think that the rules and studies in progress are
incorrect, she suggested, before the rules are changed there should be another study. Ms.
Willis stated there are rules that are enforced and commented that this does not fit the
current LDRs.
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10/03/06
Joann Peart. 107 N.W. 9th Street. Delray Beach. concurs with
comments expressed by Mr. Campbell with regard to lower height/less density. She
stated we need buffers in the historic districts and she feels this proj ect is a nice transition
from five story parking garage to four story mixed use down to three story townhouses
into the historic districts in the neighborhood. Mrs. Peart stated she is in favor of the
project and urged the Commission to approve.
Tom McMurrian. Developer. stated he has lived in Delray Beach for 56
years and feels this project adds to the community and it is a transition from a
commercial to a residential area. He stated the elevations are in scale with the
community and urged the Commission to support this project.
Sidney Wiles. stated she had lived here since 1952 and she can now ride
her bicycle without having to worry about any big trucks being in the way. She feels the
project is perfect and she is very much in favor ofthe project.
Lois Brezenski. lives in the historic district approximately four blocks
north of the proposed project and stated this is a beautiful project. She expressed concern
over why the City is considering a developer who did not finish the last proposed strand
and asked what is being done to develop this area for artists if Pineapple Grove was
conceived as an arts district.
Joe Pike. 315 Lake Eden Way. Delray Beach (Eneineer for the
proiect). owns a building at 298 Pineapple Grove Way, stated this is a lower density and
lower height project and is friendly to the surrounding historic neighborhoods. He stated
this text amendment is about how critical the commercial space is in this particular
project. He stated this is a great fit for this particular place and urged the Commission to
support it.
Livia Landry. 701 N. Swinton Avenue. Delray Beach. stated the
development that has been allowed in Pineapple Grove Way is inappropriate.
Mr. Fetzer stated he supports this project because he likes the reduced
building height and reduced density and the design looks very good.
Mrs. Ellis stated being a business person and a strong Chamber member
she realizes the importance of the retail and supports the project. She stated when the
property was purchased she believes the developer did intend to do a mixed use project
and concurs with comments expressed by Mrs. Peart that lower height and density and a
buffer to the historic districts is what would be appropriate.
Mrs. Montague stated she supports this project and loves the idea of less
density. She stated with the types of businesses established in the Pineapple Grove area
she feels we need walk-in traffic and people need to be brought to this area so that these
businesses thrive, and she believes this will greatly help that. She stated she will be
looking carefully at the art element inclusion of this and really wants to see this
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10/03/06
established, as well as, the public art factor and will also be looking at the public park
area to make sure that it can be utilized by all of those.
Mayor Perlman stated he proposed a compromise and worked with the
developer and the development team on this and noted that he feels this was an
opportunity to reclaim the original vision which did include public art and creative space
and this would be a start toward that. He thinks the height is appropriate and does not
feel it is about density. Mayor Perlman stated this project reclaims open space and
incorporates some artist space. He does not share the grim prognosis for Delray Beach
and feels the town has been well planned and well designed and we will be hurt less as a
result and come out of this quicker than other communities.
Mr. Fetzer moved to adopt Ordinance No. 47-06 on Second and FINAL
Reading, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows:
Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - No; Mrs.
Montague - Yes. Said motion passed with a 4 to 1 vote, Commissioner Levinson
dissenting.
10.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)]. Ifpassed, a second public hearing will be scheduled
for October 17, 2006.
The caption of Ordinance No. 56-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING ORDINANCE 14-06, SECTION 3,
"DURATION OF MORATORIUMlEXTENSION 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.
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10/03/06
(The official copy of Ordinance No. 56-06 is on file in the City Clerk's
office.)
The City Attorney read the caption ofthe ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Paul Dorling, Director of Planning and Zoning, stated on April 18, 2006,
the City Commission 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 new
construction of up to 2,000 square feet or less and additions not exceeding fifty percent
(50%) ofthe existing structures as well as demolitions if they are deemed to be unsafe.
During the moratorium, staff has worked with the consultants (REG
Architects and Urban Design Studio) 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 hearing two for each of the individual districts some of them two (2) on each
night. The last public hearing was held on August 31, 2006 in which time there was a
final presentation provided to the public and the consultants revised the Delray Beach
Historic Preservation Design Guidelines and provided a supplementary guide and also
came up with proposed amendments to the LDRs. Staff is currently in the process of
drafting changes to the LDRs as recommended in the consultant's final presentation and
staff is requesting a ninety (90) day extension to allow for a thorough review of the
revisions and the implementations of the LDR changes. Staff anticipates those changes
to come before the Planning and Zoning Board in November and to the City Commission
in early December.
At its meeting of September 20, 2006, the Historic Preservation Board
considered this request and recommended with a 5 to 1 vote that the moratorium be
extended so that these LDRs can be put in place. At its meeting of September 18, 2006,
the Planning and Zoning Board considered this request and with a 7 to 0 vote
recommended against the extension because they felt that six months was adequate time
to hire a consultant, conduct all the public meetings, create design guidelines, and process
all proposed LDR amendments. Staff recommends a ninety (90) day extension at this
time.
Mayor Perlman declared public hearing open.
Matthew Gremlin. 350 S.E. 7th Avenue. Delrav Beach (Marina
Historic District). stated throughout the public meetings the guidelines were presented as
a benefit and would clarify by the process of obtaining permission to develop in a historic
district. He stated there would be fewer requirements to go before the Historic
Preservation Board again and again which is what people have expressed concern about
in the past. He stated new restrictions have been imposed and the new restrictions would
prevent being built what has already been approved in the past. He stated the draft
guidelines incorporate maps of the districts which show properties as being contributing
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10/03/06
and he believes these properties would have to be fifty (50) years old when the historic
districts were created. He feels the studies are inaccurate and stated he can name
properties which were not fifty (50) years old when the historic district was created. He
stated the Meridian (4 story building) is directly behind his property, it overlooks his
property and is very intrusive and has changed the character of the property.
Mayor Perlman stated the Commission appreciates the opinions on the
guidelines themselves. However, he noted that what the Commission is really
considering this evening is whether to extend the building moratorium. There will be
opportunities as the ordinances are enacting or not enacting part of the guidelines, and
there will be public hearings as well. Mayor Perlman reiterated that the item this evening
is about whether or not to extend the building moratorium up to ninety (90) days.
Tom O'Reily. owns three properties in the Marina Historic District.
commented about the process and stated ifit was a problem to achieve the order in six (6)
months then he believes this should have been acknowledged responsibly at the
beginning of the process. If the process could not have been attained within the six (6)
months it should have been offered for the Commission's consideration when it was
voted in the six (6) month moratorium. He stated if there are going to be LDRs in place
they should be considerate of the report which has been offered and should be thought
out, presented, accepted, acknowledged, respected and should be a timely process for the
betterment of the community. Mr. O'Reilly feels that a moratorium will only enforce a
hardship and to his knowledge a moratorium is not required to implement LDRs but
better thorough research may better the community in the end.
Carolyn Riley Patton. 1020 Tamarind Road. Delray Beach (owns
property in the Marina Historic District). thanked City staff and the City Commission
for this moratorium as they have worked so hard to maintain their historic properties and
stated she supports the extension.
Shannon Dawson. 527 North Swinton Avenue. Delray Beach. stated
the guidelines are being over scrutinized and in her opinion a moratorium is not
necessary. She stated the vacant lots are a detriment to the historic district and
implementing a moratorium will make things worse.
There being no one else from the public who wished to address the
Commission regarding Ordinance No. 56-06, the public hearing was closed.
Mrs. Ellis stated she was in favor of this moratorium because several
projects were overturned by the Historic Preservation Board (HPB). The Commission
has made changes in the make up of the Board. She stated originally the Commission
was informed this project could be done in six months and emphasized that the LDRs
need to get done and it needs to be scrutinized by the Commission, as well as, staff.
However, Mrs. Ellis stated, she cannot support an extension of this moratorium and is not
sure if this can be done in ninety (90) days. She stated she does not believe the
moratorium will be beneficial to the City or to the people that are trying to develop.
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10/03/06
Mr. Fetzer stated he does not like moratoriums; however, he felt there was
a real necessity. He feels there is a responsibility to clear things up for not only the
applicants, but also for the Historic Preservation Board (HPB) as far as what the
guidelines needed to be. He asked if the moratorium is not extended for up to ninety (90)
days where does this leave us. Mr. Dorling stated these are not additional restrictions but
are clarifications, and noted currently nothing can be built that is not compatible.
Mrs. Montague stated in this process she wants to keep the revision
process going but she would like to get an interim report and would like to see a time line
drawn. She expressed concern over the initial six (6) month period; she was assured that
the process would take three (3) to four (4) months and that the two extra months was a
cushion period. Mrs. Montague stated she will not support the extension of the
moratorium because at this point she does not know what the proper time frame is. In her
opinion, Mrs. Montague stated by extending the moratorium she feels we are
overstepping our boundaries and reiterated that she would like to see some kind of
reporting status so she knows where we are.
Mr. Dorling stated staff has already met with the City Attorney regarding
the LDR recommendations. He anticipates that they will be before the Planning and
Zoning Board in November and before the City Commission in early December. The
City Attorney stated staff has a draft of the wording of the changes to the LDRs and after
the meeting when they go over the potential changes tomorrow, staff is hoping to have
the draft in ordinance form which needs to be reviewed by others.
Mayor Perlman asked if the Commission can accept Rick Gonzales'
recommendations and consider it a zoning in progress.
Brief discussion continued between the Commission, the City Attorney,
and staff.
Mrs. Montague commented that she feels the public does not understand
what they can or cannot do.
Mrs. Ellis reiterated that this Commission has not been happy with the
decisions that the Historic Preservation Board (HPB) adopted and this is why the
Commission passed the moratorium, for clarifications, so they can make decisions that
were compatible with their neighborhoods and that the Commission, as policy makers,
could feel comfortable with. She stated the clarifying element is intrical but the actual
LDRs that is in place could be utilized to make the Commission's intentions to the
Historic Preservation Board (HPB) in the decision making process.
Mayor Perlman suggested that the Commission get familiarized with the
recommendations/report and schedule this for a Workshop Meeting.
Mr. Levinson stated staff needs to move expeditiously as possible on the
actual adoption of the LDRs and the elements in the report, and the report needs to be
widely disseminated to the appropriate Boards and to the Commission as soon as
possible.
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10/03/06
Mrs. Ellis moved to approve the ninety (90) day extension to the
moratorium approving Ordinance No. 56-06, seconded by Mrs. Montague. Upon roll call
the Commission voted as follows: Mayor Perlman - No; Mrs. Ellis - No; Mr. Fetzer -
No; Mr. Levinson - No; Mrs. Montague - No. Said motion was DENIED with a 5 to 0
vote.
to.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.
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. 45-06 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, "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 I-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. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Paul Dorling, Director of Planning and Zoning, stated this will prohibit
office uses, including banks and financial institutions, on the ground floor along Atlantic
Avenue in the Central Core and the Beach Area from Swinton Avenue to the ocean and
would allow up to fifty percent (50%) of the ground floor along West Atlantic Avenue
and levels greater than fifty percent (50%) as a Conditional Use. Concerns over the
appropriateness of office uses came up with a Conditional Use approval of the Bank
United facility. The City Commission approved added conditions would make it more
pedestrian friendly including requirements for displays over 50% of the windows or later
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10/03/06
operating hours. This ordinance was initiated earlier in the year because of a request by a
bank at the northeast comer of 6th Avenue and Atlantic Avenue.
At its meeting of July 24, 2006, the Planning and Zoning Board held a
public hearing on this request, and Randy Welker from the Chamber of Commerce spoke
in favor of the request. The Board voted 4 to I (Kincaide opposed, Eliopoulos and
Borchardt absent) to recommend approval to the City Commission.
Mayor Perlman declared public hearing open. There being no one from
the public who wished to address the Commission regarding Ordinance No. 45-06, the
public hearing was closed.
Prior to the vote, Mr. Levinson asked if Bank United is complying. Mr.
Dorling stated the bank is not in compliance and they have been cited by Code
Enforcement at this time.
Mrs. Montague moved to adopt Ordinance No. 45-06 on Second
Reading/Second Public Hearing, seconded by Mr. Levinson. Upon roll call the
Commission voted as follows: Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes;
Mrs. Montague - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote.
to.D. WAIVER REQUESTSIDELRAY YACHT CLUB: Consider a request
for waiver of Land Development Regulations (LDR) 4.3.4(K), "Development Standards
Matrix"; Section 2.2.4(D)(3), "Duties, Powers, and Responsibilities"; Section
2.4.7(B)(1)(b)(iii), "Waivers; Special Power to the City Commission" and 4.3.4(J)(4)(a),
"Increases to Height Regulations; Prohibitions" for the Delray Yacht Club. (Quasi-
Judicial Hearing
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor Perlman asked the Commission to disclose their ex parte
communications. Mrs. Montague stated she met with the applicants and Michael Weiner.
Mayor Perlman stated he met with the applicants, Michael Weiner, and the Beach
Property Owners' Association (BPOA) Board. Mrs. Ellis stated she met with the
applicants, Michael Weiner, and the Beach Property Owners' Association Board. Mr.
Fetzer and Mr. Levinson stated they met with the applicants, Michael Weiner, and the
Beach Property Owners' Association Board.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2006-063 into the record.
Mr. Dorling stated on April 26, 2006, the Site Plan Review and
Appearance Board (SPRAB) approved a Class V site plan modification which included
the construction of 23 bedroom residential condominium units in a four story building
known as the Delray Beach Yacht Club. The applicant is now seeking an increase in the
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10/03/06
allowed height in the RM (Multiple Family Residential - Medium Density) zoning
district from the approved 35 feet to a maximum of 41 feet. The applicant is requesting
four waivers the first waiver is to allow the increase in building height and the other three
waivers are to waive the prohibition against seeking a waiver for this regulation. The
waiver findings are made in the staff report and the applicant is seeking the waivers so he
can raise the finished floor elevations to be more consistent with the neighboring
properties and reduce the risk of potential flooding.
Jason Mankoff. Attornev with Weiner and Aronson. P.A.. 102 N.
Swinton Avenue. Delrav Beach (representiDi! the owners of the Yacht Club at
Delrav Beach). stated the staff report addresses the waiver requirements and a positive
finding can be made. He stated they agree with staff and adopt the City's findings made
in the staff report. Mr. Mankoff briefly discussed numerous public policy reasons which
support this request and urged the Commission to support the waiver.
Fred Barboni. 949 D02wood Drive. Delrav Beach. supports the project
and stated even at forty-one (41) feet the project would still be dwarfed by the buildings
on each side of it. He stated he is in the marina business and works with world class
marinas around the world. Mr. Barboni stated if this yacht club is done right, along with
everything that Delray Beach has to offer, this can be one of the world class destinations
in the world. He stated this would be a great asset to the community and could bring
many advantages.
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).
Prior to the vote, Mayor Perlman stated this has not been done for
aesthetics but appears to be triggered by an engineering issue to prevent flooding. He
asked if something could be put into the code.
Mr. Levinson stated he would like to know whether this is an engineering
issue or a floor height issue. Mr. Levinson asked staff if there was any discussion about
the ability to get the height the applicant needed. In response, Mr. Dorling stated he
informed the applicant that based on the number of floors being proposed, he found it
difficult that they could do this within the thirty-five (35) feet. The applicant's response
was that they would make it work and eventually found out this was not possible.
Mrs. Ellis moved to approve the Board Order as set forth, seconded by
Mrs. Montague. Upon roll call the Commission voted as follows: Mr. Fetzer - Yes; Mr.
Levinson - No; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said
motion passed with a 4 to 1 vote, Commissioner Levinson dissenting.
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10/03/06
to.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. 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. 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 ADmST 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 ofthe ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter ofthe City of Delray Beach, Florida.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 54-06,
the public hearing was closed.
Mrs. Montague moved to adopt Ordinance No. 54-06 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; Mr. Fetzer - Yes. Said motion passed with a 5 to 0 vote.
At this point, the time being 9:00 p.m., the Commission moved to Item
11, Comments and Inquiries on Non-Agenda Items from the City Manager and the
Public.
11.A. Citv Manae:er's response to prior public comments and inQuiries.
The City Manager had no comments or inquiries on prior public
comments and inquiries.
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10/03/06
11.D. From the Public.
11.B.1. Matthew Gremlin, 350 S.E. 7th Avenue, Delrav Deach (Marina
Historic District), stated he owns one home and his understanding of the current Land
Development Regulations (LDRs) is that they allow 40% lot coverage and the new
guidelines in the district impact studies show figures of 30-35%.
At this point, the time being 9:01 p.m., the Commission moved back to
Item 9.D. of the Regular Agenda.
9.D. CONDITIONAL USE REQUEST/CIDLDREN OF DESTINY:
Consider a request to allow the establishment of a child care facility for Children of
Destiny (f/k/a Pat's Happy Face), located on the northwest comer ofN.W. 2nd Street and
N.W. 6th Avenue (601 N.W. 2nd Street). (Quasi-Judicial Hearing)
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor Perlman asked the Commission to disclose their ex parte
communications. The Commission had no ex parte communications to disclose.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2006-381 into the record.
Mr. Dorling stated this is to establish a Child Care facility to be known as
Children of Destiny Day Care (f/k/a Pat's Happy Face) located at 601 N.W. 2nd Street
and request the capacity increase to 33 children. 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. In 1996, the facility closed and was converted back to a
single-family residence. Pat's Happy Face Learning Center was re-established as a child
care facility with a capacity of 33 children and closed in July 2004. 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.
At its meeting of September 18, 2006, the Planning and Zoning Board
held a public hearing on this request and the Board voted unanimously (7-0) to
recommend approval of the re-establishment of the child care facility subject to the three
conditions listed in the Planning and Zoning staff report. Staff recommends approval of
the Conditional Use request.
Valora Burks, owner/operator of the day care center, stated she is certified
and has been working with the school district for over nine years and urged the
Commission to approve the request.
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10/03/06
Mayor Perlman stated if anyone from the public would like to speak in
favor or in opposition of the request, to please come forward at this time. There being no
one else from the public who wished to address the Commission regarding the
Conditional Use request, the public hearing was closed.
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 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. Fetzer - Yes; Mr. Levinson - Yes. Said
motion passed with a 5 to 0 vote.
At this point, the time being 9:05 p.m., the Commission moved to Item
9.M.
9.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.
Robert A. Barcinski, Assistant City Manager, stated this is a proposed five
year agreement with Players International Management, Inc. for three (3) USTA Junior
Tennis Tournaments proposed to be held at the City's tennis facilities. Mr. Barcinski
stated this would involve three USTA Junior events; one in October 2006, one in April
2007, and another tournament in September 2007. He stated some of the highlights of
the agreement are as follows: (1) term is 5 year beginning 1 % 1/06 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 $10,000.00
payment would be made to the City of Delray Beach if there is no television coverage for
the April event, (5) PIM is responsible for event management, (6) City of Delray Beach is
responsible for providing site and courts.
Mr. Barcinski stated he has done some research with the Sports
Commission to see if there is funding available; however, they have some financial issues
at this point. In addition, he has talked with the Finance Director of the Tourist
Development Council (TDC) and they have indicated that it is possible to get some
funding through their Special Projects Fund.
The City Attorney stated with regard to the dates in October 2006 this is
when the EPOCH Gala is also being held. Mr. Barcinski stated the matches will be
played at the Delray Swim and Tennis Club. The City Attorney stated this agreement
will be subject to the event and with regard to the dates for the American City
Entertainment, staff has been contacted by Nancy Stewart and recommends that the
agreement be approved subject to working this out with Nancy Stewart.
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10/03/06
Mr. Levinson commented about the April dates being the weekend of
Easter.
The City Manager stated staff will pursue this and noted Mr. Barcinski
will be meeting with Palm Beach County Commissioner Mary McCarty on October 12th.
Mr. Levinson moved to approve the proposed agreement between the City
of Delray Beach and Players International Management, Inc. (PIM), subject to terms and
conditions as outlined in staff recommendations, seconded by Mrs. Ellis. Upon roll call
the Commission voted as follows: Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer-
Yes; Mr. Levinson - Yes; Mrs. Montague - Yes. Said motion passed with a 5 to 0 vote.
At this point, the time being 9:16 p.m., the Commission moved back to
Item 9.E. of the Regular Agenda.
9.E. DECORATIVE STREET LIGHTS ALONG PUBLIC BEACH/SR
AlA (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).
Randal Krejcarek, City Engineer, stated staff is seeking direction
regarding the type of decorative street lights to be installed along the public beach on SR
AlA (Linton Boulevard to George Bush Boulevard). Mr. Krejcarek stated the Florida
Department of Transportation (FDOT) plan requires new street lights to be installed. He
stated an Ad hoc Committee had compiled a consensus plan and there was a lighting
component to that plan. Mr. Krejcarek stated the consensus plan said to leave the
lighting on the west side and add low level lighting on the east side in the CBD (Central
Business District) only. Also, turn the low levellightings off at 9:00 p.m. and if that
lighting interfered with the ability to trim the sea grapes the recommendation was to not
do it at all.
Mayor Perlman asked if Palm Beach County Commissioner McCarty is
committing any funds. In response, Mr. Krejcarek stated she is requesting a letter from
the City; however, she has verbally committed 50% of the difference in cost for the
decorative street lights and has also committed to pay the cost difference for the
intersection of Atlantic Avenue and AlA.
After brief discussion, it was the consensus of the Commission for staff to
obtain prices on the lamps and get the input of the Beach Property Owners' Association
(BPOA).
9.F. REQUEST FOR OUALIFICATIONS (RFQ)/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
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10/03/06
the Request for Qualifications (RFQ) Selection Committee.
Richard Hasko, Director of Environmental Services, stated the Request for
Qualification (RFQ) was scheduled to be advertised approximately one and a half weeks
ago and during that prior week he was working with Purchasing in getting in touch with
the national journals and publications. Staff found out that they need a two month lead
time between the time they receive the ad and the addition it actually appears in. Mr.
Hasko consequently cancelled the advertisements and informed the Commission that it
will be February 2007 when the City gets the exposure they are looking for in these
publications. Mr. Hasko commented about the membership of the RFQ Selection
Committee.
Mr. Levinson suggested adding two (2) additional people to the RFQ
Selection Committee: (1) a member of the Public Arts Advisory Board (Randal
Krejcarek, City Engineer) and (2) Bill Wilshire, Landscape Architect who is retiring from
the County.
Mayor Perlman commented about a website called the Project for Public
Spaces (pps.org) and stated this is a great resource. He suggested that this advertisement
be posted online.
Mr. Levinson stated these are three good publications from a magazine
standpoint; however, there may be other organizations where the advertisement can be
placed on their website (i.e. ULI).
9.G. REQUEST FOR SPONSORSHIPIURBAN LEAGUE YOUNG
PROFESSIONALS OF PALM BEACH COUNTY (UL YPVTHE 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 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.
Mrs. Ellis inquired how this request is placed on the agenda. The City
Manager stated he received this request and he needs to know how to respond to it.
Mr. Levinson stated he does not think this is relevant. Mrs. Ellis
concurred with comments expressed by Commissioner Levinson.
After brief discussion, it was the consensus of the Commission not to
proceed.
9.H. REQUEST FOR SPONSORSHIPINA 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
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10/03/06
Raton Marriott Hotel.
Mr. Levinson suggested that the City offer this to volunteers as a way to
thank them for their services (i.e. Home Front Security volunteers). He also suggested
that Officer Arena poll volunteers to see who would be interested in attending.
Mr. Levinson moved to approve to authorize staff to offer and identify up
to twenty (20) people to attend from the ranks of volunteers in the City and that we pay
for those seats for them, seconded by Mrs. Ellis. Upon roll call the Commission voted as
follows: Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes;
Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote.
9.1. AMENDMENT NO. l/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 shuttle 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.
Mayor Perlman declared a conflict of interest, passed the gavel to Vice
Mayor Ellis and stepped down from the dais.
The City Attorney stated this is an amendment to an Interlocal Agreement
with the Community Redevelopment Agency (CRA) on the funding for the shuttle bus
service. It provides that if the City of Delray Beach receives the grant, then the CRA
shall reduce its contribution by fifty percent (50%) of the grant.
Mr. Levinson moved to approve Amendment No. 1 to the Interlocal
Agreement between the City of Delray Beach and the Community Redevelopment
Agency (CRA), seconded by Mrs. Montague. Upon roll call the Commission voted as
follows: Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mrs. Ellis - Yes.
Said motion passed with a 4 to 0 vote.
9.J. SECOND SETTLEMENT OFFER/CHERYL WRIGHT-DEIGNAN
AND ROBERT DEIGNAN V. CITY: Consider a second Settlement Offer in the
amount of $6,000.00 in Cheryl Wright-Deignan and Robert Deignan v. City. Staff
recommendation is denial.
At this point, Mayor Perlman returned to the dais.
Mrs. Ellis moved to approve the Settlement Offer in the amount of
$6,000.00 ($5,500.00 for Cheryl and $500 for Robert) in Cheryl Wright-Deignan and
Robert Deignan v. City of Delray Beach, seconded by Mrs. Montague. Upon roll call the
Commission voted as follows: Mr. Levinson - No; Mrs. Montague - No; Mayor Perlman
- No; Mrs. Ellis - No; Mr. Fetzer - No. Said motion was DENIED with a 5 to 0 vote.
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10/03/06
9.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.
Mr. Levinson moved to approve 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, seconded by Mrs. Ellis. Upon roll call the
Commission voted as follows: Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis
- Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote.
9.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).
Mrs. Ellis moved to appoint Shane Ames as a regular member to the Site
Plan Review and Appearance Board to serve an unexpired term ending August 31, 2008,
seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mayor
Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - No; Mr. Levinson - No; Mrs. Montague -
Yes. Said motion passed with a 3 to 2 vote, Commissioner Fetzer and Commissioner
Levinson dissenting.
At this point, the time being 9:45 p.m., the Commission moved to Item
12, First Readings.
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 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.
The caption of Ordinance No. 53-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING THE CODE OF ORDINANCES OF THE
CITY OF DELRA Y 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
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10/03/06
VEHICLES SHALL NOT BE DRIVEN ON THE
MUNICIP AL BEACH EXCEPT FOR AUTHORIZED
USES; 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. )
The City Attorney read the caption of the ordinance.
Brief discussion between the City Attorney and the Commission followed
regarding adding additional language (i.e. hot air balloons).
Mrs. Ellis moved to approve Ordinance No. 53-06 on FIRST Reading with
the addition of "hot air balloons", seconded by Mr. Fetzer. Upon roll call the
Commission voted as follows: Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes;
Mrs. Montague - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote.
12.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.
The caption of Ordinance No. 55-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY 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.
(The official copy of Ordinance No. 55-06 is on file in the City Clerk's
office. )
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10/03/06
The City Attorney read the caption ofthe ordinance.
Prior to the vote, Mr. Levinson asked if an "Act of God" is defined. Mr.
Dorling stated this is addressed in the LDRs.
Mr. Fetzer moved to approve Ordinance No. 55-06 on FIRST Reading,
seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr.
Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs.
Ellis - Yes. Said motion passed with a 5 to 0 vote.
12.C. ORDINANCE NO. 57-06 & 58-06: Privately initiated amendment to
the Land Development Regulations Section 4.6.9(E) to provide credit towards required
parking for the developers constructing new on-street public parking in adjacent rights-
of-way. Ifpassed, a public hearing will be scheduled for October 17, 2006.
The caption of Ordinance No. 57-06 & 58-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y 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)(I) 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.
(The official copies of Ordinance No. 57-06 & 58-06 are on file in the
City Clerk's office.)
The City Attorney read the captions of Ordinance No. 57-06 and 58-06
and noted that the captions for these ordinances are identical. She stated that Ordinance
No. 57-06 is the applicant's text change and Ordinance No. 58-06 is the staff
recommended change.
Scott Aronson, Parking Management Specialist, stated this is a privately
initiated text amendment submitted by New Urban Communities. The amendment would
allow developers to receive a credit towards a project's required parking for new on-
street parking constructed to 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 applicant's request is for a one hundred percent (100%) credit so if they
provide ten new on-street parking spaces adjacent to the development or across the street,
- 29-
10/03/06
this would be ten less spaces they would need to provide on their site in order to meet
their required parking. Staff has reviewed the applicant's request and did some research
and found that other cities do have ordinances, some being limited in the number of
spaces. Staff agrees that there should be some crediting and that fifty percent (50%) is a
more reasonable crediting.
With the proposal of the applicant regarding across the street, their
proposal is adjacent to waterways, railways, public parks or other public open space.
Staff s concern with parks and other public open space at some point to the future those
properties may be developed affording the developer on the other side of the street the
luxury of taking that credit and would not allow them to use this ordinance of the credit
because the parking spaces had already been provided. Staff recommends 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. Mr. Aronson stated staff
recommends a fifty percent (50%) credit for new public parking on the street adjacent to
the property and extending the fifty percent (50%) credit when adjacent to waterways or
railways but not parks and public open space.
Mr. Aronson stated this was reviewed by numerous Boards. The West
Atlantic Redevelopment Coalition (W ARC) and the Community Redevelopment Agency
(CRA) at their meetings both recommended approval of the applicant's request as
proposed for the 100%. Pineapple Grove Main Street (PGMS), the Parking Management
Advisory Board (PMAB), and the Planning and Zoning Board (P&Z) at their respective
meetings all recommended approval of staffs recommendation (Ordinance No. 58-06)
with the 50% using just waterways and railways across the street. The Downtown
Development Authority (DDA) recommended approval of the proposed text amendment.
Reference was made to limiting the number of credited spaces to twenty-five percent
(25%) of the development's required parking in addition to the provision of landscape
nodes, lighting and sidewalks. Mr. Aronson stated sidewalks, landscape nodes, and street
lighting is already development standards. With respect to the twenty-five percent
(25%), they will be limited by the number of on-street parking spaces they can provide
just by the size of the street.
Jeff Costello, New Urban Communities, stated this would apply to an area
where the in-lieu is not available, the public parking fee is not available, and areas that
are further away from the Atlantic Avenue corridor. He stated as you move away from
the corridor the parking requirements for office and retail are greater than what they are
in the downtown corridor. Mr. Costello stated as you move away from that area
alternative provisions to accommodate required parking should be available. This
proposal implements the shared parking concepts which are a fundamental principal of
urban planning and are identified in the Downtown Master Plan along with the provision
of the on-street parking. He suggested that on-street parking be looked at as an incentive
and during his research there are a number of municipalities that allow one hundred
percent (100%) credit.
- 30-
10/03/06
Tim Hernandez, New Urban Communities, gave a brief overview of the
reason for the suggested text amendment. He feels this provides lots of extra parking that
is accessible to everyone. He stated one way to ensure that there is more parking
available to everyone is to build more parking spaces that are available at all times. Mr.
Hernandez stated the one place where you can ensure that there is more parking available
at all times, to everyone, is within the public right-of-way.
Brief discussion between the Commission and staff continued.
Mrs. Ellis moved to approve Ordinance No. 57-06 (Applicant's version)
on FIRST Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as
follows: Mr. Levinson - No; Mrs. Montague - No; Mayor Perlman - No; Mrs. Ellis -
No; Mr. Fetzer - No. Said motion was DENIED with a 5 to 0 vote.
Mr. Levinson moved to approve Ordinance No. 58-06 (Staffs
recommendation) with a change in Section E (take out up to fifty percent (50%) and
leave in one parking space credit), seconded by Mrs. Ellis. Upon roll call the
Commission voted as follows: Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor
Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes. Said motion passed with a 5 to 0
vote.
At this point, the Commission moved to Item 13, Comments and
Inquiries on Non-Agenda Items.
13.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
B.A.
City Mana2er
The City Manager stated at the last meeting Mayor Perlman commented
about the letter from Officer Jeroloman about the insurance tax going to the pension
funds. The City Manager stated he is working on a letter back to him and explained that
when the Communications Service Tax was first created in 2001 the Florida Department
of Revenue asked the City of Delray Beach to provide a street number database using the
low and high address numbers for each street in the city. After this was submitted, the
Department of Revenue decided to use a postal service database instead based on the nine
digit zip code. He stated they purchased this from an independent contractor and staff
has no way to compare the City's database with their database. Prior to the deadline this
year, staff entered all the annexations since 2001. In summary, the City Manager stated
the Finance Department should have been more aggressive to ensure timely completion
of the Geo audit and the regular reporting of annexations to the Department of Revenue.
Secondly, he stated some Department Heads have asked him if the
Commission is buying a table for the Starlight Gala that the Spady Museum is putting on.
After brief discussion, it was the consensus of the Commission to purchase a table for the
Starlight Gala to be held on Saturday, October 14,2006.
- 31 -
10/03/06
The City Manager stated at the last meeting, Mayor Perlman had also
asked about recognizing Brahm Dubin's contribution by naming a facility. Mr. Barcinski
has discussed this with Sharon Painter who has discussed it with Jeanne and everyone
feels that something done in the tennis center (clubhouse building) would be most
appropriate.
He stated at the League of Cities General Membership Meeting there was
a report from the Housing Leadership Council and they formed five sub-committees to
study various issues and best practices. The City Manager stated they reported that
Delray Beach was cited at a recent meeting as the best Community Land Trust (CLT) in
Florida. In addition, they reported that Florida Department of Community Affairs (DCA)
and Florida Inland Navigational District (F.I.N.D.) has been tasked with doing a master
plan for the Intracoastal Waterway.
Lastly, the City Manager commented about an incident that happened in
Lantana with their use of the County's fire dispatch system. The City Manager stated he
understands there are many problems with their system but this is also an example of why
we do not want to be in a big county system with no local knowledge.
13.B. City Attornev
The City Attorney had no comments or inquiries on non-agenda items.
13.C.
13.C.1.
City Commission
Mr. Fetzer
Mr. Fetzer had no comments or inquiries on non-agenda items.
13.C.2.
Mrs. Ellis
Mrs. Ellis stated she has to walk with a child to school tomorrow for
"Walk a Child to School Day".
13.C.3.
Mrs. Montaeue
Mrs. Montague had no comments or inquiries on non-agenda items.
13.C.4.
Mr. Levinson
Mr. Levinson stated the Treasure Coast Regional Planning Council
(TCRPC) compiled a package on the Southeast Florida Regional Transportation Corridor
Study (what it is and how it works). He gave the information to the City Clerk and noted
the study is outstanding.
- 32-
10/03/06
Secondly, he expressed concern that the City has not communicated yet
about the vote on domestic partner benefits. Mr. Levinson asked if email or paycheck
stuffers have been sent out informing people if they qualify for this benefit. The City
Manager stated Harry Hamilton, Human Resources Director, and his staff discussed this
yesterday and they may be placing something in the employee newsletter.
Mr. Levinson stated he would like to see us come up with an AM Radio
Give-a-way Program because he feels this is a way to promote the radio station. He
suggested that the City get a grant or something where we could distribute radios to the
residents with 1620 on the outside ofthem to help get people to tune in.
Mr. Levinson commented about a letter from the Lake Worth Drainage
District (LWDD) about the City of Delray Beach not placing markers.
He commented about the Palm Beach Gardens booklet.
Lastly, Mr. Levinson stated there was a Florida Department of
Transportation (FDOT) meeting last week and he clarified that the City Commission did
have a presentation for the public at the January Workshop meeting and have had
meetings with various property owners along the Avenue and Federal Highway, in
addition to meeting with civic associations in that area and press releases were also done.
13.C.5.
Mavor Perlman
Mayor Perlman suggested that the smoking on the beach issue be placed
on a Workshop meeting to see how the City Commission would like to proceed and for
further direction.
Secondly, he commented about an article written by Mr. Otis White about
cities that are charging bars and if a city is called out to come to a bar, a place of
business, or an apartment complex more than twice a year for a fight or nuisance, they
charge you the cost of the call.
There being no further business, Mayor Perlman declared the meeting
adjourned at 10:32 p.m.
City Clerk
ATTEST:
MAYOR
- 33 -
10/03/06
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 October 3, 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.
- 34-
10/03/06
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 DELRA Y 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 LDR 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 LDR Section 2.4.4 (F){3){a), more specifically from the
requirement to comply with the current LDRs specially LDR Section 4.4.13 (CBD Design
Guidelines).
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 0
No 5
II. EXTENSION:
Table the Extension Request until October 17, 2006.
3. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the original development application was
1
rftm q~e.
submitted and finds that its determinations set forth in this Order are consistent with the
Comprehensive Plan/LDRs.
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 X the waiver, tabling the extension requested until October 17, 2006.
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 5
in favor and 0
opposed.
ATTEST:
~- ~~. ~~'J0
Chevelle Nubin, City Clerk
2
-
.
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRA Y BEACH, FLORIDA
CONDITIONAL USE REQUEST FOR THE CHILDREN OF DESTINY DAY CARE
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRA Y BEACH, FLORIDA
1. This conditional use request has come before the City Commission on
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 5
No
o
b. Concurrency: Concurrency as defined pursuant to Objective B-2 of
the Land Use Element of the Comprehensive Plan must be met and a determination
made that the public facility needs of the requested land use and/or development
application will not exceed the ability of the City to fund and provide, or to require the
provision of, needed capital improvements for the following areas:
Are the concurrency requirements met as respect to water, sewer,
drainage, streets and traffic, parks, open space, solid waste and
schools?
Yes 5
No 0
c. Consistency: Will the granting of the conditional use be consistent
with and further the goals and policies of the Comprehensive Plan?
1
I-f(m q. JJ.
..
Yes
5
No
o
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 5 No 0
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 5 No 0
2
3. Shall the conditions, 1-3, as set forth on page 1 of the staff report be
incorporated herein?
Yes 5 No 0
4. The City Commission has applied the Comprehensive Plan and LOR
requirements in existence at the time the conditional use request was submitted.
5. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses supporting these findings.
6. Based on the entire record before it, the City Commission approves -1L-
denies _ the conditional use request subject to conditions set forth in the staff report
and hereby adopts this Order this 3rd day of October, 2006, by a vote of 5 in
favor and 0 opposed.
~'D.~~
Chevelle Nubin
City Clerk
3
~
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
WAIVER REQUESTS FOR THE YACHT CLUB AT DELRA Y 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. LDR Section 2.2.4(D)(3) - provides no variance to height regulations may
be granted by the Board of Adjustment.
c. LDR 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
4
No
1
1
I+cfYl / IJ ,7).
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 X
denies
the waiver request to LDR Sections 2.2.4(D)(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 4
in favor and 1
opposed.
~~EST: ~"
~~'~~J.~J
Chevelle Nubin, City Clerk
2
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY. MUNICIPAL. AND OTHER LOCAL PUBLIC. OFFICERS
lAST NAME-FIRST NAME-MIDDLE NAME NAME OF BOARD,COUNCIL. COMMISSION. AUTHORITY,OR COMMITTEE
Perlman. Jeffrev L. Delray .... Beacn.~ City:' Corinnis sion
MAlUNG ADDRESS _. THE BOARD. COUNCIL. COMMISSION, AUTHORITY OR COMMITTEE ON
971 Delray Lakes Drive WHICH I SERVE IS A UNIT bF:
CITY COUNTY X:lCITY a COUNTY a OTHER lOCAl. AGENCY
Delray Beach, Fl. 33444 Palm .Beach NAME OF POLITICAl SUBDIVISION:
DATE ON WHICH VOTE OCCVRRED MY POSITION IS: .....~..
10/3/06 ':iI ElECTIVE a APPOINTIVE
WHO MUST FILE FORM 88
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting
conflict of Interest under Section 112.3143, Florida Statutes.
. Your responsibilities under the law when faced with voting on a measure In which you have a conflict of Interest will vary greaUy depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the Instn.lctions 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 vOJjng 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 onaone-aCl'e, one-vote basis are not prohibited from voting;n that
capacity.
For purposes of this law, a "relative* includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-lrrlaw,
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:
AJthough 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 tour 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. 112000 Item 9. I PAGE 1
APPOINTE.;D~OFFICERS(C9...tlnqed)
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'. ThefonnlnW!l b,e readPUblidYa~the nexlmeeting_erthe fomllsfiled.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE Oa:C1SIO~ExCEpT BY DISCUSSION AT THE MEETING:
. . , .. '.. -'
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· You must diSctose oraUy the nature of your OOI1f1ict in themessufe before participating.
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· You muSt COmp!8te the form and file It withlrf1$ ~a)t$,afler the.vote occurs with the person responsible for recording the minutes oftne
meeting. who must Incorporate the form In theminut8$. A copy of the form must be prOVided immediately to thQ: oUtermemOOrsof the '
agency. and the.(onn must be read publicly at the next meeoog after the form is filed.
.~
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I.' JeffEeYPt~rlman
, hereby disclose that on Oc tube r 3,
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(a) A~'(:8.rie at Will comeb8fore my a,geOCf;~ (ch~ Qn$)
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(b) The'~ IJefoNmyagencyandthei1atunJ'bfihy~ng'rnttlfesrlQthenieasurelsas folloY/$:
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Date Fled
NOTICE: VNOER PROVISIONS, OF FLORIDA STATUTES t11~317, A'FAILURE'rOMAKEANYREQUIREP: riISC~QSURE,
CONSTnUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE'OR MORE OF THE FOLLOWING': 1.~PEAC"'tdENT.
. REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY. REPRI~D! OR f-
CIVil PENALTY NOTTO EXCEEO $10.000.
ce FORM 88 - EFF. 1flOOO
,t~; --,
WORKSHOP MEETING
OCTOBER 10, 2006
A Workshop Meeting of the City Commission of the City of Delray Beach, Florida, was called to
order by Mayor Jeff Perlman in the City Commission Chambers at City Hall at 6:00 p.m., on
Tuesday, October 10, 2006.
Roll call showed:
Present - Commissioner Rita Ellis
Commissioner Fred B. Fetzer
Commissioner Jon Levinson
Commissioner Brenda B. Montague
Mayor Jeff Perlman
Also present were - David T. Harden, City Manager
Robert A. Barcinski, Assistant City Manager
Susan A. Ruby, City Attorney
Janet K. Whipple, Deputy City Clerk
Mayor Perlman called the meeting to order and announced that it had been called for the purpose of
considering the following items:
WORKSHOP AGENDA
1. Presentation of the Old Library Site Request for Proposal ~FP) - The Pugliese Company and
the Coastal Design & Development Group (This presentation will be held in the Commission Chambers)
Diane Colonna, Executive Director of the Community Redevelopment Agency (CRA)
provided background information for the Request for Proposal (RFP) issued by the
Community Redevelopment Agency (CRA) for developers interested in redeveloping the old
library site which includes the property the library is on, plus the adjacent public parking lot,
and the Chamber of Commerce property. Proposals from two (2) local firms, Pugliese
Company and Coastal Design and Development Group, were received. The Community
Redevelopment Agency (eRA) Board met on September 28, 2006 to consider both
proposals and supported Coastal Design and Development Group by a vote of 3 to 2.
Mayor Perlman noted for the presentations for Workshop Items 1 and 2, each applicant
would be allowed a twenty (20) minute time limit, followed by ten (10) minutes of
questioning from the Commission, and three (3) minutes each from any members of the
public who may wish to speak.
Francisco Perez-Azua of Perez Design Group Inc., representing Pugliese Company,
presented a PowerPoint Presentation overview of their company's development concept.
The proposed project would include a project anchor which was suggested as a specialty
grocery store, eighty-one (81) additional parking spaces, 45,000 square feet of office space,
and residential units.
Bob Basehart, Executive Vice President of the Pugliese Company, provided additional
information concerning Pugliese's concept of development to the Old Library Site
Redevelopment Project.
Lewis Carbone, from Coastal Design and Development Group, presented a PowerPoint
Presentation for the overview of their company's development concept. This proposed plan
included a sixty (60) room hotel, a public plaza; office, retail, and commercial space; a
parking garage; and a space for the relocation of the Chamber of Commerce.
Randall Stofft, from Randall Stofft Architects, commented on their site plan concept.
Several member of the community came to the podium to express their opinions concerning
the proposals.
It was the consensus of the Commission to proceed with Coastal Design and Development
Group. The Community Redevelopment Agency (CRA) was requested to discuss and
explore feasibility of additional parking spaces and how the concept would fit into the City's
ultimate parking plan.
2. Presentations on Wifi Services: Annapolis. Gold Zone and Team ATCI (This presentation will be
held in the Commission Chambers)
Joe Safford, Finance Director, stated the WiFi Committee selected three (3) firms to present
recommended models to implement WiFi alternatives in the City of Delray. One bowed
out; therefore, the remaining two would make presentations to the Commission. Staff was
seeking direction for approval to negotiate with the selected firm. A contract would be
brought back to Commission for approval.
ATC International, Inc. (Team ATCI), based in South Floridaa provided a PowerPoint
Presentation illustrating the installation of a comprehensive city-wide WiFi mesh at no cost
to the City for installation. Focus was on City services as a primary customer of the
network, which would include public safety, utility meter reading, parking meters and other
field personnel services. Additional proposals would include an "e-magazine", interactive
kiosks, neighborhood networks, and a content administration portal that is updated in real
time. Concepts would involve students, special events, residents, businesses and visitors.
2
OCTOBER 10, 2006
Residents and VlS1tors would be offered three levels of service: Phase One (1) would
encompass Adantic Avenue from 1-95 to AlA, six (6) blocks north and south of Atlantic
Avenue; Phase Two (2) would encompass the remainder of the City east of 1-95; and Phase
Three (3) would encompass the rest of the City west of 1-95.
Annapolis Wireless Internet provided a PowerPoint Presentation proposing to have several
"hot spots" in areas of the City based upon projected profitability. The presented model did
not provide city-wide WiFi. The hot spots would be free to the public and they would profit
by providing advertising on their splash page which would be paid for by commercial
establishments. It was suggested by Annapolis to use the Adantic Avenue hot spot as a pilot
project and they would expand their hot spots after the successful completion of the area.
Annapolis would require a franchise from the City for WiFi network operations for no less
than thirty-six (36) months.
Discussion followed on the feasibility of each proposal.
It was the consensus of the Commission to pursue negotiations with A TC International, Inc.
(Team ATCI).
At this time the Commission decided to stay in the Commission Chambers in lieu of moving
to the First Floor Conference Room.
3. Proposed Joint Fundraising Project for the Education Foundation
Janet Meeks, Education Coordinator and Debbie Kaiser, Chairman of the Education Board,
provided background information on the partnership of the Education Board with the
Downtown Marketing Cooperative, and the Chamber of Commerce Education Foundation
to propose a joint project to create a $200,000 plus fund that will enable self perpetuating
annual grants to each public and private school in Delray Beach. An idea of a Pop-up Book
of Delray Beach had been developed which would incorporate reading, Delray Beach
history, students, schools, heritage and the opportunity to create a legacy fund that enables
grants for our schools in perpetuity. The Pop-up book would be six (6) pages, capturing the
Cultural Heritage, History, Recreation, Education, Downtown and All American City
accomplishments of our Village by the Sea. The book would sell for $20.00 and be available
for sale in concert with celebrating the 10th Anniversary of the City's one-hundred (100) foot
Christmas tree in November 2007.
It was the consensus of the Commission this endeavor was an ambitious goal, they wished
the participants well, and provided full support to the project.
3
OCTOBER 10, 2006
4. You Are Not Alone Group Proposal for Holiday Project
Robert A. Barcinski, Assistant City Manager; Commissioner Brenda Montague; Former
Commissioner Alberta McCarthy, founder of You Are Not Alone Foundation; Lynell
Chauncey, Forgotten Soldier Outreach; Creig and Dave Smith U.S.A.F. Colonel (Ret.),
facilitators for Your Are Not Alone; Delores and Gambino Rangel, whose daughter Melissa
is fInishing her third term in Iraq, were in attendance to provide presentations and support
for the "Project Holiday" which is being proposed by the You Are Not Alone organization
in affiliation with Forgotten Soldiers Outreach, Inc. This is a holiday project which would
include a letter writing project by our school children along with a collection of items needed
by our Armed Forces overseas targeting in particular Delray Beach and Palm Beach County
service people serving in combat areas. This would be a citywide project which would
include our employees. Packages would have to be shipped by December 4, 2006 to be
overseas by Christmas. Request for funding approval would be placed on the October 17,
2006 City Commission agenda.
It was the consensus of the Commission to proceed with the project.
5. Proposed Temporal1 Site for Fire Station No.4
David T. Harden, City Manager presented background information concerning Fire Station
No. 4 which had been damaged during Hurricane Wilma. It has been requested to
temporarily relocate Fire No.4 to a temporary site until a permanent facility could be
completed. Two sites are being considered, Bexley Trails Park and Barwick Road Baptist
Church property. This is informational only unless Commission had any concerns.
Delray Beach Fire Chief Kerry Koen provided information concerning response times from
either one of those locations. Anticipated time for a rental facility would be approximately
eighteen (18) months, awaiting completion of the permanent Fire Station.
It was the consensus of the Commission that there were no concerns and to proceed with
feasibility of either location.
6. Fire Assessment Fee Consulting Proposal from Government Services. Group Inc.
David T. Harden, City Manager provided background information and was requesting the
City Commission to consider a proposal from Government Services Group, Inc. for a Fire
Assessment Fee Program. The object of the project is to provide specialized assistance to
the City in the Development and implementation of a non-ad valorem assessment program
for fire protection services within the incorporated area of the City.
4
OcrOBER 10,2006
It was the consensus of the Commission to not proceed with proposal.
7. Insurance premium taxes from the Towns of Gulf Stream and Highland Beach
David T. Harden, City Manager provided background information concerning the state law
enacted in 2005 which was amended to allow municipalities providing fire protection
services by contract to another municipality to receive the insurance premium taxes collected
in the municipality receiving services. These insurance premium taxes would go into the
firefighter's pension fund. The tax is 1.85% of property insurance premiums. If a
municipality levies the tax, it goes into a fire pension plan. If the municipality does not levy
the tax, the state does and it goes to the state. In other words, for a municipality to adopt
the tax does not represent a tax increase. It is requested of the towns of Gulf Stream and
Highland Beach to adopt the insurance premium tax provided that the Police and Fire
Pension Board, or any other necessary parties, agree to end efforts to retroactively add
certification pay to pensionable earning for firefighters. It could also be asked that they
cease the use of a third party administrator since this is an unnecessary expense to the fund.
It was the consensus of the Commission to have staff move forward by requesting Gulf
Stream and Highland Beach to adopt the insurance premium tax.
8. National Citizen Survey
David T. Harden, City Manager provided information concerning the National Citizen
Survey by the National Research Center, Inc. (NRC) and the International City/County
Management Association (ICMA) which provided a semi-customizable tool for conducting a
local citizen survey. The Survey provides for a comparison with the aggregate results from
other cities. By conducting this survey, it will provide feedback from residents which can
help to determine the City's effectiveness in meeting the Commission's goals such as "Top
Quality Services Valued by Citizens" and "Quality Neighborhoods Where People Want to
Live" .
It was the consensus of the Commission to authorize staff to move forward with utilization
of the National Citizen Survey for the City of Delray Beach.
9. Performance Appraisal System for Department Head
David T. Harden, City Manager, reviewed the draft performance appraisal for Department
Heads. These forms are for review and any suggested changes.
5
OCTOBER 10, 2006
Harry Hamilton, Human Resources Director explained the key goals and objectives, SPIRIT
Core Values, and Management Effectiveness Accountabilities.
It was the consensus of the Commission that this was a much needed product for employee
performance evaluations. Appreciation was extended to Harry Hamilton for the fine work
he has accomplished at the City of Delray Beach, and he will be missed.
Mayor Perlman adjourned the Workshop Meeting at 10:09 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 Workshop Meeting of the City Commission held on Tuesday,
October 10, 2006, which Minutes were formally approved and adopted by the City Commission on
City Clerk
NOTE TO READER: If the Minutes you have received are not completed as indicated above,
this means they are not the official Minutes of the City Commission. They will become the official
Minutes only after review and approval, which may involve amendments, additions or deletions to
the Minutes as set forth above.
6
OCTOBER 10, 2006
WHEREAS, the City of Delray Beach recognizes the power of family literacy and
the importance of children and parents reading and leaming together; and
WHEREAS, family literacy activities throughout the year are beneficial to all ages
and encourage life long learning opportunities; and
WHEREAS, community leaders. educators, policy makers, businesses, parents,
and volunteers are encouraged to work together to raise awareness of family literacy
and ensure that all children and adults have a fair, equal, and significant opportunity to
learn; and
WHEREAS, The City of Delray Beach is proud to launch in the month of
November, The Mayor's Literacy Partnership, entitled "Delray Beach.... Get Caught
Reading", and
WHEREAS, Delray Beach is a place where everyone is encouraged to read and
Literacy is a core value in the community.
NOW, THEREFORE, I JEFF PERLMAN, Mayor of the City of Delray Beach,
Florida, on behalf of the City Commission and the Citizens of Delray Beach, do hereby
proclaim November 2006 as
Velr~ Beach,
N~LOt'\aLf~ Liter~ Mo-ntht
and encourage families to read together and participate in the interactive literacy
programs being carried out in the City of Delray Beach.
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 17th day of October 2006.
JEFF PERLMAN
MAYOR
6;'\
~
b.R
~
RESOLUTION NO. 35-06
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, RECOGNIZING AND COMMENDING
JACK CEASAR FOR THIRTY-FIVE YEARS OF DEDICATED
SERVICE TO THE CITY OF DELRA Y BEACH.
WHEREAS, Jack Ceasar was hired by the City of Delray Beach on October 15, 1971; and
WHEREAS, on October 15, 2006, Jack Ceasar reached a milestone in his career, having effectively
achieved thirty-five (35) years of continuous, full-time service with the City of Delray Beach; and
WHEREAS, during the past thirty-five (35) years Jack has served this community with honor and
distinction as a Crew Leader in our Parks Maintenance Division; and
WHEREAS, Jack has been a dedicated and loyal employee, gifted with wisdom, serving as a mentor
to his peers, a counselor to his managers, an encourager and a leader, always exhibiting a positive "can do"
attitude; and
WHEREAS, We feel especially proud of his work effort and contributions to the City, and
recognize the fact that he is known throughout the community for his thorough working knowledge on a
variety of subjects; and
WHEREAS, the City of Delray Beach and the Parks and Recreation Department are honored to
have Jack Ceasar as a valued member of the municipal team over the past thirty-five (35) years.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray Beach hereby recogruzes and
commends Jack Ceasar for thirty-five years of dedicated and faithful public service.
Section 2. That the City Commission hereby congratulates and expresses sincere thanks and
appreciation to Jack Ceasar for his many years of service, and further wishes him the best of health and
happiness as he enjoys his upcoming retirement and the many new opportunities which are sure to come his
way.
PASSED AND ADOPTED in regular session on this the 17th day of October, 2006.
MAYOR
ArrEST:
CITY CLERK
7. A
MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER fI:1
AGENDA ITEM # ~..~ - REGULAR MEETING OF OCTOBER 17,2006
FINAL PLAT APPROVAL/ATLANTICADELRAY
TO:
SUBJECT:
DA1E:
OCTOBER 13, 2006
This is before the Commission to approve the final subdivision plat for Atlantica Delray. The
property is located between N.E. 7th Avenue and N.E. 6th Avenue (Northbound Federal Highway),
approximately 150 feet North of George Bush Boulevard.
The property consists of Lots 6, 7, 13 through 16, a portion of Lot 12, and a portion of a sixteen
(16') foot abandoned alley, block 2, Sophia Frey Addition to Delray.
All technical and staff comments have been addressed and the plat is ready for approval.
Recommend approval of the final subdivision plat for Atlantica Delray.
S:\City Oerk\AGENDA COVER MEMOS\AGENDA COVER MEMOS\Final Plat Agenda Memos\Final Plat.Atlantica Delray 1O.17.06.doc
TO:
THRU:
FROM:
SUBJECT: MEETING OF OCTOBER 17, 2006 ***REGULAR AGENDA***
FINAL SUBDIVISION PLAT FOR ATLANTICA DELRAY. A MIXED-USE
DEVELOPMENT CONTAINING 8 TOWNHOUSE UNITS, 3 CONDOMINIUM
RESIDENTIAL UNITS AND 2,642 SQUARE FEET OF OFFICE FLOOR AREA,
LOCATED BETWEEN N.E. 7TH AVENUE AND N.E. 6TH AVENUE (NORTHBOUND
FEDERAL HIGHWAY), APPROXIMATELY 150 FEET NORTH OF GEORGE BUSH
BOULEVARD.
The property consists of Lots 6,7, 13 through 16, a portion of Lot 12, and a portion of a sixteen foot
abandoned alley, Block 2, Sophia Frey Addition to Delray. The property contains two single family
homes that were constructed in 1925 and 1959 and the property is zoned RM (Medium Density
Residential) east of the alley and GC (General Commercial) west of the alley.
At its meeting of October 17, 2005 the Planning and Zoning Board recommended approval of the
abandonment of a portion of a 16' wide alley lying adjacent to Lots 4-7 and Lots 13-16, Block 2 of
Sophia Frey Addition to Delray. The abandonment was approved by City Commission on February
21, 2006 and has been incorporated in this plat.
At its meeting of January 25, 2006, the Site Plan Review and Appearance Board Approved a Class
V Site Plan, Landscape Plan and Architectural Elevations for the mixed-use development. One of
the conditions of approval was the processing of a plat, which is now before the Commission for
approval.
The development proposal includes demolition of the existing buildings and construction of 8
townhouse units and a mixed-use building that will contain 3 condominium residential units and
2,642 square feet of office use. The 8 townhouse lots will take access from NE ih Avenue while the
mixed use building will take access from NE 6th Avenue (Northbound Federal Highway). The
proposal includes the construction of 13 surface parking spaces and 10 two-car garages, one for
each townhouse unit and two of the condominium units.
The townhouse units will be developed on Lots 1-8, which range from 24.08' to 40.92' wide by
132.55' deep. The residential condominium units and office component will be developed on a
single tract, dedicated as Parcel "A", which measures 133.19' wide by 99.92' long. A 5' wide
concrete sidewalk is proposed along the NE 7th Avenue right-of-way and a 5' wide concrete sidewalk
exists within the right of way of NE 6th Avenue.
The Planning and Zoning Board considered the proposed plat at their meeting of April 17, 2006.
After reviewing the staff report, the Board voted 7 - 0 to approve the preliminary plat and to
recommend approval of the final plat to the City Commission.
City Commission Documentation - Meeting of October 1 yth, 2006
Atlantica Plat
Page 2
Approve the Final Plat for Atlantica Delray, by adopting the findings of fact and law contained in the
Planning and Zoning staff report (dated April 16, 2006), and finding that the request is consistent
with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(J) (Major Subdivisions),
Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3.1.1 (Required Findings for
Land Use and Land Development Applications) of the Land Development Regulations.
Report Prepared by: Scott Zubek, Senior Planner
Attachments:
· Reduced Plat
· Planning and Zoning Staff Report of April 17, 2006
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PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: April 17, 2006
AGENDA ITEM: V.A.
ITEM: Combined Preliminary/Final Plat associated with the development of a mixed-use
residential and office project for Atlantica, located between NE 7th Avenue and NE
6th Avenue (Northbound Federal Highway), approximately 150 feet north of George
Bush Boulevard.
GENERAL DATA:
Owner! Applicant.........................
Agent......................................... .
Location.................................... ..
Property Size..............................
Future Land Use Map...............
Current Zoning............................
Adjacent Zoning.. ....... ...... .North:
East:
South:
West:
Existing Land Use......................
Proposed Land Use....................
Water Service.............................
Sewer Service........ ........ .............
LMC Development Delray,
L.L.C.
Miller Land Planning
Consultants
Between NE th Avenue and
Federal Highway (NE 6th
Avenue), approximately 150-
feet north of George Bush
Boulevard.
1.026 Acres
MD (Medium Density
Residential, 5 - 12 Units/Acre)
and GC (General Commercial)
RM (Multiple Family
Residential - Medium
Density) and GC (General
Commercial)
RM and GC
RM
GC
GC
Two Single Family
Residences
Construction of eight
townhouses and a mixed use
building that contains three
loft dwelling units and 2,642
square feet of office floor
area.
Available via a water main
extension from Federal
Highway which will connect to
a pro~osed 8" water main in
NE 7 Avenue.
Available via service lateral
connections to an existing 8"
sewer main in the alleyway.
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MAP REF: LM897
The item before the Board is that of approval of a preliminary plat and certification of a final plat
for a 1.026 acre, mixed-use development containing 8 townhouse units, 3 condominium
residential units and 2,642 square feet of office floor area to be platted as Atlantica. The
subject property is located between NE ih Avenue and NE 6th Avenue (Northbound Federal
Highway), approximately 150 feet north of George Bush Boulevard.
This plat is being processed pursuant to LOR Section 2.4.5(J), Major Subdivisions.
The property consists of Lots 6, 7, 13 through 16, a portion of Lot 12, and a portion of a sixteen
foot abandoned alley, Block 2, Sophia Frey Addition to Delray. The property contains two single
family homes that were constructed in 1925 and 1959 and the property is zoned RM (Medium
Density Residential) east of the alley and GC (General Commercial) west of the alley.
At its meeting of October 17, 2005 the Planning and Zoning Board recommended approval of
the abandonment of a portion of a 16' wide alley lying adjacent to Lots 4-7 and Lots 13-16,
Block 2 of Sophia Frey Addition to Delray.
At its meeting of January 25, 2006, the Site Plan Review and Appearance Board Approved a
Class V Site Plan, Landscape Plan and Architectural Elevations for the mixed-use development.
At its meeting of February 21, 2006, the City Commission approved the abandonment of a
portion of the 16' wide alley lying adjacent to Lots 4-7 and Lots 13-16, Block 2 of Sophia Frey
Addition to Delray.
The plat currently before the Board includes the abandonment area and is required for multi-
family/townhouse and mixed-use type of developments.
The development proposal includes of the demolition of the existing buildings and construction
of 8 townhouse units and a mixed-use building that consists of 3 condominium residential units
and 2,642 square feet of office use. The townhouse lots will take access from NW ih Avenue
while the mixed use building and residential condominiums will take access from Northbound
Federal Highway. The proposal also includes the construction of 13 surface parking spaces
and two-car garages for each townhouse unit and for two of the condominium units.
The townhouse units will be developed on Lots 1-8, which range from 24.08' to 40.92' wide by
132.55' deep. The residential condominium units and office component will be developed on a
single tract, dedicated as Parcel "A", which measures 133.19' wide by 99.92' long. Vehicular
access will be taken from NE ih Avenue and NE 6th Avenue; therefore, an internal dedicated
access tract will not be required. A 5' wide concrete sidewalk is proposed along the NW ih
Avenue right-of-way and a 5' wide concrete sidewalk exists along NE 6th Avenue.
Pursuant to Section 3.1.1 of the Land Development Regulations, prior to approval of
development applications, certain findings must be made in a form which is part of the
official record. This may be achieved through information in the application, the staff
report, or minutes. Findings shall be made by the Board to approve or deny the
P&Z Board Staff Report, Meeting of April 17, 2006, Atlantica Plat
Page 2
development application. These findings relate to Future land Use Map, Concurrency
and Consistency with the Comprehensive Plan, and Compliance with the land
Development Regulations.
Section 3.1.1 (A) - Future land Use Map: The resulting use of land or structures must be
allowed in the zoning district within which the land is situated and said zoning must be
consistent with the applicable land use designation as shown on the Future Land Use
Map.
The eastern portion of the property has a Future Land Use Map (FLUM) designation of MD
(Medium Density 5-12 du/ac), and is zoned RM (Multiple Family Residential- Medium Density).
The western portion of the property has a GC (General Commercial) FLUM and zoning
designation. Pursuant to LDR Section 4.4.6(B)(3), multiple family structures are permitted uses
in the RM zoning district. Pursuant to LDR Section 4.4.9(B)(5), mixed use buildings are allowed
in the GC zoning district. Based upon the above, it is appropriate to make a positive finding with
respect to consistency with the Future Land Use Map designation.
Section 3.1.1 (B) - Concurrency: Pursuant to Section 3.1.1 (B) Concurrency as defined
pursuant to Objective B-2 of the Future Land Use Element of the Comprehensive Plan
must be met and a determination made that the public facility needs of the requested
land use and/or development application will not exceed the ability of the City to fund
and provide, or to require the provision of, needed capital improvements for the
following areas:
Water and Sewer:
· The property is currently served by an 8" water main extension from an existing 8" water
main along Federal Highway. The existing service lateral will be extended to connect to a
proposed 8" water main along NE ih Avenue.
· Sewer service will be provided via service lateral connections to an existing 8" sewer main
along the alley.
. Adequate fire suppression will be provided via installation of a fire hydrant along NE ih
Avenue.
Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water
Treatment Plant and the South Central County Waste Water Treatment Plant for the City at
build-out. Based upon the above, positive findings can be made with respect to this level of
service standard.
Drainaae:
Drainage is to be accommodated via sheet flow to catch basins that drain to an exfiltration
system. There are no problems anticipated in complying with SFWMD requirements and thus,
obtaining a surface water permit.
Streets and Traffic:
A traffic statement has been submitted that indicates that the office and 11 multiple family
dwelling units will generate 146 new average daily trips and 25 p.m. peak hour trips. A letter
has been received from the Palm Beach County Traffic Division that indicates a finding of
concurrency for the proposed development can be made. Based upon the above, a positive
finding can be made with respect to traffic concurrency.
P&Z Board Staff Report, Meeting of April 17, 2006, Atlantica Plat
Page 3
Parks and Recreation Facilities:
The proposed units will not have a significant impact with respect to level of service standards
for parks and recreation facilities. However, pursuant to LDR Section 5.3.2, whenever a
development is proposed upon land which is not designated for park purposes in the
Comprehensive Plan, an in-lieu fee of $500.00 per dwelling unit will be collected prior to
issuance of building permits for each unit. Thus, an in-lieu fee of $5,500.00 will be required of
this development.
Solid Waste:
Trash generated each year by this development will be approximately 0.52 tons per residential
unit (11 units) for a total of 5.72 tons/year. The trash generated by the 2,642 square feet of
office will be 7.13 tons/year for a total of 12.85 tons/year. This increase can be accommodated
by existing facilities and thus, will not be significant with respect to this level of service standard.
School Concurrency:
A letter has not been received from the School District with respect to concurrency. It should be
mentioned that the applicant has submitted the required application to the School District for
concurrency determination with the Site Plan and a response is expected soon. It should also
be noted that the 11 multiple family dwelling units will have a negligible impact on levels-of-
service with respect to the School District.
Section 3.1.1 (C) - Consistency: Pursuant to Section 3.2.1 (Basis for Determining
Consistency), the performance standards set forth in Section 3.2.3 (Standards for Site
Plan and/or Plat Actions) shall be the basis upon which a finding of overall consistency
is to be made.
As described in Appendix "A", a positive finding for consistency can be made as it relates to
Standards for Plat Actions.
Section 3.1.1 (D) - Compliance with the land Development Reaulations:
. lOR Section 4.3.3(0)(2) (Plat Reauired):
Each townhouse, or townhouse type, development shall be platted with a minimum
designation of the interior street system as a tract. When the dwelling units are to be sold,
each unit must be shown on the plat. All townhouse units have been shown as a separate
lot and the Residential Condominium/ Commercial portions of the development are shown
as a separate tract. An internal access tract is not required as all vehicular access can be
taken from NE ih Avenue or Federal Highway (NE 6th Avenue). The submitted plat meets
all other requirements.
. LOR Section 6.1.3(B)(2)(Sidewalk Desian Reauirements):
Pursuant to LDR Section 6.1.3(B)(2), 5' wide sidewalks must be constructed within the street
right-of-way (or easement or tract) and must be constructed adjacent to the right-of-way
(easement or tract) line. A 5' wide concrete sidewalk is proposed along the NE 7th Avenue
right-of-way and a 5' wide concrete sidewalk exists along Federal Highway. However, as
depicted on the Paving and Drainage Plan, it appears that a portion of the existing sidewalk
along Federal Highway will be relocated onto the subject property to accommodate the
driveway apron. A sidewalk easement will be required for this portion of the site and is listed
as a technical comment to be addressed within Appendix "B" of this report.
P&Z Board Staff Report, Meeting of April 17, 2006, Atlantica Plat
Page 4
. LDR Section 5.3.1CRiaht-of-Way Dedication):
Per LDR Section 5.3.1 (A), streets, public or private, shall be shown on all subdivision plats
as tracts dedicated for such purposes.
Vehicular access will be taken directly from NE 7th Avenue and Federal Highway; therefore,
a dedicated tract for access purposes will not be required. Pursuant to LDR Section
5.3.1 (D)(2), the required right-of-way width of NE ih Avenue is 60' and 50' currently exists.
For existing streets, the City Engineer upon a favorable recommendation from the
Development Management Services Group (DSMG) may grant reductions in right-of-way
width. The City Engineer and DSMG have reviewed the request for a reduction in right-of-
way width and have determined that the existing right-of-way width of 50' is sufficient.
Comprehensive Plan Policies:
A review of the objectives and policies of the Comprehensive Plan were conducted with the
Site Plan and all applicable objectives or policies along with a discussion on how they are
addressed is attached as Appendix "C".
Technical comments from the Planning & Zoning Department and Environmental Services
Department are attached as Appendix "B", and must be addressed prior to scheduling of the
plat for City Commission. While there are a considerable number of comments, they are minor
in nature and will not impact the general plat diagram. It should be noted that the applicant is
currently revising the plat based upon comments generated during technical review; however, a
revised plat has not been submitted at the time this report was written.
This project proposal is not within the geographical area requIring review by the Historic
Preservation Board (HPB) or the Downtown Development Authority (DDA). However, the
project proposal is within the area requiring review by the Community Redevelopment Agency
(CRA).
Community Redevelopment Aaency
The CRA considered the development proposal at its meeting of January 26, 2006 and
recommended approval.
Courtesy Notices:
A courtesy notice has been sent to the following neighborhood and civic associations:
· Neighborhood Advisory Council
· Progressive Residents of Delray (PROD)
· President's Council
· La Hacienda
Letters of objection or support, if any, will be presented at the Planning and Zoning Board
meeting.
P&Z Board Staff Report, Meeting of April 17, 2006, Atlantica Plat
Page 5
The proposal to construct 8 townhouse units, 3 residential condominium units and 2,642 square
feet of office floor area is consistent with the Zoning and Future Land Use Map designation for
the subject property. In addition, the proposed development is consistent with the North Federal
Highway Redevelopment Plan by providing a pedestrian friendly development, (Le. mixed-use)
that conforms to the required urban setbacks identified in the plan. Positive findings can be
made with respect to LDR Section 2.4.5(J) (Major Subdivisions), LDR Section 3.1.1 (Required
Findings for Land Use and Land Development Applications), Section 3.2.3 (Standards for Site
Plan and/or Plat Actions) and the Goals, Objectives and Policies of the Comprehensive Plan.
The plat and engineering plans will require minor technical modifications, as listed in "Appendix
"B" - Technical Items" section of this report, before it can advance to the City Commission.
A. Continue with direction.
B. Move a recommendation of approval to the City Commission of the request of the
Preliminary Plat and certification of the Final Plat for Atlantica, by adopting the findings of
fact and law contained in the staff report, and finding that the request and approval thereof is
consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(J)
(Major Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and
Section 3.1.1 (Required Findings for Land Use and Land Development Applications) of the
Land Development Regulations, subject to conditions.
c. Approve the preliminary plat, and require submittal of a final plat to be processed separately.
D. Deny the preliminary plat and final plat with basis stated.
Move a recommendation of approval to the City Commission of the Preliminary Plat and
certification of the Final Plat for Atlantica, 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(J) (Major Subdivisions), Section 3.2.3 (Standards for
Site Plan and/or Plat Actions) and Section 3.1.1 (Required Findings for Land Use and Land
Development Applications) of the Land Development Regulations, subject to the following
condition:
1. That all comments under the "Technical Items" section (Appendix "B") of the report be
addressed prior to scheduling the plat for City Commission action.
Attachments:
. Appendix "A"
. Appendix "B"
. Appendix "e"
. Location Map
. Reduced Survey
. Reduced Plat
. Reduced Site Plan
P&Z Board Staff Report, Meeting of April 17, 2006, Atlantica Plat
Page 6
A. Building design, landscaping, and lighting (glare) shall be such that they do not
create unwarranted distractions or blockage of visibility as it pertains to traffic
circulation.
Not applicable
Meets intent of standard X
Does not meet intent
B. Separation of different forms of transportation shall be encouraged. This includes
pedestrians, bicyclists, and vehicles in a manner consistent with policies found under
Objectives D-1 and D-2 of the Transportation Element.
Not applicable X
Meets intent of standard
Does not meet intent
C. Open space enhancements as described in Policies found under Objective B-1 of the
Open Space and Recreation Element are appropriately addressed.
Not applicable
Meets intent of standard X
Does not meet intent
D. The City shall evaluate the effect that any street widening or traffic circulation
modification may have upon an existing neighborhood. If it is determined that the
widening or modification will be detrimental and result in a degradation of the
neighborhood, the project shall not be permitted.
Not applicable X
Meets intent of standard
Does not meet intent
E. Development of vacant land which is zoned for residential purposes shall be planned
in a manner which is consistent with adjacent development regardless of zoning
designations.
Not applicable
Meets intent of standard X
Does not meet intent
P&Z Board Staff Report, Meeting of April 17, 2006, Atlantica Plat
Page 7
F. Vacant property shall be developed in a manner so that the future use and intensity
are appropriate in terms of soil, topographic, and other applicable physical
considerations; complementary to adjacent land uses; and fulfills remaining land use
needs.
Not applicable
Meets intent of standard X
Does not meet intent
G. Redevelopment and the development of new land shall result in the provision of a
variety of housing types which shall continue to accommodate the diverse makeup of
the City's demographic profile, and meet the housing needs identified in the Housing
Element. This shall be accomplished through the implementation of policies under
Objective B-2 of the Housing Element.
Not applicable
Meets intent of standard X
Does not meet intent
H. The City shall consider the effect that the proposal will have on the stability of nearby
neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation
patterns shall be reviewed in terms of their potential to negatively impact the safety,
habitability and stability of residential areas. If it is determined that a proposed
development will result in a degradation of any neighborhood, the project shall be
modified accordingly or denied.
Not applicable
Meets intent of standard X
Does not meet intent
I. Development shall not be approved if traffic associated with such development would
create a new high accident location, or exacerbate an existing situation causing it to
become a high accident location, without such development taking actions to remedy
the accident situation.
Not applicable X
Meets intent of standard
Does not meet intent
J. Tot lots and recreational areas, serving children from toddler to teens, shall be a
feature of all new housing developments as part of the design to accommodate
households having a range of ages. This requirement may be waived or modified for
residential developments located in the downtown area, and for infill projects having
fewer than 25 units.
Not applicable X
Meets intent of standard
Does not meet intent
P&Z Board Staff Report, Meeting of April 17, 2006, Atlantica Plat
Page 8
The following comments must be addressed prior to scheduling the plat for City Commission:
Plannina & Zonina DelJartment Comments:
Technical Comments:
1. Provide a copy of the Declaration of Covenants, Conditions and Restrictions for
Atlantica Delray Property Owners Association, Inc.
2. Provide a Recorded copy of the Articles of Incorporation for Atlantica Delray Property
Owners Association, Inc.
3. Provide a copy of the Declaration of A Condominium for Atlantica Delray
Condominium Association, Inc.
4. Provide a Recorded copy of the Articles of Incorporation for Atlantica Delray
Condominium Association, Inc.
5. The City has not received responses from Bellsouth and Florida Public Utilities
concerning any necessary easements at the time this report was written. The Final Plat
cannot proceed to City Commission until all responses have been received.
Plat Comments:
1. Final Plat and Final Engineering Plans must be drawn at the same scale (1" = 20' is
preferable ).
2. Please correct the spelling of Sharon R. "Bock", Clerk and Comptroller.
3. Please change the General Utility Easement to become an exclusive Water Easement
dedicated to the City of Delray Beach for the proposed water main and amend the
dedication language and plat accordingly.
4. Show the Centerline of Federal Highway (NE 6th Avenue) and dimension accordingly.
5. Please dimension from the Centerline of George Bush Boulevard to south line of Block 2,
Sophia Frey.
6. Alleyway was abandoned via City Resolution No. 11-06 which retained a General Utility
Easement over the entire abandonment area. Please show the area abandoned as a
General Utility Easement.
7. Please dedicate a Maintenance/Access Easement along the rear of Lots 1 through 8 and
provide associated dedication language.
8. According to the paving and grading plan, the sidewalk along Federal Highway encroaches
on a portion of Parcel A. A sidewalk easement is needed for this encroachment. Please
show this area as a sidewalk easement and provide associated dedication language.
P&Z Board Staff Report, Meeting of April 17, 2006, Atlantica Plat
Page 9
9. Please dedicate "Parcel A and Lots 1 through 8 for private purposes allowed pursuant to the
zoning regulations of the City of Delray Beach" under the dedication section.
10. Please depict the portion of alley abandoned correctly (extend the lot lines for Lot 3, Lot 4
and Lot 5 of Block 2 to the centerline of Alleyway). In addition, alleyway being depicted
north of the subject property has also been abandoned (Resolution No. 59-82) and needs to
be shown correctly.
11. A Notification of Utility Providers Form was returned from Florida Power and Light (FP&L)
requesting that a 10' wide Utility Easement be provided around the entire inside perimeter of
the platted boundaries. This request conflicts with structures located within Parcel A.
Please coordinate with FP&L for alternative locations for this requested easement. Keep in
mind that a general utility easement was retained over the entire abandonment area.
Environmental Services Department's Comments:
Plat Comments:
1. Provide coordinates on all P.R.M.
2. Provide digital copy of recorded plat in format per City of Delray Beach Engineering.
3. Provide exclusive water and sewer easement over existing facilities in alley.
4. Water and Sewer easement language should match City of Delray Beach Standard
language.
5. Provide exclusive water and sewer easement over water main.
6. Provide 10' general utility easement through property.
7. Provide sidewalk easement along Federal Highway. Coordinate with Engineer.
8. Please add the Director of Environmental Services from the City Approval Block.
9. Tie Plat to a section corner.
10. Provide drainage easements for all proposed drainage.
11. Plat and engineering plans are to be at the same scale (1"=20' or 1"=30'). Please
coordinate with Engineer.
Technical Comments:
1. FDOT permits are required for this project. Provide copies of FDOT permits for utility
improvements. Provide the following information so that a hold harmless agreement can be
executed prior to the City signing FDOT utility permit application(s).
a. Developer's Name
b. Developer's Company Name
c. Development Name
2. Health Department permits are required for this project. Provide copies of the water permit
and sewer permit.
P&Z Board Staff Report, Meeting of April 17, 2006, Atlantica Plat
Page 10
3. A SFWMD permit is required for this project. Provide copies of permit or a letter of
exception.
4. Construction easements will be required from adjacent property owners for Sections C, F,
and G. Provide copies of easements.
5. Drainage in Section B appears to flow onto the adjacent properties. Revise sections and
grading as required.
6. Provide certified exfiltration trench test results.
7. Indicate on engineering plans how the roof drainage is accommodated.
8. Change paver brick section on sheet 4 to read "Paver Brick Section (Detail RT 10.1 )".
9. Show details of all eight driveway connections along NE th Avenue, including how drives tie
into existing road. Valley gutter and drainage must be shown and NE ih Avenue.
10. Minimum height of building construction over water main easement is 14'-0". Revise
elevation of the "bridge" between the two office/commercial buildings along Federal
Highway.
11. Provide sidewalk easement for the sidewalk through driveway onto Federal Highway.
12. Indicate sight distances at all ingress/egress points and all intersections. Sight triangles
should be indicated on landscape plans. Provide copy of the approved landscape plans, per
section 4.6.14 of LOR's. Any landscaping in site triangle "shall provide unobstructed cross-
visibility at a level between 3' and 6'" this includes tree trunks.
13. Add fire hydrant at the corner of NE ih Avenue and George Bush Blvd.
14. Indicate location of existing sewer service. A c1eanout will be required on the sewer service
at the right-of-way line and/or easement line. Use existing sewer services where possible.
15. Show existing water services on NE ih Avenue.
16. Indicate on plans the location of pigging wyes along US 1.
17. Existing 2" line between new jumpers on Federal Highway is to be removed - not
abandoned in place.
18. Show location of existing water meters to be reconnected on east side of NE ih Ave and
remove 2" water main along NE ih Ave.
19. No landscaping, air conditioners or pool equipment are allowed in drainage easement.
20. Provide note on the landscape plans that there shall be no trees or shrubs placed within
water, sewer or drainage easements.
21. No pools or landscaping are permitted in water or drainage easements.
22. Provide copy of permitted Landscape plan.
23. .12' utility easement on sheet 2 needs to be an exclusive water and sewer easement.
P&Z Board Staff Report, Meeting of April 17, 2006, Atlantica Plat
Page 11
24. Provide per LDR Section 2.4.3 (F) (4), a composite utility plan that show the location of all
existing and proposed utilities (water, sewer, power, telephone, gas, cable, and drainage).
The composite plan shall be signed by a representative of each utility provider attesting to
the fact that 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.
25. A plat will be required. No building permit will be issued until the plat is recorded.
26. A certified engineer's estimate will be required for all City maintained improvements. A
110% surety and 2% engineering inspection fees will be required. A Financial Guarantee
and Agreement for Completion of Required Improvements is required. This agreement can
be obtained at www.mydelraybeach.com. For additional information see Section II of the
City of Delray Beach Minimum Construction Standards. Prior to Certificate of Occupancy
and the return of the 110% surety a 10% warranty surety will be required.
P&Z Board Staff Report, Meeting of April 17, 2006, Atlantica Plat
Page 12
Future Land Use Element Obiective A-1 - Property shall be developed or
redeveloped in a manner so that the future use and intensity is appropriate and
complies in terms of soil, topographic, and other applicable physical
considerations, is complimentary to adjacent land uses, and fulfills remaining
land use needs.
The property was previously developed with single family residences. Given the
development pattern of the surrounding area, which includes several multiple family
structures along the east side of NE ih Avenue and to the north, the proposed
townhouses are consistent with the neighborhood. The proposed mixed-use building is
consistent with the North Federal Highway Redevelopment Plan. There are no special
physical or environmental characteristics of the land that would be negatively impacted
by the proposed multiple family development.
Section 2.4.5 (F)(5) - Compatibilitv (Site Plan FindinQs): The approving body must
make a finding that development of the property pursuant to the site plan will be
compatible and harmonious with adjacent and nearby properties and the City as a
whole, so as not to cause substantial depreciation of property values.
The property is bordered by the following zoning designations and uses:
Direction ZoninQ Uses
North RM & GC Martell Arms & vacant
West GC Insurance Office
South GC Doctor Office & Sail Inn
East RM Residential
The proposed mixed-use and townhouse development is compatible and consistent
with the surrounding uses and will not cause a substantial depreciation of property
values.
[ITY OF DELRA' BEA[H
~
CITY ATTORNEY'S OFFICE
::>00 "lW 1 st AVENUE' DELRAY BEACH, FLORIDA 33444
TFLEP!-lOI\E: 561!24,,-70L)O . FACSIMILE: 561/278-4755
DELRAY BEACH
Writer's Direct Line: 561/243-7091
~
AII.America City
" III!DATE:
MEMORANDUM
October 9,2006
1993
2001
FROM:
City Commission
David Harden, City Manager
~_...~
Brian Shutt, Assistant City Attorney
TO:
SUBJECT: Aqreement for Sidewalk Improvements with Habitat for Humanitv of
S. Palm Beach County
Habitat has requested that the City approve the attached sidewalk agreement that
will waive the requirement that Habitat construct a sidewalk in front of these two
homes until such time as the City requests that the sidewalk be constructed.
Our office requests that this item be placed on the October 17, 2006 City
Commission agenda for approval.
Please call if you have any questions.
Attachment
cc: Chevelle Nubin, City Clerk
Randal Krejcarek, City Engineer
Lb.B
AGREEMENT FOR
SIDEWALK IMPROVEMENTS
THIS AGREEMENT entered into this ~ day of ~ ,
2006, between the City of Delray Beach (hereinafter the City) and Habitat for Humanity of S. .
Palm Beach Co. (hereinafter the Owners), for the purpose of waiving the requirement of the
installation of a sidewalk along NW 15th Avenue until such time as the City requests
the construction of the sidewalk by the Owner.
WHEREAS, Land Development Regulation Section 6.1.3(C) requires the installation of a
sidewalk, within the NW 15th Avenue right-of-way immediately abutting the subject
property, by the Owner prior to the issuance of a certificate of occupancy; and,
WHEREAS, the Owners have requested a waiver from the requirement of the installation
of a sidewalk pursuant to Land Development Regulation Section 6. 1.3 (D)(l )(b); and,
WHEREAS, in order to provide conformity along the street the City Commission voted to
waive the requirement for the installation of a sidewalk until such time as the City requests the
Owner construct the sidewalk.
WITNESSETH
NOW, THEREFORE, in witness of the above and in consideration of the City agreeing to
waive the requirement for the installation of a sidewalk, at this time, for the property located at:
Lots 21 & 22. Block B. Carver Memorial Park Plat
21) & 223 NW 15th Avenue
I. The Owner agrees to construct a sidewalk, at its sole cost and expense, along the
NW 15th Avenue 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 ofDeIray 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 , 2006.
ATTEST: CITY OF DELRA Y BEACH, FLORIDA
By:
City Clerk
Mayor
Approved as to form and sufficiency:
City Attorney
~
~ M. 5; ~ r'l-7 4- V' .p~ J )a..-
(Please type or print name) I
OWNER:
BY~~
John Shelly. VP Construction
(Please type or print name)
M/P#
jJ1. e-I,,te / E: a",~ 1'/1
(Please type or print name)
STATE OF FLORIDA
COUNTY OF PALM BEACH
he foregoing instrum
, 200bby
.,.
(SEAL)
G)'~ BAFlBARAPETRUCCEW
. { i~ MY COMMISSION' DO 526191
~\, . . . ~ EXPIRES: Man:h 7, 2010
~ . IIondedThru NalIry NIIc llndI!wItII8
agt/ sidewalk deferral agreement
repared By: RETURN TO:
R Brian Shutt, Esq.
City Attorney's Office
200 N.W. 1st Avenue
Delray Beach, Flori
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I ENVIRONMENTAL SERVICES DEPARTMENT
434 8OU1H 8WINTCW AVENUE, DEl.RAY BEACH, A..ORDA 33444
LOCATION MAP DATE: 10/06
217 & 223 N.W. 15th Ave. Sidewalk Maps
Sidewalk Deferral 1 0 f 1
MEMORANDUM
TO:
MAYOR AND CITY COMMISSIONERS
FROM:
CITY MANAGER
SUBJECT:
DATE:
REOUEST
COURT
OCTOBER 13,2006
This is before Commission to approve a request to defer the installation of a sidewalk in front of 2220
West Pine Ridge Court.
Currendy, there are no sidewalks in this area. The Seacrest/Del Ida Neighborhood plan adopted by
City Commission in 1998 did not call for sidewalk on West Pine Ridge Court. Therefore, staff is in
support of the request to have the sidewalk in front of 2220 West Pine Ridge Court deferred.
Recommend approval of the sidewalk agreement and request to allow the deferral of the sidewalk
improvements for 2220 West Pine Ridge Court until such time as the City requests the sidewalk to be
constructed.
S:\City Oerk\AGENDA COVER MEMOS\AGENDA COVER MEMOS\Sidewalk Agenda Memos\SidewalkDefernlRequest 2220 W Pine Ct 10.17.06.doc
City Of Delray Beach
Department of Environmental Services
M E M 0 RAN DUM
TO:
FROM:
David T. Harden
Randal L. Krejcarek, P.E.U
12-0ct-06
DATE:
SUBJECT: City Commission Agenda Item
Sidewalk Deferral Request
2220 W Pine Ridge CT
The attached agenda item is a request for a deferral of sidewalk installation in front of
2220 W Pine Ridge CT. This lot is a single family home.
There are currently no sidewalks on this area. The SeacrestlOel Ida Neighborhood plan
adopted by City Commission in 1998 did not call for sidewalk on W Pine Ridge CT.
Therefore, I am supporting the request to have the sidewalk in front of 2220 W Pine
Ridge CT deferred.
The attached map indicates the location of this sidewalk deferral.
Please place this item on the 17 October 2006 Commission Agenda.
Thanks.
enc
cc Richard Hasko, Director of Environmental Services
file
Agenda File, 17 October 2006
S:IEngAdminVettersIBKRANE\2220 W PINE RIDGE memo 2006-10-12.doc
6C9 - I 0 q;cZ d- r:t
.
~
Prepared By: RETURN TO:
R. Brian Shutt, Esq.
City Attorney's Office
200 N.W. 1st Avenue
Delray Beach, Florida 33444
AGREEMENT FOR
SIDEWALK IMPROVEMENTS'
THIS AGREEMENT entered into this _ day of
200_, between the City of Delray Beach (hereinafter the City) and
6v-Qd \e ~ o.~ 8-c..c'--t l L)O,..\\ (hereinafter the Owners), for the purpose of waiving
\
the requirement of the installation of a sidewalk along W ? l he 12. \ a~e C{. until such time
as the City requests the construction of the sidewalk by the Owner.
WHEREAS, Land Development Regulation Section 6.1.3(C) requires the installation ofa
sidewalk, within the W' 'Vl v-e 1Z-ld~e c.4-
right-of-way immediately abutting the subject
property, by the Owner prior to the issuance of a certificate of occupancy; and,
WHEREAS, the Owners have requested a waiver from the requirement of the installation
ofa sidewalk pursuant to Land Development Regulation Section 6.1.3(D)(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.
C:IDoclIments and SettingslwhipplelLocal Settings I Temporary Iflternet FileslOLK78\sidewalk deferral agreement. doc
WITNESSETH
NOW, THEREFORE, in witness of the above and in consideration of the City agreeing to
waive the requirement for the installation of a sidewalk, at this time, for the property located at:
.;)..;La,D W P IV'e e\.<1COe C+ I Lot- 17 I 'B \oe.\::: 1 , 'S eQ..Cre"6{.. ~c...r ~ I
Q~CO~~ ~~ ~+ ~re~~ ~~d m
'i'~,,^_ ~~<.C _ ~-_ _3~ ~ - - _0~- .-e=<C:ls,
I. The Owner agrees to construct a sidewalk, at its sole cost and expense, along the
\;.\. ?\Y)ee\.~d
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:
City Attorney
C:\Documents and Settingslwhipple\Local Settings \ Temporary ~ternet FileslOLK78\sidewalk deferral agreement. doc
WITNESSES:
d~'~JJ
/'1 cJ,de-b /ne ( {Qc-tJh/~
(PI se type or pri name) }
By: -
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STATEOF ~~k .
COUNTY OF ~ ~~t)
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Epersonallyappeared f?RM~{;j Y- ~1 ljJi;t/I[iS] [are]
o me or [has] [have] produced [and
, respectively] as identification, and who executed the foregoing
instrument, and acknowledged before me that [he] [sh~xecuted said instrument for the
purposes expressed therein.
/
WITNESS my hand and official seal this
/M~
CO day of ~
. .. - tary Publ1c . J)
My commission expires:
G' GARY LImE
(Seal) ~ MY COMMISSION #00189437
EXPIRES: MAY 18, 2007
Bonded through Advantage Notary
agt/ sidewalk deferral agreement
C:\Documents and Settingslwhipple\Local Settings\Temporary ~ternet FileslOLK78\sidewalk deferral agreement. doc
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CITY of DELRA Y BEACH
ENVIRONMENTAL SERVICES DEPARTMENT
434 8Ot1TH SWIl/T'ON A\/ENE, DBJIAY IlEAa-I, Fl.ClAIDA 3lI444
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DAlE: 10/12/2006
N PINERIDGE C
LOCATION MAP
2220 W PINE RIDGE CT
SIDEWALK DEFERRAL
00-000
Date:
25 Sept. 2006
AGENDA ITEM NUMBER:
~.t.
AGENDA REQUEST
Request to be placed on:
-L Consent Agenda _Regular Agenda _Workshop Agenda _Special Agenda
When:
17 Oct. 2006
Description of Agenda Item (who, what, where, how much):
Approval/authorization for Mayor to sian sidewalk deferral aareement for 2220 W. Ridae Ct.
16 '('l...rOIo
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes I No Initials: NA
Account Number NA
Description NA
Account Balance: NA
Funding Alternatives:
NA
(if applicable)
City Manager Review:
Approved for Agenda:r!J1 I No Initials: 4
Hold Until:
Agenda Coordinator Review:
Received:
S:\EngAdminVetters\BKRANE\2220 w ridge ct agenda170ctober2006.doc
~
[ITY DF DElRAY BEA[H
CITY ATTORNEY'S OFFICE
200 !\W I st AVENUE' DELRA Y BEACH. FLORIDA 33444
TELEPHONE: 'i61 /2.+3-70l)O . FACSIMILE: 'i61/278-4755
DELRAY BEACH
Writer's Direct Line: 561/243-7091
F lOR IDA
D.e.d
All-America City
MEMORANDUM
, III I! DATE:
1993 TO:
2001
October 11, 2006
FROM:
City Commission
David Harden, City Manager
~~
Brian Shutt, Assistant City Attorney
SUBJECT:
Acceptance of Right of Way DeedlMaroone Ford Overflow Parking Lot.
This right-of-way is required from the property owner as a condition of the development
(Maroone Ford overflow parking lot) of the property located at 1620 Wallace Drive. The
property owner will be dedicating a 10' strip to the City along the east side of the property
and adjacent to Wallace Drive.
Our office requests that this item be placed on the October 17, 2006 City Commission
agenda for accept.ance.
Please call if you have any questions.
Attachment
cc: Chevelle Nubin, City Clerk
Randal Krejcarek, City Engineer
Scott Zubek, Senior Planner
g,o
Prepared by: RETURN:
R. Brian Shutt, Esq.
City Attorney's Office
200 N.W. 1st Avenue
Delray Beach, Florida 33444
PIN #
RIGHT-OF-WAY DEED
THIS INDENTURE made this J..g~ day of se,'fe~Stf ,2006, between
BE TAN CUR REAL ESTATE MANAGEMENT, LLC, a Florida limited liability company,
with a mailing address of 3726 Lone Pine Road, Delray Beach, Florida 33455, as party of the
first part and CITY OF DELRAY BEACH, FLORIDA, a Florida municipal corporation with a
mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, as party of the second
part.
WITNESSETH:
That said party of the first part, for and in consideration of the mutual promises
herein contained and other good and valuable consideration, does hereby grant, remise, release,
quit claim and convey unto the party of the second part, its successors and assigns, all right, title,
interest, claim and demand which the party of the first part has in and to the following-described
land, situate, lying and being in the County of Palm Beach, State of Florida, to-wit:
See Exhibit "A" attached hereto.
This Deed is made for the purpose of giving and granting to the party of the
second part, its successors and assigns, a right-of-way and easement in and to said lands for
public highway, street, and public utility purposes and the maintenance thereof; and is made,
executed and delivered with the express understanding and condition that should the same ever
be discontinued or abandoned as a public highway or street, the title to same shall thereupon
revert to and revest in the party of the first part or assigns, except that the easement for public
utility purposes shall remain until released.
That this right-of-way shall be subject only to those easements, restrictions, and
reservation of record. The party of the first part agrees to provide for the release of any and all
mortgages or liens encumbering this right-of-way. The party of the first part also agrees to erect
no building or effect any other kind of construction or improvements upon the above-described
property.
Party of the first part does hereby fully warrant the title to said land and will
defend the same against the lawful claims of all persons whomsoever claimed by, through or
under it, that it has good right and lawful authority to grant the above-described right-of-way and
that the same is unencumbered. Where the context of this Right-of-Way Deed allows or permits,
the same shall include the successors or assigns of the parties.
TO HAVE AND TO HOLD THE SAME, together with all and singular the
appurtenances thereto belonging or in anywise incident or appertaining, and all the estate, right,
title, interest, and claim whatsoever of the said party of the first part, in law or in equity to the
only proper use, benefit, and behalf of the said party of the second part, its successors and
assIgns.
IN WITNESS WHEREOF, said party of the first part has hereunto set their hand
and seal the date first above written.
Signed, sealed and delivered
in the presence of:
Betancur Real Estate Management, LLC,
a ,~da limited liability company
By: ~~ ~~~
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STATE OF
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COUNTY OF
The foregoing instrument was acknowledged before me this JJ'A day of
Se~k"t!><( , 200.6 by IkN. Lkh4Clfr who i~personally known to "-
me or has produced as identification.
e of Notary Public -
e of Florida
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DESCRIPTION:
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ACCORDING TO TJ-E PLA T
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PLBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA.
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DA TE: MA Y 2, 2006
O'BRIEN, SUITER &' O'BRIEN, INC
CERTlFICA TE OF AUTHORIZA TION /LB353
SURVEYOR AND MAPPER IN RESPONSIBLE
CHARGE: PAUL D. ENGLE
955 N. W. 77TH A VENUE, SUITE K7
DELRA Y BEACH FLORIDA 33445
(567) 276-4507 (567) 732-3279
ORDER NO. 04-215RW
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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: 2005 STREET RESURFACING (pIN 2005-037)
Revised Agenda Request; Change Order # 4IFinal Payment
DATE: OCTOBER 13,2006
Attached is a Revised Agenda Request for City Commission to correct closeout Change Order # 4 /Final
payment in the net deduct amount of ($55,020.25) and final payment amount of $17,623.16 to Ranger
Construction Industries, Inc. for having completed the construction of the 2005 Street Resurfacing
project. The Finance Department noted that the final payment should be split between two accounts as
noted below. Also a correction is being made to the Change Order numbering as Change Order #3
approved on the September 19 agenda should have been listed as Change Order #4.
All changes for the project are itemized on the attached Schedule "A" to Change Order #4 /Final.
Staff recommends City Commission approval to revise Change Order #4/Final in the deduct amount of
($55,020.25) and final payment in the amount of $17,623.16 to Ranger Construction Industries, Inc. for
completion of the 2005 Street Resurfacing project by correcting the Change Order number and
assigning funds as shown below.
Funds are available from accounts 334-3162-541-61.17 ($2,500.00) General Construction Fund Street
Reconstruction (n 551-1575-591-45.50 ($15,123.16) Insurance Fund Property Claims.
Please place this item on the Oct 17, 2006 Commission meeting.
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 10/17/06
File 2005-037(A)
U:\wwdata\RangersMemo 10 17 06Revision2.doc
~.E
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE NO.
PROJECT TITLE:
4 I Final
2005 Resurfacing
PROJECT NO. 05-037
DATE:
TO CONTRACTOR: Ranger Construction Industries, Inc.
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR
THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND
COVENANTS.
JUSTIFICATION:
Complete changes to project per the attached schedule "A".
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER
COST OF CONSTRUCTION CHANGES THIS ORDER
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER
PER CENT DECREASE THIS CHANGE ORDER -48.72%
TOTAL PER CENT INCREASE TO DATE 312.06%
$112,948.50
294.534.95
$407,483.45
($55.020.25)
$352,463.20
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.
Ranger Construction Industries, Inc.
(Contractor to sign & seal)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Funds are available from account: 334-3162-541-61.17 ($2,500.00) General Construction Fund Street Reconstruction (I),
551-1575-591-45.50 ($15,123.16) Insurance Fund Property Claims.
DEPARTMENT
FUNDING
CERTIFIED BY
DELRA Y BEACH, FLORIDA by its City Commission
RECOMMEND:
By:
Environmental Services
Mayor
APPROVED:
ATTEST:
By:
City Attomey
City Clerk
~.\"'__A ..._.:_\Yl-_.:........_\...nnC'\"\nnC' n.,-nnT.'T':'Trol''' T ''''T..._. T:'_1..._\n____ ,....rul.A T:'':__1 ro,.... 11' 1 "'7 n~ ..lI__
2005 RESURFACING
PROJECT # 2005-37
Final Quantities
Schedule itA"
Ranaer Construction
Contract Award Contract to Date
ITEM ITEM UNIT Dtfferwnce
No. DESCRIPTION QTY UNIT PRICE TOTAL COST QTY UNIT PRICE TOTAL COST
1 Mobilization L.S 1 $5000.00 $5 000.00 1 $5000.00 $5000.00 $0.00
2 Maintenance Of Traffic L.S 1 ~ 200.00 $4.200.00 1 ~ 200.00 ~ 200.00 $0.00
3 Levelinn- and 1" 5111 Asohalt Overlav TN 800 $100.00 $80 000.00 881 $100.00 $88 087.00 $8.087.00
4 Ad'usl Manhole Rinns and Covers E.A 26 ~185.00 $4.810.00 26 $185.00 $4 810.00 $0.00
5 Ad'usl Valve Boxes E.A 9 ~O.OO $720.00 9 $80.00 $720.00 $0.00
6 24' Solid White Ston Line L.F 185 $4.65 $860.25 185 $4.65 $860.25 $0.00
7 4' DoubleYellow Stoo Line L.F 135 $2.45 $330.75 135 $2.45 $330.75 $0.00
8 Blue RPMs at Fire Hvdrant Locations E.A 9 $7.50 $67.50 9 $7.50 $67.50 $0.00
9 Shoulder Resloration L.F 11300 ~ 1.50 $16950.00 0 $1.50 ~O.OO ($16.950.00)
10 Indemnification L.S 1 $10.00 $10.00 1 $10.00 $10.00 $0.00
TOTAL $112,948.50 $104,085.50 ($8,863.00)
Miscellaneous Chanlles
To add the 2006 Resurfacing work to
C01 Ranger Construction's exisling 2005
Resurfacing contract
.9QJ.....Ql ~!l.Pj!l;~!.9.L_._.....___.__._._ _I,,~. ._.1.__ __._._._i?..~.OO ___E.9..QQ,Q,O __1.._ _F.JiQ.Q.&Q $7 500.00 $0.00
..9..QJ.....Q~. ~~lQ!J![l~.!l"~.QfI!..l!.If!!;...._.__._.._._. ..J,,~._ _.._1._. _....._._-11!l..!129,.,99 .__$.1Q,,!1.9Q,9.Q ._..J__ _U9...!1.9Q,9.9 ~.._$.1Q.~9.Q,9..Q. $0.00
..9..QJ.....Q~. '=-~y.!~!l~tl1.:.QxerlaL._._._.___ ....I'lL_ .M.!1H? ...._.__._._$.1.19.,99 ....I1~.Ji2ll..Q j.J~~R~1L ...._.it1Q,QQ ,-i1.1.4.~!1.9J!9. ($20,237.80)
~.QJ.....Q~ Mj~.~l!>1H Rl~~.!..Q9.~_~_._..__.___ _.M... ._JJL9.Q... _.__._.._._$.1~,99 __.jb!1&Q,QQ f-..12,.QL ..__$J.lJ..!tQQ .._._.~~J!2.Q.J!9. $0.00
.9.QtQ? Mj!!~J.YJ!ly!!.!!Q.~!!L.__....._____._.._ __Ef._ _.1M.Q... ._._.._._._._J!!l..Q,.,99 ._.....$.1,?.QQ,9..Q .J.~Q!L. __.~QJl.O _..._.~li9.Q.J!9. $0.00
.9..9J,Q\>. ~~-"'Yhl1!.l?!QP_~._._..___._._._. _..~- .._111&Q... ___._.___._J!!l9.,QQ _._1.1gQ,Q,0 ..J.~QQ__. __._.~Q,9.o _____..$.1.;[9.Q,29. ($320.00)
.C01,Q?" 6:g.C?!!2~.Y!!U.C?~.__...__._._.__ ._.bE..... .1.?lL9.Q .__._.________$LTIl _._.~...Q.22.2.5 J.J~&Q. __._...$.11.5 >-_._$1.9.9.9,2Q ($1,016.75)
.9..9JA1~ ~:YVJ:!lt~_._....._._._.___....._ ._..bE.._ ~.9.9.J!Q _._._._._..i0.90 __j26.!1..1dO ~~Q9.._ >-_._$Q,~Q _.__.i?1,29 ($5,472.00)
.9Qtilll. R~I'!t~__....._._.._.____._._.__. _.~- ..1.1~,9..<L ._.._._._.__...i2.,QQ .___._..J.2.~,Q,9 _.2.9.....QL ---~&.Q __._.__~~.Q,9.9 ($324.00)
~QL19. E:'_Y!!!l9..'Y___..__._..___._._.__.. .._bE._. ...145&Q_ _.___.____..I9"'!1!l __..11~&9 J.~~.J!9.. -_...$Q,,~Q ._.__.j12.Q,?.9. $0.00
9QJ.....1! 1!l:.Y!!!LCL~._.___._._..___.___._. f--~f.- ..2..~,9.Q.. __._.._._.R1E ___._.$]E1? _~li.....Q9_ ._.__.!~4ii _____.__$~.9.,TIi. $0.00
.9.QJ.....1;[ ~:.!?JillL._.._._.__._____._.__ .J?L_ ~1..?.1.Q,QQ ________._.i9"'~2 __._.i!1~t2Q ...1hQQ.... ._._....1~ ~_____.....$.Q,9..Q. ($ll81.50)
~Qj.....1;l. 1.~:~P..!!.~__._._._._._.__..__. ...1.1:.._ __.?QJl.Q... _._._.___i1.~9 .__._.im,QQ .2Q...Q!L .._...J!..'L!1.9. .___H~.~.J!9. $0.00
,..9..QUi El!!.~~___._._._.__._._._.__.__. ._~- ._..9.,9.9.... _.__.___$.1Q..15 $50.75 5.00 $10.15 $50.75 $0.00
C01.15 Shoulder Restoralion LS 1.00 $21,000.00 $21,000.00 0.00 $21,000.00 $0.00 1$21,000.00
$220,295.95 $170,943.90 l$4g,352.115
Add the restoration I resurfacing 01
CO2 Miller Park parking lot (after hurricane L.F
Wilma) to the contract.
.9..9],QJ 1" As'p"I]~!.Qy~!'!!!~.__.._..___._ ._.fJ.L ....!1Mll.... ._._--_._._~,~ ._j.9.1.9~&.Q .!1M.9.&Q. _.___$.9,;3.5 ___.i~.1ml1,29 $0.00
.9..9].J!~. ~~:2I[i'p'[[l.9......_._...___.____._._._ ._.b.L _1..... .__._._i9-..?QQJlO _._.!~JQ.QJl.9 ......L99_ __$2.?,QQ,QO _._._$.9.?9.Q,Q9 $0.00
9..~,Q;l. ~!!~!lmL~.e!!!9!JlQ9._______... ._I.N_. _..2.Q__ ._........_.....!~~9.,QQ __l12.QQ!t29 ._!l..Q,.QL _J..?.!?!1Jl.9 ._._i1.9..9.9.Q,9.9. $0.00
.9.Q~~ ~!l~.QX!l!..'.l'D..._______ ._IlL ..-..9_- _.___._._._..~9",QQ -.----.J.QJ1Q 45.64 ~70.00 ~3 194.80 $3,IIl4.80
.9QL 1?!!~~.~~!!...~!!~!'.!!!r.~!!~~lain~~~~.. ..___. .__.2_... L_.__._~~QQ.:.QO $2,500.00 1.00 $2,500.00 $2,500.00 $0.00
$74,239.00 $77 ,433.80 $3,11l4.80
1 Change Order TOTALS 1 $294,534.951
TOTAL Contract $407,483.45 I $352,463.20 $55,020.25
Original Award
Previouslv Aooroved Chanaes
Total Award
Contract to Date
This Change Order
$112.948.50
$294.534.95
$407,483.45
$352,463.20
($55,020.25)
S:\EngAdmlnlProjeds\2l105\2Oll5-037\OFFICIAL\New Foldor\RangoroOTYS 10.17.06..18
1011312008
Agenda Item NO.:g .c
AGENDA REQUEST
DATE: Oct 13, 2006
Request to be placed on:
X Regular Agenda
_ Special Agenda
_ Workshop Agenda
When: Oct 17, 2006
Description of item (who, what, where, how much):
Request City Commission to approve revised closeout Change Order #4/Final payment in the et Deduct ")
amount of ($55,020.25) and final payment in the amount of $17,623.16 to Ranger Construction I s.trjes,/
Inc. for having completed the 2005 Street Resurfacing (P/N 2005-037). All changes for the project are
itemized on the attached Schedule "A" to Change Order #4, Final.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Request City Commission to approve closeout Change Order #4/Final payment in
the net Deduct amount of ($55,020.25) and final payment in the amount of $17,623.16 to Ranger
Construction Industries, Inc. for having completed the 05 Street Resurfacing project.
Department Head Signat re: ~
10- -01-
Determination of Consistency with Comprehensive
Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
Funding availableQ'Q
Funding alternativ~'1 (if applicable)
Account No. & Description See above
Account Balance See above
City Manager Review: A2, 4t Z,SIJV --- b1f!lLrn ~f~~ -k1U...~ S , /I ,,' ,
Approved for agenda: &NO, . 5~LI- 3/bZ -<;;21 f. ~/-/7 - ShtL{Ic.:.an.)7Yur.h,?\.J
Hold Until: ~/l/3.t/(-~$I-/~~ ~ S-C;;' l../, -:SD -PI?)r-1~ CltlJll1.5
Agenda Coordinator Review: . ()
Received:
Placed on Agenda:
Action:
Approved/Disapproved
S:\EngAdmin\Projects\2005\2005-037\OFFICIAL\New Folder\Ranger AgndA IT A Fin GC 10.17 .06.doc
MEMORANDUM
TO:
MAYOR AND CI1Y COMMISSIONERS
SUBJECT:
CI1Y MANAGER
AGENDA ITEM # .r REGULAR MEETIN F BER 17 20
SERVICE AUTHORIZATION NO. 3.2/MATHEWS CONSULTING, INC.
FROM:
DATE:
OCTOBER 13,2006
This is before the City Commission to approve Service Authorization No. 3.2 to Mathews Consulting,
Inc. in the amount of $19,907.00 for performing construction administration; specialty, substantial,
and final inspections; review of as-built drawings; and coordination of Palm Beach County Health
Department (PBCHD) Water Main Certification for the Country Club Acres Infrastructure
Improvements Project.
Funding is available from 448-5461-538-65.86 (Storm Water Utility Fund/Country Club Acres).
Staff recommends approval of Service Authorization No. 3.2 to Mathews Consulting, Inc. in the
amount of $19,907.00 for performing construction administration; specialty, substantial, and final
inspections; review of as-built drawings; and coordination of Palm Beach County Health Department
(PBCHD) Water Main Certification for the Country Club Acres Infrastructure Improvements Project.
S:\City Qerk\AGENDA COVER MEMOS\AGENDA COVER MEMOS\Serviee Authorization Agenda Memos\ServicAuth. #3.2Mathews Consulting Ine to.17.06.doc
MEMORANDUM
TO:
FROM:
David T. Harden, City Manager n . /
Richard C. Hasko, Environmental Services Director ~
Carolanne Kucmerowski, Construction Management Technician @
THRU:
SUBJECT:
AGENDA ITEM - CITY COMMISSION MEETING OF OCTOBER 17. 2006
SERVICE AUTHORIZATION NO. 3.2/MATHEWS CONSULTING. INC.
DATE:
October 10, 2006
This item is before the Commission to approve Service Authorization No. 3.2 in the amount of
$19,907.00 to Mathews Consulting, Inc. for performing construction administration; specialty,
substantial, and final inspections; review of as-built drawings; and coordination of Palm Beach County
Health Department (PBCHD) water main certification for the Country Club Acres Infrastructure
Improvements Project.
Service Authorization No. 3.2 includes coordination with the Contractor during the construction of the
project, specialty inspections during key construction intervals, and providing PBCHD water main
certification for the entire project. It is assumed that the water main will include partial releases and a
final release.
Funding is available from 448-5461-538-65.86 (Storm Water Utility Fund/Country Club Acres).
Staff recommends approval of Service Authorization No. 3.2 in the amount of $19,907.00 to Mathews
Consulting, Inc. for performing construction administration; specialty, substantial, and final inspections;
review of as-built drawings; and coordination of Palm Beach County Health Department (PBCHD)
water main certification for the Country Club Acres Infrastructure Improvements Project.
S:\EngAdmin\Projects\2003\2003-0S0\Official\Matthews SA 3.2 Agd Mem GC 101706 CK.doc
CITY OF DELRAY BEACH
CONSULTING SERVICE AUTHORIZATION
AMENDMENT NO.2
DATE:
SERVICE AUTHORIZATION NO.
3.~
FOR CONSULTING SERVICES
CITY P.O. NO.
CITY EXPENSE CODE:
CITY PROJECT NO. 2003-050
MATHEWS CONSULT. PROJECT NO. 1314
TITLE:
Country Club Acres Infrastructure Improvements
This Amendment No.2, when executed, shall be incorporated in and shall become an integral
part of Consulting Service Authorization No.3.
TITLE: Agreement for General Consulting Engineering Services
I. PROJECT DESCRIPTION
This Amendment No. 2 is to provide construction administration, review as-built
drawings, specialty inspections, PBCHD water main certification, and substantial/final
inspections during construction of the Country Club Acres Infrastructure Improvements
Project.
II. SCOPE OF SERVICES
Phase I - Study and Report Phase
Not Applicable.
Phase n - Preliminarv Desi2n Phase
Not Applicable.
Phase In - Final Desim Phase
Not Applicable
amendment2.doc 1 0/03/06
1
Phase IV - Biddin2/Ne2otiation Phase
Not Applicable
Phase V - Construction Administration Phase
1. Attend construction progress meetings every two weeks. Twelve progress
meetings are included in the budget for this task.
2. Coordination with Contractor during construction of the project.
3. Review Contractor as-built drawings. The Contractor is required to submit as-
built drawings with each pay request. The City is responsible for reviewing and
approving the pay request.
4. Provide specialty inspections of the project during key construction intervals. The
specialty inspections will be coordinated with the City, Contractor and permitting
agencies (e.g. L WDD). Seventy (70) hours for inspections are included in the
budget for this task.
5. Provide PBCHD water main certification for the entire project. It is assumed that
the water main will include partial releases and a final release. This includes
submitting required information to PBCHD and coordinating with them to obtain
the water main releases.
6. In conjunction with City staff, make substantial and final inspections and assist in
the preparation of a Contractor "punch list" to achieve substantial completion.
Review completion of identified punch list items to assist in the determination
that Substantial Completion has been achieved by the Contractor.
DI. TIME OF PERFORMANCE
The completion dates for this work will be as follows (starting at written notice-to-proceed).
Engineering Services
Phase V - Construction
Time per Phase
6 months
Cumulative Time
6 months
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 for budget summary.
Engineering Services
Phase V - Construction Phase
Reimbursable Expenses
Estimated Fees
$ 19,407.00
$ 500.00
TOTAL PROJECT COST
$ 19,907.00
amendrnent2.docl0/03/06
2
This service authorization is approved contingent upon the City's acceptance of and satisfaction
with 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 commence work on this 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:
Date
Name
Title
Attest:
Approved as to Legal
Sufficiency and Form
MATHEWS CONSULTING, INC.
Date:
By:
David Mathews, P.E., Vice President
Witness
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged
before me this day of
, 2006 by David L. Mathews, Vice
President of Mathews Consulting, Inc., a Florida
Corporation, on behalf of the corporation. He is
(personally known to me) or (has produced
identification), Florida Driver's License
and (did/did not) take an oath.
Signature of person taking acknowledgement
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Agenda Item NO.:~
AGENDA REQUEST
DATE: October 11, 2006
Request to be placed on:
--1L- Consent Agenda
Regular Agenda
Special Agenda
Workshop Agenda
WHEN: OCTOBER 17. 2006 Commission Meeting
Description of item (who, what, where, how much):
Service Authorization No. 3.2 in the amount of $19,907.00 to Mathews Consulting, Inc. for performing
construction administration, to include coordination with the Contractor during the construction of the project;
specialty, substantial, and final inspections; review of as-built drawings; and coordination of Palm Beach
County Health Department (PBCHD) water main certification for the entire project, to include partial releases
and a final release, for the Country Club Acres Infrastructure Improvements Project #2003-050.
ORDINANCE/RESOLUTION REQUIRED: NO
Recommendation: Staff recommends approval of Service Authorization No. 3.2 in the amount of
$19,907.00 to Mathews Consulting, Inc. for performing construction administration; specialty, substantial, and
final inspections; review of as-built drawings; and coordination of Palm Beach County Health Department
(PBCHD) water main certification for the Country Club Acres Infrastructure Improvements Project #2003-050.
Department Head (1 /L .11 \ 0 _ { l- uIo
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
Funding alternatives
Account No. & Description:
(if applicable)
448-5461-538-65.86 <<flP~ 6-udtJd ~ ~ liJ tr>
Storm Water Utility Fund/Country Club Acres / 1//
(Budoet Transfer Attached: From #448-5461-538-68.18 to #448-5461-538-65,86)
City Manager Review: &1
Approved for agenda: ~/NO
Hold Until: C7
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
S:\EngAdmin\Projects\2003\2003-050\Official\Mathews SA 3,2 Agnd req GC 101706,doc
MEMORANDUM
TO:
MAYOR AND CI1Y COMMISSIONERS
FROM:
CI1Y MANAGER
SUBJECT:
A ENDA ITEM # - REGULAR MEET IN F
SERVICE AUTHORIZATION NO. 1.3/CH2M HILL, INC.
DATE:
OCTOBER 13, 2006
1bis is before the City Commission to approve Service Authorization No. 1.3 for CH2M Hill, Inc.
(Amendment No.3 to Service Authorization No.1) in the amount of $20,000.00 for professional
services related to the Aquifer Storage and Recovery Well. A bench-scale treatment evaluation will be
conducted for the removal of contaminants from the City's Aquifer Storage and Recovery welL
Funding is available from 442-5178-536-46.90 (Water/Sewer Renewal and Replacement/Other Repair
& Maintenance Costs).
Staff recommends approval of Service Authorization No. 1.3 for CH2M Hill, Inc. (Amendment No.3
to Service Authorization No.1) in the amount of $20,000.00 for professional services related to the
Aquifer Storage and Recovery WelL
S:\City Clerk\AGENDA COVER MEMOS\AGENDA COVER MEMOS\Service Authorization Agenda Memos\ServicAuth, #1.3 CH2M Hill Inc ASR Well 10.1 7.06.doc
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City Of Delray Beach
Department of Environmental Services
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www.mvdelravbeach.com
TO:
David T. Harden
City Manager
FROM:
Victor Majtenyi
Deputy Director of Public Utilities
SUBJECT:
Aquifer Storage and Recovery (ASR) Rehabilitation (pIN 2003-014)
Agenda Item: Service Authorization #1.3 to CH2M Hill
DATE:
October 10, 2006
Attached is a request for City Conunission to approve Service Authorization #1.3 (Amendment 3 to Service
Authorization #1) to CH2M Hill, Inc, for professional services related to the Aquifer Storage and Recovery Well.
Under Service Authorization #1.3, a bench-scale treatment evaluation will be conducted for the removal of
contaminants from the City's ASR well. Service Authorization #1.3 is in the amount of $20,000.
To re-permit the well with FDEP, required water quality data has been collected under previously approved Service
Authorization #1.2; Task 1, Water Quality Characterization. Task 1 was in the amount of $12,000.00. The results
from the characterization confirm the presence of arsenic in the ASR Well at close to 300 micrograms per liter, well in
excess of the United States Environmental Protection Agency's Primary Drinking Water Standard of 10 micrograms
per liter, Bench-scale treatment evaluation will determine if the City's current treatment process can reduce the arsenic
concentration to acceptable levels. As part of the process, the use of ferric chloride will be tested since it is already
used in the water treatment process; increasing its dosage is a viable solution.
Staff is recommending approval of Task 2, Bench-Scale Treatment Evaluation, in the amount of $20,000.00 to
determine the optimal combination of chemicals necessary to optimize the operation and performance of the WTP and
the ASR Well.
Total services include Task 1, water quality characterization (completed); Task 2, bench-scale treatment evaluation
(under consideration), and Task 3, potential meetings with FDEP (future, if required). Costs associated with each
Task are $12,000, $20,000, and $7,500, respectively, for a total of$39,500.
Services under Task 3, potential meetings with FDEP, if required, will be under a separate written authorization from
the City.
Funding is available from Account #442-5178-536-46.90 (Water and Sewer Renewal/Other Repair & Maintenance
Costs) in the amount of $20,000.00,
cc: Richard C, Hasko, P.E.; Director of Environmental Services
Juan Manzano; Environmental Compliance Manager
John Bullard, Manager of Water Treatment Plant
City Clerks Office
Agenda File 10-17-06
Project File 2003-014
C:\Documents and Settings\smithd\Local Settings\Temporary Internet Files\OLKD5E\Agenda memo CH2 SA 1 3 1O-17-06.doc
Service Authorization No. 1.3 to the Agreement
to Furnish Professional Services Dated April 28,
2004, Between the City of Delray Beach, Florida
and CH2M Hill, Inc.
City P.O. Number:
City Project Number: 2003.014
Title: Geochemical Investigation of the Aquifer Storage and Recovery Well
Category of Work: Professional Engineering Services
General
This SERVICE AUTHORIZATION shall modify the professional service agreement
referenced above and shall become part of that AGREEMENT as if written there in full.
Changes in the indicated Scope of Services will be subject to renegotiation and implemented
through an amendment to this agreement.
Introduction
Water quality data from samples collected from the City of Delray Beach (CITY) Aquifer
Storage and Recovery (ASR) well suggest that additional treatment may be required prior to
placing the well back into service. Bench-scale testing will be conducted, using water from
the CITY's ASR well to evaluate a proposed treatment process.
This Service Authorization will authorize CH2M HILL to provide professional engineering
consulting services related to the geochemical characterization of the CITY's ASR well.
Scope of Services
Task 1 - Water Quality Characterization
This Task is complete. Work was performed under Service Authorization #1.2.
Task 2 - Bench.Scale Treatment Evaluation
A bench-scale treatability evaluation will be conducted to determine the efficacy of the
CITY's treatment process for their removal.
The CITY's treatment sequence consists of the following steps:
1. Cascade aerators are utilized for gas removal.
2. Ferric chloride is added at a dose of 13 PPM with a 38% solution to reduce organics
3. Upflow clarifiers provide chemical mixing, sedimentation, and clarification.
4. In the clarifier mixing zone, lime is added at an average dose of 125 parts per million
(ppm) to raise the pH of the water to 10.2 and an anionic polymer is added at a dose of
0.05 ppm with a 0.2% solution to enhance settling.
5. Sodium hypochlorite is added at a dose of 7.0 PPM with a 10% solution at the clarifier
effluent for disinfection.
6. Prior to filtration, carbon dioxide is added at an average dose of 35 PPM to decrease the
pH to 7.8 for stabilization; fluoride is added at a dose of 0.6 PPM with a 23% solution;
phosphate is added at a dose of 2 PPM with a 2.4 % solution for distribution
system concerns; and ammonia is added at a dose of 1.75 PPM for chloramination
purposes.
7. The water is then filtered for final turbidity removal, and enters the clearwell.
Samples of the CITY's raw water from its surficial aquifer wells will be collected, along with
water samples from the ASR well. They will be shipped to CH2M HILL's Applied Sciences
Laboratory in Corvallis, Oregon, where bench-scale testing will be performed to replicate
the CITY's treatment process and gauge its effectiveness.
The deliverable for this task will consist of a brief technical memorandum documenting the
results of the treatability testing.
Task 3 - Meeting with FDEP (Allowance)
If requested by the CITY, CH2M HILL will coordinate a meeting between the CITY and the
Florida Department of Environmental Protection (FDEP) to discuss re-permitting the well.
The meeting will be used to present the results of the geochemical characterization and the
treatability testing and identify a path forward for re-permitting the CITY's well. A meeting
summary will be prepared and distributed to all participants. A representative from the
Palm Beach County Health Department will be invited to participate in the meeting, as
health department clearance will ultimately be required to place the well back in service.
Schedule
CH2M HILL 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. The following summarizes the proposed schedule.
Task Time of Completion
Start Duration
Task 2 - Bench-Scale Evaluation Upon Notice to Proceed from the 60 days
and Technical Memorandum CITY
Task 3 - Meeting with FDEP and Upon completion of Task 2 30 days
Meeting Summary
SERVICE AUTHORIZATION #1.3
PIN 2003-014 Geochemical Investigation of the Aquifer Storage and Recovery Well
PAGE 2 OF 4
Assumptions
. Task 3 will not be performed without written authorization from the CITY.
. Additional work required to meet Palm Beach County Health Department requirements
or requests will require an amendment to this service authorization.
Compensation to the CONSULTANT
Compensation for the work described in this service authorization shall be on a lump-sum
basis as follows:
Task Price
Task 2 - Bench-Scale Evaluation and Technical Memorandum $20,000
TOTAL $20,000
Future Tasks Requiring Authorization from the CITY
Task 3 - Meeting with FDEP and Meeting Summary
TOTAL
$7,500
$27,500
This service authorization is approved contingent upon the CITY's 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.
SERVICE AUTHORIZATION #1.3
PIN 2003-014 Geochemical Investigation of the Aquifer Storage and Recovery Well
PAGE 3 OF 4
Approved by:
CITY OF DELRA Y BEACH:
Jeff Perlman
Mayor
( date)
Attest:
Approved as to Legal Sufficiency and Form
SERVICE AUTHORIZATION #1,3
PIN 2003-014 Geochemical Investigation of the Aquifer Storage and Recovery Well
CH2M HILL, INC. (Corporate Seal)
Timothy S. Sharp, P.G.
Office Manager
(date)
Witness
Witness
STATE OF FLORIDA
COUNTY OF BROW ARD
The foregoing instrument was
acknowledged before me this _ day of
October, 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 Gunun
Notary Public
State of Florida
(Seal)
PAGE 4 OF 4
Agenda Item No. i.G
AGENDA REQUEST
Date October 11. 2006
Request to be placed on:
--X--Regular Agenda
_Special Agenda
_Workshop Agenda
When: October 17.2006
Description of item (who, what, where, how much):
Approval of Service Authorization #1,3 (Amendment 3 to Service Authorization #1) to CH2M Hill, Inc, for
professional services related to the Aquifer Storage and Recovery Well. Service Authorization #1.3 is to
conduct bench-scale treatment evaluation to determine the optimal combination of chemicals necessary to
optimize the operation and performance of the WTP and the ASR Well in removing arsenic from the
ground water. Services requested under this authorization (Task 2) are in the amount of $20,000,
Potential meetings with FDEP (Task 3) if needed will require future approval.
Funding is available from Account #442-5178-536-46.90 (Water and Sewer Renewal/Other Repair &
Maintenance Costs) in the amount of $20,000,00.
ORDINANCE/RESOLUTION REQUIRED: Not required.
Recommendation:
Staff recommends award of Service Authorization #1.3 (Task 2) to CH2M Hill to conduct Bench-Scale
Treatment Evaluation at the C~~f $20,000.
Department head signature: c. ((J-I ,~ Ob
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation if applicable):
Budget Director Review (reqee n al! i.tEJms involving expenditure of funds):
Funding available: VI SIN /A.:{. (see above)
Funding alternatives' plicable):
Account No. & Description Ltt-f2 -Sf 7fj-:S'"3t::,.l/f- -9U !J..fft-r dyJair<:::tHa;r1/
Account Balance ~Io ~ Z 33
City Manager Review: ~
Approved for agenda: ~/NO
Hold Until:
tlI/
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
S:\EngAdmin\Projects\2003\2003-014\OFFICIAL\Agenda req CH2 SA 1.3 10,17,06,doc
MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # ~.ll - REGULAR MEETING OF OCTOBER 17. 2006
CONTRACT AWARDS/SERVICE AUTHORIZATION NO. 1/CURRIE,
SOWARDS, AGUILA ARCHITECTS
TO:
SUBJECT:
DA1E:
OCTOBER 13. 2006
This is before the City Commission to approve a contract award and Service Authorization No.1 in
the amount of $221.500.00 to Currie. Sowards. Aguila Architects for professional consulting services
related to the replacement of Fire Station #4 on Lake Ida Road at Barwick Road.
Funding is available from 334-6112-522-62.88 (General Construction Fund/Fire Station #4).
Recommend approval of the contract award and Service Authorization No.1 in the amount of
$221.500.00 to Currie, Sowards, Aguila Architects for professional consulting services related to the
replacement of Fire Station #4 on Lake Ida Road at Barwick Road.
S:\City Oerk\AGENDA COVER MEMOS\Contract Award Agenda Memos\ConlnlCt Award.S.A. #1 Currie Sowards Aguila Architects Fire Station #410.17.06.doc
City Of Delray Beach
Department of Environmental Services
M E M 0 RAN
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www.mydelraybeach.com
TO:
David T. Harden, City Manager
~
FROM:
Richard C. Hasko, P .E., Environmental Services Director
SUBJECT: CONSULTING SERVICES FOR FIRE STATION #4 REPLACEMENT
DATE:
October 10, 2006
Attached is a contract and Service Authorization #1 thereto with Currie, Sowards, Aguila Architects
for professional consulting services related to the replacement of Fire Station #4 on Lake Ida Road at
Barwick Road. The scope of services for this contract include facility programming, site plan
development and approval activities, preparation of all construction documents required for
permitting and construction of the facility and construction inspection and administration services.
The total current budget for this project in the City's Capital Improvement Plan is $2,723,500.00, and
the consulting fees for this contract total $217,000.00 or approximately 8% of budgeted construction
costs. An additional $4,500.00 for reimbursable expenses is included for a total proposed
encumbrance of $221 ,500.00.
Funding for this contract is available in General Construction Fund account #334-6112-522-62.88,
Fire Station 4.
Please place this item on the October 16, 2006 agenda for consideration by City Commission.
Cc: Kerry Koen, Fire Chief
Randal Krejcarek, P .E., City Engineer
"CURRIE · SOWARDS · AGUILA · ARCHITECTS
Robert G. Currie, AlA
Jess M. Sowards. AlA
Jose N. Aguila. AlA
CURRIE SOWARDS AGUILA ARCHITECTS
CONSULTING SERVICE AUTHORIZATION
DATE: SERVICE AUTHORIZATION NO. One 1 FOR CONSULTING SERVICES
CI1Y P.O #: CI1Y PROJECT #
CI1Y EXPENSE CODE:
TITLE: Replacement of Fire Station #4 CSAA # 060703
This Service Authorization. when executed. shall be incorporated in and shall become an integral part of
the Agreement between the City of Delray Beach and Currie Sowards Aguila Architects.
PROJECT DESCRIPTION
Project generally consists of providing schematic design and Site Plan approval services
followed by preparation of permit and construction documents for a One story replacement
fire station facility with a Three-bay apparatus area. Based on preliminary discussions, the
new facility will be approximately 8,000 square feet and will be located on the northeast
corner of Lake Ida Road and Barwick Road at the site of the current facility.
II SCOPE OF SERVICES
A. Scope of services will generally include the following services:
1. Meetings with the City for program verification
2. Schematic Design sketches
3. Site Planning Approval Services - (SPRAB)
4. Design Development
5. Construction Documents
6. Bidding Assistance
7. Permitting Assistance
8. Construction Administration Services limited to RFf's, shop drawing reviews.
and periodic site visits
9. Civil Engineering limited to partial site boundary
10. Coordination and permitting with outside agencies including City of Delray
Beach, Palm Beach Co. Health Dept., and PB Co. Roadway.
11. Landscape Architecture limited to partial site boundary
12. Structural Engineering Services
13. Mechanical, Electrical and Plumbing Engineering Services
14. Fire protection design services
15. Architectural Services
16. Technical Specifications
FORMERLY ROBERT G. CLJRRIE PARTNERSHIP, INC,' AlA FLORIDA FIRM OF THE YEAR 2000
1.34 Northeast First Avenue' Delray Beach, Florida .3.3444 . 561-276-4951' Fax; 561-24.3-8184' AA0002271
www.curriearc.com
///
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B. The following items are not included but may be added if requested for an additional
fee:
1. Furniture, Fixtures and Equipment Selection
2. Color renderings or scale models
3. Threshold Inspections
4. Cost Estimates
5. SFWMD and LWDD agency review
6. Application or agency fees of any kind
C. The following additional services have been requested by the City to be added to our
scope of services and are listed separately as they are generally provided by others
or are unique to this site:
1. Percolation tests
2. Soil Borings and foundation recommendations
3. Full boundary and topographic survey of the entire park area
4. Assistance in detailing the temporary site adjacent to the existing site
restrooms
5. Redesign of exiting lift station to incorporate the new facility as well as the
existing park restrooms
6. Septic tank abandonment
7. Assistance related to traffic signalization and implementing the traffic
preemption system
In BUDGET
Professional services and preparation of required drawings, specifications, and details, and
attendance at required meetings as described above for item" A. will be completed for a
totallump-sum-fee of One Hundred and Eighty-Five Thousand Dollars ($185.000.00)
and No Cente. Reimbursable expenses are In addition to the above and expected to be no
more than $4.500.00 Dollare. which will not be exceeded without prior authorization.
In addition, as requested by the City, Item II C. above will be completed for an additional
lump sum fee of Thirty-Two Thousand ($32.000.00) Dollare and No Cente. Therefore, the
total lump-sum fee for iteme; II A and II C Is Two Hundred and Seventeen Thousand Dollars
($217.000.00) and No Cents plus relml7ureal7le expenses of a not-to-exceed amount of
$4.500.00.
IV COMPLETION DATE
This Service Authorization ie; approved contingent upon the City'e; acceptance of and satie;faction with
the completion of services rendered in the previous phae;e or ae; encompae;e;ed by the previoue; Service
Authorization. If the City in its e;ole discretion is une;atie;fted with the service provided in the previoue;
phae;e or Service Authorization. the City may terminate the Contract without incurring any further
liability. The CONSULTANT may not commence work on any Service Authorization approved by the City
to be included as part of the Contract without a further notice to proceed.
///
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Approved by:
CI1Y OF DELRA Y BEACH
CURRIE SOWARDS AGUILA ARCHITECTS
(Seal)
Date:
Date:
Jeff Perlman. Mayor
Attest:
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STATE OF FLORIDA
COUN1Y OF PALM BEACH
The following instrument was acknowledged
Before me this ~ Day of O~
2006. by Jose Aguila. of The Robert G.
Currie Partnership. Inc.. dba Currie Sowards
Aguila Architects. a professional Association.
He is personally known to me and did not take
an oath.
~~~~
Notary Public
My Commission Expires:
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AGREEMENT FOR GENERAL CONSULTING SERVICES
THIS AGREEMENT, made and entered into this ____ day
, 2006, by and between the CITY of Delray
hereinafter referred to as "CITY", and Currie
Architects, herein after referred to as
of
Beach, Florida,
Sowards Aguila
"CONSULTANT" .
WITNESSETH:
WHEREAS, the CITY has provided
professional services and carried out
process pursuant to and in accordance
Competitive Negotiation Act; and,
notice of the desired
the proper selection
wi th the Consul tant ' s
WHEREAS, the CITY represents that it is a Florida
municipal corporation with the authority to engage the CONSUL-
TANT and accept the obligation for payment for the services
desired; and,
WHEREAS, the CITY desires to engage the CONSULTANT to
perform certain professional services pertinent to such work in
accordance with this AGREEMENT and with SERVICE AUTHORIZATIONS
to be issued at the time of or subsequent to execution of this
AGREEMENT; and
WHEREAS, this AGREEMENT does not entitle the
CONSULTANT to any fees for any particular project without first
receiving a Service Authorization; and
WHEREAS, the CONSULTANT desires to provide such
professional services in accordance with this AGREEMENT and
SERVICE AUTHORIZATIONS.
NOW, THEREFORE, in consideration of the premises and
the mutual benefits which will accrue to the parties hereto in
carrying out the terms of this AGREEMENT, it is mutually
understood and agreed as follows:
I. DEFINITIONS; GENERAL CONDITIONS
A. THE SCOPE OF WORK is to be implemented in phases as
set forth by this Agreement and by SERVICE AUTHORIZA-
TIONS, which are attached hereto and made a part
hereof, and as also may be added as approved by the
City from time to time.
B. A SERVICE AUTHORIZATION is a form to be used to
authorize work, projects, and services. The form
shall be executed by the CITY'S and CONSULTANT'S
representatives. A CITY purchase order number shall
be identified on the form. The purchase order
authorization is established in the CITY Code of
Ordinances with provisions for expenditure levels of
approval authorizations. A sample form of the
service authorization is attached as Exhibit "A" to
this AGREEMENT. The projects, work, and services to
be performed by the CONSULTANT, and time for comple-
tion of the particular phase of the work by CONSUL-
TANT, shall be authorized by a SERVICE AUTHORIZATION.
The SERVICE AUTHORIZATION shall include the scope of
work to be performed; the budget cost, complete with
an itemization of man-hours, wage rates, reimbursable
expenses, and other related costs; schedule for
completion and name of project manager. The SERVICE
AUTHORIZATION shall be signed by the CITY and the
CONSULTANT'S authorized representative. A CITY
purchase order shall be issued with authorization
identifying funds and amount of expenditures. The
terms of this AGREEMENT supersede the terms stated on
the purchase order.
C. PHASES: A phased approach may be utilized. The City
and the Consultant shall have the right to negotiate
the terms of each phase as contained wi thin each
service authorization, and to reject any service
authorization, if the parties cannot agree to the
terms of the service authorization. In the event the
parties cannot agree, the city may select the next
ranked proposer or go out for additional proposals in
order to complete the subsequent phase (s) of the
project. This phased approach shall not waive the
City I S right to terminate the Consultant I s contract
during any phase of the project.
II. GENERAL DUTIES OF CONSULTANT
A. The relationship of the CONSULTANT to the CITY will
be that of a professional CONSULTANT, and the CONSUL-
TANT will provide the professional and technical
services required under this AGREEMENT in accordance
with acceptable professional practices and ethical
standards. No employer/employee relationships shall
be deemed to be established and the CONSULTANT, its
2
agents, subcontractors, and employees shall be
independent contractors at all times.
B. Professional and Technical Services. It shall be the
responsibility of the CONSULTANT to work with the
CITY and apprise it of solutions to problems and the
approach or technique to be used towards accomplish-
ment of the CITY'S objectives as set forth in SERVICE
AUTHORIZATIONS, which will be made a part of this
AGREEMENT upon execution by both parties.
C. The scope of services to be provided shall be covered
in detail in SERVICE AUTHORIZATIONS.
D. The City has established a budget for each project
awarded to CONSULTANT. The CONSULTANT shall be
responsible for providing, at no additional cost to
the City, new designs, drawings, specifications,
reports and other applicable services if the budget
for the entire project is exceeded during and up to
completion of the design phase of the project;
however, nothing contained herein shall require the
CONSULTANT to bear additional costs if the additional
costs are a result of a change in the scope of
services directed by the City.
E. The CONSULTANT shall be responsible for the profes-
sional quality, technical accuracy, timely comple-
tion, compliance with regulations and rules, and the
coordination with appropriate agencies of designs,
drawings, specifications, reports and other services
furnished by the CONSULTANT under this AGREEMENT. If
the CITY determines there are any errors, omissions
or other deficiencies in the CONSULTANT'S designs,
drawings, specifications, reports and other services,
the CONSULTANT shall, without additional
compensation, correct or revise said errors or
omissions to the satisfaction of the CITY.
F. Approval by the CITY of drawings, designs, specifica-
tions, reports and incidental professional services
or materials furnished hereunder shall not in any way
relieve the CONSULTANT of responsibility for the
technical adequacy of its work. The CITY'S review,
approval or acceptance of, or payment for, any of the
services shall not be construed to operate as a
waiver of any rights under this AGREEMENT or of any
3
cause of action arising out of the performance of
this AGREEMENT.
G. The CONSULTANT and its subconsultants shall have no
responsibility for the discovery, presence, handling
or removal or disposal of or exposure of persons to
hazardous materials in any form existing prior to
construction at the project site, including but not
limited to asbestos, asbestos products,
polychlorinated biphenyl (PCB) or any other toxic
substances.
H. The CONSULTANT designates Jose N. Aguila, AlA, as its
representative to act as liaison with the CITY. The
representative shall manage and coordinate CITY
projects and is hereby authorized to act on behalf of
the CONSULTANT to negotiate and approve SERVICE
AUTHORIZATIONS and act on any other related matter
with respect to performance of services for the CITY
in accordance with the AGREEMENT. Any change to name
another person shall be requested in writing to the
CITY, and shall be approved by the City.
I. CONSULTANT shall attend all meetings, as specified or
as defined in each SERVICE AUTHORIZATION of the City
Commission or any City approval Board, where the
project is discussed, unless the City's representa-
tive declares such attendance and participation is
not necessary. In addition, the CONSULTANT shall
attend all additional meetings as may be required to
facilitate the project.
III. DUTIES OF CONSULTANT:
The following Duties of CONSULTANT are separated into
phases of the project, which if approved via SERVICE
AUTHORIZATIONS shall be performed by the CONSULTANT. The
City may require SERVICE AUTHORIZATIONS, which contain
additional requirements applicable to the project. The
City must authorize through service authorizations, the
commencement of each phase of the work.
A. Phase I - Study and Report Phase.
If the Study and Report Phase is authorized, the
following requirements shall apply.
4
1. The CONSULTANT shall consult with the CITY to
clarify and define the CITY'S requirements for
the Project and review available data.
2. The CONSULTANT shall advise the CITY as to the
necessity of the CITY'S providing or obtaining
from others, data or services.
3. The CONSULTANT shall identify and analyze permit
and approval requirements of governmental
authorities having jurisdiction to approve
either the design of the Project and participate
in consultations with such authorities.
4. The CONSULTANT shall provide analyses of the
CITY'S needs, planning surveys, site evaluations
and comparative studies of prospective sites and
solutions.
5. The CONSULTANT shall provide a general economic
analysis of Owner's requirements applicable to
various alternatives.
6. The CONSULTANT shall prepare a Report containing
schematic layouts, sketches and conceptual
design criteria with appropriate exhibits to
indicate clearly the considerations involved
(including applicable requirements of
governmental authorities having jurisdiction as
aforesaid) and the alternative solutions
available to the CITY and setting forth
CONSULTANT'S findings and recommendations. This
Report will be accompanied by CONSULTANT'S pre-
design estimate of probable costs for the
Project, including, but not limited to the
following, which will be separately itemized:
Construction Cost, allowance for engineering
costs and contingencies allowances for such
other items, such as charges of all other
professionals and consultants, for the cost of
land and rights-of-way, for compensation for or
damages to properties, and for permit, review
and/or approval fees by other governmental
agencies, if required. The CONSULTANT shall
also provide a preliminary evaluation of the
City's Project Schedule. The City's proj ect
Schedule and probable construction costs shall
be evaluated and updated throughout subsequent
phases of the work.
5
7. The CONSULTANT shall furnish the number of
copies of the Study and Report documents as
provided in the SERVICE AUTHORIZATION and review
them with the CITY.
B. Phase II - Preliminary Design Phase.
If the Preliminary Design Phase is authorized, the
following requirements will apply:
1. The CONSULTANT, in consul tat ion with the CITY
shall determine the general scope, extent and
character of the Project.
2. Prepare Preliminary Design documents consisting
of final design criteria, preliminary drawings,
outline specifications and written descriptions
of the Project.
3. Advise the CITY if additional data or services
are necessary and assist the CITY in obtaining
such data and services.
4. Furnish the specified number of copies of the
above Preliminary Design documents as contained
within the SERVICE AUTHORIZATION and present and
review them with the CITY.
5. The CONSULTANT shall submit to the CITY a
preliminary estimate-of construction costs based
on current area, volume or other unit costs,
which shall be updated throughout the design
development phase.
6. The CONSULTANT shall prepare a development
schedule, which shall include, but shall not be
limited to, the review and approval times by
governmental agencies as may be required.
7. The CONSULTANT shall make available all design
calculations and associated Data, and
participat~ in meetings in which Value
Engineering Analysis of the project takes place,
at such times and places as shall be determined
by the CITY.
Phase III. Final Design Phase.
If the Final Design Phase is authorized, the
following requirements shall apply:
1. The CONSULTANT shall prepare construction documents
which shall include but not be limited to drawings
and technical specifications, general and
6
supplementary conditions, bid forms, invitations to
bid, instructions to bidders, with technical
criteria, descriptions and design data necessary
for permitting by governmental authorities, and
shall include any further adjustments in the scope
or quality of the project or in the construction
budget authorized by the City.
2. The CONSULTANT shall, in the preparation of
construction documents, technical criteria, written
descriptions and design data, take into account
currently prevailing codes and regulations
governing construction in the City of Delray Beach,
Florida, and shall meet the requirements of other
agencies or governmental authorities having
jurisdiction over the project.
3. The CONSULTANT shall prepare a detailed opinion of
probable cost in accordance with paragraph I. C,
which shall be reviewed by the CITY prior to going
out for bids.
4. The CONSULTANT shall provide the required documents
and attend meetings as necessary, for the approval
of governmental boards, agencies or authorities
having jurisdiction over the project.
5. The CONSULTANT shall use bid documents provided by
the CITY including bidding forms, conditions of the
contract, and form of AGREEMENT between the CITY
and CONTRACTOR.
6. The CONSULTANT shall prepare documents including
design and plan revisions required for the approval
of governmental authorities having jurisdiction
over the proj ect . Said approvals are required
prior to the public notice for the Invitation to
Bid and submission of applications, therefore are
the responsibility of the CONSULTANT.
7. The CONSULTANT shall provide the CITY the number of
copies of contract documents as specified in the
service authorization.
D. Phase IV - Bidding/Negotiation Phase.
If the bidding phase is authorized, the following
requirements shall apply:
1. The CONSULTANT shall assist the CITY in obtaining
the bids or negotiated proposals, assist in
awarding and preparing contracts for construction,
attend pre-bid conferences, prepare addenda,
7
provide written recommendation of award, assist in
the compilation/preparation of contract documents,
and after the award assist the CITY in securing the
required bonds and certificates of insurance, and
in the review of the contract documents for
completeness.
2. The CONSULTANT shall attend the bid opening,
prepare bid tabulation sheets and assist the CITY
in evaluating Bids or proposals and in assembling
and awarding contracts for construction, materials,
equipment and services.
3. The CONSULTANT shall issue addenda as appropriate
to interpret, clarify or expand the Bidding
Documents.
4. The CONSULTANT shall consul t wi th and advi se the
CITY as to the acceptability of subcontractors,
suppliers and other persons and organizations
proposed by the prime contractor (s) (herein called
CONTRACTOR(S) for those portions of the work as to
which such acceptability is required by the Bidding
Documents.
B.
5. Consult with the CITY concerning and determine the
acceptability of substitute materials and equipment
prior to the award of contracts is allowed by the
Bidding Documents.
Phase V - Construction Phase.
If Contract Administration is authorized,
following requirements shall apply:
1. The CONSULTANT shall provide administration of
contract for construction as set forth herein
as contained within the general conditions of
contract for construction.
the
the
and
the
2. The CONSULTANT shall be a representative of and
shall advise and consult with the CITY during
construction and until final payment to the
contractor is due. The CONSULTANT shall have
authority to act on behalf of the CITY only to the
extent provided in this AGREEMENT and as provided
in the contract for construction unless otherwise
modified by written instrument.
3. The CONSULTANT shall visit the site at regular
intervals appropriate to the stage of construction
or as otherwise agreed to by the CITY and the
CONSULTANT, in writing, to become generally
8
familiar with the progress and quality of the work
completed and shall determine in general if the
work is being performed in a manner indicating that
the work when completed will be in accordance with
the contract documents. The CONSULTANT shall be
required to make on-site observations to review the
work. The CONSULTANT shall keep the CITY informed
of the progress and quality of the work and shall
provide certification to the CITY of satisfactory
completion of all phases of the work in compliance
with the plans, specifications thereto.
4. The CONSULTANT shall not have control over or
charge of and shall not be responsible for
construction means, methods, techniques, sequences
or procedures of construction or for safety
precautions and programs in connection with the
work, since these are solely the CONTRACTOR'S
responsibility under the contract for construction.
The CONSULTANT shall make every reasonable effort
to ensure that the CONTRACTOR completes the work in
accordance wi th the current approved schedule and
carries out the work in accordance with the
Contract documents.
5. The CONSULTANT based on observations and
evaluations of CONTRACTOR'S applications for
payment shall review and certify the amounts due
the CONTRACTOR.
6. The CONSULTANT'S certification for payment shall
constitute a representation to the CITY, based on
the CONSULTANT'S observations at the site as
provided herein and on the data comprising the
CONTRACTOR'S application for payment, that the work
has progressed to the point indicated and that, to
the best of the CONSULTANT'S knowledge,
information, and belief, the quality and quantity
of the work is the accordance with the contract
documents. The foregoing representations are
subject to an evaluation of the work for
conformance with the contract documents upon
substantial completion, to results of subsequent
tests and inspections, to minor deviations from the
contract documents, correctable prior to completion
and to specific qualifications expressed by the
CONSULTANT. The issuance of the certificate of
payment shall further constitute a representation
that the CONSULTANT has made observations to review
the quality or quantity of the work.
9
7. The CONSULTANT shall recommend disapproval or
rej ection of CONTRACTOR'S work to the CITY, which
does not conform to the contract documents. The
CONSULTANT will have authority to require
additional inspection or testing of the work in
accordance with the provisions of the contract
documents, whether or not work is fabricated,
installed or completed.
8. The CONSULTANT shall review and approve or take
other appropriate action upon CONTRACTOR'S
submittals, such as shop drawings, product data,
and samples for the purpose of checking for
conformance with information given and the design
concept expressed in the contract documents. The
CONSULTANT shall evaluate and determine the
acceptability of substitute materials and equipment
proposed by CONTRACTORS.
9. The CONSULTANT shall prepare change orders and
construction change directives with supporting
documentation and data if deemed necessary by the
CONSULTANT, for the CITY'S approval and execution
in accordance with the contract documents, and may
authorize minor changes in the work not involving
an adjustment in the contract time, which is
consistent with the intent of the contract
documents.
10. The CONSULTANT shall conduct inspections to
determine the. date or dates of substantial
completion and the date of final completion, shall
receive and forward to the CITY for the CITY'S
review and records, written warranties and related
documents required by the contract documents and
assembled by the CONTRACTOR and shall issue a final
certificate for payment upon compliance with the
requirements of the contract documents.
11. The CONSULTANT shall interpret matters concerning
performance of the CITY and CONTRACTOR under the
requirements of the contract documents on written
request of either the CITY or CONTRACTOR. The
CONSULTANT'S response to such requests shall be
made with reasonable promptness and within any time
limits agreed upon.
12. Interpretations of the CONSULTANT shall be
consistent with the intent of and reasonably
inferable from the contract documents and shall be
in writing or in the form of drawings. When making
10
such interpretations, the CONSULTANT shall endeavor
to secure faithful performance by both the CITY and
the CONTRACTOR.
13. The CONSULTANT shall be the final arbiter on
matters relating to aesthetics.
14. The CONSULTANT shall render written interpretations
within a reasonable time on all internal disputes
between the CITY and CONTRACTOR relating to the
execution of the progress of the work as provided
in the contract documents.
15. The CONSULTANT"S interpretations on internal
disputes are not binding on the CITY and CONTRACTOR
relating to the execution of the progress of the
work as provided in the contract documents.
16. The CONSULTANT shall provide the number of sets of
the construction documents to the CONTRACTOR as
specified in the SERVICE AUTHORIZATION.
17. Upon completion of construction the CONSULTANT
shall provide to the CITY, three sets of record
drawings, plus one set of mylars incorporating as
built conditions and other data furnished by
contractor(s) to CONSULTANT.
18. In company with the City, the CONSULTANT shall
visi t the proj ect to observe any apparent defects
in the completed construction, assist the CITY in
consultations and discussions with CONTRACTOR(S)
.concerning correction of such deficiencies, and
make recommendations as to replacement or
correction of defection work.
F. Phase VI
Phase
Resident Project Representative Services
If the Resident Project Representative Services Phase is
authorized the following requirements shall apply:
A. A Resident Project Representative will be assigned to
assist CONSULTANT in carrying out his responsibilities to
CITY at the site. Resident Project Representative is
CONSULTANT'S agent at site, will act as directed by and
under the supervision of CONSULTANT, and will confer with
CONSULTANT regarding Resident Representative's actions.
Resident Representative's dealing in matters pertaining to
the on-site work shall in general be with CONSULTANT and
CONTRACTOR keeping the CITY advised as necessary.
Resident Project Representative's dealings with
11
subcontractors shall only be through or with the full
knowledge and approval of CONTRACTOR. Resident proj ect
Representative shall generally communicate with the CITY
with the knowledge of and under the direction of
CONSULTANT.
B. Resident Project Representative shall where applicable:
1. Review the progress schedule, schedule of Shop Drawing
submittals and schedule of values prepared by
CONTRACTOR and consul t wi th CONSULTANT concerning its
general acceptability.
2. Attend meetings with CONTRACTOR, such
preconstruction conferences, progress meetings,
conferences and other project-related meetings,
prepare and circulate copies of minutes thereof.
3. Working principally through CONTRACTOR'S
superintendent, assist CONSULTANT in serving as the
City's liaison with CONTRACTOR, when CONTRACTOR'S
operations affect the CITY'S on-site operations.
4. Assist in obtaining from the CITY additional details or
information, when required for proper execution of the
Work.
as
job
and
5. Record date of receipt of Shop Drawings and samples.
6. Receive samples, which are furnished at the site by
CONTRACTOR, and notify the CONSULTANT of availability
of samples for examination.
7. Advise the CONSULTANT and CONTRACTOR of the
commencement of any Work requiring a Shop Drawing, if
the submittal has not been approved by the CONSULTANT.
8. Conduct on-site observations of the Work in progress to
assist the CONSULTANT in determining if the Work is, in
general, proceeding in accordance with the Contract
Documents.
9. Report to the CONSULTANT whenever Residential proj ect
Representative believes that any Work is
unsatisfactory, faulty or defective or does not conform
to the Contract Documents; or has been damaged, or does
not meet the requirements of any inspection, test or
approval required to be made. Advise th~ CONSULTANT of
Work that Resident Project Representative believes
should be uncovered for observation, or requires
special testing, inspection or approval. Nothing
herein shall relieve the CONTRACTOR or the CONSULTANT
from the duties imposed by the contract.
12
10. Verify that tests, equipment and systems startups, and
operating and maintenance training are conducted in the
presence of appropriate personnel, and that CONTRACTOR
maintains adequate records thereof; and observe, record
and report to the CONSULTANT appropriate details
relative to the test procedures and startups.
11. Accompany visiting inspectors representing public or
other agencies having jurisdiction over the Project,
record the results of these inspections and report to
the CONSULTANT.
12. Report to CONSULTANT when clarifications and
interpretations of the Contract Documents are needed
and transmit to CONTRACTOR clarifications and
interpretations as issued by the CONSULTANT.
13. Consider and evaluate CONTRACTOR'S suggestions for
modifications in Drawings or Specifications and report
with Resident Project Representative's recommendations
to the CONSULTANT. Transmit to CONTRACTOR decisions as
issued by the CONSULTANT.
14. Maintain at the job site orderly files for
correspondence, reports of job conferences, Shop
Drawings and samples, reproductions of original
Contract Documents, including all Work Directive
Changes, Addenda, Change Orders, Field Orders,
additional Drawings issued subsequent to tli.e execution
of the Contract, CONSULTANT'S clarifications and
interpretations of the Contract Documents, progress
reports, and other Project related documents
15. Keep a diary or log book, recording CONTRACTOR hours
on the job site, weather conditions, data relative to
questions of Work Directive Changes, Change Orders or
changed conditions, list of job site visitors, daily
activities, decisions, observations in general, and
specific observations in more detail as in the case of
observing test procedures; and send copies to the
CONSULTANT.
16. Record all names, addresses and telephone numbers of
the CONTRACTOR, all subcontractors and major suppliers
of material and equipment.
17. Furnish the CONSULTANT periodic reports as required of
progress of the Work of the CONTRACTOR'S compliance
with the progress schedule and schedule of Shop Drawing
and sample submittals.
13
18. Consult with the CONSULTANT in advance of schedule
maj or tests, inspections or start of important phases
of the Work.
19. Draft proposed Change Orders and
Changes, obtaining backup materials from
recommend to the CONSULTANT, Change
Directive Changes, and Field Orders.
20. Report immediately to the CONSULTANT and the CITY upon
the occurrence of any accident.
Work Directive
CONTRACTOR and
Orders, Work
21. Review applications for payment with CONTRACTOR for
compliance with the established procedure for their
submission and forward with recommendations to the
CONSULTANT noting particularly the relationship of the
payment requested to the schedule of values, Work
completed and materials and equipment delivered at the
site, but not incorporated in the Work.
22. During the course of the work, verify that
certificates, maintenance and operation manuals and
other data required to be assembled and furnished by
CONTRACTOR are applicable to the items actually
installed and in accordance with the Contract
Documents, and have this material delivered to the
CONSULTANT for review and forwarding to CITY prior to
final payment for the Work.
23. Before the CONSULTANT issues a Certificate of
Substantial Completion, submit to CONTRACTOR a list of
observed items requiring completion or correction.
24. Conduct final inspection in the company of the
CONSULTANT, the CITY and the CONTRACTOR and prepare a
final list of items to be completed or corrected.
25. Observe that all items on final list have been
completed or corrected and make recommendations to the
CONSULTANT concerning acceptance.
C. The Resident Project Representative shall not:
1. Authorize any deviation from the Contract Documents or
substitution of materials or equipment.
2. Exceed limitations of the CONSULTANT'S authority as set
forth in the Contract Documents.
3. Undertake any of the responsibilities of CONTRACTOR,
subcontractors, or CONTRACTOR'S superintendent.
4. Advise on, issue directions regarding or assume control
over any aspect of the means, methods, techniques,
sequences or procedures of construction unless such
14
advice or directions are specifically required by the
Contract Documents.
5. Advise on, issue directions regarding or assume control
over safety precautions and programs in connection with
the Work.
6. Accept Shop Drawing or sample submittals, from anyone
other than CONTRACTOR.
7. Authorize the CITY to occupy the Project in whole or in
part.
8. Participate in specialized field or laboratory tests or
inspections conducted by others except as specifically
authorized by the CONSULTANT.
IV. DATA AND SERVICES TO BE PROVIDED BY THE CITY
The CITY shall provide the following:
A. Furnish or cause to be furnished such reports,
studies, instruments, documents, and other
information as the CONSULTANT and CITY mutually
deem necessary and which' are under control of
the CITY.
B. Other data and services to be agreed upon in
subsequent SERVICE AUTHORIZATIONS.
C. Pay for all legal advertisements incidental to
obtaining bids or proposals from contractors.
D. The CITY Manager or his designee shall act as
the CITY'S representative with respect to the
work to be performed under this AGREEMENT. The
CITY Manager or his designee shall have the
authority to the extent authorized by the CITY
Charter and Code of Ordinances to exercise the
rights and responsibilities of the CITY provided
in this contract. Said authority may include
but is not limited to: transmit instructions,
stop work, receive information, interpret CITY'S
policies and decisions with respect to materi-
als, equipment, elements, and systems pertinent
to the services covered by this AGREEMENT.
E. Pay all permit application filing fees.
F. Provide access to CITY facilities.
15
V. TIME OF PERFORMANCE
A. The CONSULTANT will begin work promptly after
issuance of a Notice to Proceed.
B. The CONSULTANT'S services called for under the
AGREEMENT shall be completed in accordance with the
schedule contained in each SERVICE AUTHORIZATION. If
the CONSULTANT'S services are unreasonably delayed by
the CITY in excess of 180 days, the time of perfor-
mance and compensation shall be renegotiated, provid-
ed; however, the CONSULTANT as a condition precedent
to renegotiations shall notify the City within
fifteen (15) calendar days at the end of the delay of
CONSULTANT t S proposed additional costs incurred by
reason of said delay.
VI. AGREEMENT PERIOD
The period of service is from the date of execution of
this AGREEMENT until such time as all outstanding SERVICE
AUTHORIZATIONS, if any, that have been issued are
completed. Each Service Authorization shall delineate a
time for completion of the service to be rendered.
VIT. COM-PENSATION
A. The CITY will compensate the CONSULTANT for the
services performed on each SERVICE AUTHORIZATION in
accordance with a negotiated lump sum, or a not to
exceed budgeted amount based on time charges which
are based upon hourly rates, plus reimbursable
expenses if compensation is based on Method II and
other related costs as are specified in the SERVICE
AUTHORIZATION.
1. METHOD 1 - LUMP SUM
Lump Sum Amount. Wherever possible, the scope
of services for Services, Projects or Programs
shall be thoroughly defined and outlined prior
to its authorization. The CITY and CONSULTANT
shall mutually agree to a lump sum amount for
services to be rendered and a detailed scope of
services. Should the CITY deem that a change in
the scope of services is appropriate, then a
decrease or increase in compensation shall be
16
authorized in writing. In lump sum contracts,
the CONSULTANT shall submit the estimated man-
hours, wage rates and other actual unit costs
supporting the compensation. The CONSULTANT
shall submit a truth in negotiation certificate
stating that all data supporting the compensa-
tion is accurate, complete and current at the
time of contracting.
2. METHOD II - TIMES CHARGES/ NOT TO EXCEED BUDGET-
ED AMOUNT
Computation of Time Charges/Not to Exceed
Amount. When a service is to be compensated for
on a time charge/not to exceed basis, the
CONSULTANT will submit a not to exceed budget
cost to the CITY for prior approval based on
actual time charges which shall not exceed
established hourly rates as shown in Exhibit B
attached hereto, plus reimbursable expenses and
other related costs. The CITY shall not be
obligated to reimburse the CONSULTANT for costs
incurred in excess of the not to exceed cost
amount.
a. The CITY agrees to pay the CONSULTANT
compensation for services rendered based
upon the established raw hourly salary
rates as shown in Exhibit B for services
rendered on CITY projects multiplied by an
overhead factor not to exceed 3.0, which
includes profit not to exceed ten percent
(10%) and may be subject to audit. The
schedule of hourly rates as set forth in
Exhibit B is attached hereto and made a
part hereof. The rates listed in Exhibit
'B' may be adjusted upon written AGREEMENT
of both parties, however the adjustment may
not exceed more than five percent (5%)
within any twelve (12) month period. A
newly revised Exhibit 'B' must be submitted
for approval.
b. In addition, the CITY shall pay for reim-
bursable expenses invoiced at the actual
cost of expenditures incurred by the
CONSULTANT if provided in the SERVICE
AUTHORIZATION as follows:
17
(1) Actual expense of transportation
and lodging in accordance with
CITY policy in effect at the time
of travel when traveling in
connection with each SERVICE
AUTHORIZATION, express courier
charges, and permit fees paid for
securing approval of authorities
having jurisdiction over the
project.
(2) Actual expense of reproductions,
of Drawings and Specifications
including duplicate sets of the
completion of each SERVICE
AUTHORIZATION for the CITY'S
review and approval.
(3 )
Actual expenses of
laboratory services,
equipment.
testing,
and field
(4) Actual expense of overtime work
requiring higher than regular
rates, when authorized by the
CITY.
(5) Actual expense of Auto Travel at
the established CITY rate per
mile for travel outside Palm
Beach County.
B. Subcontractual service shall be invoiced at the
actual fees paid by the CONSULTANT, plus an addition-
al ten percent (10%) of the cost of these services to
compensate CONSULTANT, for the procuring and manage-
ment of the sub-consultant, and for the other
financial and administrative costs. Subcontractual
services shall be approved by the CITY in writing
prior to performance of the subcontractual work.
C. Total Compensation (including, but not limited to
compensation for sub-consultants) for all services
and expenses shall not exceed the budget cost listed
upon each SERVICE AUTHORIZATION, without written
approval.
18
D. If the CITY determines that any price for services,
however calculated provided by the CONSULTANT,
including profit, negotiated in connection with this
AGREEMENT or any cost reimbursable under this AGREE-
MENT was increased by any significant sums because
the CONSULTANT or any subcontractor furnished incom-
plete or inaccurate costs or pricing data, then such
price or cost or profit shall be reduced accordingly
and the SERVICE AUTHORIZATION shall be reduced
accordingly and the SERVICE AUTHORIZATION shall be
modified in writing to reflect such reduction.
VIII. PAYMENT
The CITY agrees that it will use its best effort to pay
the CONSULTANT within thirty (30) calendar days from
presentation of the CONSULTANT'S itemized report and
invoice and approval of the CITY'S representative, unless
additional time for processing is required for payments
for basic services, subcontractual services, and reimburs-
able expenses as defined in Section VII. The CONSULTANT
shall submit monthly invoices, as required in the SERVICE
AUTHORIZATION, which shall include a report of work
completed during the respective invoice period. Invoices
shall be in a format consistent with those shown in
Exhibit C. The report shall be adequate in detail to
describe work progress (% complete for each task) and
written summaries of work completed. No payment request
shall exceed the value of work and services performed by
the CONSULTANT under the SERVICE AUTHORIZATION.
IX. MISCELLANEOUS PROVISIONS
A. Ownership Documents:
All reproducible mylar drawings and CADD disks in a
format compatible with CITY'S Computer system shall
be given to the CITY. Details, design calculations,
and all other documents and plans that result from
the CONSULTANT'S SERVICES under this AGREEMENT shall
become and remain the property of the CITY, including
copyright rights, whether the project is completed or
not, and will be delivered to the CITY upon demand.
CONSULTANT reserves the right to retain a copy of all
such documents for record purposes. Where such
documents are required to be filed with governmental
agencies, the CONSULTANT will furnish copies to the
19
CITY upon request. The contract work is represented
by hard copy documentation; software, is provided to
the CITY for convenience only.
B. Copies of Documents:
The CONSULTANT shall prepare sufficient copies of all
documents necessary to obtain approval through the
City's processes, as well as other governmental
authorities.. The CITY acknowledges that the materi-
als cited in Paragraph IX A. and other data provided
in connection with this Agreement which are provided
by the CONSULTANT are not intended for use in connec-
tion with any project other than the project for
which such materials are prepared. Any use by the
CITY of such materials in connection with a project
other than that for which such materials were pre-
pared without prior written consent and adaptation by
the CONSULTANT shall be at the CITY'S sole risk, and
the CONSULTANT shall have no responsibility or
liability therefore.
C. Insurance:
Without limiting any of the other obligations or
liabilities of the CONSULTANT, the CONSULTANT shall,
at his own expense, provide and maintain in force,
until all of its services to be performed under this
AGREEMENT have been completed and accepted by the
CITY (or for such duration as it otherwise specified
hereinafter), the following insurance coverages:
1. Worker's Compensation Insurance to apply to all
of the CONSULTANT'S employees in compliance with
the "Worker's Compensation Law" of the State of
Florida and all applicable Federal Laws.
A. Employer's Liability with limits of
$100,000 per person, $500,000 per occur-
rence and $100,000 per each disease.
2. Comprehensive General Liability with minimum
limits of one million dollars ($1,000 ,000. OO)
per occurrence combined single limit for Bodily
Injury Liability and Property Damage Liability.
Coverage must be afforded on a form no more
restrictive than the latest edition of the
Comprehensive General Liability policy, without
20
restrictive endorsements other than ISO Endorse-
ment GL 21 06 (Engineers, Architects, or Survey-
ors Professional Liability exclusion), as Filed
by the Insurance Services Office and must
include:
a. Premises and/or Operations
b. Independent Contractors
c. Products and Completed Operations
CONSULTANTS shall maintain in force until
at least three years after completion of
all services required under this AGREEMENT,
coverage for Products and Completed
Operations, including Broad Form Property
Damage.
d. Broad Form Property Damage
e. Contractual Coverage applicable to this
specific AGREEMENT.
f. Personal Inj ury Coverage with minimum
limits of coverage equal to those required
for Bodily Injury Liability.
3. Business Automobile Liability with minimum
limits of three hundred thousand dollars
($300,000.00) per occurrence combined single
limit for Bodily Injury Liability and Property
Damage Liability. Coverage must be afforded on
a form no more restrictive than the latest
edition of the Business Automobile Liability
policy, without restrictive endorsements, as
filed by the Insurance Services Office and must
.
include:
a. Owned Vehicles
b. Hired and Non-Owned Vehicles
c. Employers' Non-Ownership
4. Professional Liability Insurance with minimum
limits per occurrence applicable to CITY
projects as follows:
Construction Cost Range Limit
a. 0 - 99,000 250,000
b. 100,000 - 299,000 500,000
c. 300,000 - 499,000 750,000
d. 500,000 - Above 1,000,000
21
Coverage shall be afforded on a form acceptable
to the CITY. CONSULTANT shall maintain such
professional liability insurance until at least
one year after a Certificate of Occupancy is
issued. CONSULTANT shall insure that sub-
consultants used for any portion of the project,
maintain adequate levels of Professional
Liability Insurance.
5. Prior to commencement of services, the CONSUL-
TANT shall provide to the CITY Certificates of
Insurance evidencing the insurance coverage
specified in the foregoing Paragraphs Cl, C2,
C3, C4. All policies covered within subpara-
graphs Cl, C2, C3, C4, shall be endorsed to
provide the CITY with thirty (30) days notice of
cancellation and/or restriction. The CITY shall
be named as an additional insured as to CONSUL-
TANT'S liability on policies referenced in
subparagraphs C2. The required Certificates of
Insurance shall not only name the types of
policies provided, but also shall refer specifi-
cally to this AGREEMENT and section and to the
above paragraphs in accordance with which
insurance is being furnished, and shall state
that such insurance is as required by such
paragraphs of this AGREEMENT. The CONSULTANT
shall also make available to the CITY a certi-
fied copy of the professional liability insur-
ance policy required by paragraph 4 above for
the City'S review. Upon request, the CONSULTANT
shall provide copies of all other insurance
policies.
6. If the initial insurance policies required by
this AGREEMENT expire prior to the completion of
the services, renewal Certificates of Insurance
of policies shall be furnished thirty (30) days
prior to the date of their expiration. For
Notice of Cancellation and/or Restriction; the
policies must be endorsed to provide the CITY
with thirty (30) days notice of cancellation
and/or restriction.
7 . The CONSULTANT'S insurance, incl uding tha t
applicable to the CITY as an Additional Insured,
shall apply on a primary basis.
22
D. Litigation Services:
It is understood and agreed that CONSULTANT'S servic-
es include reasonable participation in litigation or
dispute resolution arising from this AGREEMENT.
CONSULTANTS participation shall include up to 30
hours of services related to litigation or dispute
resolution. Any such services in excess of 30 hours
shall be an extra service.
E. Authority to Contract:
The CITY represents that it is a Florida Municipal
Corporation with the authority to engage the CONSUL-
TANT for professional services described in the
SERVICE AUTHORIZATIONS and to accept the obligation
for payment for the services described in the SERVICE
AUTHORIZATIONS.
F. Assignment:
The CITY and the CONSULTANT each binds itself and its
successors, legal representatives, and assigns to the
other party to this AGREEMENT and to the partners,
successors, legal representatives, and assigns of
such other party, in respect to all covenants of this
AGREEMENT subject to budget considerations and
requirements of law; and, neither the CITY nor the
CONSULTANT will assign or transfer their interest in
this AGREEMENT without the written consent of the
other.
G. Confidential Information:
During all times that the CONSULTANT is employed on
behalf of the CITY and at all times subsequent to the
date of this contract, all discussions between th~
CITY and the CONSULTANT and all information developed
or work products produced by the CONSULTANT during
its employment and all matters relevant to the
business of the CITY not otherwise being a matter of
public record shall be deemed to be confidential.
All such information and work product shall be
protected by the CONSULTANT and shall not be revealed
to other persons without the express written permis-
sion of the CITY, unless mandated by order of the
court.
H. Non-Exclusive Contract:
23
The CITY reserves the right to award proj ects to
other firms pursuant to the Florida Statutes Consul-
tant's Competitive Negotiations Act during the period
of service of the CONSULTANT. The CONSULTANT agrees
to cooperate with the CITY and other firms in accom-
plishing work that may require joint efforts to
accomplish the CITY'S goals. This cooperation, when
requested by the CITY, will include but not be
limited to:
1. Sharing technical information developed under
contract with the CITY.
2. Joint meetings for project coordination.
3. Establish lines of communication.
I. Subconsultants:
In the event the CONSULTANT, during the course of the
work under this AGREEMENT requires the services of
any subcontractors or other professional associates
in connection with services covered by this AGREE-
MENT, CONSULTANT must secure the prior written
approval of the CITY.
J. Notices:
Whenever either party desires to give notice unto the
other, it must be given by written notice, sent by
registered United States mail, with return receipt
requested, addressed to the party for whom it is
intended at the place last written, as the place for
giving of notice in compliance with the provisions of
this paragraph. For the present, the parties desig-
nate the following as the respective places of giving
of notice to wit:
CITY of Delray Beach
CITY MANAGER
City of Delray Beach, Florida
100 NW 1st Avenue
Delray Beach, Florida 33444
CONSULTANT
24
Jose N. Aguila, AlA
Currie Sowards Aguila Architects
134 NE First Avenue
Delray Beach, Florida 33444
K. Attachments:
Request for Qualifications is hereby incorporated
within and made an integral part of this AGREEMENT.
L. Truth-In-Negotiation Certificate:
Signature of this AGREEMENT by CONSULTANT shall act
as the execution of a truth in negotiation certifi-
cate stating that wage rates and other factual unit
costs supporting the compensation of this AGREEMENT
are accurate, complete, and current. The original
contract price and any additions thereto shall be
adjusted to exclude any significant sums by which the
CITY determines the contract price was increased due
to inaccurate, incomplete, or non-current wage rates
and other factual unit costs.
M. Records:
Records of all expenses relative to each SERVICE
AUTHORIZATION shall be kept on a generally recognized
accounting basis and shall be available to the CITY
or its authorized representative at mutually conve-
nient times.
N. Personnel:
The CONSULTANT represents that it has or will secure,
at its own expense, qualified personnel required in
performing the services under this AGREEMENT. All
work shall be performed under the direction of a
professional, registered under the State of Florida
in the field for which he is responsible for
performing such services.
The project manager shall be approved by the CITY
under each SERVICE AUTHORIZATION. Key project
personnel will be identified for each project and
expected to perform the work assignment as can
reasonably be expected.
o. Equal Opportunity Employment:
25
CONSULTANT agrees that it will not discriminate
against any employee or applicant for employment for
work under this Agreement because of race, color,
religion, sex, age or national origin. Such action
shall include, but not be limited to the following:
employment, upgrading, demotion or transfer; recruit-
ment advertising; lay-off or termination; rates of
payor other forms of compensation; and selection for
training, including apprenticeship. The CONSULTANT
agrees to post in conspicuous places, available to
employees and applicants for employment, notices
setting forth this non-discrimination clause. This
provision applies to all CONSULTANT'S subcontractors
and it is the responsibility of CONSULTANT to ensure
subcontractor's compliance.
P. Prohibition Against Contingent Fees:
The CONSULTANT warrants that he has not employed or
retained any company or person, other than a bona
fide employee working solely for the CONSULTANT, to
solicit or secure this AGREEMENT, and that he has not
paid or agreed to pay any persons, company, corpora-
tion, individual or firm, other than a bona fide
employee working solely for the CONSULTANT any fee,
commission, percentage, gift, or any other considera-
tion, contingent upon or resulting from the award or
making of this AGREEMENT.
Q. Termination:
This AGREEMENT may be terminated by either party by
seven (7) calendar days prior written notice, in the
event of substantial failure to perform in accordance
with the terms hereof by the other party through no
fault of the terminating party. The CITY shall have
the right to terminate this AGREEMENT for convenience
at any time by thirty (30) calendar days written
notice to the consultant. In the event the project
described in any SERVICE AUTHORIZATION, or the
services of the CONSULTANT called for under any
SERVICE AUTHORIZATION, is or are suspended, canceled,
or p.bandoned by the CITY, the CONSULTANT shall be
given five days prior written notice of such action
and shall be compensated for the professional
services provided and reimbursable expenses incurred
up to the date of suspension, cancellation or
abandonment. The CONSULTANT agrees to provide all
documents to the CITY (specifically those referenced
in paragraph IX. A. Further, prior. to the
26
CONSULTANT I S destruction of any of the above
referenced documents, the CITY shall be notified and
allowed a reasonable period to gain access to and
make copies of any such documents. Upon any termina-
tion of this AGREEMENT, the CONSULTANT agrees that it
shall use its best efforts to work harmoniously with
any successor who enters an AGREEMENT to provide
services for the CITY in order to provide for a
smooth transition period.
R. Indemnification:
In consideration of ten dollars ($10.00) and other
valuable consideration, the CONSULTANT will at all
times indemnify, save and hold harmless and defend
the CITY, its officers, agents (the term agents shall
not include the contractor (s), any subcontractors,
any materialmen or others who have been retained by
the City or Contractor, or materialmen to supply
goods or services to the project) and employees, from
and against all liability, any claim, demand, damage,
loss, expense or cause of action and costs (including
attorney's fees at trial or appellate levels) arising
out of error, omission, or negligent act of
CONSULTANT, its agents, servants or employees in the
performance of services under this agreement. The
CONSULTANT further agrees to indemnify, hold harmless
and defend the City, its officers, agents and
employees from and against any claim, demand or cause
of action arising out of any negligence or misconduct
of CONSULTANT for which the City, its agents,
servants or employees are alleged to be liable. The
indemnification's contained herein shall survive the
expiration or earlier termination of this Agreement.
Nothing in this AGREEMENT shall be deemed to affect
the rights, privileges and immunities of the CITY as
set forth in Florida Statutes 768.28.
S. Interest of the Consultant:
The CONSULTANT covenants that it presently has no
interest and shall not acquire any interest, direct
or indirect, in any Project to which this AGREEMENT
pertains or any other interest which would conflict
in any manner or degree with the performance of its
services hereunder. The CONSULTANT further covenants
that in the performance of this AGREEMENT, no person
having such interest shall be employed.
27
T. Compliance with Laws:
a. The CONSULTANT shall comply with the applicable
requirements of State and applicable County laws
and all Codes and Ordinances of the CITY OF
DELRAY BEACH as amended from time to time, and
that exist at the time of building permit
issuance.
b. For SERVICE AUTHORIZATIONS involving work under
Federal or State Grantors or Approving Agencies,
the CITY and the CONSULTANT shall review and
approve the applicable required provisions or
any other supplemental provisions as may be
included in each SERVICE AUTHORIZATIONS.
U. Jurisdiction; Venue:
The CONSULTANT hereby covenants, consents and yields
to the jurisdiction of the State Civil Courts of Palm
Beach County, Florida. Any dispute between CONSUL-
TANT and the CITY shall be governed by the laws of
Florida with venue in Palm Beach County.
V. Internal Dispute Between Owner and Consultant:
The City Manager shall be the final decision maker
regarding internal disputes between CITY and CONSUL-
TANT.
W. Extent of Agreement:
This AGREEMENT represents the entire integrated
AGREEMENT between the CITY and the CONSULTANT and
supersedes all prior negotiations, representations or
AGREEMENTS, written or oral. This AGREEMENT does not
entitle the CONSULTANT to receive any fee unless
first being issued a Service Authorization. This
AGREEMENT does not provide that a CONSULTANT is
entitled to receive any Service Authorization.
This AGREEMENT may not be amended, changed, modified,
or otherwise altered in any way, at any time after
the execution hereof, except by approval of the CITY
Commission. This AGREEMENT applies only to those
projects that are on the CITY'S Capital Improvement
Plan (CIP) , attached hereto as Exhibit "D". The CITY
is not required to issue any Service Authorizations
to CONSULTANT for any projects listed on the CIP.
28
IN WITNESS WHEREOF, the CITY has caused these
presents to be executed in its name by its Mayor, and attested
and its official Seal to be hereunto affixed by its CITY Clerk,
and the CONSULTANT has hereunto set its hand and Seal the day
and year first written above.
CITY OF DELRAY BEACH, FLORIDA
By:
MAYOR
ATTEST:
City Clerk
Approved as to Form:
. -
Q..~
~.CITY Attorney
Mr.L/'A$ tA!/f
Name Printed
CONSULTANT Currie Sowards Aguila
Architects ~"
By: ~
Title: (>Y\,~~ f....l
~c
Wit es v
(Seal)
j~<; CAJ~
Name Printed
29
ACKNOWLEDGEMENT IF CORPORATION
State of Florida
County of Palm Beach
of
BEFORE ME, the foregoing instrument, this ~
O~. 200<a was acknowledged by
..Jo"SE:' ,J. ~.,:Ic... , on behalf of the Corporation
and said person executed the same freely and voluntarily for
the purpose therein expressed.
WITNESS my hand and seal in the County and State
aforesaid this 4 day of Oc..::r: , 200G::>.
~~~
day
(SEAL)
~\\\\""Il"",,1.
~",~ 'b.\\\\8en D8~~"""
~ ~ ......... ~ ~
~ ..~,\l.\SS'ON ... ~
~ .' VO.....:~ly 7 ~..o'. ~
.:::' ..~ ~W" '<12~. ~
:- :~~ftr ~~.~-:
=*: ..... :*=
: : : :
~ ~.. '00176008 : ~~
~~. . [ijojiii;
~~... ~~~ ..~~
~'r}- ...,.~~_...~ ~
~.I. "Ov8;......;;..O~ ,,~
'I", 4/C 51 f>;' \. ",,,
~",I'j'II"t\'\" -
Notary Public
My Commission Expires:
ACKNOWLEDGEMENT IF AN INDIVIDUAL
State of Florida
County of Palm Beach
I HEREBY CERTIFY that on this date before me, an
officer duly authorized in the state and county named above to
take acknowledgments, personally appeared
known to me to be the person in and
who executed the foregoing instrument, and acknowledged before
me that he/she executed the same.
SWORN TO AND SUBSCRIBED before me this day
of , 200 .
Notary Public
My Commission Expires:
30
ACKNOWLEDGEMENT IF A PARTNERSHIP
State of Florida
County of Palm Beach
I HEREBY CERTIFY that on this date before me, an
officer duly authorized in the state and county named above to
take acknowledgments, personally appeared
known to me to be the person in and
who executed the foregoing instrument as a partner of
, a partnership. He/She
acknowledged before that he/she executed the same as the act
and deed of said partnership for the uses and purposes therein
mentioned.
SWORN TO AND SUBSCRIBED before me this day
of , 200 .
Notary Public
My Commission Expires:
31
EXHIBIT A (SAMPLE)
CONSULTING SERVICE AUTHORIZATION
DATE:
SERVICE AUTHORIZATION NO. FOR CONSULTING SERVICES
CITY P.O. NO. CITY EXPENSE CODE
TITLE:
This Service Authorization, when executed, shall be incorporat-
ed in and shall become an integral part of the Contract.
Title:
I. PROJECT DESCRIPTION
II. SCOPE OF SERVICES
III. BUDGET
IV. COMPLETION DATE
This service authorization is approved contingent upon the City's
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 may not commence work on any service authorization approved by
the City to be included as part of the contract without a further notice to
proceed.
Approved by:
CITY OF DELRAY BEACH:
CONSULTANT: Currie Sowards Aguila
Architects
Date
Date
By:
(Seal)
Mayor
Witness
Witness
Attest:
Attest:
32
Approved as to Legal
Sufficiency and Form
BEFORE ME, the foregoing
instrument, this
day of , 200_,
was acknowledged by
on behalf of the Corporation
and said person executed the
same free and voluntarily
for the purpose there-in
expressed.
Witness my hand and seal in
the County and State
aforesaid this day of
, 200 .
Notary Public
State of Florida
My Commission Expires:
33
EXHI61T "6"
FOR HOURLY SERVICES
CURRIE SOWARDS AGUILA ARCHITECTS
HOURLY HOURLY RAW
RAW SALARY SALARY RATE
RATES TIMES 3.00
MULTIPLIER
EMPLOYEE CATEGORY
PROFESSIONALS:
Principal Architect $58.33 $175.o0/hr
Project Architect $50.00 $150.o0/hr
Project Manager $41.66 $125.o0/hr
TECHNICIANS:
CADD Technician I $28.33 $85.o0/hr
CADD Technician II $21.66 $65.00/hr
OFFICE SUPPORT:
Clerical $15.00 $45.00/hr
Rev 10/04/06
EXHIBIT C
SAMPLE -- COST NOT TO EXCEED FORMAT
INVOICE
City of Delray Beach
Project No.
Purchase Order No.
Task Order No.
Date
Client Ref. No.
Invoice No.
Description of services under Task Order #
Period ending:
LABOR
Class
Employee Name
Rate
Hours
Amount
Subtotal Labor
$
EXPENSES
Computer
Word Processing
Auto Rental
Postage/Freight
Air Transportation
Print/Reprographics
Supplies
Subtotal Expenses
TOTAL AMOUNT DUE THIS INVOICE
$
COST SUMMARY
Contract Amount
$
$
Amount Earned This Period
Amount Previously Earned
Amount Remaining
$
35
EXHIBIT C (continued)
SAMPLE INVOICE -- LUMP SUM FORMAT
INVOICE
City of Delray Beach
. Purchase Order No.
Task Order No.
Client Ref. No.
Invoice No.
Description of services under Task Order
Period ending
Total Fee
$
$
% Complete
Less Previous Billings
Total Earned This Period
$
$
TOTAL AMOUNT DUE THIS INVOICE
36
EXHIBIT D
SAMPLE -- COST NOT TO EXCEED FORMAT
INVOICE
City of Delray Beach
Project No
Purchase Order No.
Task Order No.
Date:
Client Ref. No.
Invoice NO.
Description of services under Task Order #
Period ending:
LABOR
CLASS
EMPLOYEE NAME
RATE
HOURS
Subtotal Labor
Expenses
Computer
Word Processing
Auto Rental
Postage/Freight
Air Transportation
Print/Reprographics
Supplies
Subtotal Expenses
TOTAL AMOUNT DUE THIS INVOICE
37
AMOUNT
$
$
AGENDA ITEM NUMBER: ~
AGENDA REQUEST
Date: October 10, 2006
Request to be placed on:
~ Regular Agenda
Special Agenda
Workshop Agenda
When:
October 19, 2006
Description of agenda item:
Staff requests Commission award of a professional consulting contract and service authorization #1 thereto
to Currie. Sowards, Aguila Architects in the total amount of $221 ,500.00 for consulting services required for
the replacement of Fire Station #4 on Lake Ida Road at Barwick Road, The contract includes a full scope of
services from facility programming and site plan development to preparation of construction documents and
construction administration activities. The proposed fee, excluding $4,500 for reimbursable expenses,
represents 8% of budgeted construction costs. Funding is available in General Construction Fund account
#3jt-6112-522-62.88, Fire Station 4.
ORDINANCE/RESOLUTION REQUIRED:
Draft of Resolution Attached:
YES
YES
NO
NO
x
X
Recommendation:
Department Head Signature:
; 0 -I 0 - 01.
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: rW
>"",<..."".."
Lf;;f
No
Funding alternatives (if applicable):
Account Number:
33l/-&/( 2 - 512. &2- JJ
hit Sf~y,'J}, tI tj-
f''06f5 if:)J
Account Description:
Account Balance:
City Manager Review:
Approved for Agenda:
&
~
No
Hold Until:
Agenda Coordinator Review:
Received:
Action:
Approved:
Disapproved:
P.O. #
AGENDA ITEM NUMBER:
MEMORANDUM
TO:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
~
CITY MANAGER
AGENDA ITEM # .T- REGULAR MEETING OF OCTOBER 17.2006
SERVICE AUTHORIZATION NO. 1.3/KIMLEY-HORN AND
ASSOCIATES. INC.
FROM:
DATE:
OCTOBER 13, 2006
This is before the City Commission to approve Service Authorization No. 1.3 in the amount of
$197,085.00 to Kimley-Horn and Associates, Inc. for professional consulting services related to the
improvements of the City's Soccer Complex at the old Atlantic High School site.
Funding is available from 380-4150-572-63.49 (parks & Recreation Bond Fund/Soccer Complex).
Staff recommends approval of Service Authorization No. 1.3 in the amount of $197,085.00 to
Kimley-Horn and Associates, Inc. for professional consulting services related to the improvements of
the City's Soccer Complex at the old Atlantic High School site.
S:\City Clerk\AGENDA COVER MEMOS\AGENDA COVER MEMOS\Service Authorization Agenda Memos\ServicAuth. #1.3 Kim Horn and Associates rnc
IO.17.06.doc
City Of Delray Beach
Department of Environmental Services
M E M 0 RAN
D
u
M
www.mydelraybeach.com
TO: David T. Harden, City Manager V
FROM: Richard C. Hasko, P.E., Environmental Services Director &
SUBJECT: SOCCER COMPLEX CONSULTING AGREEMENT
DATE: October 12, 2006
Attached is a copy of Service Authorization #1.3 for Kimley-Hom and Associates, Inc., for
professional consulting services required in conjunction with development of the City's Soccer
Complex at the old Atlantic High School site. The scope includes formalization of the site plan,
preparation of Site Plan Approval submittal materials and acquisition of that approval, preparation of
all construction documents necessary for permitting and construction of the proposed improvements
and assistance with bidding the project for construction. The total proposed fee for this scope of
services is $197,085 which includes $7,685 for reimbursable expenses. This represents
approximately 8.9% of the current estimated project construction budget of $2,217,000.
Funding for this agreement is available in Parks & Recreation Bond Fund account # 380-4150-572-
63.49, Soccer Complex.
Please place this item on the October l7, 2006 agenda for consideration by City Commission.
Cc: Joe Weldon, Parks & Recreation Director
Randal Krejcarek, P.E., City Engineer
CONSUL TING SERVICE AUTHORIZATION
DATE: September 29,2006 (Revised October 10, 2006)
SERVICE AUTHORIZATION NO. 1.3
FOR CONSULTING SERVICES
CITY P.O. NO.
CITY EXPENSE CODE.
TITLE: PREPARATION OF CONSTRUCTION DOCUMENTS FOR ATLANTIC
SOCCER COMPLEX
1. PROJECT DESCRIPTION
The City of Delray Beach (City) passed a $24 million Parks Bond Program to fmance
improvements to the City's parks, library and Old School Square. Kimley-Hom and
Associates (KHA) was issued a work authorization dated May 24,2006 to provide site
planning and public involvement services for the Atlantic High School Soccer Complex.
That task has been completed with the City Commission approving the site plan at the
commission meeting of September 5, 2006.
This service authorization will be for the Consultant to prepare construction documents
suitable for public bidding, assist in obtaining construction permits and assist in the bid
and award process. Construction phase services will be limited to attending the initial
pre-construction conference. From that point forward, the City will handle construction
phase services.
The site plan as approved by the City Council includes an estimated $2,217,000 in
improvements consisting of a large open play area suitable for multiple soccer fields, a
concession/restroom complex, hardscape features (benches water fountains, trash cans,
bleachers, walkways, etc) landscaping and irrigation, sports lighting, parking/walkway
lighting, and public utilities.
2. SCOPE OF SERVICES
This work authorization includes the preparation of construction documents, assistance in
obtaining construction permits and assistance in the bid and award process.
1.0 PREPARATION OF CONSTRUCTION DOCUMENTS
Utilizing the schematic site plan repaired approved by the city commission, the
Consultant will develop a construction plans and specifications package suitable for
public bid. The package will include items identified in the Preliminary Opinion of
Probable Construction Cost prepared by the Consultant and dated July 27, 2006. These
improvements include the general site clearing and grading, pedestrian paths, sports field
construction, sports lighting, landscaping and irrigation and hardscape features.
In addition, the City would like to construction a free standing restroom! concession stand
for the park. This building will be 3,000 to 4,000 sq .ft. in size and will include the
following:
. Men's and Women's restrooms
. Concession stand
. Main electrical service room
. Storage space
. Maintenance area
. 2nd floor for coach's meetings and office space.
The construction plans package should generally include the following information:
. Site Plan
. Geometric Control Planes)
. Demolition Planes)
. Paving and Grading Planes)
. Pavement Marking Plan and Details
. Paving and Grading Details
. Water and Sewer Plan(s)
. Water and Sewer Detail(s)
. Site Furniture and Fencing Details
. Landscaping Plan
. Landscaping Notes and Details
. Irrigation Plan
. Irrigation Notes and Details
. Site Lighting and Sports Field Lighting Plans
2
. Site Lighting and Sports Field Lighting Details
. Architectural Building Plans
. Building Structural Plans
. Plumbing Plan and Isometrics
. Plumbing Details and Schedules
. Mechanical Plan
. Building Electrical Plan
. Building Lighting Plan
. Electrical Notes Details and Schedules
The Consultant will submit documents for review to the City at the following stages:
. 60% plans and specification outline
. 90% plans and specifications
. 100% (Final) plans and specifications
The Consultant will provide an Engineer's Opinion of Probable Cost with the 90% and
lOO% (Final) submittal packages. The consultant will meet once with City staff after each
submittal to review and discuss City comments.
The drawings will be developed in a 24" x 36" format and also printed in ll" x 17"
format. Final (100%) drawings and documents shall also be submitted in electronic
format (pdf files).
The Consultant will use City front end documents to cover the advertising and
contractual procedures.
Survey information provided by Heller-Weaver and Sheremeta will be utilized for the
design. An electronic copy of the survey has been requested and will be needed in order
to begin the preparation of the construction documents.
Deliverables:
. 60% Submittal:
o lO sets of 11" x 17" Construction Drawings
o lO copies of Outline Specifications
. 90% Submittal:
o lO sets of 11" x l7" Construction Drawings
o lO sets of Technical Specifications
o One copy of Engineer's Opinion of Probable Construction Cost
. Final (100%) Submittal:
o 10 sets of 24" x 36" Construction Drawings
o lO sets of Technical Specifications
o Final copy of Engineer's Opinion of Probable Construction Cost
o CD with PDF electronic files of final plans and specifications
3
2.0 BID AND AWARD SUPPORT SERVICES
The Consultant will assist the City in the bidding process including:
. Attendance at the pre-bid conference
. Respond to questions and assist the City in issuing addendum during the Ibid
process (if needed) i
. Review bids, prepare summary spread sheet and make recommendation tegarding
~ri .
3.0 PERMITTING
It is anticipated that site plan approval as well as building permits will be required for this
project. The Consultant will prepare a site plan approval package and submit package on
behalf ofthe City for review and approval. The Consultant will assist the successive
bidder in obtaining necessary building permits. Additionally, the following permits are
anticipated:
. SFWMD- Environmental Resources Permit
. Palm Beach County Health Department- Permits for potable and sanitary sewer.
. NPDES notification
Note: It is anticipated potable water will be used for irrigation and a SFWMD
consumptive use permit will not be needed.
4.0 CONSTRUCTION PHASE SERVICES
Once the project has been awarded the Consultant will attend one pre-construction
conference. This will complete the scope of Construction Phase Services.
Deliverables:
. Bid Documents- One set to City for distribution
. Permitting sets- 10 sets (signed and sealed)
. Construction sets- One set to City for distribution
. Addenda- As needed
. Pre-bid meeting record- 20 sets
4
5.0 SERVICES NOT INCLUDED
This authorization does not include the following task:
. Construction Phase Services other than those described here-in
. Design of any Traffic Signals
. Design of entry signage
6.0 INFORMATION PROVIDED BY THE CITY
In addition to providing site access assistance, the City shall provide the Consultant with
a current electronic version of the front end portion of the contract documents including
bond, insurance and other language. Also, an electronic version ofa current project
survey is required.
III. BUDGET
The Consultant will provide the basic services described in this scope of services for the
lumps sum amount of$ 197,085 as shown in the attached staff hour estimate. This fee
includes $ 189,400 of labor and $ 7,685.00 of expenses. The lump sum amount does not
include any allowance for Additional Services. The fee break down is as follows:
Total
$74,785
$17,500
$6l,800
$40,000
$3.000
$197,085
Prime Consultant- Kimley-Hom and Associates-
Landscape Architecture and Irrigation-
Building Architect- Walters-Zackria
Site Electrical/Sports Field Lighting-
Geotechnical Consultant- Tierra
5
IV. COMPLETION DATE
The Consultant may not commence work on any service authorization approved by the
City to be included as part of the contract without a further Notice to Proceed.
THE REST OF THIS PAGE IS INTENTIONALLY LEFT BLANK
6
Approved by:
CITY OF DELRA Y BEACH:
Date:
Mayor
Attest:
Approved as to Legal
Sufficiency and Form
KIMLEY-HORN AND ASSOCIATES, INC:
Date:
By:
(Seal)
Witness
Witness
Attest:
BEFORE ME, the foregoing instrument
This _ day of of2006
was acknowledged by
On behalf of the Corporation and said
Person executed the same free and voluntarily
For the person there-in expressed.
Witness my hand and seal in the County and
State aforesaid this day of
2004.
Notary Public
State of Florida
My Commission Expires:
7
AGENDA ITEM NUMBER:
?f.r
AGENDA REQUEST
Date: October 12, 2006
Request to be placed on:
x
Regular Agenda
Special Agenda
Workshop Agenda
When:
October 7, 2006
Description of agenda item:
Staff requests Commission approval of Service Authorization 1.3 to Kimley-Horn and Associates, Inc., in
the amount of $197,085 for preparation of site plans and construction documents for permitting and
construction of the proposed improvements to the City's Soccer Complex at the old Atlantic High School
site. This fee represents approximately 8.9% of the current construction budget of $2,217,000. Funding is
available in Parks & Recreation Bond Fund account #380-4150-572-63.49, Soccer Complex.
ORDINANCE/RESOLUTION REQUIRED:
Draft of Resolution Attached:
YES
YES
NO
NO
x
X
Recommendation: Stafrecommends aWn. ~~ ~
Deportment Head Signa1ure: ~ ~
Determination of Consistency with Comprehensive Plan:
I (J - {1. - c:Jo
City Attorney Review/Recommendation (if applicable):
Budget Director Review
(required on all items involving expenditure offunds):
Funding available:
Yes
>(
No
Funding alternatives (if applicable):
Account Balance:
~~o{) 4/5tJS1J @.? //9
Sottce/r CfYy/t~
fr7fJ,{' ffOf' iW1ds afJa11allle MDfld!t3)i/ $114 4t'2.
~
Account Number:
Account Description:
City Manager Review:
Approved for Agenda:
6P
~
No
Hold Until:
Agenda Coordinator Review:
Received:
Action:
Approved:
Disapproved:
P.O. #
AGENDA ITEM NUMBER:
SERVICE AUTHORIZATION NO. 1.3 TO THE AGREEMENT TO FURNISH
PROFESSIONAL SERVICES DATED _, BETWEEN THE CITY OF
DELRA Y BEACH, FLORIDA AND KIMLEY -HORN AND ASSOCIATES, INC.
This SERVICE AUTHORIZATION shall modify the professional services agreement
(AGREEMENT) BETWEEN THE City of Delray Beach (CITY) and Kimley-Horn and
Associates (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.
1. PROJECT DESCRIPTION
The City ofDelray Beach (City) passed a $24 million Parks Bond Program to fmance
improvements to the City's parks, library and Old School Square. Kimley-Horn and
Associates (KHA) was issued a work authorization dated May 24, 2006 to provide site
planning and public involvement services for the Atlantic High School Soccer Complex.
That task has been completed with the City Commission approving the site plan at the
commission meeting of September 5, 2006.
This service authorization will be for the Consultant to prepare construction documents
suitable for public bidding, assist in obtaining construction permits and assist in the bid
and award process. Construction phase services will be limited to attending the initial
pre-construction conference. From that point forward, the City will handle construction
phase services.
The site plan as approved by the City Council includes an estimated $2,2l7,000 in
improvements consisting of a large open play area suitable for multiple soccer fields, a
concession/restroom complex, hardscape features (benches water fountains, trash cans,
bleachers, walkways, etc) landscaping and irrigation, sports lighting, parking/walkway
lighting, and public utilities.
~g~ ~ON -~ ~.-r: ~ \\)\Yl\~
2. SCOPE OF SERVICES
This work authorization includes the preparation of construction documents, assistance in
obtaining construction permits and assistance in the bid and award process.
1.0 PREPARATION OF CONSTRUCTION DOCUMENTS
Utilizing the schematic site plan approved by the city commission, the Consultant will
develop a construction plans and specifications package suitable for public bid. The
package will include items identified in the Preliminary Opinion of Probable
Construction Cost prepared by the Consultant and dated July 27,2006. These
improvements include the general site clearing and grading, pedestrian paths, sports field
construction, sports lighting, landscaping and irrigation and hardscape features.
In addition, the City would like to construct a free standing restroom! concession stand
for the park. This building will be 3,000 to 4,000 sq .ft. in size and will include the
following:
. Men's and Women's restrooms
. Concession stand
. Main electrical service room
. Storage space
. Maintenance area
. 2nd floor for coach's meetings and office space.
The construction plans package should generally include the following information:
. Site Plan
. Geometric Control Planes)
. Demolition Planes)
. Paving and Grading Plan(s)
. Pavement Marking Plan and Details
. Paving and Grading Details
. Water and Sewer Plan(s)
. Water and Sewer Detail(s)
. Site Furniture and Fencing Details
. Landscaping Plan
. Landscaping Notes and Details
. Irrigation Plan
. Irrigation Notes and Details
. Site Lighting and Sports Field Lighting Plans
2
. Site Lighting and Sports Field Lighting Details
. Architectural Building Plans
. Building Structural Plans
. Plumbing Plan and Isometrics
. Plumbing Details and Schedules
. Mechanical Plan
. Building Electrical Plan
. Building Lighting Plan
. Electrical Notes Details and Schedules
The Consultant will submit documents for review to the City at the following stages:
. 60% plans and specification outline
. 90% plans and specifications
. 100% (Final) plans and specifications
The Consultant will provide an Engineer's Opinion of Probable Cost with the 90% and
lOO% (Final) submittal packages. The consultant will meet once with City staff after each
submittal to review and discuss City comments.
The drawings will be developed in a 24" x 36" format and also printed in 11" x l7"
format. Final (lOO%) drawings and documents shall also be submitted in electronic
format (pdffiles).
The Consultant will use City front end documents to cover the advertising and
contractual procedures.
Survey information provided by Heller-Weaver and Sheremeta will be utilized for the
design. An electronic copy ofthe survey has been requested and will be needed in order
to begin the preparation of the construction documents.
Deliverables:
. 60% Submittal:
o lO sets of II " x l7" Construction Drawings
o lO copies of Outline Specifications
. 90% Submittal:
o 10 sets of ll" x 17" Construction Drawings
o 10 sets of Technical Specifications
o One copy of Engineer's Opinion of Probable Construction Cost
. Final (100%) Submittal:
o lO sets of 24" x 36" Construction Drawings
o lO sets of Technical Specifications
o Final copy of Engineer' s Opinion of Probable Construction Cost
o CD with PDF electronic files of final plans and specifications
3
2.0 BID AND AWARD SUPPORT SERVICES
The Consultant will assist the City in the bidding process including:
. Attendance at the pre-bid conference
. Respond to questions and assist the City in issuing addendum during the bid
process (if needed)
. Review bids, prepare summary spread sheet and make recommendation regarding
award.
3.0 PERMITTING
It is anticipated that site plan approval as well as building permits will be required for this
project. The Consultant will prepare a site plan approval package and submit package on
behalf ofthe City for review and approval. The Consultant will assist the successive
bidder in obtaining necessary building permits.
Additionally, construction permits are anticipated and include the following. KHA will
prepare the permit applications and supporting data and respond to request for additional
information by the permitting agencies.
. SFWMD- Environmental Resources Permit
. Palm Beach County Health Department- Permits for potable and sanitary sewer.
. NPDES notification
Note: It is anticipated potable water will be used for irrigation and a SFWMD
consumptive use permit will not be needed.
4.0 CONSTRUCTION PHASE SERVICES
Once the project has been awarded the Consultant will attend one pre-construction
conference. This will complete the scope of Construction Phase Services.
Deliverables:
. Bid Documents- One set to City for distribution
. Permitting sets- 10 sets (signed and sealed)
. Construction sets- One set to City for distribution
. Addenda- As needed
. Pre-bid meeting record- 20 sets
4
5.0 SERVICES NOT INCLUDED
This authorization does not include the following task:
. Construction Phase Services other than those described here- in
. Design of any Traffic Signals
. Design of entry signage
6.0 INFORMATION PROVIDED BY THE CITY
In addition to providing site access assistance, the City shall provide the Consultant with
a current electronic version of the front end portion of the contract documents including
bond, insurance and other language. Also, an electronic version of a current project
survey is required.
III. BUDGET
The Consultant will provide the basic services described in this scope of services for the
lumps sum amount of$ 197,085. This fee includes $ l89,400 of labor and $ 7,685.00 of
expenses. The lump sum amount does not include any allowance for Additional Services.
The fee break down is as follows:
Total
$74,785
$17,500
$6l,800
$40,000
$3.000
$l97,085
Prime Consultant- Kimley-Hom and Associates-
Landscape Architecture and Irrigation-
Building Architect- Walters-Zackria
Site Electrical/Sports Field Lighting-
Geotechnical Consultant- Tierra
5
IV. COMPLETION DATE
The CONSULTANT will initiate work once the Service Authorization is approved by the
City Commission. No separate Notice to Proceed will be issued by the City.
Preparation of construction documents will be initiated immediately after Commission
Approval. The CONSULTANT will prepare a design schedule and submit to the City for
review within lO working days of Commission Approval. The Project is estimated for
completion by the end of2007.
THE REST OF THIS PAGE IS INTENTIONALLY LEFT BLANK
6
Approved by:
CITY OF DELRA Y BEACH:
Date:
Mayor
Attest:
Approved as to Legal
Sufficiency and Form
KIMLEY-HORN AND ASSOCIATES, INC:
Date:
By:
(Seal)
Witness
Witness
Attest:
BEFORE ME, the foregoing instrument
This _ day of of2006
was acknowledged by
On behalf of the Corporation and said
Person executed the same free and voluntarily
For the person there-in expressed.
Witness my hand and seal in the County and
State aforesaid this day of
2004.
Notary Public
State of Florida
My Commission Expires:
7
MEMORANDUM
FROM:
MAYOR AND CI1Y COMMISSIONERS
CI1Y MANAGER M
-
AGENDA ITEM # <6. J - REGULAR MEETING OF OCTOBER 17.2006
INTERLOCAL AGREEMENT/PALM BEACH COUNTY/PEDESTRIAN
COUNTDOWN SIGNALS
TO:
SUBJECT:
DATE:
OCTOBER 13, 2006
This is before the City Commission to approve an Interlocal Agreement between the City and Palm
Beach County for the design and installation of pedestrian countdown signals at the intersections of
northbound US 1 (Federal Highway) at East Atlantic Avenue and southbound US 1 (Federal
Highway) at East Atlantic Avenue.
Funding is available from 334-3162-541-64.57 (General Construction Fund/Pedestrian Countdown
Signals).
Recommend approval of the Interlocal Agreement between the City and Palm Beach County for the
design and installation of pedestrian countdown signals at the intersections of northbound US 1
(Federal Highway) at East Atlantic Avenue and southbound US 1 (Federal Highway) at East Atlantic
Avenue.
S: \ City Clerk\AGENDA COVER MEMOS\City Manager Memos \citymanage~smemo Interlocal PBC Agreement Pedestrian Signals 10.17.06.doc
City Of Delray Beach
Department of Environmental Services
MEMORAND
U M
DATE:
David T. Harden 1 / ;J
Randal L. KreJcarek, P.E. R~
09 Oct 2006
TO:
FROM:
SUBJECT:
E Atlantic Ave Pedestrian Countdown Signals
Commission Agenda Item
Project # 2006-060
The attached agenda item is for Commission authorization/approval for Mayor to execute Inter-
local Agreement with Palm Beach County for the design and installation of pedestrian
countdown signal at the intersections of northbound US 1 at E Atlantic Ave and southbound US
1 at E Atlantic Ave. These signalized intersections are maintained by Palm Beach County.
This agreement states that the City will be responsible for actual costs associated with the
installation of the pedestrian countdown signals. The current estimated cost is $8,000.00.
Funding is available from 334-3162-541.64-57, Pedestrian Countdown Signals.
The attached map shows the project location.
Please place this item on the 17 Oct 2006 Commission Agenda.
Thanks!
enc
cc: Richard Hasko, P,E., Director of Environmental Services
Joseph Safford, Finance Director
file
S:IEngAdminIProjectsI200612006-06010FFICIAL \2006-1 0-17 agenda memo. doc
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AGREEMENT BETWEEN PALM BEACH COUNTY
AND
THE CITY OF DELRA Y BEACH
FOR
JOINT PROJECT PARTICIPATION
OF THE
PEDESTRIAN COUNTDOWN SIGNALS AT THE INTERSECTIONS OF
E. ATLANTIC AVENUE & NORTHBOUND AND SOUTHBOUND US 1 HIGHWAY
THIS AGREEMENT, hereinafter referred to as the AGREEMENT, made and entered into this
_ day of ' ,2006, by and between PALM BEACH COUNTY, a political
subdivision of the State of Florida, by and through its Board of County Commissioners, hereiliafter
referred to as the "COUNTY", and the CITY OF DELRAY BEACH, hereiliafter referred to as
"CITY" ,
WTINESSETH:
WHEREAS, the COUNTY and the CITY are authorized to enter into this AGREEMENT pursuant
to Section 163.01, Florida Statutes, as amended, which permits local governmental units to make the
most efficient use of their powers by enablilig them to cooperate with other localities on a basis of
mutual advantage; and
WHEREAS, the CITY wishes to have pedestrian countdown signals be installed at the intersection
ofE. Atlantic Avenue and Northbound and Southbound US 1 Highway, hereiliafter referred to as
PROJECT; and
WHEREAS, E. Atlantic Avenue east of southbound US I Highway, and both southbound and
northbound US 1 Highways are State-mailitainedhighways within the City's limits; and
WHEREAS, E. Atlantic Avenue, west of southbound US I Highway is maintained by the CITY; and
WHEREAS, the COUNTY is the maintaining agency of the existing traffic signals at these two
intersections;
NOW, THEREFORE, for and in consideration of the mutual covenants contained herein, the receipt
and sufficiency of which is hereby acknowledged, the COUNTY and the CITY do hereby agree as
follows:
I. The recitals set forth above are hereby adopted and incorporated herein by this
reference.
2, The COUNTY agrees to:
A. Design and obtain all required permits for the PROJECT.
B. Construct the PROJECT.
C. Assume maintenance responsibility upon completion of the PROJECT.
3. The CITY agrees to reimburse the COUNTY for the full cost of the PROJECT,
ilicluding costs in excess of the estimate shown below and agrees to not unduly
withhold any CITY permits that may be necessary, Filial determination of costs will
be developed based on the accrued cost of the PROJECT, ilicluding, but not limited
to design, permit fees, inspection, and construction. Present estimated CITY cost is
approximately $8,000.
4. All provisions of this Agreement calling for the expenditure of ad valorem tax money
by either the COUNTY or the CITY are subject to annual budgetary funding and
should either Party involuntarily fail to fund any of their respective obligations
pursuant to the AGREEMENT, this Agreement maybe terminated. However, once
the design work of the PROJECT has commenced, it shall be prosecuted to
completion and this AGREEMENT shall be binding upon the parties and neither
party shall have the right to terminate the subject AGREEMENT for the reason that
sufficient funds are not available for the construction of the PROJECT.
5. Final PROJECT cost shall be determined based on actual cost. Costs shall be
adjusted by the Pam Beach County Engineering and Public Works Department. The
CITY shall provide payment of the full cost of the PROJECT within 30 days of
receipt of an official notice from the COUNTY.
6. The CITY shall indemnify, defend, and hold harmless the COUNTY against any
actions, claims, or damages arising out of the CITY'S negligence in connection with
this AGREEMENT to the extent permitted by law. The foregoing indenmiiication
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 to indemnify the COUNTY for the COUNTY'S negligent acts or
omissions.
7. The COUNTY shall indemnify, defend, and hold harmless the CITY against any
actions, claims, or damages arising out of COUNTY'S negligence in connection with
this AGREEMENT to the extent permitted by law. 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 to indemnify the CITY for the CITY'S negligent acts or omissions.
8. MISCELLANEOUS PROVISIONS:
Notices. All notices, requests, consents and other communications required or
permitted under this AGREEMENT shall be in writing and shall be hand delivered
by prepaid express overnight courier or messenger service, or mailed by registered or
certified mail to the following addresses:
As to COUNTY:
Palm Beach County Engineering Department
Attention: Dan Weisberg, P. E., Director
Traffic Division
PO Box 21229
West Palm Beach, FL 33416
Phone: 561-684-4030
Fax: 561-478-5770
As to CITY:
City of Delray Beach
Attention: Randal L. Krejcarek, P. E.
City Engineer
434 South Swinton Avenue
Dekay Beach, FL 33444
Phone: 561-243-7336
Fax: 561- 243-7060
If either party changes its mailing address or designated recipient for notices,
such change shall be communicated in writing to the other party within thirty
(30) days of the change.
2
9. This AGREEMENT shall be construed by and governed by the laws of the State of
Florida. Venue for any and all legal actions necessary to enforce the AGREEMENT
shall be held in Palm Beach County, Florida.
10. No remedy herein conferred upon any party is intended to be exclusive of any other
remedy given hereunder or now or hereafter existing at law or in equity or 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.
11. This AGREEMENT constitutes the entire contract between the parties hereto and
supersedes all prior understandings if any. There are no other oral or written
promises, conditions, representations, understanding or terms of any kind as
conditions of inducement to the execution hereof and Iione have been relied upon by
either party. Any subsequent conditions, representations, warranties or agreement
shall not be valid and binding upon the parties unless they are in writing and signed
by both parties and executed in the same manner as this AGREEMENT.
12. In the event any terms or provisions of this AGREEMENT shall be held invalid, such
invalid terms or provisions shall not affect the validity of any other term or provision
hereof and all such other terms and provisions hereof shall be enforceable to the
fullest extent permitted by law as if such invalid terms or provisions had never been a
part of this AGREEMENT.
13. The COUNlY shall maintain adequate records to justify all charges, expenses, and
costs incurred in performing the work for as least three (3) years after completion of
the PROJECT. The CITY shall have access to all books, records and documents as
required in this section for the purpose of inspection or audit during normal business
hours.
14. The parties hereto expressly covenant and agree that in the event either party is in
default of its obligations herein, the party not in default shall provide to the party in
default, thirty (30) days written notice to cure said default before exercising any of its
rights as provided for in this AGREEMENT.
15. Any costs or expenses (including reasonable attorney's fees) associated with the
enforcement of the terms and/or conditions of this AGREEMENT shall be borne by
the respective parties, provided, however, that this clause pertains only to the parties
to this AGREEMENT.
16. This AGREEMENT shall become effective upon its execution by the COUNlY and
the CITY.
17. This AGREEMENT may be terminated, in writing, by either party if the design work
of the PROJECT has not commenced within twelve (12) months of the execution of
this AGREEMENT by the respective parties subject to Paragraph 4.
THIS SPACE LEFT BLANK INTENTIONALLY
3
IN WITNESS WHEREOF, the County of Palm Beach, Florida. has caused this
AGREEMENT to be signed by the Chairman of the Board of County Commissioners and the
seal of said Board to be affixed hereto and attested by the Clerk of this Board, pursuant to
authority granted by said Board, and the City ofDeIray Beach has caused this AGREEMENT
to be signed in its name by its MAYOR and its seal to be affixed hereto, attested by its
CLERK, the date and year first above written.
CITY OF DELRA Y BEACH
PALM BEACH COUNTY
ITS' BOARD OF COUNTY
COMMISSIONERS
By:
Mayor
By:
Chair
ATTEST:
ATTEST:
SHARON R.BOCK, CLERK &
COMPTROLLER
By:
Clerk
By:
Deputy Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
By:
CITY Attorney
COUNTY Attorney
APPROVED AS TO TERMS
AND CONDmONS
By:
ENGINEERING
F:\TRAfFlC\MAA\AGREEMENTS\lPADelrayBeach.doc
4
AGREEMENT BETWEEN PALM BEACH COUNTY
AND
THE CITY OF DELRA Y BEACH
FOR
JOINT PROJECT PARTICIPATION
OF THE
PEDESTRIAN COUNTDOWN SIGNALS AT THE INTERSECTIONS OF
E. ATLANTIC AVENUE & NORTHBOUND AND SOUTHBOUND US 1 HIGHWAY
THIS AGREEMENT, hereinafter referred to as the AGREEMENT, made and entered into this
_ day of , 2006, by and between PALM BEACH COUNTY, a political
subdivision of the State of Florida, by and through its Board of County Commissioners, hereinafter
referred to as the "COUNTY", and the CITY OF DELRA Y BEACH, hereinafter referred to as
"CITY",
WITNESSETH:
WHEREAS, the COUNTY and the CITY are authorized to enter into this AGREEMENT pursuant
to Section l63.01, Florida Statutes, as amended, which permits local governmental units to make the
most efficient use of their powers by enabling them to cooperate with other localities on a basis of
mutual advantage; and
WHEREAS, the CITY wishes to have pedestrian countdown signals be installed at the intersection
ofE. Atlantic Avenue and Northbound and Southbound US 1 Highway, hereinafter referred to as
PROJECT; and
WHEREAS, E. Atlantic Avenue east of southbound US 1 Highway, and both southbound and
northbound US 1 Highways are State-maintained highways within the City's limits; and
WHEREAS, E. Atlantic A venue, west of southbound US 1 Highway is maintained by the CITY; and
WHEREAS, the COUNTY is the maintaining agency of the existing traffic signals at these two
intersections;
4. All provisions ofthis Agreement calling for the expenditure of ad valorem tax money
by either the COUNTY or the CITY are subject to annual budgetary funding and
should either Party involuntarily fail to fund any of their respective obligations
pursuant to the AGREEMENT, this Agreement may be terminated. However, once
the design work of the PROJECT has commenced, it shall be prosecuted to
completion and this AGREEMENT shall be binding upon the parties and neither
party shall have the right to terminate the subject AGREEMENT for the reason that
sufficient funds are not available for the construction of the PROJECT.
5. Final PROJECT cost shall be determined based on actual cost. Costs shall be
adjusted by the Palm Beach County Engineering and Public Works Department. The
CITY shall provide payment of the full cost of the PROJECT within 30 days of
receipt of an official notice from the COUNTY.
6. The CITY shall indemnify, defend, and hold harmless the COUNTY against any
actions, claims, or damages arising out of the CITY'S negligence in connection with
this AGREEMENT to the extent permitted by law. 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 to indemnify the COUNTY for the COUNTY'S negligent acts or
ormSSlOns.
7. The COUNTY shall indemnify, defend, and hold harmless the CITY against any
actions, claims, or damages arising out of COUNTY'S negligence in connection with
this AGREEMENT to the extent permitted by law. 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 to indemnify the CITY for the CITY'S negligent acts or omissions.
8. MISCELLANEOUS PROVISIONS:
Notices. All notices, requests, consents and other communications required or
permitted under this AGREEMENT shall be in writing and shall be hand delivered
by prepaid express overnight courier or messenger service, or mailed by registered or
9. This AGREEMENT shall be construed by and governed by the laws of the State of
Florida. Venue for any and all legal actions necessary to enforce the AGREEMENT
shall be held in Palm Beach County, Florida.
10. No remedy herein conferred upon any party is intended to be exclusive of any other
remedy given hereunder or now or hereafter existing at law or in equity or by statute
or otherwise. No single or partial exercise by any party of any right, power, orremedy
hereunder shall preclude any other or further exercise thereof.
11. This AGREEMENT constitutes the entire contract between the parties hereto and
supersedes all prior understandings if any. There are no other oral or written
promises, conditions, representations, understanding or terms of any kind as
conditions of inducement to the execution hereof and none have been relied upon by
either party. Any subsequent conditions, representations, warranties or agreement
shall not be valid and binding upon the parties unless they are in writing and signed
by both parties and executed in the same manner as this AGREEMENT.
12. In the event any terms or provisions of this AGREEMENT shall be held invalid, such
invalid terms or provisions shall not affect the validity of any other term or provision
hereof and all such other terms and provisions hereof shall be enforceable to the
fullest extent permitted by law as if such invalid terms or provisions had never been a
part of this AGREEMENT.
13. The COUNTY shall maintain adequate records to justify all charges, expenses, and
costs incurred in performing the work for as least three (3) years after completion of
the PROJECT. The CITY shall have access to all books, records and documents as
required in this section for the purpose of inspection or audit during normal business
hours.
14. The parties hereto expressly covenant and agree that in the event either party is ~n
default of its obligations herein, the party not in default shall provide to the party in
default, thirty (30) days written notice to cure said default before exercising any of its
rights as provided for in this AGREEMENT.
IN WITNESS WHEREOF, the County of Palm Beach, Florida, has caused this
AGREEMENT to be signed by the Chairman ofthe Board of County Commissioners and the
seal of said Board to be affixed hereto and attested by the Clerk of this Board, pursuant to
authority granted by said Board, and the City ofDelray Beach has caused this AGREEMENT
to be signed in its name by its MAYOR and its seal to be affixed hereto, attested by its
CLERK, the date and year fIrst above written.
CITY OF DELRA Y BEACH
PALM BEACH COUNTY
ITS' BOARD OF COUNTY
COMMISSIONERS
By:
Mayor
By:
Chair
ATTEST:
ATTEST:
SHARON R.BOCK, CLERK &
COMPTROLLER
By:
Clerk
By:
Deputy Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
09 Oct 2006
AGENDA ITEM NUMBER:
~.J
Date:
(9.........................'..::.'...........................................
Aifil:,:' .":'.
. .~~~
AGENDA REQUEST
Request to be placed on:
~Consent Agenda _Regular Agenda _Workshop Agenda _Special Agenda
When: 17 Oct 2006
Description of Agenda Item (who, what, where, how much):
Requesting Commission authorization/approval for Mayor to execute Inter-local Agreement
with Palm Beach County for the design and installation of pedestrian countdown signal at the
intersections of northbound US 1 at E Atlantic Ave and southbound US 1 at E Atlantic Ave,
These signalized intersections are maintained by Palm Beach County. The current estimated
cost is $8,000.00.
Staff Recommendation: A~ ~
Department Head Signature: ~ .
I () - 'I-of"
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: e No Initials: (tt YES
Account Number 334-3162-541-64.57
Description Pedestrian Countdown Signals
Account Balance: $52,000.00
Funding Alternatives:
(if applicable)
City Manager Review:
Approved for Agenda: 81 No
Hold U util:
Initials: ~
Agenda Coordinator Review:
Received:
s: \EngAdmin\Projects \2006\2006-060\OFFICIAL \2006-10-17 agenda.doc
6);
~
MYDELRA YBEACH COM
City of Delray Beach
Administrative Services Memorandum
SUBJECT:
David T. Harden, City Manager
~bert A, Barcinski, Assistant City Manager
Agenda Item City Commission Meeting October 17, 2006 Proposal "Project
Holiday - You Are Not Alone"
TO:
FROM:
DATE:
October 11,2006
AcnON:
City Commission is requested to discuss and provide staff direction on "Project Holiday" which is being proposed by
the You Are Not Alone organization in affiliation with Forgotten Soldiers Outreach, Inc.
BACKGROUND:
This is a holiday project which would include a letter writing project by our school children along with a collection
of items needed by our Armed Forces overseas targeting in particular Palm Beach County service people serving in
combat areas. Letters and items collected would be packaged and sent by Forgotten Soldiers Outreach, Inc. This
would be a citywide project which would include our employees. Support needed from the City includes:
~ Assistance in preparing and getting out PSA's on the program
~ Help with promoting and organizing the program
~ Lead role in getting letter writing packets to the schools and in getting these back with the assistance of
Janet Meeks
~ Authorizing City facilities to be used as collection sites for items donated
~ Assist in providing volunteers to help do the packing of items to be sent
~ Provide a dedicated phone line with message that citizens who want to volunteer can call and sign up
~ Contribute approximately $5,000 for shipping costs
Support to be provided by You Are Not Alone and Forgotten Soldiers, Inc. includes:
~ Assistance in promoting the project
~ Pick up and transport of items collected to the Forgotten Soldiers warehouse
~ Provide supervision of packing process
~ Identify service persons to whom items will be sent
~ Identify items that are needed
~ Make follow up calls to volunteers
~ Ship items and letters
The proposed time schedule for this project is as follows:
~ Week of October 16th
Kick off program
~ November 10th
Deadline for receipt ofletters and items needed
~ November 17th (6:00 p.m. - 8:00 p.m.) and November 19th (2:00 p.m. - 4:00 p.m.)
Pack all items at Forgotten Soldiers Outreach warehouse
~ December 4th
Deadline to ship
At your workshop held on October lOth it was the consensus of Commission to support this project as requested and
to provide funding up to $5,000 with an emphasis on sending the packages to armed service personnel whose
families live in Delray Beach.
?5~1\
RECOMMENDATION:
Staff recommends approval of staff support as requested for this project and funding up to $5,000 from the
Charitable and Miscellaneous Grant Contingency fund account number 001-6311-562-99.99,
RAB/tas
File:u:sweeney / agenda
Doc: Agenda Item You Are Not Alone for Approval
CIIII'}
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9770 S. Military Trail, Suite B7-249
Boynton Beach, Florida 33436
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tM
MEMORANDUM
TO: David Harden, City Manager
FROM: Elizabeth B. AIPert@
THRU: Lula Butler, Community Improvement Director li!J
DATE: October 11,2006
SUBJECT: Technical revision to the City's Hurricane Housing Recovery (HHR) Housing
Assistance Plan (HHAP)
ITEM BEFORE THE COMMISSION
City Commission authorization and approval of a technical revision to the City's Hurricane Housing
Recovery (HHR) Program, Hurricane Housing Assistance Plan (HHAP), for Fiscal Years 2005-2008.
BACKGROUND
The Hurricane Housing Recovery Program was created for the purpose of providing funds to assist
those areas of the state with the greatest housing damage from the hurricane. The Florida Legislature
appropriated one-time hurricane housing recovery funds which are available through the HHR program
and administered by the Florida Housing Finance Corporation (FHFC).Staffhas collaborated with the
Community Redevelopment Agency and the Delray Beach Housing Authority to develop strategies and
to leverage dollars and resources to identify projects that will best serve the housing needs ofthe very
low-, low- and moderate-income households in the City of Delray Beach.
The Rental Housing Development strategy (strategy "E") is designed to provide financial assistance to
eligible sponsor organizations with a 0% interest, deferred payment loan for the production of
affordable rental housing in the City's established CDBG target area for very low- and low-income
persons and households. Funds may be used for acquisition, construction, rehabilitation, and
professional fees, including, but not limited to: engineering fees, architectural fees, and surveying fees.
Funds may not be used to pay rental subsidies. The original HHAP specifically geared this strategy
toward seniors. This request is for a technical revision to the Plan to widen the scope of citizens who
may benefit from the strategy by eliminating the senior requirement.
RECOMMENDATION
Staff recommends approval of the technical revision to the Hurricane Housing Assistance Plan for
Fiscal Years 2005/2006, 2006/2007 and 2007/2008.
* Attachment: HHAP, technical revisions are to "Strategy E" which can be found on pages 12 & 13
-2-
<D. L
CITY OF DELRAY BEACH
HURRICANE HOUSING RECOVERY (HHR)
HOUSING ASSISTANCE PLAN
Fiscal Years Covered
2005/2006, 2006/2007 and 2007/2008
-3-
I. PROGRAM DESCRIPTION
A. Name of County: Palm Beach County
Base Allocation Request: $1,000,000
Extremely Low Income Request:
Community Planning Request:
Name of participating local govemment(s) or other agencies in the Community
Planning Strategy
Note: The City is requesting that the 65% homeownership requirement be waived under this Plan to
allow for 50% of the total allocation to be spent on the Senior Rental Development Strategy.
The City is in dire need of affordable rental units due to the impending demolition of Carver
Estates, the only public housing complex in the City of Delray Beach, In addition, the condo
conversion boom has resulted in more affordable rental units being taken out of the
marketplace than being built.
II. HHRP HOUSING STRATEGIES
NOTE: Stratel!ies which are alreadv beim! used under the SHIP prOl!ram as well as new stratel!ies should be listed
in this section.
Provide Description:
A. Name of the Strategy: Purchase Assistance
a. Summary of the Strate~: This strategy assists eligible first-time homebuyers
with a 0% interest, deferred payment loan to be applied towards down payment,
rehabilitation costs (if applicable), closing costs and principal reductions for the
construction of new and/or purchase of existing single family homes,
townhouses and villas. New Construction properties must be constructed by
approved contractors/developers participating in the City of De1ray Beach
Housing Renaissance Partnership
b. Fiscal Years Covered: State fiscal years 2005/2006, 200612007 and 2007/2008.
c. Income Categories to be served: Very-low, low-, and moderate-income
-4-
households as defined by the U. S. Department of Housing and Urban
Development (HUD) and adopted by the State of Florida and distributed by the
Florida Housing Finance Corporation for use in the SHIP Program.
d. Maximum award as noted on the Hurricane Housing Goals Chart: The
maximum award level varies by income category as shown below:
Income Number of Persons in Household
Category 1 2 3 4 or more
o - 50%
(Very Low) 44,500 48,000 51,500 55,000
51 - 65%
(Low) 41,500 44,500 47,500 51,000
65% - 80%
(Low) 38,500 41,000 43,500 46,000
81% -100%
(Moderate) 34,500 36,500 38,500 41,000
The maximum award is limited to $55,000; however, the maximum is not
automatically provided on an individual basis; rather, the amount of subsidy
awarded will be the minimum amount necessary to enable the buyer to purchase
the property at a monthly payment affordable to him or her.
e. Terms, Recapture and Default: Assistance will be provided to eligible
households in the form of a fifteen (15) year, 0% interest, forgivable deferred
loan for amounts greater than $5,000 but less than $30,000. For amounts equal
to or greater than $30,000, assistance will be provided in the form of a thirty
(30) year, 0% interest, forgivable deferred loan. Assistance under $5,000 will
be awarded as a grant and will not be subject under the program's recapture
prOVISIOns. All loan awards will be secured with a second mortgage /
promissory note and will be forgiven on a pro-rated basis specific to the duration
of the note. Repayment of the full loan award will be immediately due to the
City in the event any "qualifying event(s)" occur prior to the expiration ofthe
-5-
note. Qualifying event(s) are considered to be:
. sale of unit or transfer of title
. the assisted homeowner fails to continuously occupy the home
. the unit is rented
. unit is refinanced without prior authorization of the City
Such repaid funds will be utilized in accordance with the approved Local
Housing Assistance Plan in effect at the time the funds are recaptured. If no
"qualifying event( s)" occur prior to the expiration of the note, the loan is totally
forgiven. In the event the homeowner wishes to refinance his or her first
mortgage or take out an equity loan to make repairs or improvements, the City
has created an administrative policy pertaining to subordination requests.
f. Recipient Selection Criteria: In addition to being income eligible as described
above, applicants must meet the following selection criteria:
. Must be first-time homebuyer(s), which is defined as one of the
following:
. someone who has not owned a home during the past three years
. a single parent who has been divorced and displaced within the 12
months prior to time of application, and whose household includes
children under the age of 18
. a displaced victim of domestic abuse
. a person displaced as a result of a government action (other than
eviction from public housing; and those who have special needs
according to Chapter 67-37.002(13)
. must have a bank account
. applicant must have an accepted contract for a home and have applied
for a first mortgage with a lender
. the applicant must have attended and completed an approved home
buyer education course (i.e., at least four hours in length and conducted
in a classroom setting) approved by the Community Development
Division
-6-
g. Sponsor Selection Criteria, if applicable: Eligible sponsors must meet the
following selection criteria:
. designated 501(c)(3) non-profit organization under IRS guidelines;
. legally operating within the jurisdiction ofthe City of Delray Beach
and/or Palm Beach County;
. has demonstrated track record and production experience in the
construction and delivery of affordable housing:
. possess a partnership agreement with the City of Del ray Beach to
participate and further its goals in the delivery of affordable housing
to the City's very-low, low-, and moderate-income households;
. preference will be given to sponsors that employee personnel from
WAGES and Workforce Development Initiatives programs.
h. Additional Information: New units constructed must be located in the CDBG
designated target area. Existing homes must be located within the City's
municipal boundaries. Applicants owing money to other assisted housing
programs (such as Section 8 and public housing) are ineligible for SHIP
assistance until they make restitution.
B. Name of the Strategy: Owner-Occupied Housing Rehabilitation
a. Summary ofthe Strategy: This strategy provides 0% interest, deferred payment
loans to assist very-low, low-, and moderate-income households to rehabilitate
existing owner-occupied single family units. Rehabilitation of units will address
interior and exterior building/electrical/plumbing problems, health and safety
issues, as well as, retrofit of items for those with special needs, upgrade major
systems, and soft costs. It is assumed that no private lender monies will be
involved in these rehabilitation activities.
b. fiscal Years Covered: State fiscal years 200512006, 200612007 and 2007/2008
c. Income Categories to be served: Very-low, low-, and moderate-income
households as defined by the U. S. Department of Housing and Urban
Development (HUD) and adopted by the State offlorida and distributed by the
-7-
Florida Housing Finance Corporation for use in the SHIP Program.
d. Maximum award as noted on the Hurricane Housing Goals Chart: The
maximum award for this strategy is $35,000. However, the maximum is not
automatically provided on an individual basis; rather, the amount of subsidy
awarded will be the minimum amount necessary to make the necessary repairs
and bring the house up to the City's minimum code requirements.
e. Terms. Recapture and Default: Assistance greater than $5,000 but less than
$20,000 will be provided to eligible households in the form of a 0% interest,
deferred payment loan secured by a promissory note forgivable over ten (10)
years. Loan awards equal to or greater than $20,000 will be provided in the
form of a 0% interest, deferred payment loan secured by a promissory note
forgivable over fifteen (15) years. Assistance under $5,000 will be awarded as a
grant and will not be subject under the program's recapture provisions. Pro-
ration of loan award will occur at a rate specific to the duration of the note.
Repayment of the full loan award will be immediately due to the City in the
event any "qualifying event(s)" occur prior to expiration ofthe note. Qualifying
event(s) are considered to be:
. sale of unit or transfer of title (except for major healthcare expenses or
by inheritance)
. the assisted homeowner fails to continuously occupy the home
. the unit is rented
. unit is refinanced without prior authorization of the City
Such repaid funds will be utilized in accordance with the approved Local
Housing Assistance Plan in effect at the time the funds are recaptured. If no
"qualifying event(s)" occur prior to the expiration ofthe note, the loan is totally
forgiven. In the event the homeowner wishes to refinance his or her first
mortgage or take out an equity loan to make repairs or improvements, the City
has created an administrative policy pertaining to subordination requests.
f. Recipient Selection Criteria: In addition to being income eligible as described
above, applicants must meet the following selection criteria:
-8-
. Applicant may not currently own or have assets exceeding $15,000
(monetary gifts and real estate are included in the asset calculation;
retirement accounts are not)
. Must be owner/occupant
. Mortgage payments and taxes must be current / paid up to date
. Must provide proof of current homeowners insurance
. Must have a bank account
g. Sponsor Selection Criteria. if applicable: N/ A. No sponsors are utilized for the
Owner-Occupied Rehabilitation program.
h. Additional Information: The home must be located in the City's municipal
boundaries; the appraised value ofthe home may not exceed the maximum sales
price allowed in the SHIP program for existing units; and the homeowner must
agree to maintain the home free of any code violations after rehabilitation work
is completed.
c. Name of the Strategy: Land Acquisition
a. Summary ofthe Strategy: This strategy will provide funds to acquire properties
for future development by non-profit, public agencies or for-profit developers.
Properties will be acquired through deed and tax sales, the foreclosure of
government liens and through private purchases. Properties will be donated
and/or sold, competitively to non-profit agencies that will use the Delray Beach
Renaissance Program for the development of the property. Properties sold
competitively to for-profit developers must be utilized for the development of
affordable housing. Construction, rehabilitation, or emergency repairs must be
completed either with-in one year immediately proceeding the date of
conveyance of title or within 24 months of the close of the applicable State
fiscal year.
If property is sold to a for-profit developer, applications will be accepted and
awarded competitively using criteria including, but not limited to the following:
. Financial strength of the agency
-9-
. Ability of developer to complete the development by the deadlines
established by the State
. Capacity of the developer
. Features of the proposed house(s)
. Marketing plan for the sale ofthe house(s)
. Whether or not the agency employs personnel from the WAGES or
Workforce Development Initiatives program
. Whether the proposed housing is compatible with the neighborhood in
terms of design and size
. Affordability of house( s) being built
b. Fiscal Years Covered: State fiscal years 2005/2006, 2006/2007 and 2007/2008.
c. Income Categories to be served: Very-low, low-, and moderate-income
households as defined by the U. S. Department of Housing and Urban
Development (RUD) and adopted by the State of Florida and distributed by the
Florida Housing Finance Corporation for use in the SHIP Program.
d. Maximum award as noted on the Hurricane Housing Goals Chart: The
maximum purchase price for a "buildable lot of record" as defined in the City's
Land Development Regulations will be $40,000. The maximum purchase price
for aggregate lots or large tracts of lands shall be determined by the appraised
value at time of purchase.
e. Terms. Recapture and Default: The loan for the value ofthe land will be at 0%
interest. The loan will be recaptured when the property is sold.
f. Recipient Selection Criteria: In addition to being income eligible as described
above, applicants must meet the same selection criteria for recipients under
Strategy A: Purchase Assistance.
g. Sponsor Selection Criteria. if applicable: Eligible sponsors must meet the
following selection criteria:
. designated 501(c)(3) non-profit organization under IRS guidelines;
. legally operating within the jurisdiction of the City of Delray Beach
-10 -
and/or Palm Beach County;
. has demonstrated track record and production expenences III the
construction and delivery of affordable housing;
. preference will be given to sponsors that employee personnel from
WAGES and Workforce Development Initiatives programs.
h. Additional Information:
D. Name of the Strategy: Disaster Relief
a. Summary of the Strategy: In the event of a natural disaster (as declared by
local, state, or federal government), SHIP funds will be used to leverage
available federal and state funds to provide assistance to income eligible
households for the purpose of repairing eligible housing. Generally, such needs
may include: payment of insurance deductibles for rehabilitation of homes
covered under homeowners insurance policies, purchase of emergency supplies
for eligible households to weatherproof damaged homes, interim repairs to avoid
further damage, tree and debris removal required to make individual housing
units habitable, and post disaster assistance with non-insured repairs.
b. Fiscal Years Covered: State fiscal years 200512006, 2006/2007 and 200712008.
c. Income Categories to be served: Very-low, low-, and moderate-income
households as defined by the U. S. Department of Housing and Urban
Development (HUD) and adopted by the State of Florida and distributed by the
Florida Housing Finance Corporation for use in the SHIP Program.
d. Maximum award as noted on the Hurricane Housing Goals Chart: The
maximum award for this strategy is $8,000 per unit.
e. Terms, Recapture and Default: Assistance will be provided in the form of a
grant, so individual households will not be required to repay funds used for
disaster assistance. In the event that the City receives reimbursement from
federal or state sources, such repair funds will be utilized in accordance with the
approved Local Housing Assistance Plan in effect at the time the funds are
disbursed.
f. Recipient Selection Criteria: In addition to being income eligible as described
-11-
above, applicants will be served on a first-come, first-served basis, pending fund
availability. Residence must be located within the municipal boundaries of
Delray Beach.
g. Sponsor Selection Criteria, if applicable: N/ A
h. Additional Information: This strategy will be implemented only in the event of
a natural disaster declaration using any SHIP funds that have not been
encumbered.
E. Name of the Strategy: Senior Rental Housing Development Program
a. Summary of the Strategy: This strategy is designed to provide
financial assistance to eligible sponsor organizations with a 0% interest,
deferred payment loan for the production of affordable, sen ior, rental housing in
the City's established CDBG target area for very low- and low-income elderly
persons and households. SHIP -funds may be used for acquisition, construction,
rehabilitation, and professional fees, including, but not limited to: engineering
fees, architectural fees, and surveying fees. SHIP funds may not be used to pay
rental subsidies.
b. Fiscal Years Covered: State fiscal year 05/06 & 06/07
c. Income Categories to be served: Eligible sponsors will be contractually
required to make units available to persons certified to be very low- and low-
income. Sponsor(s) will be required (at a minimum) to allocate 30% of SHIP
funds for very-low income seniors households and an additional 30% of SHIP
funds to low-income :;eniors households and provide such certification as
required by program guidelines.
d. Maximum award as noted on the Hurricane Housing Goals Chart: The
maximum award provided under this strategy for senior housing will be limited
to Thirty eight Thoasand Five Hundred SeventySixtv Thousand Dollars
($38,570 $60,000) per unit.
e. Terms, Recapture and Default: All rental housing must be rented at
affordable rates (i.e. rents will not exceed those limits adjusted for number of
bedrooms published by HUD and distributed by the Florida Housing Finance
-12 -
Corporation) to qualified occupants for a period of 15 years. Assistance will be
provided as a deferred payment loans with zero (0%) interest subject to the
fifteen-year affordability period and will be forgiven at the expiration of that
term. If the property is transferred before the fifteen-year affordability period,
the sponsor agency must return the funds to the City for deposit in the Local
Housing Assistance Trust Funds, in accordance with SHIP program guidelines
established under 420.9075(5) Florida Statutes. All SHIP assisted rental
properties offered for sale prior to 15 years or the term of assistance, whichever
is longer, must be subject to a right of first refusal for purchase to another
eligible non-profit sponsor organization who would provide continued
occupancy by eligible persons. An annual report of tenants and income
certification is required for the 15 year period.
f. Recipient Selection Criteria: Participation in assisted sellief
housing will be provided on a first come, first served basis to applicants who are
demonstrated to be income eligible. Applicants who have met the initial
financial assessment, are 60 years or age or older, and are income eligible will
be housed as units become available.
g. Sponsor Selection Criteria, if applicable: Applications from
developers/applicants will be awarded competitively using criteria including, but
not limited to, the following:
o designated 501(c)(3) non-profit organization under IRS
guidelines;
o legally operating within the jurisdiction of the City of Del ray
Beach and/or Palm Beach County;
o has demonstrated track record and production experience in
the construction and delivery of affordable housing;
o possess a partnership agreement with the City of Delray Beach
to participate and further its goals in the delivery of affordable
housing to the City's very low- and low-income households;
o preference will be given to sponsors that employee personnel
from WAGES and Workforce Development Initiatives
-13 -
programs.
h. Additional Information: The SHIP funds may leverage other Federal,
State, and/or local housing programs.
F. Name of the Strategy: SHIP Homeownership Development Program
a. Summary of the Strategy: This strategy is designed to promote and create
affordable homeownership opportunities for very low-, low- and moderate-
income families and individuals' by providing a grant to eligible sponsor
organizations based on the economic feasibility and affordability ofthe housing
project(s) to be assisted with SHIP funds. SHIP program funds may be used by
eligible sponsor organizations or the City for any development activity including
acquisition, demolition, and construction costs associated with the development
of affordable housing units in the City's established CDBG target area.
b. Fiscal Years Covered: State fiscal year 200512006, 200612007 and 2007/2008.
c. Income Categories to be served: Very-low, low-, and moderate-income
households or individuals as defined by the U. S. Department of Housing and
Urban Development (RUD) and adopted by the State of Florida and distributed
by the Florida Housing Finance Corporation for use in the SHIP Program.
d. Maximum award as noted on the Hurricane Housing Goals Chart: The
maximum award provided under this strategy will be lirriited to Fifty-five
Thousand Dollars ($55,000) per unit.
e. Terms, Recapture and Default: Financial assistance made to the eligible
sponsor organizatioJ?- will be provided in the form of a 0% interest, deferred
payment loan secured with a second mortgage/promissory note which will be
satisfied upon completion ofthe construction phase and all housing units have
been marketed and occupied by eligible homebuyers. All units assisted with
SHIP funds will be secured with a second mortgage / promissory note and will
be forgiven on a pro-rated basis based on the same criteria as described in the
Purchase Assistance Strategy as previously outlined in this Plan. Repayment of
the full loan award will be immediately due to the City in the event any
"qualifying event(s)" occur prior to the expiration of the note. Qualifying
-14 -
event(s) are considered to be:
. sale of unit or transfer of title
. the assisted homeowner fails to continuously occupy the home
. the unit is rented
. unit is refinanced without prior authorization of the City
Such repaid funds will be utilized in accordance with the approved Local
Housing Assistance Plan in effect at the time the funds are recaptured. If no
"qualifying event(s)" occur prior to the expiration ofthe note, the loan is totally
forgiven. In the event the homeowner wishes to refinance his or her first
mortgage or take out an equity loan to make repairs or improvements, the City
has created an administrative policy pertaining to subordination requests.
f. Recipient Selection Criteria: In addition to being income eligible as described
above, applicants must meet the following criteria:
. must have a bank account
. applicant must have an accepted contract for a home and have applied
for a first mortgage with a lender
. the applicant must have attended and completed an approved home
buyer education course (i.e., at least four hours in length and conducted
in a classroom setting) approved by the Community Development
Division.
g. Sponsor Selection Criteria, if applicable: Applications from
developers/applicants will be awarded competitively using criteria including, but
not limited to, the following:
. designated 501(c)(3) non-profit organization under IRS
guidelines;
. legally operating within the jurisdiction of the City of Delray
Beach and/or Palm Beach County;
. has demonstrated track record and production experience in
the construction and delivery of affordable housing:
. possess a partnership agreement with the City of Delray Beach
-15 -
to participate and further its goals in the delivery of
affordable housing to the City's very-low, low-, and
moderate-income households;
. preference will be given to sponsors that employee personnel
from WAGES and Workforce Development Initiatives
programs.
h. Additional Information: The SHIP funds may leverage other Federal, State,
and/or local housing programs.
F. Name of the Strategy: Owner-Occupied Housing Hurricane Shutter Purchase
a. Summary of the Strategy: This strategy is designed to provide financial
assistance to very-low and low-income elderly homeowners for the purchase and
installation of hurricane shutters to reduce or eliminate the exposure ofpeople's
lives or property to harm from a natural disaster. It is assumed that no private
lender monies will be involved in this strategy.
b. Fiscal Years Covered: State fiscal years 200512006, 200612007 and 2007/2008.
c. Income Categories to be served: Very low-, and low-income elderly households
as defined by the U. S. Department of Housing and Urban Development (RUD)
and adopted by the State of Florida and distributed by the Florida Housing
Finance Corporation for use in the SHIP Program.
d. Maximum award as noted on the Hurricane Housing Goals Chart: The
maximum award for this strategy is $10,000. However, the maximum is not
automatically provided on an individual basis; rather, the grant amount awarded
will be the minimum amount necessary to purchase and install hurricane shutters
as approved by the City's building code.
e. Terms, Recapture and Default: Assistance will be provided in the form of a
grant, so individual households will not be required to repay funds used for
owner-occupied housing hurricane shutter purchase assistance. In the event that
the City receives reimbursement from federal or state sources, such repair funds
will be utilized in accordance with the approved Local Housing Assistance Plan
in effect at the time the funds are disbursed.
-16 -
f. Recipient Selection Criteria: Applicants will be certified as very-low or low-
income to be deemed eligible and will be served on a first-come, first-served
basis.
g. Sponsor Selection Criteria, if applicable: N/ A
h. Additional Information: SHIP funds for this strategy will be leveraged with
III. Extremely Low Income Strategy: N/ A
a. Summary of the Strategy:
b. Fiscal Years Covered:
c. Maximum award as noted on the Hurricane Housing Goals Chart:
d. Terms, Recapture and Default:
e. Recipient Selection Criteria:
f. Sponsor Selection Criteria, if applicable:
g. Additional Information:
IV. Community Planning Strategy: N/A
a. Summary of the Strategy:
b. Fiscal Years Covered:
c. Maximum award as noted on the Hurricane Housing Goals Chart:
d. Terms, Recapture and Default:
e. Recipient Selection Criteria:
f. Sponsor Selection Criteria, if applicable:
g. Additional Information:
V. Administrative Budget:
a. Provide a brief administrative summary of expenses:
No HHR funds will be allocated for administrative expenses.
b. Up to 15% of the allocation may be used for administrative expenses
relating to direct program administration. Provide information below:
Fiscal Year
-17 -
VI. Explain any issues outstanding for compliance or non-compliance with the State
Housing Initiatives Partnership (SHIP) Program:
VII. EXHIBITS:
A Timeline for Encumbrance and Expenditure
B Hurricane Housing Goals Chart (HHGC) For Each Fiscal Year
Covered
C. Certification Page
D. Program Information Sheet
E. Community Planning Documentation:
Letters, resolutions detailing the community planning agreement, or interlocal
agreement
F. Adopting Resolution - original signed, dated, witnessed or attested adopting
resolution
-18 -
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Agenda Item No.: ~~ L
AGENDA REQUEST
Request to be placed on:
_ Regular Agenda
_ Special Agenda
_ Workshop Agenda
_X_Consent Agenda
Date: October 10, 2006
When: October 17, 2006
Description of item:
City Commission authorization and approval of a technical change to the City's Hurricane Housing
Recovery (HHR) Program, Hurricane Housing Assistance Plan (HHAP), for Fiscal Years 2005-2008.
Recommendation:
Staff recommends approval ofthe technical change to the Hurricane Housing Assistance Plan for Fiscal
Years 200512006, 200612007 and 200712008.
Department Head Signatore: (ji1.,~9 - ~
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: YESINO
Funding Alternatives:
Account No. & Description:
Account Balance:
(if applicable)
City Manager Review:
Approved for Agenda:
Hold Until:
@~
Agenda Coordinator Review:
Received:
Placed on Agenda:
,,'
TO: ~;::.I~N. CITY MANAGER
THRU: P~_U_~ D~RLI_NtpIRECTOR OF PLANNING & ZONING
FROM: ~ ~N, PARKING MANAGEMENT SPECIALIST
SUBJECT: MEETING OF OCTOBER 17, 2006 - CONSENT AGENDA
REVIEW MULTI SPACE METER REQUEST FOR PROPOSAL
At the January 10, 2006 workshop, City Commission directed Staff to proceed with drafting a Request
for Proposal (RFP) for the purchase, installation and maintenance of multi space meters to convert the
existing single head and multi space metering systems currently in place east of the Intracoastal
Waterway.
The following direction was given:
~ Utilize Pay and Display technology, where customers purchase a receipt to place on the
dashboard of the parked vehicle as proof of payment;
~ Include coin, credit/debit, and smart cards as payment options with the option of payment by
telephone to be included as an upgradeable item; and
~ Provide a cost analysis comparing multi space to single head electronic meters to be installed
along Ocean Boulevard (SR A1A)
RFP 2006-15 was advertised on February 26,2006 and presented to City Commission for approval at
the March 6, 2006 regular meeting. The Police Department raised a concern regarding the enforcement
of a Pay & Display Metering system along Ocean Boulevard as the Parking Enforcement Specialists
would be required to view the receipt in each vehicle to verify valid payment. Discussion ensued
suggesting single head electronic metering as a viable option for Ocean Boulevard (SR A1A) and
potentially the parking lots at the beach. After discussion the Commission directed staff to rescind the
RFP and advertise a new RFP including specifications for multi space pay & display, single head
electronic meters and all alternatives for the collection of parking fees in the area.
RFP 2006-57, attached for your review, has been expanded to include single space electronic meters
and any alternative methods for the collection of parking fees in the area.
1. Continue with direction; or
2. Direct staff to advertise RFP 2006-57.
By motion, direct staff to advertise RFP 2006-57.
Attachments:
RFP 2006-57
cg.M
ADVERTISEMENT
FOR REQUEST FOR PROPOSALS
PURCHASE AND INSTAllATION OF
PARKING METERS
RFP # 2006-57
Sealed proposals for purchase and installation of new electronic pay by space, multi
space parking meters or, pay & display, multi-space, receipt dispensing parking meters,
or electronic single space parking meters and/or any alternative methods for the
collection of parking fees along Ocean Boulevard (SR A 1 A) and various parking lots
east of the Intracoastal Waterway, to replace current meters located in the beach area
of the City. Proposals will be received by the City of Delray Beach, Florida, at the office
of the Purchasing Manager, 100 N.W. 1st Avenue, Delray Beach, Florida 33444, until
1 :30 P.M.. November 29. 2006. Any RFP received after the designated closing time,
whether by mail or otherwise, will be returned unopened. The time of receipt shall be
determined by the purchasing receiving clock located in the Finance office.
Copies of the plans and Specifications may be obtained from www.DemandStar.comin
hard copy, phone (800) 711-1712, or the Purchasing Office, City Hall, 100 N.W. 1st
Avenue, Delray Beach, Florida, 33444. Call Purchasing at 561-243-7163 to insure
sufficient supply.
All RFP's shall be submitted with an original and nine (9) copies in sealed
envelopes/packages addressed to the Purchasing Manager of Delray Beach, Florida,
and marked "SEALED PROPOSAL FOR PURCHASE AND INSTALLAITON OF
PARKING METERS FOR THE CITY OF DELRAY BEACH - RFP #2006-57". Vendors
desiring specifications for use in preparing proposals may obtain a set of such
documents from the Purchasing Manager, 100 N.W. 1st Avenue, Delray Beach, Florida
33444, Telephone (561) 243-7163.
Several meetings of the selection review committee will be conducted. Please see
Section 1-7 - Timetables for a complete listing of meeting dates and times. The City
reserves the right to accept or reject any and all proposals and to waive any
technicalities or irregularities therein. The City further reserves the right to award the
contract to that Vendor whose proposal best complies with the specifications and is
most advantageous to the City, as determined by the City, in its sole discretion. No
Vendor may withdraw their proposal for a period of sixty (60) days from the date set for
the opening thereof.
Publish:
Palm Beach Post
Sunday, February 26,2006
Jacklyn Rooney
Purchasing Manager
- 1 -
RFP #2006-57
PURCHASE AND INSTALLATION OF
PARKING METERS IN THE CITY OF DELRAY BEACH CITY LIMITS
TABLE OF CONTENTS
COVER PAGE
PAGE #
ADVERTISEMENT
1
TABLE OF CONTENTS
2
GENERAL INFORMATION
3-8
RFP SIGNATURE PAGE
9
STANDARD FORM OF AGREEMENT
10 -15
SPECIAL CONDITIONS
16 -19
SPECIFICATIONS - SCOPE OF SERVICES
20
SUBMITTAL REQUIREMENTS OF THE PROPOSER
21 - 23
SECTION I - MULTI SPACE
24 - 46
SECTION 11- SINGLE SPACE
47 - 60
SECTION III - ALTERNATIVE METHODS
61
- 2 -
CITY OF DELRAY BEACH
GENERAL INFORMATION
RFP #2006-57
PURCHASE AND INSTAllATION OF PARKING
METERS IN THE
CITY OF DElRA Y BEACH CITY LIMITS
1-1 DEFINITIONS
For the purposes of this Request for Proposal, "Vendor" shall mean contractors,
consultants, vendors, proposers, organizations, firms, or other persons submitting a
response to this Request for Proposals.
1-2 PURPOSE
This Request for Proposal, RFP #2006-57 - Purchase and Installation of new electronic
pay by space, multi space parking meters or, pay & display, multi-space, receipt
dispensing parking meters, or electronic single space parking meters and/or any
alternative methods for the collection of parking fees along Ocean Boulevard (SR A 1 A)
and various parking lots east of the Intracoastal Waterway, to replace current meters
located in the beach area of the City in accordance with this Request for Proposal
(RFP). The City currently has sixteen multi-space and approximately 600 single space
meters in the Beach area east of the Intracoastal Waterway. This RFP will hopefully
result in new meters that will replace some or all of these meters in this pristine area of
the City.
1-3 PROPOSAL SUBMISSION AND WITHDRAWAL
The CITY will receive proposals at the following address:
CITY OF DElRA Y BEACH
PURCHASING OFFICE
CITY HAll
100 N.W. 1st Avenue
Delray Beach, Florida 33444
To facilitate processing, please clearly mark the outside of the proposal package as
follows: RFP #2006-57 - REQUEST FOR PROPOSAL FOR PURCHASE AND
INSTAllATION OF PARKING METERS IN THE CITY OF DElRAY BEACH CITY
LIMITS and also include the date of the opening. The package shall also include the
Vendor's return address.
Vendors shall submit an original and nine (9) copies of the proposal in a sealed, opaque
package marked as noted above. The Vendor will be responsible for timely delivery,
whether by personal delivery, US Mail or any other delivery medium.
- 3 -
THE CITY MUST RECEIVE ALL PROPOSALS BY 1 :30 P.M. ON NOVEMBER 29,
2006.
The CITY cautions Vendors to assure actual delivery of mailed or hand-delivered
proposals directly to the City's Purchasing Office at City Hall, 100 N.W. 1st Avenue,
Delray Beach, Florida, prior to the deadline set for receiving proposals. Telephone
confirmation of timely receipt of the proposal may be made by calling (561) 243-7163,
before proposal closing time. Any proposal received after the established deadline will
not be considered and will be returned unopened to the Vendor(s).
Vendors may withdraw their proposals by notifying the CITY in writing at any time prior
to the deadline for proposal submittal. After the deadline, the proposal will constitute an
irrevocable offer, for a period of 120 days. Once opened, proposals become a record of
the CITY and will not be returned to the Vendors.
Upon opening, proposals are subject to public disclosure consistent with Chapter 119,
Florida Statutes. Vendors must invoke exemptions to disclosure provided by law in the
response to the RFP, and must identify the data or other materials to be protected, state
the reasons why such exclusion from public disclosure is necessary and the legal basis
for such exemption.
1-4 CONTRACT AWARDS
The City anticipates entering into an agreement with the Vendor who submits the
proposal judged by the City to be most advantageous. The City anticipates awarding
one agreement but reserves the right to award more than one if in its best interest.
The Vendor understands that this RFP does not constitute an offer or an agreement
with the Vendor. An offer or agreement shall not be deemed to exist and is not binding
until proposals are reviewed, accepted by appointed staff, the best proposal has been
identified, approved by the appropriate level of authority within the City, and executed
by all parties. A sample Agreement is attached to this RFP. The City anticipates that
the final agreement will be in substantial conformance with this Sample Agreement;
nevertheless, Vendors are advised that any Agreement that may result from the RFP
may deviate from the Sample Agreement.
The City reserves the right to reject all proposals, to abandon the project and/or to solicit
and re-advertise for other proposals. The City reserves the right to cancel the RFP or
portions thereof without penalty. The City reserves the right to waive any irregularities
and technicalities and may, at its sole discretion, request a clarification or other
information to evaluate any or all proposals.
All terms and conditions of this RFP, any addenda, Vendor's submissions, and
negotiated terms, are incorporated into the contract by reference as set forth herein.
Document files may be examined, during normal working hours, ten days after
proposals have been opened.
The proposal with the highest number of points will be ranked first. The City reserves
the right to further negotiate any proposal, including price, with the highest rated
Vendor. If an agreement cannot be reached with the highest rated Vendor, the City
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reserves the right to negotiate and recommend award to the next highest Vendor or
subsequent Vendors until an agreement is reached.
1-5 DEVELOPMENT COSTS
Neither the City nor its representatives shall be liable for any expenses incurred in
connection with preparation of a response to this RFP. Vendors should prepare their
proposals simply and economically, providing a straightforward and concise description
of the Vendor's ability to meet the requirements of the RFP.
1-6 INQUIRIES
Interested Vendors may contact the City's Purchasing Office regarding questions about
the proposal at City Hall located at 100 N.W. 1st Avenue, Delray Beach, Florida 33444,
Telephone (561) 243-7163 or by facsimile (561) 243-7166. The Purchasing Manager
will receive written requests for clarification concerning the meaning or interpretations of
this RFP, until seven (7) days prior to the submittal date. City personnel are authorized
only to direct the attention of prospective Vendors to various portions of the RFP so that
they may read and interpret such for themselves. No employee of the City is authorized
to interpret any portion of this RFP or give information as to the requirements of the
RFP in addition to what is contained in the written RFP document.
The City may record its response to inquiries and any supplemental instructions in the
form of written addenda. The City may mail written addenda up to seven (7) calendar
days before the date fixed for receiving the proposals. Vendors shall contact the City to
ascertain whether any addenda have been issued. Failure to do so could result in an
unresponsive proposal. Any oral explanation given before the RFP opening will not be
binding.
All Vendors are expected to carefully examine the proposal documents. Any
ambiguities or inconsistencies should be brought to the attention of the City Purchasing
Manager through written communication prior to the opening of the proposals.
1- 7 TIMETABLES
The City and Vendors shall adhere to the following schedule in all actions concerning
this RFP:
A. Advertisement October 22,2006
B. Mandatory Pre-Bid Meeting November 10, 2006 at 2:00PM
C. All written questions and inquiries due by November 21, 2006 by 5:00PM
D. Proposals due no later than 1 :30 P.M. (Bid Opening) November 29,2006 at 1 :30 PM
E. Review Committee Meeting (Short listing) December 11, 2006 at 9:00 AM
F. Demonstration/Presentations & Committee Selection January 10, 2007 at 9:00 AM
G. The City may enter into a contract after obtaining appropriate approvals and
conducting negotiations. The City will notify all unsuccessful Vendors.
- 5 -
1-8. DELAYS
The City may delay scheduled due dates if it is to the advantage of the City to do so.
The City will notify Vendors of changes in scheduled due dates by written addenda.
1-9 ADDENDA
If revisions become necessary, the City will provide written addenda to all Vendors who
have received the RFP. All addenda issued by the City will include a receipt form,
which must be signed and included with any proposals that are submitted to the City. In
the event multiple addenda are issued, a separate receipt for each addendum must be
included with the proposal at the time it is submitted to the City.
1-10 NEWS RELEASES
The Vendor shall obtain the prior approval of the City Manager's Office for any and all
news releases and/or other publicity pertaining to this RFP or the service, study or
project to which it relates.
1.11 LICENSES
Vendors must furnish satisfactory evidence that they have licenses as required to do
business in the State of Florida, in Palm Beach County, and in the City of Delray Beach,
including but not limited to, licenses required by respective State Boards and other
governmental agencies responsible for regulating and licensing the services provided
and performed by the provider. A copy of the Iicense(s) held by the Vendor must
accompany the proposal. Any Vendor that is not fully licensed and certified shall be
rejected.
1-12 PUBLIC ENTITY CRIMES
A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime, may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a bid on a contract with a public
entity for the construction or repair of a public building or public work, may not submit
bids on leases of real property to a public entity, may not be awarded or perform work
as a contractor, supplier, subcontractor or consultant under a contract with any public
entity, and may not transact business with any public entity in excess of the threshold
amount provided in Section 287.017, for CATEGORY TWO (Currently $25,000) for a
period of 36 months from the date of being placed on the convicted vendor list.
1-13 CODE OF ETHICS
If any Vendor violates or is a party to a violation of the code of ethics of the City of
Delray Beach or the State of Florida with respect to this proposal, such Vendor may be
disqualified from performing the work described in this proposal or from furnishing the
goods or services for which the proposal is submitted and shall be further disqualified
from bidding on any future proposals for work, goods or services for the City of Delray
Beach.
- 6-
1-14 DRUG-FREE WORKPLACE
Preference shall be given to businesses with Drug-Free Work Place (DFW) programs.
Whenever two or more proposals which are equal with respect to price, quality, and
service are received by the City for the procurement of commodities or contractual
services, a proposal received from a business that completes the attached DFW form
certifying that it is a DFW shall be given preference in the award process.
1-15 CITY CONTACT
The City contact for this project will be Jacklyn Rooney, Purchasing Manager, 100 N.W.
1 st Avenue, Delray Beach, FL 33444 and the telephone number is (561) 243-7163, or
her designee. After Notice to Proceed is issued, all communications and
correspondence shall b~ directed to the Purchasing Manager at the address above.
1-16 RULES FOR PROPOSALS
All proposals must be received no later than 1 :30 PM, on Wednesday, November 29,
2006. Whether a proposal is transmitted by US Mail or any other delivery medium, the
Vendor(s) will be responsible for its timely delivery. The proposal must name all
persons or entities interested in the proposal as principals. The proposal must declare
that it is made without collusion with any other person or entity submitting a proposal
pursuant to this RFP.
1-17 FINAL SELECTION
The City of Delray Beach will select the firm that meets the best interests of the City.
The City shall be the sole judge of its own best interests, the proposals, and the
resulting negotiated agreement. The City's decisions will be final.
1-18 RIGHT TO REJECT PROPOSALS
Submission of a proposal indicates acceptance by the firm of the conditions contained
in this Request for Proposal unless clearly and specifically noted in the proposal
submitted and confirmed in the contract between the City of Delray Beach and the firm
selected. The City of Delray Beach reserves the right, in its sole discretion, to reject any
or all proposals.
1-19 PROPOSAL WORK SHEET
The undersigned, as Vendor, hereby declares that the only person or persons
interested in the Proposal, as principal or principals, is or are named herein and that no
other person than herein mentioned has any interest in the Proposal or the Contract to
which the work pertains; that this Proposal is made without connection or arrangement
with any other person, company, or parties making a proposal and that the Proposal is
in all respects fair and made in good faith without collusion or fraud.
The Vendor further declares that he has examined the Contractual Documents,
including the Advertisement, Invitation for Proposals, Proposal, Technical
Specifications, Draft Contract, and has read all addenda prior to the opening of
- 7 -
proposals, and is satisfied fully relative to all matters and conditions with respect to the
work to which this Proposal pertains.
The Vendor proposes and agrees, if this Proposal is accepted, to contract with the
City of Delray Beach in the form of a contract specified by the City, to furnish all
necessary materials, all equipment, supplies, and labor necessary to complete the work
specified in the Proposal and the Contract, and called for by the Specifications and in
the manner specified.
The hereby undersigned representative of the Vendor certifies that they are an
authorized representative of the Vendor who may legally bind the Vendor:
1.20 Selection Process:
The purpose of the rating procedures is to equitably judge the responses to the Request
for Proposals. Each response will be scored and evaluated by the Selection Committee
using the following scoring criteria:
Evaluation Category Maximum
Points
Estimated cost to the City 25
Demonstration of understanding the overall
needs of the City 25
Experience, qualifications and past
performance with similar municipal contracts 20
Location of offices and maintenance
service facility(ies) 10
Responsiveness to bid document 10
Aesthetics 10
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RFP SIGNATURE, PAGE ...................
*SIGNATURE:
Name:
Title:
Printed
Company:
Address:
Legally registered name
City:
State:
Zip:
Telephone No:
Fax No:
*Failure to affix sianature will result in disqualification of proposal.
Note: If there are any terms and/or conditions that are in conflict, the most stringent
requirement shall apply.
Acknowledaement of Addendums
Acknowledgement is hereby made of the following Addenda received since issuance of
Specifications:
Addendum No.
Dated:
Addendum No.
Dated:
Addendum No.
Dated:
Name of Vendor's Service Contact:
Address:
Phone:
Fax:
E-Mail:
- 9 -
STANDARD FORM OF AGREEMENT
BETWEEN CITY AND VENDOR
REQUEST FOR PROPOSALS
PURCHASE AND INSTALL TION OF METERS
IN THE CITY OF DELRAY BEACH CITY LIMITS
THIS AGREEMENT made this
day of
,20_, by and
between the CITY OF DELRA Y BEACH (hereinafter called CITY) and
(hereinafter called VENDOR).
WITNESSETH:
The CITY and the VENDOR in consideration of the mutual covenants hereinafter
set forth, agree as follows:
1. The undersigned VENDOR hereby represents that he has carefully
examined all documents attached hereto, and will perform all requirements, pursuant to
all covenants and conditions, as provided by this Agreement and any attachments.
2. The VENDOR, as evidenced by the execution of this Agreement,
acknowledges that it has examined all specifications and requirements of this bid. The
VENDOR further acknowledges that the bid price includes all costs and expenses
required for the satisfactory completion of all requirements provided by this Agreement.
3. The Agreement between the CITY and the VENDOR include the following
documents which are attached hereto and incorporated herein by reference of the
following:
AGREEMENT DOCUMENT (S)
Cover Page
Advertisement for Bids
T able of Contents
General Information
RFP Signature Page
Standard Form of Agreement
Special Conditions
Specifications - Scope of Services
Submittal Requirements of the Proposer
Section I - Multi Space
PAGE NUMBERS
1
2
3-8
9
10-15
16-19
20
21 - 23
24 - 46
- 10-
Section II - Single Space
Section III - Alternative Methods
47 - 60
61
Addenda numbers
to
, inclusive, and any modifications delivered
after execution of this Agreement.
4. The term of this Agreement shall commence on the date written above.
5. This Agreement shall be governed by the laws of the State of Florida as
now and hereafter in force. The venue for actions arising out of this agreement shall
be Palm Beach County Florida.
6. All notices, requests, demands, and other given if personally delivered or
mailed, certified mail, return receipt requested, to the following addresses:
As to City:
City of Delray Beach
100 N.W. First Avenue
Delray Beach, FL 33444
As to VENDOR:
7. The VENDOR shall not, without prior written consent of the CITY, assign
any portion of its interest under this Agreement and, specifically, the VENDOR shall not
assign any moneys due or to become due without the prior written consent of the CITY.
8. The CITY and the VENDOR each binds itself, its partners, successors,
assigns and legal representatives to the other party hereto in respect to all covenants,
conditions and obligations contained in the Agreement.
9. In consideration of ten dollars ($10.00) and other valuable consideration,
the VENDOR shall defend, indemnify and save harmless the CITY, its officers, agents
and employees, from or on account of any liabilities, damages, losses and costs
received or sustained by any
- 11 -
person or persons by or in consequence of any negligence (excluding the sole
negligence of the CITY), recklessness or intentional wrongful misconduct of the
VENDOR and any persons employed or utilized by the VENDOR in the performance of
this Agreement. VENDOR agrees that negligent, reckless or intentional wrongful
misconduct includes, but is not limited to, use of any improper materials or liabilities,
damages, losses or costs caused by or on account of the use of any improper materials.
VENDOR agrees that negligent, reckless or intentional wrongful misconduct also
includes but is not limited to the violation of any Federal, State, County or City laws, by-
laws, ordinances or regulations by the VENDOR, its agents, servants or employees.
VENDOR further agrees to defend, indemnify and save harmless the CITY from all such
claims and fees, and from any and all suits and actions of every name and description
that may be brought against the CITY on account of any claims, fees, royalties, or costs
for any invention or patent, and from any and all suits and actions that may be brought
against the CITY for the infringement of any and all patents or patent rights claimed by
any person, firm, or corporation.
The indemnification provided above shall obligate the VENDOR to defend at its
own expense or to provide for such defense, at the CITY'S option, for any and all claims
or liability and all suits and actions of every name and description that may be brought
against the CITY which may result from the operations and activities under this
Agreement performed by the VENDOR, its agents or employees. This indemnification
includes all costs and fees including attorneys fees and costs at trial and appellate
levels.
The CITY will pay to the VENDOR the specific consideration of ten dollars and
other good and valuable consideration as specific consideration for the indemnification
provided herein. Furthermore, the VENDOR acknowledges that the bid price includes
said consideration for the indemnification provision.
- 12 -
10. This Agreement shall be considered null and void unless signed by both
the VENDOR and the CITY.
11. This Agreement and the documents attached hereto and listed above
constitute the entire agreement between the CITY and the VENDOR and may only be
altered, amended or repealed by a duly executed written instrument.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the
day and year first above written.
City Clerk
CITY OF DELRAY BEACH, FLORIDA
By:
Jeff Perlman, Mayor
ATTEST:
Approved as to form:
City Attorney
VENDOR:
By:
WITNESSES:
(please type or print name)
(SEAL)
(please type or print name)
- 13 -
CORPORATE ACKNOWLEDGMENT
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this
day of
,20_, by
(name of officer
or agent, title of officer or agent), of
(state or
place of incorporation) corporation, on behalf of the corporation.
He/She is (personally known to me) (or has produced identification) and has used
his/her
(type of identification) as
identification.
Signature of Person Taking
Acknowledgment
Name of Acknowledger Typed,
Printed or Stamped
- 14-
CERTIFICATE
(If Corporation)
STATE OF FLORIDA
)
) SS
)
)
COUNTY OF
I HEREBY CERTIFY that a meeting of the Board of Directors of
, a corporation under the laws of the State of
held on
resolution was duly passed and adopted:
,20_, the following
"RESOLVED", that ,as
President of the corporation, he/she is hereby authorized to execute the
Agreement dated ,20_, between the City of Delray
Beach, Florida and this corporation, and that his execution thereof, attested by
the Secretary of the Corporation and with corporate seal affixed, shall be the
official act and deed of this corporation".
I further certify that said resolution is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official
seal of the corporation this
day of
,20_"
(Secretary)
(Seal)
- 15 -
SPECIAL CONDITIONS
01. RFP DOCUMENTS
The Contractor shall examine this RFP carefully. Ignorance of the requirements will not
relieve the Contractor from liability and obligations under the Contract.
02. PROPOSERS' COSTS
The City shall not be liable for any costs incurred by proposers in responding to this
RFP.
03. RULES AND PROPOSALS
The signer of the proposal must declare that the only person(s), company or parties
interested in the proposal as principals are named therein; that the proposal is made
without collusion with any other person(s), company or parties submitting a proposal;
that it is in all respects fair and in good faith, without collusion or fraud; and that the
signer of the proposal has full authority to bind the principal proposer.
04. FAMILIARITY WITH LAWS
All proposers are required to comply with all Federal, State and Local Laws, Codes,
Rules and Regulations that govern and control the actions and operations of this
proposal.
05. CONFIDENTIAL INFORMATION
Florida law provides that municipal records shall at all times be open for personal
inspection by any person. Section 119.01, F.S., The Public Records Law. Information
and materials received by City in connection with all Proposer's response shall be
deemed to be public records subject to public inspection upon award, recommendation
for award or 10 days after bid opening, whichever occurs first. However, certain
exemptions to the public records law are statutorily provided for in Section 119.07, F.S.
Therefore, if the Proposer believes any of the information contained in his or her
response is exempt from the Public Records Law, then the Proposer must in his or her
response specifically identify the material that is deemed to be exempt and cite the legal
authority for the exemption, otherwise, the City will treat all materials received as public
records.
06. PUBLIC ENTITY CRIMES
A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a bid on a contract with a public
entity for the construction or repair of a public building or public work, may not submit
bids on leases of real property to a public entity, may not be awarded or perform work
as a contractor, supplier, subcontractor, or consultant under a contract with any public
entity, and may not transact business with any public entity in excess of the threshold
amount provided in Section 287.017, Florida Statutes, for Category Two for a period of
36 months from the date of being placed on the convicted vendor list. NOTE: Proposer,
by submitting a proposal attests they have not been placed on the convicted vendor list.
07. PRICES:
All prices quoted shall be quoted F.O.B. Delivered, Delray Beach, Florida. To include
delivery, installation, testing, training, minimum two year warranty, and all other
requirements of the specifications, terms and conditions.
- 16-
07.1 Firm Price: The City of Delray Beach will not accept any proposals that do not guarantee
a firm price until completion of order.
08. RELATED EXPENSES
All related expenses chargeable to the City, such as supplies, printing, binders, etc shall
be passed through at Contractor's cost. Related expenses shall not include any
postage, telephone toll charges, or other charges incurred in the normal course of
business. Contractor shall incur no travel or related expenses chargeable to the City.
09. TAXES AND PERMITS:
The State, any county, municipality or political subdivision of this State is exempt from
the sales tax, except this exemption shall not include sales of tangible personal property
made to contractors employed either directly or as agents of any such government or
political subdivision thereof when such tangible personal property goes into or becomes
a part of public works owned by such government or political subdivision thereof. The
bidder shall take these factors into consideration in preparing his proposal, including
therein the cost of the State and Use Tax on materials, but excluding the cost of those
taxes and permits not applicable.
10. NO EXCLUSIVE CONTRACT I ADDITIONAL SERVICES
10.1 Contractor agrees and understands that the contract shall not be construed as an
exclusive arrangement and further agrees that the City may, at any time, secure similar
or identical services at its sole option.
10.2 The City may require additional items or services of a similar nature, including those not
specifically listed in the contract. The Contractor agrees to provide such items or
services, and shall provide the City prices on such additional items or services based
upon a formula or method, which is the same, or similar to that used in establishing the
prices in the proposal. If the price(s) offered are not acceptable to the City, and the
situation cannot be resolved to the satisfaction of the City, the City reserves the right to
procure those items or services from other vendors, or to cancel the contract upon
giving the Contractor thirty (30) days written notice.
11. MODIFICATION OF SERVICES (Deletions I Additions)
The City reserves the right to delete any portion of this Contract at any time without
cause, and if such right is exercised by the City, the total fee shall be reduced in the
same ratio as the estimated cost of the work deleted bears to the estimated cost of the
work originally planned. If work has already been accomplished on the portion of the
Contract to be deleted, the Contractor shall be paid for the deleted portion on the basis
of the estimated percentage of completion of such portion.
12. QUANTITY:
The quantities shown are estimated as to current requirements. The City reserves the
right to increase or decrease the total quantities. Any estimated quantities listed are for
information and tabulation purposes only. No warranty or guarantee of quantities
needed is given or implied. It is understood that the Contractor will furnish the City's
needs as they arise.
13. INSPECTION AND TESTING OF MATERIALS:
The materials, patterns, fabricated member and assembled or partially assembled items
may be inspected at the factory, or elsewhere, by a representative of the City at any
time during the process of manufacture or until final delivery and acceptance, to
determine whether or not there is compliance with the requirements of these
- 17 -
specifications. Approval prior to the time of final acceptance shall not preclude rejection
of delivered items, which do not satisfy these specifications.
14. MERCHANTABILITY. There shall be an implied warranty of merchantability and fitness
for an intended use. Any bid submittals taking exception to this requirement may, at the
City's option, be considered non-responsive.
15. SELLING, TRANSFERRING OR ASSIGNING CONTRACTS
No contract awarded under these terms, conditions and specifications shall be sold,
transferred or assigned without the written approval of The City of Delray Beach.
16. INSURANCE
The Contractor shall carry at all times the following insurance coverage:
Indemnification: CONTRACTOR shall defend, indemnify, save harmless, and exempt
the CITY, its officers, agents, servants, and employees from and against any and all
suits, actions, legal proceedings, claims, demands, damages, costs, expenses, and
attorneys fees resulting from injury to or death of persons or damage to property arising
out of or resulting from the Contract or from work done by the CONTRACTOR or
subcontractors in the performance of the Contract except to the extent caused by the
sole negligence of or breach of contract by the CITY. In connection with any legal
proceedings arising hereunder, the CITY reserves the right to retain counsel of its
choice and at its own expense, or, in the alternative, approve counsel obtained by the
CONTRACTOR. Nothing in this contract shall be deemed to adversely affect the rights,
privileges and immunities of the CITY as set forth in Florida Statute 768.28.
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 contractors, contractual (indemnification) agreement, products
and completed operations, 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 Liabilitv Insurance: Shall be maintained in accordance with the laws of
the State of Florida to cover the ownership, maintenance and/or use of all owned, non-
owned, or hired vehicles as required by the work to be performed under this Contract.
The combined bodily injury and property damage limit shall not be less than $1,000,000
per occurrence.
Workers' Compensation Insurance: Shall be provided and maintained in accordance
with Statutory Requirements of the State of Florida. Included shall be Employee's
Liability Insurance to protect against on-the-job injury or illness which may not fall within
the provisions of the Florida State's Workers' Compensation Law. The limits shall be no
less than $500,000 each accident, and an occupational disease limit of $500,000 per
employee/$500,000 aggregate.
Additional Insured: The City of Delray Beach shall be included as an additional
insured by way of the most current ISO endorsement, or its equivalent, on the
contractor's liability insurance policies required under this contract.
Evidence of Insurance: Prior to the commencement by CONTRACTOR or
subcontractor of any work under this Contract, the CITY must receive and approve
Certificates of Insurance evidencing the insurance coverage and requirements as
required by this Contract. Certified copies of the policies will be provided if requested
- 18 -
by the CITY. Renewal Certificates shall be provided to the CITY at least ten (10) days
prior to the expiration of any policy.
If at any time the CONTRACTOR fails to maintain, or provide evidence of insurance
coverage required by this Contract, all work may be halted by the CITY.
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.
17. TORT IMMUNITY:
The City of Delray Beach hereby reserves to itself any and all tort immunity as provided
to it by the laws of the State of Florida. It is hereby agreed that the City's liability is
limited to the extent permitted by the Florida Constitution and Florida Statute 768.28 or
any amendments thereto.
18. DAMAGE TO PUBLIC OR PRIVATE PROPERTY
Extreme care shall be taken to safeguard all existing facilities, site amenities, irrigation
systems, etc. on or around the job site. Damage to public and/or private properly shall
be the responsibility of the Contractor and shall be repaired and/or replaced at no
additional cost to the City.
19. SERVICE TEST PERIOD
The successful Contractor must successfully complete the acceptance testing
requirements within a sixty (60) day period following Contract award and product
installation. The City will accept the fully operational product(s) when the Contractor
has successfully proven the respective product to function in accordance with the RFP
requirements.
Performance trial and acceptance testing shall be based on the units being fully and
consistently operational for a period of not less than thirty (30) working days after
receipt and installation. The City will use this testing period to evaluate the products and
verify that all requirements stated in this RFP have been met. If it is determined that all
requirements have not been met, that machines have experienced excessive
malfunctions, errors, etc. or that resolution of any problem cannot be attained, the City
reserves the right to return the products at no cost to the City.
A performance evaluation will be conducted prior to the end of the test period and that
evaluation will be the basis for the City's decision to continue with the Contractor or to
select another Contractor.
20. DOCUMENTATION
Contractor Shall Provide The City With Three Sets Of Hardware And Software
Documentation And Manuals With System Delivery
21, EQUIPMENT WARRANTY I EXTENDED MAINTENANCE
Proposer shall include a two-year initial warranty on materials, labor and incidentals.
Proposer shall also include pricing for five additional years of extended on-site
maintenance, which will be applicable after the expiration of the initial warranty.
If the City would be required to sign an extended maintenance contract, Proposer shall
include a copy of the standard maintenance form as a part of the RFP response. Such
agreement shall be subject to City review, modification, and acceptance. The City will
consider the cost of extended maintenance as a part of the total cost of acquisition of
the proposed system.
- 19-
SPECIFICA TIONS / SCOPE OF SERVICES
OVERVIEW:
The City of Delray Beach is seeking proposals from qualified vendors for the
Purchase and Installation of new electronic pay by space, multi space parking
meters or, pay & display, multi-space, receipt dispensing parking meters, or
electronic single space parking meters and/or any alternative methods for the
collection of parking fees along Ocean Boulevard (SR A 1 A) and various parking
lots east of the Intracoastal Waterway, to replace current meters located in the
beach area of the City in accordance with this Request for Proposal (RFP).
When pricing please include any price variances for quantity purchase (20 units
compared to 40). The City currently has approximately 600 single space and 12
multi space meters east of the Intracoastal Waterway in the beach area of the
City. This RFP will hopefully result in new meters that will replace all of the
meters in this valuable area of the City.
The City of Delray Beach intends to provide the tourist and patrons of the City's
beach area with the latest state-of-the art technology in parking meters. We are
looking for innovative meters or alternatives that are acceptable to a tropical
climate and durable in 140-mile per hour winds. The meters will also be exposed
to and surrounded by the Ocean and Beach elements.
VENDORS SHOULD RESPOND TO ALL ITEMS LISTED IN THE TECHNICAL
SPECIFICATIONS RESPONSE SUBMITTAL
SilENCE OF SPECIFICATIONS:
The apparent silence of the specifications as to any detail concerning any
specific requirement shall be regarded as meaning that only the best commercial
practices are to prevail and that only new materials and workmanship of first
quality are to be used. All interpretations of these specifications will be made
upon the basis of this statement.
ATTACHMENTS I ADDITIONAL INFORMATION:
Any information or responses to specific questions requiring additional pages
must be clearly noted as to the page, section and question number it relates to.
Failure to comply might result in lower scoring if one or more members of the
review committee are unable to find required answers to questions.
- 20-
SUBMITTAL REQUIREMENTS OF THE PROPOSAL:
ELIGIBILITY:
To be eligible to respond to this RFP, the proposing firm must demonstrate that
they, or the principals assigned to the project, have successfully completed
services, similar to those specified in the Scope of Services section of this RFP,
to at least one City similar in size and complexity to City of Delray Beach.
SUBMITTAL REQUIREMENTS
All proposals must be submitted as specified. Any attachments must be clearly
identified. To be considered, the proposal must respond to all parts of the RFP.
Any other information thought to be relevant, but not applicable to the
enumerated categories, should be provided as an appendix to the proposal. If
publications are supplied by a proposer to respond to a requirement, the
response should include reference to the document number and page number.
This will provide a quick reference for the evaluators. Proposals not providing
this reference will be considered to have no reference included in the additional
documents.
SUBMITTALS: (To be indexed and submitted in order listed:)
A. Letter of Interest I Cover Letter - Briefly state the Proposer's
understanding of the services to be rendered, and make a positive commitment
to perform according to the requirements noted in this RFP. This letter MUST
also confirm that all costs submitted in this RFP shall remain firm for acceptance
for a minimum of one hundred and twenty (120) days from the date of RFP
opening.
B. Professional Licenses and Certificates I Sample Insurance Certificate-
Submit a copy of all Licenses, Certificates, Registrations, Permits, etc. that your
company / staff possesses. Also include proof of insurance in this section.
C. Company Profile - Legal name, address, telephone number, fax number,
e-mail address, web page address, etc. of the proposer, together with legal entity
(corporation, partnership, etc.). First must be established as a legal entity in the
State of Florida. Provide hours of operation; Years in business; State whether
the firm is local, regional, or national; Provide addresses and phone numbers for
Headquarters and other relevant offices if applicable.
D. Joint Venture - If submitting as a joint venture, submit a copy of the joint
venture agreement including the financial agreement between the parties and the
percentage of participation of the parties.
- 21 -
E. Disputes, Litigation, and Defaults - Applicant shall disclose the results,
including amount of settlement, if any, for all prior litigations, arbitration,
mediation or other claims involving the applicant or any consultants for a period
of five (5) years prior to the submission of this proposal.
F. Qualifications I Experience - Describe firm's experience, detail projects
done within the previous three (3) years.
G. Staff - Give a complete list of the number of managers, supervisors, and
other staff employed at the compound site from which services will be rendered.
Identify the staff members who will provide the services, including staff from other
than the local site, if necessary. Include their experience.
H. Technical Approach - Describe the services proposed by your firm and
your implementation plan for this contract. This section must address the
required services noted in this RFP, and how your firm plans to provide them.
I. Milestones, Deliverables and Proposed Benchmark Timetable - As part of
the project approach, the firm shall propose a scheduling methodology for
effectively managing and executing the work in the optimum time. Such timeline
information and proposed dates shall include, but not necessarily be limited to;
delivery, installation, diagnostic testing, training of designated personnel, and
other phase related completion dates, in accordance with the RFP specifications.
K. References - A list of current and former major accounts along with contact
person's name and phone number(s). This list should include accounts that
represent company's experience with entities of similar size and exposures as
the City of Delray Beach.
L. Submittals-
(1) Respondent shall provide samples of reports along with their
proposals. Respondent shall also include brochures and manufacturers
specifications for all required items.
(2) Provide installation drawings and specifications.
M. Pricing - Please include pricing for all items (include thresholds for
reductions in pricing for multiple units.
M1. Extended Prices: Proposer is requested to indicate if additional quantities
of the items may be purchased at a price quoted herein:
YES
or
NO
If YES, through date:
- 22-
N. Warranties I Extended Maintenance And Software Support - Proposer
shall state the initial equipment and software warranty. Also provide information
for extended maintenance and support services that are available after expiration
of the initial equipment and software warranties. Information shall include
specific details on the type of coverage and all exclusions, if applicable.
Proposer should submit information for on-site warranty services for the system
proposed in accordance with the RFP specifications.
O. Detailed list of Offering - Provide a detailed list of all hardware, software,
materials, components, and other incidentals that are included in your proposal
price.
- 23-
SECTION I. PROPOSAL FOR ELECTRONIC PAY BY SPACE, MULTI SPACE
PARKING METERS OR ELECTRONIC PAY AND DISPLAY, RECEIPT
DISPENSING PARKING METERS (Please answer all of the following. If a
requirement is not applicable to the type if technology being offered, answer "N"
and provide justification in Section Y)
INSTRUCTIONS: Provide a response to each of the following questions
Complies With
Specification
Requirements
(circle "Y" for yes
and "N" for no)
A.GENERAL
1.
Respondent shall use a local distributor to provide support for
initial installation, training, parts and warranty service. "Local" is
defined as close enough to the City of Delray Beach to provide
twenty-four (24) hour responses to software and hardware
requests without reauestina travel reimbursement
y
N
2.
Machines must remain fully functional in abnormal street
conditions like excessive heat (Internal Operating Temperature of
o OF to 140 OF), humidity, rain, hail, grime, vibrations, saltwater
spray, etc.
Y
N
3.
All machines shall be constructed with new and unused, rugged
materials and meet "Year 2000" compliance requirements.
Y
N
4. Respondent must explain, preferably in a Visio Diagram, how its computer network
processes the flow of magnetic stripe and/or smart card information from the pay
stations to and from the bank or electronic financial transaction authorization network.
5. Respondent must describe, in detail, all of the equipment they propose to use.
6. Respondent must also describe in detail its plan for pay station auditing and
reconciliation procedures that track electronic revenues from the pay station to the
financial clearinghouse. The clearinghouse system must conform to International
Standards Organization (ISO) standards for authorization messages. The ISO
standards, as amended from time to time, are deemed as being incorporated by
reference herein. All electronic processing must utilize a SSL gateway and provide at a
minimum 128 data encryption and conform to all Visa and MasterCard requirements.
- 24-
7.
8.
9.
10.
The vendor must have a toll free support number for
troubleshooting both software and hardware.
y
N
Any software and hardware backups needed shall be available
within twenty-four (24) hours.
y
N
For newly installed units, the City of Delray Beach personnel
reserves the right to install the base and the local distributor will
supply a fully operational pay-station at the City of Delray Beach
selected location. City of Delray Beach will take possession of
new units at the point of installation.
y
N
When the machine is configured as pay and display, the customer
inserts the payment required to purchase the desired amount of
time up to the maximum time limit. Payment may be made by a
combination of coins, credit/debit or smart card. An internally
printed receipt is provided displaying date, expiration time,
expiration date, transactions amount paid, pay station
identification number and a unique receipt identification number.
At any stage of the purchase, a cancel option shall be available to
allow the customer to retrieve the funds, if the customer wishes to
terminate the transaction. Payment by telephone (cellular or
landline) must be available as an upgradeable item at the request
of the City. Applicable charges for this upgrade shall be listed as a
separate item.
y
N
B. BASIC SYSTEM REQUIREMENT
1.
2.
System must operate in a networked environment and be capable
of functioning as ~ingle units during emergency operations.
y
N
The software will facilitate the management of communications,
rates, maintenance, collections and audit functions.
y
N
3.
Machines must be able to run off solar and/or AC power supply
with standard locally procured regular and/or backup batteries.
y
N
3a. What is the type and number of batteries are required for your product?
3b. What is the average life expectancy of the batteries?
3a.
3b.
4. Vendor should specify Machines minimum transactions on back-up power, without error.
5.
During power outages, all machines will operate in a stand-alone
capacity and store accumulated data in memory.
y
N
- 25-
6. A separate backup battery must be supplied to sustain the clock,
calendar, audit information and RAM in the event of a main
backup system failure or during battery replacement. Y N
7. Machines shall have optional language capability for display and
verbal commands. Y N
8. Machines shall display specific 'out of order' conditions and
should operate with the malfunctioning status, until serviced. Y N
C. CUSTOMER OPERA TION
1. The pay stations shall operate with coins, and credit/debit/smart
cards in a manner that allows customers to follow simple printed,
digital and/or verbal instructions to complete the transaction
quickly (also applicable to phone payment if chosen as an option). Y N
2. Instructions should tell the customer what to do first, and
then lead them through the trans~.ction in approximately 45
seconds. The last mandatory instruction for the pay and
display machine shall be to advise the customer to display
the receipt on the vehicle dashboard. y N
2a. Approximately how many seconds does your product take to
complete an entire transaction?
D. CURRENCY ACCEPTED
1.
Machines must accept US currency in denominations of, nickels,
dimes, quarters, "SBA" and "Gold" dollar coins, magnetic striped
credit/debit cards with and without embedded Smart Card chips
and the City of Delray Beach smart cards. Respondents must
provide the City with the type of Smart Card technology the
proposed machines are capable of accepting. Payment by phone
(cellular or land line) must be included as an upgradeable item.
y
N
E. HOUSING AND PEDESTAL
1 . Respondents shall state the specifications of the pedestals and housings, specifically
including metal thickness, height, width and depth, in inches, and the weight in pounds
of machines (with and without pedestals), tensile strength and gauge of metal.
Respondents must provide a description of their product housing, including materials
and thickness, and how the design secures the unit against attempted theft / vandalism.
- 26-
2. The Respondent shall give a description of the advantage of paint or coating covered
stainless steel compared to raw finish.
3. Provide installation drawings and specifications.
4. Describe how locks can be integrated into each unit in the cash box access doors and
provide your separate price for this item if the City chooses to utilize this feature.
5. Describe how cash collections shall be performed.
6.
7.
8.
9.
10.
11.
12.
Awarded contractor shall securely mount pedestal in a concrete
base, and should only be installed or removed from inside the
housings so that no mechanical fasteners are exposed.
y
N
Confirm that the entire meter mechanism shall be enclosed in a
durable, weather resistant housing constructed of corrosion
resistant non-brittle metal of such thickness as to resist tampering,
graffiti or abuse.
y
N
Paint or coating, if selected, shall be high quality and weather
resistant, and shall provide a tough, scratch-resistant and easily
cleaned surface. Unit must also have a double zinc primer.
y
N
Machine apertures such as, but not limited to, the coin return,
receipt dispenser and card reader must be designed and/or
shielded to discourage vandalism, insertion of foreign material or
other efforts to deliberately jam the unit.
y
N
Aperture design should prevent damage from the insertion of any
type of commercially available pyrotechnic device.
y
N
When installed, meters shall meet all applicable ADA
requirements. All coin and card aperture locations must be
compatible with Americans with Disabilities Act (ADA)
requirements - the centerline of controls shall be no more than 42
inches (1,065 mm) above the pedestrian access route.
y
N
Internal humidity shall be controlled utilizing a fan or other proven
means.
y
N
- 27-
12a. What means does your product provide for internal humidity?
13.
14.
15.
The Housing shall have door alarm sensor set to activate when
the front door is opened 1/8" or more.
Housing includes high security multi-point locking bar. Housing
locks shall be high security locks keyed with a proprietary
combination developed exclusively for City of Delray Beach. All
locks shall be high security locks with anti-drill protection.
Machine housing shall have separate compartments for
maintenance and collections. Separate keys shall be available to
prevent maintenance personnel from accessing the collection area
and vice versa.
y
N
y
N
y
N
16.
17.
18.
19.
20.
There shall be no access to the money in the cash box when the
upper or lower housing is opened for maintenance or collection.
The vendor shall supply two (2) cash boxes with each unit.
The following security measures, although not limited to,
shall be included with each cash box (items 18 - 25):
The cash box shall have a security locked keyed system separate
from the Machine's other compartments.
The cash box shall have a handle for easy handling. Collection
boxes shall be strong, lightweight and manageable.
A closed coin path shall direct coins to drop into a locked cash
box.
y
N
y
N
y
N
y
N
y
N
21.
22.
23.
The collector shall not have access to the coins in the cash box
during the collection process.
Machines will provide a transaction report at the time of collection,
showing date, time and cash box audit amount via wireless two-
way communication and accessible at an Internet web site
password secured to the user level.
Cash box should hold a minimum of $600 worth of assorted U.S.
coins.
y
N
y
N
y
N
- 28-
24. Give description of available colors and materials used, including Materials Safety Data
Sheet (MSDS).
25.
Resistance to corrosion.
y
N
F. DISPLA Y
1. Respondents shall describe the capabilities of the display screen used in their pay
station.
Respondents shall explain language choices available for display and how language(s)
2. are selected.
3.
y
N
Pay station displays shall be backlit.
4.
5.
6.
7.
The unit must have a LED screen with high-resolution display,
which is easy to read in various lighting conditions including bright
sunlight.
y
N
The screen must be protected by a security cover, vandal
resistant, weather proof and corrosion resistant.
y
N
The screen should be modular and easily unplugged and replaced
with basic tools for easy services.
y
N
The display should be able to accommodate custom messages.
y
N
8.
9.
Messages should be updateable through the supplied desktop
software package and downloadable to individual or multiple units
via two-way communication.
y
N
Machine display should include time of day, increments of
payment - amount entered and time purchased and an indication
of total time remaining after the transaction is completed or the
time of day when the amount of time paid for will expire.
y
N
G. ELECTRICAL AND ELECTRONIC COMPONENTS
1.
The sub-assemblies of the meters shall be modular in construction
to provide easy servicing through on-site plug-in replacement of
parts.
y
N
- 29-
Respondents shall explain how unit components are protected from moisture, dust,
lightning, adverse weather, and other factors that might cause an operational failure of a
component or the Machine.
3.
All electronic connection plugs shall be of the best quality.
N
y
4.
5.
6.
All assemblies shall be electronically grounded and compliant with
local codes for electrical/electronic equipment.
y
N
All circuit boards and internal components are to be
environmentally sealed, highly water-resistant and operate in
conditions of over 95% humidity.
y
N
All electronic connection plugs must be physically differentiated
and must only fit one way.
y
N
H. ALARM
1.
2.
Shall have a maximum of 1 DO-decibel local, VibrationfTiltfTamper
alarm installed, with an alarm to PIC, Delray Beach Police
Department Dispatch and automatic alarm paging capabilities.
Alarm shall be programmable up to the 100 decibel level.
y
N
Additional VibrationfTiltfTamper alarm shall include a visual
mechanism, such as a flashing beacon or similar light, on top of
the machine for easy detection.
y
N
3. Respondents may describe other message capabilities that may be available on their
product.
Machines shall be able to send messaaes via wireless for all
of the followina reasons. within 30 seconds of each
occurrence (/terns 4 - 14):
4. Cash box status Y N
5. Alarms (VibrationfTilt) Y N
6. Attempted theft of Machine Y N
7. Machine out of order Y N
8. Open door Y N
- 30-
9. Paper supply low Y N
10. Low battery Y N
11. Power failure Y N
12. Card reader out of order Y N
13. Coin chute jammed Y N
14. Machines must have built-in diagnostics software that records and
stamps date and time of all operations events (warnings, machine
failures, resets, low battery, maintenance functions, etc.) for
reports to the communications center. Y N
I. DEBIT/CREDIT CARD OPERA TION
1. Respondents must identify and itemize all supporting equipment to support in-house
operation and maintenance of a credit/stored value card system.
Respondents must provide a card reader system that
includes the following (Items 2 - 7):
2.
That reads and accepts approved magnetic striped credit/debit
cards with and without embedded Smart Card chips
y
N
3.
Respondents must provide the City with the type of Smart Card
technology the proposed machines are capable of accepting.
y
N
4.
Credit card transaction data shall be real-time and sent to a
remote server for processing as per City of Delray Beach
established communications media.
y
N
5.
If operating in Off-line mode, transactions may be considered
based on software capabilities to set purchase limits.
y
N
6.
Respondents shall also identify the ability to prepare and load lists
of credit/debit cards that the machine will not accept ("black lists")
via City of Delray Beach established communications.
y
N
- 31 -
7. Respondents must provide a number of cards that can be "black listed", and the number
of cards the Machine can store in memory.
Blacklisting Capability #
Storage Capacity #
J. DEB/TICRED/TAND SMART CARD READER
1.
2.
3.
The unit shall contain a dual credit card and smart card reader
capable of reading magnetic stripe, smart EMV Chip Cards.
y
N
N
N
4.
If the card slot is jammed (inoperable), the machine should still
accept payment by coin.
y
Unit card readers shall be equipped with SAMs capable of
accepting multiple smart card schemes, such as MasterCard and
Visa.
y
These programs will include the concept of cooperative use of
cards among pay stations, and single space meters in the City of
Delray Beach.
y
K. COIN ACCEPTOR
1.
2.
3.
4.
The coin acceptor shall be electronically operated and shall
register approximately 98 % of valid coins.
y
N
N
N
N
N
5.
6.
7.
Coin registration should be locally programmable by City of Delray
Beach personnel.
y
N
N
N
As each coin is inserted and passes through the coin acceptor, its
value and time purchased is registered on the display. The
machine shall then record the transaction and secure all coins in a
locked coin compartment.
y
Coin recognition shall include nickels, dimes, quarters, and all
U.S. dollar coins.
y
Rejected coins, foreign coins, slugs shall be immediately returned
via the coin return outlet.
There shall be a prompt means to clear bent coins and counterfeit
material that may jam the coin acceptor.
y
y
Coin acceptor must have an anti-pull back mechanical feature in
coin chute.
y
Machines shall contain (Items 8 - 15J:
- 32-
8. An automatic coin shutter, which will open for coin insertion, but
not for plastic, wood, cloth, and all non-metal objects. The coin
slot shall have means to mitigate the insertion of foreign objects. Y N
9. The coin mechanism shall be able to reject foreign coins and
slugs. y N
10. Machines shall not allow any tampering with its internal functions,
to prevent any time to be given in any manner, other than the
insertion of a valid coin or card. y N
11. Machines shall be able to accept at least 4 different user defined
coins through software parameter change only. Y N
12. Machines shall have a built-in feature that prevents coin and debit
card transactions used for testing purposes from registering in the
total revenue register. y N
13. All coins shall be accepted through a single slot. Y N
14. Removal, replacement, or repair of the coin slot should take less
than two minutes. The coin slot must meet all ADA requirements. Y N
15. If the coin slot is jammed (inoperable), the machine should still
accept credit or smart card forms of payment. Also to include
phone payment if and when upgraded. y N
L. PRINTER AND RECEIPT PAPER
1. Meters shall utilize thermal printers (no ribbons) with limited
moving parts and with immediate access for cleaning the paper
path. y N
2. The printer shall be easily removed for servicing. Y N
3. Printer intensity should be adjustable. Y N
4. The printer should utilize thermal paper capable of not turning
black. y N
5. Receipt paper shall be a continuous single roll or stack of direct
thermal printed-paper. y N
6. Receipts shall print within ten seconds and shall have a high
degree of quality and legibility. They must remain legible after
remaining inside a vehicle in direct sunlight and heat for 24 hours. Y N
- 33-
7. Respondents shall state the approximate number of customer transactions per roll or
stack of receipt paper.
#
8.
N
Receipts shall be available with custom printing/graphics.
y
M. TRANSACTION STORAGE AND PROCESSING
1.
All transactions shall be stored in a password protected secure
SOL database file format with authorized user import/export
capability.
y
N
2. With a minimum of 128 encryption, respondents shall state any methods of encryption
or other security measures taken to meet the minimum of 128 encryption.
3.
Transactions shall be tracked and identified via sequentially
numbered series.
y
N
4.
5.
Transactions, diagnostic data and security access exceptions
shall be stored in separate and protected memory areas in
nonvolatile memory. This data shall not be manipulated with
system software.
y
N
N
6.
7.
8.
System power loss shall not cause the loss of transaction history.
y
Respondents shall state the average number of transactions
capable of being held in memory before overrun occurs.
y
Transaction history shall include individual, hourly, daily and
monthly transactional history reports.
y
The system shall utilize a minimum of three transaction-
processing modes, on-line, networked, and off-line.
y
N. REAL-TIME CLOCK
1.
2.
3.
The meters shall be equipped with a programmable time of day
clock that is accurate to 30 seconds per month.
y
The clock shall operate continuously and shall also track the year,
month, day, and day of the week.
y
The meters shall automatically adjust for daylight savings time
according to Eastern Standard Time (this feature shall be
programmable and may be turned off if necessary).
y
- 34-
N
N
N
N
N
N
4.
The clock will remain operational during battery changes and
power losses.
y
N
O. POWER MANAGEMENT
1.
Respondents shall state the following:
a. Solar and/or AC Machines run primarily on battery, and solar
and/or AC is used to charge the battery.
y
N
b. Solar and AC Machines run primarily on solar and/or AC, and
the battery is the backup power source.
y
N
c. The solar powered machine must have the capability to
complete at least two hundred (200) transactions per day
without requirement to recharge the battery.
y
N
2.
Machines shall have the capabilities to run on 110-120VAC at 60
Hz and solar.
y
N
3. Respondents shall state battery configuration (type, size, voltage, location and number),
normal battery field life and expected transactions when running on battery only.
TYPE
SIZE
VOLTS
LOCATION
NUMBER
P. REPORTS
1. Desktop reports shall be available to system managers by form fill
queries or simple queries. y N
2. The reports software should provide report capability on all
information gathered. y N
Report properties shall be user definable. They shall contain
the following (Items 3 - 26):
3. Cumulative totals of all cash and card transactions Y N
4. All alarms Y N
5. All Maintenance transactions Y N
- 35-
6. Maintenance activity by location number Y N
7. Maintenance activity and operational status Y N
8. Maintenance activity by type Y N
9. Date and time of collection Y N
10. Identity of collector or technician Y N
11. Machine identification (programmable by City) Y N
12. Machine location Y N
13. Sequential collection number Y N
14. Total amount of money in the collection Y N
15. Total card usage Y N
16. Total cash in coin container Y N
17. Revenue by location number Y N
18. Revenue by collection area Y N
19. Revenue by maintenance route Y N
20. Total number of receipts issued Y N
21. Total number, value, and type (credit card and/or stored value
card) of card transactions. y N
22. User log on history and activities Y N
23. Exception report for units not repaired Y N
24. Operational status by unit Y N
25. Daily collection report with location numbers and audit Y N
26. Exception report for units not collected Y N
- 36-
Q. COMMUNICA nON/SYSTEM MANAGEMENT SOFTWARE (WIRELESS)
1. Respondents must describe, in detail, its plan for pay station auditing, and reconciliation
procedures that track electronic revenues (magnetic stripe and/or smart card) to and
from the pay station to the financial clearinghouse.
2. Respondents must describe, in detail, all of the equipment they propose to use and the
security measures employed to protect data access and integrity.
3. Respondents shall explain, in detail, how their wireless t:.No-way communication system
works, including technical (components, frequency, etc) and practical (on line, real time
status) elements and identify all costs per Multi-Space meter to the City.
4. Respondents shall explain average time of repair and audit transactions, under normal
operating conditions, for wireless, t:.No-way and hand held communication.
5.
6.
7.
Machines shall be capable of wireless two-way communication to
other machines and a remote communication center to transmit
financial and activity reports and unit status.
y
N
The clearinghouse system must conform to International
Standards Organization (ISO) standards for authorization
messages.
y
N
Access to City of Delray Beach data shall be secured, at a
minimum, by password protection and shall include multi-
level access control.
y
N
8.
9.
All databases shall be 2000 compliant and run on Microsoft SOL
Server. The soft:.Nare must supply reports for revenue,
maintenance, and/or space usage.
y
N
Information that must be transmitted includes, but is not
limited to (Items 9 -11):
Cash box status (lower limit warning when coins reach a
programmable amount and an upper limit warning when the
Machine shuts down)
y
N
- 37-
10. Alarms (attempted theft of machines, machine out of order, door
open, low on paper, out of paper, etc.) Y N
11. Management data consisting of purchase of time (occupancy),
time bought intervals (duration), type of transactions (coin and
card with amounts paid) etc. y N
Machines shall (Items 12 -16):
12. Retain financial information even after transmission to ensure no
loss of data. y N
13. It shall record and store the number of valid coin and card
transactions and shall be accurate to 98% of actual deposits. Y N
14. Transmit data to remote communication center cash box status
management data (occupancy, duration, etc.) Y N
15. Make multiple attempts if reception of the transmission is not
confirmed by the communications center Y N
16. Contain sufficient memory to store transmitted data (bad card list,
etc) y N
The communication center shall (Items 17 - 20):
17. Make multiple attempts if card payment does not clear Y N
18. Transmit expired/invalid card lists to units via two-way
communication y N
The software will facilitate the management of communications,
19. rates, maintenance, collections and audit functions. y N
20. Group units for common messaging
- assign machines to predetermined groupings y N
- parades and other community events y N
R. SYSTEM MANAGEMENT SOFTWARE
1. State all Methods of Encryption and other software security features.
- 38-
2. Machines must be fully programmable. Field programming is to
be accomplished by City of Delray Beach staff, using any of the
following for all parameter changes:
3.
4.
. EPROM replacement
. Wireless two way transmission
. Hand held using a standard serial port and PDOT IR protocol
The System management software shall be configurable in a
single-station and networked fashion.
It should be convenient, and easy to use.
y
y
y
y
y
N
N
N
N
5.
N
6.
7.
8.
9.
Data stored in the software package shall be designed to allow for
the easy import and export of all necessary data to fully integrate
the system into other data base systems.
These and all features of the software must be password
controlled with access levels assigned by City of Delray Beach
designated System Administrator.
The System Host/Desktop Management Software shall
include the following features (Items 7 - 39):
Allow user to select options at the end of a rate period to include;
allow/not allow purchase of time exceeding the shift/rate
maximum, allow/not allow purchase of time elapsed at the end of
a rate/shift period, allow/not allow user to purchase time through a
specified shift down time at no charge, allow/not allow purchase of
time through a closed day at no charge.
Allow the user to select the rate for each individual day and have
the ability to designate a day closed, or "free parking" day.
Allow user to configure a secondary daily rate structure to be
activated by a specified day.
10.
Allow time to be purchased at a minimum of 15-minute blocks or
by the minute.
y
y
y
y
y
y
y
N
N
N
N
N
N
N
11.
Include at least 6 rate tables for editing.
y
N
12.
Include a minimum of 3 shifts per rate table.
- 39-
13.
14.
Rate tables that allow user to select from the following options;
select the time of day that each individual shift will begin, set the
maximum amount of money that will be accepted in a given shift,
set the expire time of a given shift, allow the purchase of multiple
days, allow multiple day purchases to be either 24 hours from
purchase date or 24 hours from expired time of a shift, allow for a
period of time during a shift that the system will shut down, able to
set a per minute rate, able to select the number of 15 minute
blocks per hour and the rate to be charged for the 15 minute
blocks, and is able to automatically print a receipt.
Allow rates to be edited by the hour.
y
N
y
N
y
N
15.
Allow a minimum time purchase to be set.
y
N
16.
Configure length of time the audible alarm will sound.
y
N
17.
Set the start of a day.
y
N
18.
Allows for an option to print/not print receipts.
y
N
19.
Set a maximum number of tickets to be sold in a day.
y
N
20.
Set the maximum amount of money that will be accepted.
y
N
21.
Select what to do during a printer error.
22.
Set/modify credit card parameters to include: Enable/not enable
credit/debit cards, accept/not accept American Express,
MasterCard and Visa, accept/not accept a credit card when off-
line, set minimum/maximum credit amounts and set a default
amount.
y
N
23.
24.
Accommodate a minimum of 150 spaces per machine (if used in
pay-by-space mode).
Vary rates by stall range.
y
N
y
N
25.
26.
Set an expiration window to show expired/going to expire stalls,
on enforcement reports.
Set an enforcement access code.
y
N
y
N
y
N
27.
Set an inactivity time-out for the backlight/overhead light.
y
N
28.
Modify the printed receipts.
- 40-
29.
Set an "out of service" phone number.
y
N
N
30.
Preset charge for special rates.
y
31.
32.
Does not allow for user manipulation of audit historical data
without an audit trail of manipulation.
Allow rates to be edited by the hour.
y
y
N
N
N
33
Allow a minimum time purchase to be set.
y
34.
35.
36.
37.
All remote programming must be allowed using standard
communication protocol.
Machines must have built-in diagnostic software that records
dates and "time stamps" all operations events (unit failures,
resets, low battery, etc) for reports to the command center.
Upon cycling through the diagnostic mode, Machines shall be able
to update the display status; display appropriate messages, and
send diagnostic reports to the communication center.
Self-diagnostic mode shall be interrupted if a higher priority
task is queued (a customer at the unit paying for parking has
the highest priority). Self-diagnostic results can optionally be
sent to the communication center.
y
y
y
y
N
N
N
N
38.
39.
The system will report the status of each machine to a central
server indicating status and alarm conditions (maintenance needs
and out-of-order conditions). The communications system shall
also provide real-time notification of collections, maintenance,
alarms, revenues, and individual patron transactions to the City of
Delray Beach.
City of Delray Beach shall be able to modify rates and hours of
operation via the communication software and upload this new
configuration to individual meters or any combination of networked
meters.
y
y
N
N
The system communications software shall include the following
features( Items 40 - 59):
40.
41.
Be adequately secure for transmission of Credit Card data and
password protected.
Communications software includes the following options, dial
modem, hang-up modem, and wait for call, receive/send audit
commands and lot functions.
y
y
N
N
- 41 -
42.
N
Accesses to vital communications areas are password protected.
y
43.
44.
All system phone numbers are held in a phone directory for ease
of accessing phone numbers.
Has the ability to hang up the modem via the communications
software.
y
y
N
N
N
45.
Able to set software to await incoming calls from a remote site.
y
46.
47.
48.
49.
50.
51.
52.
Able to process all transactions, and backup, exception log,
diagnostics.
Records security information to include: - Door open/door closed,
"Cash container in", "cash container out". Date, time and machine
number is recorded with each entry.
Maintain a log of all transactional events. The log information
includes: Individual purchases, receipt numbers generated, power
outages, system restarts.
Communications software is able to receive processor
configuration tables.
Communications software is able to set and send configuration
tables and diagnostic levels.
Communications software is able to send a bad credit card file to
update credit/debit cards that are to be rejected.
Communications software is able to set the date and time.
y
y
y
y
y
y
y
N
N
N
N
N
N
N
53.
N
Communications software is able to add time to a selected stall.
y
54.
Communications software is able to check the status of a selected
stall.
y
N
55.
56.
57.
Communications software is able to view network status and
indicate which terminals are currently on-line or off-line.
Communications software is able to remotely monitor the following
areas: status, cash box, audit, power, and version.
Communications software is able to view the current audit totals
and current grand totals to include: cash, credit, cash card and
overpayment.
- 42-
y
y
y
N
N
N
58.
59.
Communications software is able to view the current status of the
following items:
a. Coin Acceptor: "enabled"l"disabled" and "jammed"l"not
jammed"
b. Card Reader: "present"/:"not present"
c. Cash Container: "installed"l"not installed"
d. Door: "open"l"closed"
e. Lock: "open"/"c1osed"
f. Power status
g. Alarms
y
N
Communications software is able to alert users to alarms via
beeper.
y
N
S. PRICE LIST/COMPONENTS
1. Respondents shall provide to the City of Delray Beach a schedule of individual
component pricing, including a pricing discount on all maintenance and repair materials,
parts and supplies, and a residual value on modular components returned for repair or
remanufacture. This pricing is for additional components for future repairs, etc.- not
components required for initial product offered, and may be factored into award criteria
cost considerations.
2.
Machines shall have internal components designed as
interchangeable modular parts.
y
N
3. Respondents shall explain what tools, if any, are needed to replace modular
components.
4.
All replacement components shall be readily available from a local
distributor. In the event that the local distributor is temporarily out
of any component, additional components shall be available within
twenty-four (24) hours.
y
N
T. MAINTENANCE
1.
2.
Machines shall be constructed so that individual components can
be easily removed and sub-assemblies be changed without major
dismantling.
y
N
Respondent should provide training on the procedures of
changing and replacing sub-assemblies.
y
N
- 43-
3. Describe procedures of changing and replacing of sub-assemblies. Training that your
company will provide at no additional charge:
4.
y
N
Modules shall be replaced with minimum use of tools.
5.
Respondent shall provide full training of software application and
usage to City of Delray Beach maintenance/administrative staff.
y
N
5a. Describe software application and usage training that your company will provide at
no additional charge:
u. DELIVERY AND INSTALLA TION
1.
2.
Delivery shall be made to the designated address within sixty (60)
calendar days following execution of the contract.
y
N
Installation shall be completed by the successful Respondent
within fifteen (15) days following delivery of the units or as
specified by the City of Delray Beach and shall be closely
coordinated with City of Delray Beach.
y
N
3. Respondents shall include a description of any pre-installation and/or installation work
to be completed by City of Delray Beach.
4.
Packaging and shipment shall be the responsibility of the
manufacturer.
y
N
5.
In the event that the delivery and/or installation of units are not
completed according to City of Delray Beach specifications -
and agreed upon schedule, City of Delray Beach will impose
liquidated damages in the amount of Five Hundred dollars
($500) per unit per day for multi-space units and Fifty dollars
($50) per unit per day for single space meters. These charges
are intended to act as an incentive for the Contractor to perform
in full compliance with the specifications. Acknowledgment and
agreement is given by both parties that the amount herein above
set is not intended to be, nor shall be deemed to be, in the
nature of a penalty.
y
N
- 44-
6.
Proposals shall include freight and be FOB destination.
y
N
V. SYSTEM IMPLEMENT A TION
1.
The system shall include all hardware and software required for
communicating with, programming or monitoring any of the
supplied units. It is the Respondent's responsibility to incorporate
all of the above and to establish the communications between the
units and the communications center.
y
N
2. The wireless two-way communication system may be provided directly by the vendor or
in partnership with a wireless system vendor. Respondents shall explain how the entire
system will be deployed and who is responsible for maintaining the various components.
~ TRAINING
1. The successful Respondent shall provide, at no additional charge, a
minimum of eighty (80) hours of training at a designated City of
Delray Beach Facility(ies) for each City designated employee to
develop expertise in the maintenance, repair and use of their
product, including, but not limited to:
1. Installation
2. Maintenance
3. Troubleshooting repairs
4. Operations - programming, inventory
5. Collections
y
N
2. Respondents shall provide a thorough outline of the training content and provide a
training schedule for both software and hardware. The schedule shall include periodic
refresher training (continuing education) including, but not limited to, emphasis on
particular areas of the City of Delray Beach choice and upgrades of software and/or
hardware. All operating manuals that support installation, maintenance and user
information complete with wiring diagrams and specifications shall be in English.
This must be provided at no additional charge.
Y N
- 45-
X.WARRANTY
1.
Respondents must guarantee, for a period of two (2) years from the
date of installation, to repair and/or replace any part or modular
component determined to be defective in material or workmanship
under normal use and service at no additional cost to the City of
Delray Beach. Respondents shall also provide the City of Delray
Beach, free of charge, with any new software releases for a period
of two (2) years.
y
N
Y. VARIANCES TO TECHNICAL SPECIFICA TIONS LISTED
ABOVE
Items not included in your proposal - Discuss / explain any requirements of the RFP
that are not included in your proposal. - All items that were responded to by circling N
MUST BE explained here (To be indexed by page, section, and question number and
submitted in the order listed)
Other Standards Used:
List in detail, any additional standards and/or practices that you consider worthy of
consideration by the Evaluation Committee in evaluating your proposal.- Indicate any
additional features that your product has that may not be indicated above, or any
additional enhancements to requirements we may have listed above (To be indexed
and submitted in the order listed).
END OF SECTION
- 46-
SECTION II. PROPOSAL FOR ELECTRONIC SINGLE SPACE PARKING
METERS (Please answer all of the following. If a requirement is not applicable to
the type if technology being offered, answer "N" and provide justification in
Section Y)
Complies With
Specification
Requirements
(circle "Y" for yes
and "N" for no)
INSTRUCTIONS: Provide a response to each of the following questions
A.GENERAL
1.
2.
3.
Respondent shall use a local distributor to provide support for
initial installation, training, parts and warranty service. "Local" is
defined as close enough to the City of Delray Beach to provide
twenty-four (24) hour responses to software and hardware
requests without reQuestinQ travel reimbursement
Y
N
Machines must remain fully functional in abnormal street
conditions such as excessive heat (Internal Operating
Temperature of 0 of to 140 OF), humidity, rain, hail, grime,
vibrations, saltwater spray, sand, etc.
Y
N
All machines shall be constructed with new and unused, rugged
materials and meet "Year 2000" compliance requirements.
Y
N
5. Respondent must describe, in detail, all of the equipment they propose to use.
6. If applicable, respondent must also describe in detail its plan for auditing and
reconciliation procedures that track electronic revenues from the meter to the financial
clearinghouse or network. The clearinghouse system must conform to International
Standards Organization (ISO) standards for authorization messages. The ISO standards,
as amended from time to time, are deemed as being incorporated by reference herein.
All electronic processing must utilize a SSL gateway and provide at a minimum 128 data
encryption and conform to all Visa and MasterCard requirements.
7.
8.
The vendor must have a toll free support number for
troubleshooting both software and hardware.
Y
N
Any software and hardware backups needed shall be available
within twenty-four (24) hours.
Y
N
- 47-
9.
For newly installed units, the City of Delray Beach personnel
reserves the right to install the base and the local distributor will
supply a fully operational pay-station at the City of Delray Beach
selected location. City of Delray Beach will take possession of
new units at the point of installation or other site as determined by
the City of Delray Beach.
y
N
B. BASIC SYSTEM REQUIREMENT
1.
The software will facilitate the management of rates, maintenance,
collections and audit functions.
y
N
2. What type of batteries are required for your product?
3.
4.
A separate backup battery must be supplied to sustain the clock,
calendar and audit information in the event of a main battery
failure or during battery replacement.
y
N
Meters shall display specific 'out of order' conditions and
should operate with the malfunctioning status, until serviced.
y
N
C. CURRENCY ACCEPTED
1.
Please describe all forms of payment accepted by the meters.
Meters must accept US currency in denominations of, nickels,
dimes, quarters, "SBA" and "Gold" dollar coins, Respondents must
provide the City with the type of Smart Card technology the
proposed machines are capable of accepting. Payment by phone
(cellular or land line) must be included as an upgradeable item.
y
N
1.a. Meters must accept US currency in denominations of,
nickels, dimes, quarters, "SBA" and "Gold" dollar coins.
y
N
1.b. Meters shall accept City of Delray Beach smart cards.
Respondents must provide the City with all types of Smart Card
technology the proposed meters are capable of accepting.
y
N
1.c. Meters shall accept magnetic striped credit/debit cards with
and without embedded Smart Card chips.
y
N
D. HOUSING AND PEDESTAL
- 48-
1. Respondents shall state the specifications of the mounting type and housings,
specifically including metal thickness, height, width and depth, in inches, tensile
strength and gauge of metal. Respondents must provide a description of their product
housing, including materials and thickness, and how the design secures the meter
against attempted theft I vandalism.
2. The Respondent shall give a description of the advantage of paint or coating covered
stainless steel compared to raw finish.
3. Provide installation drawings and specifications.
4. Describe how locks can be integrated into each meter in the cash box access and
provide your separate price for this item if the City chooses to utilize this feature.
5. Describe how cash collections shall be performed.
6.
7.
8.
9.
Confirm that the entire meter mechanism shall be enclosed in a
durable, weather resistant housing constructed of corrosion
resistant non-brittle metal of such thickness as to resist tampering,
graffiti or abuse.
y
N
Paint or coating, if selected, shall be high quality and weather
resistant, and shall provide a tough, scratch-resistant and easily
cleaned surface. Unit must also have a double zinc primer.
y
N
When installed, meters shall meet all applicable ADA
requirements. All coin and card aperture locations must be
compatible with Americans with Disabilities Act (ADA)
requirements - the centerline of controls shall be no more than 42
inches (1,065 mm) above the pedestrian access route.
y
N
Internal humidity shall be controlled utilizing a fan or other proven
means.
y
N
9.a. What means does your product provide for internal humidity?
- 49-
10. Housing and coin box locks shall be high security locks keyed
with a proprietary combination developed exclusively for City of
Delray Beach. All locks shall be high security locks with anti-drill
protection. y N
11. There shall be no access to the money in the cash box when the
upper or lower housing is opened for maintenance or collection. Y N
The following security measures, although not limited to,
shall be included with each cash box (items 12 - 19):
12. The cash box shall have a security locked keyed system separate
from the Machine's other compartments. y N
13. A closed coin path shall direct coins to drop into a locked cash
box. y N
14. The collector shall not have access to the coins in the cash box
during the collection process. y N
15. Give description of available colors and materials used, including Materials Safety Data
Sheet (MSDS).
16.
Resistance to corrosion.
y
N
17. Please provide the capacity (dollar amount), in assorted US
coins the meters are capable of holding.
E. DISPLA Y
1 . Respondents shall describe the capabilities of the display screen used in their meter for
both customers and Parking Enforcement purposes.
2. All Meter displays shall be backlit. Y N
3. The meter must have a LED screen with high-resolution display,
which is easy to read in various lighting conditions including bright
sunlight. y N
4. The screen must be protected by a security cover, vandal
resistant, weather proof and corrosion resistant. y N
- 50-
5.
The screen should be modular and easily unplugged and replaced
with basic tools for easy services.
y
N
F. ELECTRICAL AND ELECTRONIC COMPONENTS
1.
The sub-assemblies of the meters shall be modular in
construction to provide easy servicing through on-site plug-in
replacement of parts.
y
N
2. Respondents shall explain how meter components are protected
from moisture, dust, lightning, adverse weather, ocean
environment, sand and other factors that might cause an
operational failure of a component or the Machine.
3.
y
N
All electronic connection plugs shall be of the best quality.
4.
5.
6.
All assemblies shall be electronically grounded and compliant with
local codes for electrical/electronic equipment.
y
N
All circuit boards and internal components are to be
environmentally sealed, highly water-resistant and operate in
conditions of over 95% humidity.
y
N
All electronic connection plugs must be physically differentiated
and must only fit one way.
y
N
G. DEBIT/CREDIT AND SMART CARD OPERA TION
1. If applicable, respondents must identify and itemize all supporting equipment to support
in-house operation and maintenance of a credit/stored value card system.
2.
3.
The unit shall contain a dual credit card and smart card reader
capable of reading magnetic stripe, smart EMV Chip Cards.
y
N
If the card slot is jammed (inoperable), the machine should still
accept payment by coin.
y
N
If providing meters that accept credit/debit cards
respondents must provide a card reader system that includes
the following (Items 4 - 11):
4.
y
That reads and accepts approved magnetic striped credit/debit
cards with and without embedded Smart Card chips
N
- 51 -
5.
Unit card readers shall be equipped with SAMs capable of
accepting multiple smart card schemes, such as MasterCard and
Visa.
y
N
6.
7.
8.
9.
10.
These programs will include the concept of cooperative use of
cards among pay stations, and single space meters in the City of
Delray Beach.
y
N
Respondents must provide the City with the type of Smart Card
technology the proposed meters are capable of accepting.
y
N
Credit card transaction data shall be real-time and sent to a
remote server for processing as per City of Delray Beach
established communications media.
y
N
If operating in Off-line mode, transactions may be considered
based on software capabilities to set purchase limits.
y
N
Respondents shall also identify the ability to prepare and load lists
of credit/debit cards that the meter will not accept ("black lists") via
City of Delray Beach established communications.
y
N
Respondents must provide a number of cards that can be "black listed", and the number
11. of cards the Machine can store in memory.
Blacklisting Capability #
Storage Capacity #
H. COIN ACCEPTOR
1. The coin acceptor shall be electronically operated and shall
register approximately 98 % of valid coins. y N
2. Coin registration should be locally programmable by City of Delray
Beach personnel. y N
3. As each coin is inserted and passes through the coin acceptor, its
value and time purchased is registered on the display. The meter
shall then record the transaction and secure all coins in a locked
coin compartment. y N
4. Coin recognition shall include nickels, dimes, quarters, and all
U.S. dollar coins. y N
5. Foreign coins, slugs shall not register time. Y N
- 52-
6. There shall be a prompt means to clear bent coins and counterfeit
material that may jam the coin acceptor. y N
7. Coin acceptor must have an anti-pull back mechanical feature in
coin chute. y N
8. Meters shall not allow any tampering with its internal functions, to
prevent any time to be given in any manner, other than the
insertion of a valid coin or card. y N
9. All coins shall be accepted through a single slot. Y N
10. Removal, replacement, or repair of the coin slot should take less
than two minutes. The coin slot must meet all ADA requirements. Y N
11. If the coin slot is jammed (inoperable), the meter should still
accept credit or smart card forms of payment. Also to include
phone payment if and when upgraded. y N
I. TRANSACTION STORAGE AND PROCESSING
1. All transactions shall be stored in a password protected secure
SOL database file format with authorized user import/export
capability. y N
2. With a minimum of 128 encryption, respondents shall state any methods of encryption
or other security measures taken to meet the minimum of 128 encryption.
3.
Transactions shall be tracked and identified via sequentially
numbered series.
y
N
4.
Transactions, diagnostic data and security access exceptions
shall be stored in separate and protected memory areas in
nonvolatile memory. This data shall not be manipulated with
system software.
y
N
5.
System power loss shall not cause the loss of transaction history.
y
N
6.
Respondents shall state the average number of transactions
capable of being held in memory before overrun occurs.
y
N
7.
Transaction history shall include individual, hourly, daily and
monthly transactional history reports.
y
N
- 53-
J. REAL-TIME CLOCK
1.
2.
3.
4.
The meters shall be equipped with a programmable time of day
clock that is accurate to 30 seconds per month.
y
N
N
N
N
The clock shall operate continuously and shall also track the year,
month, day, and day of the week.
y
The meters shall automatically adjust for daylight savings time
according to Eastern Standard Time (this feature shall be
programmable and may be turned off if necessary).
The clock will remain operational during battery changes and
power losses.
y
y
K. POWER MANAGEMENT
3. Respondents shall state battery configuration (type, size, voltage, location and number),
normal battery field life and expected transactions completed.
TYPE
SIZE
VOLTS
LOCATION
NUMBER
L. REPORTS
1.
2.
Desktop reports shall be available to system managers by form fill
queries or simple queries.
y
N
N
3.
N
The reports software should provide report capability on all
information gathered.
y
4.
Report properties shall be user definable. They shall contain
the following (Items 3 - 24):
Cumulative totals of all cash and card transactions
y
N
5.
N
All Maintenance transactions
y
Maintenance activity by location number
y
- 54-
6. Maintenance activity and operational status Y N
7. Maintenance activity by type Y N
8. Date and time of collection Y N
9. Identity of collector or technician Y N
10. Machine identification (programmable by City) Y N
11. Machine location Y N
12. Sequential collection number Y N
13. Total amount of money in the collection Y N
14. Total card usage Y N
15. Total cash in coin container Y N
16. Revenue by location number Y N
17. Revenue by collection area Y N
18. Revenue by maintenance route Y N
19. Total number, value, and type (credit card and/or stored value
card) of card transactions. y N
20. User log on history and activities Y N
21. Exception report for units not repaired Y N
22. Operational status by unit Y N
23. Daily collection report with location numbers and audit Y N
24. Exception report for units not collected Y N
- 55-
M. COMMUNICA TlON/SYSTEM MANAGEMENT SOFTWARE (WIRELESS)
(IF APPLICABLE PLEASE ANSWER 1 -10)
1. Respondents must describe, in detail, its plan for pay station auditing, and reconciliation
procedures that track electronic revenues (magnetic stripe and/or smart card) to and
from the pay station to the financial clearinghouse.
2. Respondents must describe, in detail, all of the equipment they propose to use and the
security measures employed to protect data access and integrity.
3. Respondents shall explain, in detail, how their wireless two-way communication system
works, including technical (components, frequency, etc) and practical (on line, real time
status) elements and identify all costs per meter to the City.
4. Respondents shall explain average time of repair and audit transactions, under normal
operating conditions, for wireless, two-way and hand held communication.
5.
6.
The clearinghouse system must conform to International
Standards Organization (ISO) standards for authorization
messages.
y
N
Access to City of Delray Beach data shall be secured, at a
minimum, by password protection and shall include multi-level
access control.
y
N
7.
8.
9.
10.
All databases shall be 2000 compliant and run on Microsoft SOL
Server. The software must supply reports for revenue,
maintenance, and/or space usage.
y
N
Management data consisting of purchase of time (occupancy),
time bought intervals (duration), type of transactions (coin and
card with amounts paid) etc.
y
N
It shall record and store the number of valid coin and card
transactions and shall be accurate to 98% of actual deposits.
y
N
Contain sufficient memory to store transmitted data (bad card list,
etc)
y
N
- 56-
N. SYSTEM MANAGEMENT SOFTWARE
1 . State all Methods of Encryption and other software security features.
2. Machines must be fully programmable. Field programming is to
be accomplished by City of Delray Beach staff, using any of the
following for all parameter changes:
. EPROM replacement y N
. Wireless two way transmission y N
. Hand held using a standard serial port and PDOT IR protocol Y N
3. It should be convenient, and easy to use. Y N
4. Data stored in the software package shall be designed to allow for
the easy import and export of all necessary data to fully integrate
the system into other data base systems. y N
5. Allow time to be purchased at a minimum of 6-minute blocks
or by the minute. y N
O. PRICE LIST/COMPONENTS
1 . Respondents shall provide to the City of Delray Beach a schedule of individual
component pricing, including a pricing discount on all maintenance and repair materials,
parts and supplies, and a residual value on modular components returned for repair or
remanufacture. This pricing is for additional components for future repairs, etc.- not
components required for initial product offered, and may be factored into award criteria
cost considerations.
2.
Meters shall have internal components designed as
interchangeable modular parts.
y
N
3. Respondents shall explain what tools, if any, are needed to replace modular
components.
- 57-
4.
All replacement components shall be readily available from a local
distributor. In the event that the local distributor is temporarily out
of any component, additional components shall be available within
twenty-four (24) hours.
y
N
P. MAINTENANCE
1.
2.
Machines shall be constructed so that individual components can
be easily removed and sub-assemblies be changed without major
dismantling.
y
N
Respondent should provide training on the procedures of changing
and replacing sub-assemblies.
y
N
3. Describe procedures of changing and replacing of sub-assemblies. Training that your
company will provide at no additional charge:
4.
y
N
Modules shall be replaced with minimum use of tools.
5.
Respondent shall provide full training of software application and
usage to City of Delray Beach maintenance/administrative staff.
y
N
5a. Describe software application and usage training that your company will provide at
no additional charge:
Q. DELIVERY AND INSTALLA TION
1.
2.
Delivery shall be made to the designated address within sixty (60)
calendar days following execution of the contract.
y
N
Installation shall be completed by the successful Respondent
within fifteen (15) days following delivery of the units or as
specified by the City of Delray Beach Parking Services and shall
be closely coordinated with City of Delray Beach.
y
N
3. Respondents shall include a description of any pre-installation and/or installation work
to be completed by City of Delray Beach.
4.
Packaging and shipment shall be the responsibility of the
manufacturer.
y
N
- 58-
5.
In the event that the delivery and/or installation of units are not
completed according to City of Delray Beach specifications -
and agreed upon schedule, City of Delray Beach will impose
liquidated damages in the amount of Fifty dollars ($50) per unit
per day. These charges are intended to act as an incentive for
the Contractor to perform in full compliance with the
specifications. Acknowledgment and agreement is given by
both parties that the amount herein above set is not intended to
be, nor shall be deemed to be, in the nature of a penalty.
y
N
6.
y
Proposals shall include freight and be FOB destination.
N
R. SYSTEM IMPLEMENT A TION
1.
The system shall include all hardware and software required for
communicating with, programming or monitoring any of the
supplied units. It is the Respondent's responsibility to incorporate
all of the above and to establish the communications between the
units and the communications center.
y
N
2. The wireless two-way communication system may be provided directly by the vendor or
in partnership with a wireless system vendor. Respondents shall explain how the entire
system will be deployed and who is responsible for maintaining the various components.
s. TRAINING
1 . The successful Respondent shall provide, at no additional charge, a
minimum of eighty (80) hours of training at a designated City of
Delray Beach Facility(ies) for each City designated employee to
develop expertise in the maintenance, repair and use of their
product, including, but not limited to:
6. Installation
7. Maintenance
8. Troubleshooting repairs
9. Operations - programming, inventory
10. Collections
y
N
- 59-
2. Respondents shall provide a thorough outline of the training content and provide a
training schedule for both software and hardware. The schedule shall include periodic
refresher training (continuing education) including, but not limited to, emphasis on
particular areas of the City of Delray Beach choice and upgrades of software and/or
hardware. All operating manuals that support installation, maintenance and user
information complete with wiring diagrams and specifications shall be in English.
This must be provided at no additional charge.
T. WARRANTY
1.
Respondents must guarantee, for a period of two (2) years from the
date of installation, to repair and/or replace any part or modular
component determined to be defective in material or workmanship
under normal use and service at no additional cost to the City of
Delray Beach. Respondents shall also provide the City of Delray
Beach, free of charge, with any new software releases for a period
of two (2) years.
y
N
u. VARIANCES TO TECHNICAL SPECIFICA TIONS LISTED
ABOVE
Items not included in your proposal - Discuss / explain any requirements of the RFP
that are not included in your proposal. - All items that were responded to by circling N
MUST BE explained here (To be indexed by page, section, and question number and
submitted in the order listed)
Other Standards Used:
List in detail, any additional standards and/or practices that you consider worthy of
consideration by the Evaluation Committee in evaluating your proposal.- Indicate any
additional features that your product has that may not be indicated above, or any
additional enhancements to requirements we may have listed above (To be indexed
and submitted in the order listed).
END OF SECTION
- 60-
SECTION III. PROPOSAL FOR ALTERNATIVE METHODS: Please provide any
alternative methods proposed for the collection of parking fees on Ocean
Boulevard (SR A1A):
Please provide any alternatives for the collection of parking fees other than
outlined in Sections I and II. Please provide detailed information on the proposed
methodology for the collection of parking fees including but not limited to the
following:
1. Collection of fees
2. Securing of revenue
3. Collection methods
4. Payment options
5. Audit capabilities
6. Required equipment (if any)
Please review Sections I and II and respond to all applicable requirements which
will be incorporated into the proposal (Please index these items by Section and
item numbers).
- 61 -
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POLICE LEGAL ADVISOR
MEMORANDUM
To:
The City Commission
David Harden, City Manager
Catherine M. Kozol, / /
Police Legal AdvisoV---
From:
Date:
October 13, 2006
Re:
Lion Television - City of Delray Beach
Access Agreement for Filming of SWAT USA
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Attached please find an original and three copies of the Agreement
between City of Delray Beach and Lion Television for access to the Police
Department and SWAT Unit for the filming of the television show, SWAT USA.
The purpose of this Agreement is to allow Lion Television to follow and film the
SWAT T earn in their daily activities to the extent the law permits. Lion in return
will allow the City the right to review the completed film before airing and will also
allow the City to re-use their segment of the film for internal purposes without
copyright infringement.
It would be appreciated if this Agreement can be placed on the Consent
Agenda. Would you kindly return two originals to me so that I can forward one
original back to lion Television.
If you have any questions, please do not hesitate to call me.
lath
cc with Encs.
Chevelle Nubin, City Clerk
Chief J. Schroeder
Susan Ruby, City Attorney
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Access Agreement
This Agreement dated this _ day of October, 2006 by and Between the City of Delray
Beach, a municipal corporation in the State of Florida hereinafter referred to as the "City" and lion
Television Limited hereinafter referred to as "Lion" for collaboration with "Lion" in the production of a
television series (currently proposed to comprise 12 x 30 minute programs provisionally entitled
SWAT USA (the "Series") which Lion proposes to produce for broadcast by Court TV and other
broadcasters hereinafter referred to as the "Broadcaster".
1. ACCESS:
1.1 "City" hereby grants to Lion the right for lion personnel (together with equipment) to
enter the Police Department premises located at 300 West Atlantic Avenue, De/ray
Beach, Florida (the "Property") as long as "Lion" is accompanied with authorized "City"
personnel, proper identification, and an authorized departmental Identification badge
supplied by the .City" on a daily basis. Lion agrees to provide and maintain a list of
employees or authorized personnel that will be allowed to gain access to .City".
1.2 "City" agrees to allow "Lion to accompany "City" personnel in their daily activities
whether on the Property or otherwise to the extent the law permits for the purposes of
filming for the Series and consent to Lion filming and photographing all or any part of the
City or Property with the exception of restricted or confidential areas or information on
days to be mutually agreed throughout the period between [September 1, 2006} and
[December 31, 2006} together with any further filming days as may be agreed between
the parties (the "Access Period");
1,3 City agrees that Lion may film the various operations of the City both at the Property and
elsewhere (subject always to Lion Obtaining any necessary third party consents) within
legal limits and with the exception of restricted or confidential areas or information;
1.4 City agrees that Lion may use the City name in the Series an'd any promotion and
advertising of the Series;
1.5. City agrees that Lion may produce and use the Series in its soJe discretion in all media
worldwide without obligation or payment to the City;
1.6 City agrees to collaborate with Lion personnel when mutually convenient for both parities
and the Series director, during any recess, research and editorial meetings as may be
reasonably requested by Lion and instruct employees to do the same and additionally to
give Lion such advance notice as may be practicable of the operations of the City with
the intention of facilitating access to individual operations in order to film photograph and
record events for the Series;
2. WARRANTIES; City hereby warrants:
2.1 that it is entitled to grant to Lion all rights under this agreement and that all rights granted to
Lion hereunder are free and clear of any Hens or encumbrances;
2,2 not to disclose to any third party (other than professional advisors) any information
. concerning the Series or the business of Lion to the extent the law permits.
1
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3, INDEMNITY: Lion shall indemnify the City from any and all claims and cause of action and
against any damage which may be caused to the Property or individual employees of the Ci~
by the negligent act or omission of Lion's employees or authorized personnel. Lion also
agrees to indemnify the City for any injury that may occur to employees or authorized
personnel while organizing or filming Series orovided however. Lion shall not be liable for
loss of earninQs or loss of reDutation on the Dart of the City.
4. OBLIGATION: lion is not under any obligation to actually use the Property or produce the
Series or include footage of the City or Property in the Series for which it was shot or
otherwise.
5. OWNERSHIP OF MATERIAl: City acknowledges that Lion shall be the sole owner of all
rights in the material filmed for the Series. Neither the City, nor other party now or hereafter
having an interest in the Property, shall have any right of action against Lion or any other
party arising out of any use of said materials whether or not such use is, or may be claimed
to be, defamatory, untrue or censorable in nature.
6, CITY'S RIGHT TO REVIEW. City shall have the right to view and comment upon all
completed Programs featuring City. lion will give good faith consideration to making the
City's requested changes prior to airtime. Lion shall ensure that the program does not treat
City in a derogatory fashion or display confidential investigatory, procedural or operational
information,
7, CITY'S RIGHT TO REUSE. _The City may reproduce, replay, reuse and distribute the
finished film related to the Delray Beach Police Department for internal purposes in a non-
broadcast manner without copyright infringement, royalties to Lion or prior written permission
of Lion and without cost to the City. Any commercial exploitation of the program or any part
thereof by the City shall be strictly prohibited unless prior written permission by Lion has
been granted.
8, ASSIGNMENT: Lion shall be entitled to assign or licence its rights in all recordings, film,
sound, footage and all materials produced pursuant to this agreement to any third party.
9. CANCELLATION: Either party shall have the right to terminate this agreement with or
without cause upon 30 days written notice to the other party; however, City may terminate
immediately without written notice if Lion fails to follow City policy or procedure of which Lion
has been expressly notified.
10. DISPUTE RESOLUTION: Any controversy or claim arising under this Agreement will be
governed under Florida Jaw with venue in Palm Beach County, Florida.
11. GENERAL TERMS AND CONDITIONS: Notices required under this agreement to be given
by one party to the other must be in writing and delivered by U.S, mail, a recognized courier
service, or by fax with answer back received and shall be effective upon receipt.
City: City of Delray Beach
Attn; Catherine M. Kozol
Porice Legal Advisor
Asst. City Attorney
300 West Atlantic Avenue
Delray Beach, FL 33444
Lion Television Limited
Aftn:
(Address)
2
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51Bl.-Ev2 (195)
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10.1 This Agreement sIlall commence as at the dale at the City at Delray Beach Commission
ApProval and remain in effecl tor (oj months unless tenninated by either party as sel torth
herein.
iN WITNESS WHEREOF, tha Cily at Delray Beach and Uon T eievision Umtted have
signed this Agreement ;n triplicate.
Dated this _ day of September, 2006.
crTY OF DEL RAY BEACH
ATTEST:
By:
Mayor Jeff Perlman
City Clerk
---...-----------------------
~NCY
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For and on behalf of
LrON TELEVISION LIMfTED
3
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MEMORANDUM
TO: MAYOR AND CI1Y COMMISSIONERS
FROM: CI1Y MANAGERti!1
SUBJECT: AGENDA ITEM # ~. 0 - REGULAR MEETING OF OCTOBER 17, 2006
REPORT OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
DATE:
OCTOBER 13, 2006
Attached is the Report of Appealable Land Use Items for the period October 2, 2006 through October
13, 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 Oerk\AGENDA COVER MEMOS\Appealable Agenda Memos\2006 Appealable Agenda Memos\apagmemo t01706,doc
01<
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FROM:
DAVIP~. NAGER
PAU~lkiNG, DIRECTO F PLANNING AND ZONING
JASMIN ALLEN, PLANNE (I~~ ~
MEETING OF OCTOBER 160~6 *CONSENT A GENDA *
REPORT OF APPEALABLE LAND USE ITEMS OCTOBER 2, 2006 THRU
OCTOBER 13, 2006
TO:
THRU:
SUBJECT:
The action requested of the City Commission is review of appealable actions which were made by
various Boards during the period of October 2, 2006 through October 13, 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.
A. Approved (6 to 0, Francis Bennett absent), a request for color and material change for Ocean
City Properties including the Train Station, located at the southeast corner of Pineapple Grove
Way (NE 2nd Avenue) and NE 1st Street (220 NE 1st Street).
B. Approved with conditions (6 to 0), a Class V site plan, landscape plan and architectural elevation
plan associated with the construction of a 6,575 sq. ft. sanctuary with a seating capacity of 214
for Ebenezer Wesleyan Methodist Church, located on the east and west sides of SW 6th
Avenue, north of SW 2nd Street.
1. Approved (5 to 2, JoAnn Peart and Toni Del Fiandra dissenting), a request for a Certificate of
Appropriateness associated with as-built shutters and proposed color changes to a contributing
structure located at 246 North Swinton Avenue.
2. Approved (5 to 2, JoAnn Peart and Toni Del Fiandra dissenting), a request for a Certificate of
Appropriateness associated with the demolition of a contributing structure located at 34 North
Swinton Avenue.
No other appealable items were considered by the Board. The following item which was considered
by the Board will be forwarded to the City Commission for action.
· Recommended to the Planning and Zoning Board approval (7 to' 0) of a privately initiated
amendment to the Land Development Regulations Section 4.3.4(H)(6) to remove the
City Commission Documentation
Appealable Items Meeting of October 17, 2006
requirement that a sixty-four foot (64') setback is required on both sides of the centerline along
NE 4th Street between NE 6th Avenue/Federal Highway (northbound) and North Swinton Avenue.
No Regular meeting of the Planning and Zoning Board was held during this period.
By motion, receive and file this report.
Attachment: Location Map
2
CITY OF DELRAY BEACH, FLORIDA
- City Commission Meeting -
OCTOBER 17, 2006
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A. OCEAN CITY PROPERTIES AND TRAIN STATION
B. EBENEZER WESLEYAN METHODIST CHURCH
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2. 34 N. SWINTON A VENUE
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CITY OF DELRA Y BEACH, FL
PLANNING & ZONING DEPARTMENT
OCTOBER 2006
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MEMORANDUM
TO:
MAYOR AND CITY COMMISSIONERS
FROM:
CITY MANAGER
SUBJECT:
A ENDA ITEM # - REG LAR MEETIN
AWARD OF BIDS AND CONTRACTS
DATE:
OCTOBER 13, 2006
This is before the City Commission to approve the award of the following bids:
1. Bid award to Bermuda Landscape and Design, Inc. in the amount of
$59,928.00 for tree and plant replacement and stump removal at the
Tennis Center. Funding is available from 001-4215-575-63.20 (General
Fund/LandscapinglBeautification).
2. Approve Requisition #128779 with RLS Lighting, Inc. in the amount of
$15,968.00 for the purchase of sixteen (16) aluminum litter containers
with fiberglass liner and lids. Funding is available from 433-3711-534-
49.90 (Sanitation Fund/Other Current Charges/Obligations).
3. Purchase award to Ten-8 Fire Equipment, Inc. of Bradenton,
FloridalPierce Manufacturing, Inc. in the amount of $424,599.00 for the
purchase of one (1) 2007 Pierce Manufacturing, Inc. Pumper for the Fire
Department. Funding is available from 501-3312-591-64.25 (Central
Garage Fund/Heavy Equipment).
4. Purchase award to Hall-Mark Fire Apparatus of Ocala, Florida in the
amount of $208,184.47 via the Florida Sheriffs Association, Bid #05-06-
0823 for one (1) 2007 Horton Rescue Transport Unit for the Fire
Department. Funding is available from 501-3312-591-64.25 (Central
Garage Fund/Heavy Equipment).
5. Purchase award to Sungard H.T.E., Inc. in the amount of $117,480.00 for
purchase of H.T.E. Mobile Data Brower Software replacing the existing
Motorola Mobile Data Software. Funding is available from 334-6111-
521-66.10 (General Construction Fund/Software).
Recommend approval of the above bids and purchases.
S:\City Clerk\AGENDA COVER MEMOS\Bid Agenda Memos\2006 Bid Memos\BID Memo lOt706,doc
[ITY DF DELRAY BEA[H
DELRAY BEACH
F lOR lOA
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All-America City
, 1111 "~o: David T. Harden, City Manager
<BfROM: f#7 Robert A. Barcinski, Assistant City Manager
1993
2001
DATE: October 11,2006
MEMORANDUM
SUBJECT: AGENDA ITEM CITY COMMISSION MEETING
OCTOBER 17, 2006 - BID AWARD - PLANT AND TREE
REPLACEMENTITENNIS CENTER
ACTION
City Commission is requested to approve a bid award in the amount of $59,928.00 to
Bermuda Landscape and Design, Inc. for tree and plant replacement as well as stump
removal at the Tennis Center. Funding would be available from account 001-4215-575-
63.20.
BACKGROUND
A survey of plants and trees that needed to be replaced at the Tennis Center due to
damage from Hurricane Wilma and normal wear and tear was recently completed by our
Parks Maintenance Division and three (3) quotes were received. Copies of the quotes are
attached. The low bidder has indicated that they can start work immediately and
complete some of the priority work prior to the Chris Evert Tennis Tournament. They
also indicated that if we decide that we do not need to replace all of the items listed we
can deduct said items from bid award.
Funding for tree and plant replacement is not eligible for FEMA funding or insurance
reimbursement.
RECOMMENDATION
Staff recommends approval in the amount of up to $59,928.00 with Bermuda Landscape
and Design, Inc. for tree and plant replacement and stump removal at the Tennis Center
with funding to come from account 001-4215-575-63.20.
RAB/tas
File:u:sweeney/agenda
Doc: Agenda Item Plant and Tree Replacement Tennis Center
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49 GREI!N PITTOSPORUU 3 GAl..
18 CHALCAS ORANGE JASMnE :) GAL
~ OUEEN PALM 20'-30' OA.
3S9 TREYU.IS 3 GAL
68 GOLD MOUNt> 3 GAl.
30 INDIAN HAWTHORN 3 GAL
081 URIOPE' 1 GAl..
.. HIOISCl,IS STANDARD t/ OA.
17 WA8HIN<a~ 3$' OA
20 SEUOUM 7 GAL
2 .efWeR BUtTONWOOD 1 GAL
1ft UGUSTRUM 8:'
10 F....
31 SOtL PER YARD
487 MULCH PER BAG .
24 I...arge Tree Stakes
. 32.00
~ 3.50
.:~....., p..... DiIM
T6UI Price
$
I
$
S
t
$
$
$
$
11
$
S
Si
$
$
$
$
S
$
PAGE 02
PAGE 82/03
~DiIle
100.00
"01),00
2,320.00
832.00
11.400,<10
441.00
162.00
1.200.00
3,690.00
612.00
270..00
2,054.50
ooa.oo
18.700.00
1.000.00
100.00
3.200.00
INCl
992.00
i.11M.SO
INO...
CONT. ON PAGE 2
.. III........ ~ .
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....-......,~lJo~&tlellUl.lIlc.. ~..-.._----.-..,.........._-~.....,..--....-1I9-.
--..... II:lUIlIn, 11\11. '/Ill tlIItllt IMW--..........._~..... ""-.....,.,..,..w..... -"\l!IW..~,""", ~--...._
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,..-,..___...,.~'*flI...._WNSefClllll..*'lIIt_.................t..~~. ~ 1tIh...~..,.____.u._~
lIOftttxl.'*'l~ilftll_....,.", ...~_It."_I"" ~ Iiori>l7....___........~"'M._.f___...........~_IIoo~.'IQ......
3D~~
tIld-
'f".. ....wi-I.. lID "'"
COldIIone .,.
ComPtHry~
CUIiom.-~
D~
~
~ La1ds~ ii!MDesig", Inc..
~
dbe -1lPOfI
\WUa/trl~\1p&~
p;fiiI Niiiie aJfI nu.:
10/06/2006 14:33
10/e6/2aSG 11:56
2437269
5614~21123
BERM.JDA LANDSCAPING
PAGE 03
PAGE 03/8~
.--..
B~
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~~~
... 10619lfam:qa BollIlMltd.
LIlJo: ~. FL 3S46'1
(56J)~
fiU. (56]) ....'<l2-l [23
PROPOSAL#7121
Dale OCTQII&R" 211... rr=-7'DO PROPOSAL
c.......
COY OF ~LRAy Sl:ACH
~RMn
100 NW 1 at AIi8l1lIQ
t>elrJlY' e-r.tI. FL 33AW4
,.,...
cmv OF,J:III.RAY 11!JYfIS COUI\T$
t::l8..AAY BElICH. A.QRlY\
TeIephCIne
Ii
Fax
161..zu.nH
~ RlDP
l!SNt~
Terms
JIIOft RlClJfPf
Od~ ..... DaIB
Rlwtged oe.e
Qu~
1
1 .
CeecrtpIon
~R1tJGHf C~ FOR THE WASHINGtONJA, PAlMS
STUMP ~MOVAt." CL.EAN-UP AND DUMPtNG
UnIt ,....
$ eo.,OO
$8.,600.00
T_I PrICe
$ 86()..Cl()
$ 9.5OQ.OO
s 59.928..€kJ
Nofe1: ~....~~
....:t= CIent to e 111 nrw..................
NoW Ok Mml*da ~. J*'O'ilde ~ sols,. bllc*fIlIng '"*'~.
NoIIt4: a.nt1D.uPJlI1_~~tQr"~,*,-.J'Il: M....W~;~
NaI& 5: Sol for< sod Is not 1nl::U2ed.
Note 8: Bond costs are notiACluCllld.
"* 7:. /4ny. VQItagtI~ ~ ~ t,;9I1JCl~"cI by~
Nola B~ ~arJCe lifter 30daya from inst81a1ion is notlndudecL
NotI.; Lint tQcIk Of ~"'$O fIlIIJIMlIt. not lnduded-
NOte 10:: Dueio 1'8t8llt......W11 C8IYlW:lt~ aMlMllttyOl' )I'lcna ~ ~ ~ .
Note 11: ~ Df ~ I;tre nolirUl$d.
NoM ,~ ~~, dQeS! not Ioc;Iude ~ to ~ or up_ Gtoly ~ Croane 01 tlOiGtIng lO be provided by aI'Ie6.
Holt':l' A1_n\ed IlMMmustbe ~..... ocr~"'ve~
,..14: S(Id" not IneIudiId. If needed, OYer 6,000 .,dbe in8tI~lectllt$..32Jlf; LIr1def'5.00c' 5fwll be lnsIaIed at$ .37M
~ 1~ Sol Iefll<MIIls !he ~ ottfl8 CIlmt
hOTAL COST
:~
~J928.00
,
.."",-...-..
" CIIlJlN(""""..-'oeOI""''''--- _.......I~....-d~'"""""213.____ __IIM__ 1IIe__"_~
...-.._ ~tIIIMlIflI...O__'_~Jf-.IM,..-.............~ ...,...,10......-010'_.."....- .1"(1Inifllll':IMUIIl).l'a6dDqo_
1ll'1lIln\IIllIlD~"~"',~"",,1O"-"""""-""-"" ...___..._......,. dw~....~.,...
--~ ..!lNllIOI,_.....lle___-__tll..,.~...... ::lwItIf1l__foo:-._lIl.,.,....-.-...._ ~_._
__~4 ~ _ ........*-............"....................". ....___11........._..... 1"M1~ --~"DlloUI, ""'-1&1lIll
___II>~~.-.-Ir...,...,....._~~.....-_.__I\I!_"'___... ___1o...""-.__.Il.~._jI>
ncII,......fllt~_/lIlIItlW_k.....,...IIP~_QldtJtf.Blt.,...__"""""""'1l!l. .e......._,~II8..~ect..~__...___r
illlllll,......._. ..__............... .~flIII~ ~... ~..,'*'_............et.. ....,............... (~IlIO!l'Ilo~ ._~
______~__....."......_L~-___aD.ID6.-"...___...,......j...-_.___(J(-.
CompBny~:
BIHnul!2 ~_ ~ Inc.
~~
.._~
~
~:
VliIitUlAl ~:.lP8~
PIJ1t ,.. end 7lfIe.-
Coneo Homcultunl, IDe.. M.B.E.
9399 153 RcLSouth
Delray Beach, F133446-9711
561.496.1772 Fax: 561.496.1778
.....--' ", '. .'
BiB To
CIty Of OeIray
100 N.W. ,st.Awnue
OeIrey Beech, R 33444
PROPOSAL
Ship To
City Of Delray
100 N.W. 1st.~ue
OeIray BeaCh, FI 33444
Contact. ROUL RIveRA
Phone: 5$1.243.7221i
L---.,.,. .'. i.,.., _,_
l:::: ooirii. 00::: TEN:~R
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Cont8ct: ROUl RIVERA
SaleS Rep: Jack Riwrd
SIMPSON STOPPER 3 G
UVE OAK 14' 'O.A
COCOPLUM 3 GAL
IXORA NORA GRANT 3 G
COCONUT GM 18' WOOD
PITTOSPORUM GREEN #3
JASMIN SIMP 3G CHACAS
QUeEN PALM 30' OA
THRYAU.IS 3 GAL
OOLO MOUND 3 G
INDIAN HAWTHORN 3 G
URIOPI EG.1 GAL
HIBISCUS STANDARO €rOA
WASHINGTONIA PALM 2BOA 2O'C.T.
WASHINGTONIA PALM 3O'OA
PHILOOENDROM 7 G
SILVER BlfTTOMIVOOO 7 G
UGUSTRUM 8'
MULCH
REMOVE
MULCH WILL Be PER YARD AS NEEOEO AT $39.00
YARD INSTALL
REMOVAL INCLUDED AlL ST\JMP (20) AM:) BED
WHERE WE NEEO TO CHANGE THE PlANTS
Shipping Method~
~yment Method:
Credit Terms:
Comments:
_."...~
1
a.d
8l.l.1 · 98.. · 19S
Quantity Unit
10.000
1.000
290.000
79.000
4.000
49.000
18.000
2.000
369.000
68.000
30.000
587.000
4.000
3.000
14.000
~O.OOO
2.000
13.000
1.000
1.000
EACH
eACH
EACH
EACH
EACH
EACH
EACH
EACH
EACH
EACH
EACH
EACH
EACH
EACH
EACH
eACH
EACH
EACH
EACH
EACH
.....~--
DlIte: 9/1912006
~d:-I
8.500
365.000
8.250
8.2'50
2.500.000
8.280
8.250
495.000
9.000
8.250
8.950
3.000
95.000
1.500.000
1,600.000
40.000
45.000
250.000
39.000
11,000.000
DiseQunt Amount
Sale Amount
Mi$cellaneout"rg..
ShiPPing Charges
Sates Tax
~ .---
OOUO:J
Total
as.OO
365.00
2,392..50
661.75
10,000.00
4OS.72
'48.50
990.00
3.321.00
561.00
288.50
1,701.00
380.00
4,500,00
22,400.00
8OOJJO
90.00
3,250.00
39.00
11,OOOJ1O
63,408.97
53,.OUT J
dSDJao 90 8t d~S
PROPOSAL
October 3, 2006
TO;
City of Delray Beach Parks and Recreation
ATlN:
Paul Rivera
VIA FAX:
561-243-7269
FROM:
Blaine Keller
RE:
De1ray Tennis Center
Delray Death, Florida
Please accept our proposal for the landscaping of the above referenced project in
accordance with the plant list prepared by The City. The cost breakdown is as
follows;
Landscape
$80,155.77
Oualificatinns~
· Grades to be proVided to Vila & Son at (+/-) .10' of finished landscape
elevations free of weeds, debris and exotic vegetation.
.' Clear access to all planting areas with heavy equipment, Le. combination,
skid steer loader etc.. shall be provided for Vila & Son.
· This proposal is based. on the plant quantity take off from the plant list
provided. All Quantities are to be field verified. "
· Price quoted is per specifications listed on the plant legend regardless of
projected availability.
· Bond can be provided if required at .75%.
· SO/50 Mi~ Soil is included for individual planting pits only.
· Irrigation repairs can be done as time and materials,
· Mulch is quoted as an allowance only (No plans).
EXCLUSIONS:
· Soil export from site.
· All tree protection ,barricades by others.
· Additional Hand Watering. Irrigation system is to be installed and
operational prior to landscape planting.
. Maintenance.
· Damages to Hardscape and Jrrigation system..
. ',', ....~. .
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AGENDA ITEM NUMBER:
AGENDA REQUEST
Request to be placed on:
Date:
X Regular Agenda _ Special Agenda _ Workshop Agenda
When: October 17,2006
Description of agenda item:
City Commission is requested to approve a bid award in the amount of $59,928,00 to Bermuda
Landscape and Design, Inc. for tree and plant replacement as well as stump removal at the
Tennis Center. Funding would be available from account 001-4215-575-63.20.
ORDINANCE/RESOLUTION REQUIRED:
Draft Attached:
YES
YES
NO
NO
Recommendation: Approval
Department Head Signature:
~~c.-~-r~ 10/II/DID
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
:r---
Funding available: b) {~t No
Funding alternatives: (if applicable)
Account Number: 00 /~c1l/)- ,C; 7') 1-,3.. Z.()
Account Description: ~s(ap~ !&aa:fJ17{',q i) (t-.._
Account Balance: f> .~?:' 9 2if u) /lla4~/
City Manager Review:
Approved for agenda: &~ No
Hold Until:
Agenda Coordinator Review:
Received:
Action:
Approved
Disapproved
P.O.#
10:
FROM:
THROUGH:
DATE:
SUBJECT:
MEMORANDUM
David Harden, City Manager
Patsy Nadal, Buyer
Joseph SaffOrd~nce Director
10/11/2006
Commission Agenda-October 17, 2006
RLS Lighting, Inc.
Item Before Commission:
The City Commission is requested to approve requisition #128779 for the purchase of
sixteen (16) aluminum litter containers with fiberglass liner and lids from RLS Lighting,
Inc. for a total cost of $15,968.00 per invoice #A6010903, dated 08/0312006.
Backoround:
RLS Lighting trash receptacles were previously approved by the City Commission and
are currently used on Atlantic Avenue. In order to stay consistent with previously
purchased containers RLS Lighting, Inc. is consider a sole source vendor.
Recommendation:
Staff recommends the approval of purchase for sixteen (16) aluminum litter containers
with fiberglass liner and lids in the amount of $15,968.00 from RLS Lighting, Inc. as a
sole source provider.
Funding from account code #433-3711-534-49.90 (Sanitation Fund)
Attachments:
Invoice #A601 0903, Dated 08.03.2006
Requisition #128n9
ce: Jackie Rooney, Purchasing Man~
~
1) .P 2-
,RLS Lighting, Inc.
2160 S.W. 58th Way
Hollywood, FL 33023
Ph: (954) 983.4340
r/R~"
(.~.
,':'i '<.
LIGHTING, INC.
M'AlYUF.4CTURERS OJ> qUALITY LIGHTING
INVOICE
INVOICE NO.
A6010903
DATE
8/3/2006 '
Fax: (954) 983~3691 . . .
- I P,O. NUMBER: I
Fax R. Haines
BILL TO: SHIP TO:
City of Delray'Beach City of Delray Beach [W. Atlantic Ave)
Accounts Payable-Shirley Public Works Department
100 NW 1st Ave 434 S. Swinton Avenue "
Delray Beach, FL 33444 Delray Beach, FL 33444-21
561-243-7334 Fax561-243-7314 56f-243-7345 [Richard Haines]
PROJECT I W Atlantic Ave
I
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TERMS DUE DATE REP SHIP DATE SHIP VIA' F.O,B. DWG, NO.
Due on receipt 8/3/2006 DVG 8/3/2006 RLS ' Factory
QTY. ITEM CODE DESCRIPTION PRICE EA AMOUNT
16 RLS-TR-01 Aluminum Litter Container with Fiberglass Liner & Lid, 998.00 15968.00
1/4" Th. (TRL-01),*** (13) Sent on 2/13/06, lnv #
A6010903-2
COLOR RAL# 6005, Dark Green
Subtotal: 15968,00
?ales Tax Exemptio~ # 60-00-116241-54C "
, "
W , RECEiVEd "''l;:.
.1,,-.
~" ,,:..', .
.- ,.~
r~\jG 0 '7 20U6l ~
I ' .J
\\CCOUNTS PAy~b E
I,
I
I
\ \
,
I
I ..
.
This Completes this Ore , ITotal:
- $15,968.00
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All Past Due Accounts beyond Net Thirty days will incur Finance Charges of 1.5% per month (18% per annum). Should litigation be
, .' required, ~easonable legal ,fees will also be charged.
'1
\
~Vu\ \ ~
AGENDA ITEM NUMBER:
~
AGENDA REQUEST
Request to be placed on: October 17,2006
Date: October 10,2006
~ Consent Agenda _ Special Agenda _ Workshop Agenda
Description of agenda item:
The City Commission is requested to approve requisition #128779 for the purchase of sixteen (16)
aluminum litter containers with fiberglass liner and lids from RLS Lighting, Inc. for a total cost of
$15,968.00 per invoice #A601 0903, dated 08/031/2006.
Draft Attached:
YES
YES
NO_X
NO_X
ORDINANCE/RESOLUTION REQUIRED:
Recommendation:
Staff recommends the approval of purchase for sixteen (16) aluminum litter containers
with fiberglass liner and lids in the amount of $15,968.00 from RLS Lighting, Inc. as a
sole source provider.
Funding from account code: 433-3711-534-49.90
Department Head Signature:
Detennination of Consistency with Comprehensive Plan:
City Attorney ReviewlRecommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding available: Yes _X~ No
Funding alternatives: (if applicable)
Account Number: 433-3711-534-49.90
Account Description: Sanitation Fund
Account Balance: J t" {i) D
9#1./. 6,vru} ~<{S
City Manager Review:
Approved for agenda: .t;J t1i::::j No
(!YI. \
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved
Disapproved
[ITY DF DELRAY BEA[H
FIRE-RESCUE DEPARTMENT
SERVING DELRAY BEACH . GULF STRE,AM . HIGHLAND BEACH
DELRAY BEACH
~MEMORANDUM
All-America City
11111!::~M
David T. Harden, City Manager
Kerry B. Koen, Fire Chief
1993
2001
SUBJECT:
Replacement Fire Apparatus Purchase
DATE:
October 6, 2006
The Fire-Rescue Department is requesting approval to purchase one (1) Pierce
Manufacturing, Inc. Custom, Heavy Duty Pumper through Ten-8 Fire Apparatus of Bradenton,
Florida in the amount of $424,599. 00. We propose using the Lake County (Florida) fire
apparatus bid (No. 99-150). This bid has been used to previously purchase five fire suppression
units for the City of Delray Beach. Funding is available through the Central Garage Fund in
account 501-3312-591-64.25.
This unit will replace a 1992 pumper that has approximately 143,000 road miles and
recent extensive repair history. The new pumper will be equipped with new Hurst hydraulic
rescue equipment to conform to current departmental standards, as well as a mobile data terminal.
The net unit price reflects a $12,000 trade allowance for a 1992 pumper and an $8,000 trade
allowance for a 1988 pumper, a $20,000 Pierce Customer Factory Discount and a pre-payment
discount of $18,626 for full payment at the time of order.
The Finance Department has analyzed the pre-payment option and concluded that it is
fiscally advantageous to the City. We concur with their finding. I request that this item be placed
on the October 1 ih Regular City Commission meeting agenda for consideration by the City
Commission.
Sincerely,
v ~.C
K~oen
Fire Chief
.
Attachments: 4
CC: Asst. Chief Ackerman
Div. Chief Murphy
Lt. Crelin
Mr. Rumell
Mr. Safford
Mrs. O'Connor
FIRE-RESCUE DEPARTMENT HEAOQUA. RTE. RS. .. 501 WEST ATLANTIC AVENUE. DELRAY BEACH. FLORIDd,44P. IJ.
(561\ 243-7400 . FAX (516) 243.7461 "f/". J
e,.,nted on Recycled eaper
MEMORANDUM
To:
Kerry Koen, Fire Chief
Fro~
Thru:
Rebecca S. O'Connor, Treasurer
Joseph M. Saffor~tor of Finance
Subject:
Fire Apparatus - Pierce Manufacturing
Date:
October 9, 2006
I have analyzed whether it is cheaper to pay $424,599 upfront (Option 1) for fire
apparatus or pre-pay $220,393 upfront and the remaining balance upon receipt of the
vehicle (Option 2). It was assumed that we would receive the vehicle 235 days from the
day of the order and an interest rate of 5.39'lA>.
I recommend Option 1 which is the cheaper option by $1,061 based on these
assumptions. I have run additional scenarios not shown here but the final determination
is that the shorter it takes the City to receive the equipment the cheaper it is, albeit
minimal. See table below.
Option Gross Less Less Net Cost Plus Lost Total Cost
Cost Discount Trade Interest
Option 1 $462,330 ($18,626) ($20,000) $424,599* $14,939 $439,538
(pre-pay
$423,704)
Option 2 $462,330 ($ 9,485) ($20,000) $432,845 $ 7,754 $440,599
(pre-pay
$220,393)
Difference $ 1,061
*Includes $895 for bid bond.
Please give me a call if you have any questions.
Oct 06 06 01:20p
p.2
PROPOSAL FOR FURNISHING FIRE APPARATUS
September II 2006
,
City of Del ray Beach
501 West Atlantic Avenue
Delray Beach, Florida 33444
The undersigned is prepared to manufacture for you, upon an order being placed by you, for final
acceptance by Pierce Manufacturing, Inc., at its home office in Appleton, Wisconsin, the apparatus and
equipment herein named and for the following prices:
One Pierce Custom Dash 174" HDRP #2 W/Changes +$5927.00 $ 482,330.00
Equipment Included
1. Included Taylor Data System MDT As Quoted
2. Included Team Hurst Rescue Tools As Quoted
Pricing in accordance with Lake County Contract 99-150 for
Tag-On Purchase.
Trades subject to pump test & no major engine or trans defect
Pricing Includes Trade of 1992 Lance $12,000 and 1988 $8,000
Optional Pre Pay Discounts (with order)
Chassis Payment of$220,393 wlorder will offer (9,485,00) or
100% $424,599.00 Will Include (18,626.00) Discount
Pierce Customer Factory Discount of $20,000.00 Included
Performance Bond Included With 100% Pre Pay Option @$895.00
100% Pre Pay Discount Included
Total $ 424,599.00
Said apparatus and equipment are to be built and shipped in accordance with the specifications
hereto attached, delays due to strikes, war, or intentional conflict, failures to obtain chassis, materials, or
other causes beyond our control not preventing, within about 220-250 working days after receipt of this
order and the acceptance thereof at our office at Appleton, Wisconsin, and to be delivered to you at
Delray Beach, Florida - Pricing Good Until October 31, 2006
PURCHASE ORDER TO PIERCE MANUFACTURING me.
Pre Pay Due 15 Days From Order
The specifications herein contained shall form a part of the final contract, and are subject to
changes desired by the purchaser, provided such alterations are interlined prior to the acceptance by the
company of the order to purchase, and provided such alterations do not materially affect the cost of the
construction of the apparatus.
The proposal for fire apparatus conforms with all Federal Department of Transportation (DOT)
rules and regulations in effect at the time of bid, and with all National Fire Protection Association (NFPA)
Guidelines for Automotive Fire Apparatus as published at the time of bid, except as modified by customer
specifications. Any increased costs incurred by first party because of future changes in or additions to said
DOT or NFPA standards will be passed along to the customers as an addition to the price set forth above.
Unless accepted within 30 days from date, the right is reserved to withdraw this proposition.
By'
C~.>
October 11,2006
City of Delray Beach, Florida
Lake County Contract 99-150
Pricing Computation Formula
1. Vehicle Base Model Cost
2. 4% Mark-Up Over Base
3. Vehicle Options - Above Base Vehicle
4. 10% Mark-Up Over Vehicle Option Cost
5. Vehicle Equipment Accessories
6. 10% Mark-up Over Cost
Total Vehicle Price
Pierce Customer Factory Discount
Total Purchase Price
$ 309,809.00
$ 12,392.00
$ 125,897.00
$ 12,589.00
$ 19,676.00
$ 1,967.00
$ 482,330.00
( 20,000.00)
$ 462,330.00
Pricing Includes All Delivery Transportation And Training Cost
Trades and Pre Pay Discounts Listed on Proposal Page
Oct OS 06 12:40p
p. 1
Ten 8 Fire Equipmentl Inc.
2904 59th Drive East
Bradenton, Florida 34203
800 228 8368
DATE:
October 9, 2006
To:
Chief Ackerman
From:
Mike Schneider, Ten 8 Fire Equipment Inc.
Office 7725467993, Cell 561339 3492,
Fax 772 546 7996, E Mail - mjsfiretruck@aol
Copy:
Subject: Invoice Changes
The following is a list of truck changes and additions of unit 18391 Dash
Pumper.
1. Added Racor Warning System $353.00
2. Added Cab 500W Brow Light with Switch $849.00
3. Added Cab Interior Receptacles $675.00
4, Upgraded Cab Light Bar For New LED Lighting $2603.00
5. Added Second Shore Line Connection $492.00
6. Added Protective Stainless Door Edge -All $542.00
7. Added Side Covers To Speedlays Openings $128.00
8. Added Cab Exterior AC Drain Line $285.00
Total Changes and Additions $5927.00
~~
Customer:
Representative:
Organization:
Contract Admin:
Description:
Body:
Chassis:
Line PRIDE #
1 0024856
2 0010427
3 0001220
4 0000860
5 0000854
6 0062345
7 0051229
8 0001091
9 0065799
10 0001960
11 0001960
12 0002045
13 0001953
14 0001953
15 0032055
16 0099243
170018162
18 0042265
19 0032303
20 0005772
21 0032192
22 0012245
23 0002268
24 0551539
25 0012251
26 0012222
27 0005739
28 0012350
290012017
30 0025527
31 0018292
32 0012613
33 0028432
349902140
35 0012485
36 0022853
37 0012707
38 0012719
39 0012744
40 004443 1
41 0077704
42 0087562
43 0087706
44 0087709
45 0041165
460041230
470019845
Component List
OPTIONS
Ciity of Delray Beach
Michael Schneider
Ten-8 Fire Equipment, Inc
MGR
174" HDRP Pumper
Pumper, Heavy Duty Rescue
Dash-2000, HDRP Chassis
Bid Number: 5140
DB Version: 220062
Bid Date: 10/12/2006
Component Qty
Frame Liner, Inv "L" 12.68" x 3.00" x ,25", DLX/Qtm/Enf 1
Suspension, Front TAK-4, 22,800 lb, DLX/Enf/Qtm/AXT 1
Engine Brake, Jacobs 1
Outlet, Air, with shut off valve 1
Air Inlet, wlDisconnect Coupling 1
Engine, DDC Series 60, 12.7L 455 hp, 1550 Torque, DLX/AXT, 2004 1
Data Logger, Data Storage Device 1
Cooling Hoses, Silicone - Custom 1
Chocks, Wheel, AC-2, Mounted, Yertical 1
Axle Hub Covers, Rear, S/S, High Hat (Pair) 1
Axle Hub Covers, Rear, S/S, High Hat (Pair) 1
Mud flaps, w/logo front & rear 1
Wheel cover, S/S, 12.25" & 13.00" (front pair) 1
Wheel cover, S/S, 12.25" & 13.00" (front pair) 1
Cab, Dash-2000, 67" w/lO" Raised Roof 1
Controls, Electric Windows, Manual Door Locks, Custom 1
Cabinet, (1) EMS, 30"H x 19"W, PS Otbrd, w/lock, (All Chassis) 1
Shelf, Adj, EMS Compt, wlLight Bracket 1
Doors, Access Sides of frwd face seat, DX/Enf/Sab/Qtm 1
Fenders, S/S on cab, wIRadius comer, 2.00" wide 1
Mirrors, Ramco, w/manual convx, remote control, (6000CCR), Door mnt 1
Bumper, 19" extended - all chassis' 1
Rods, Sight on Bumper, Bores, model BG48-1O 1
Strap, Black Nylon Hold-down, Velcro, Hose Tray 2
Tray, (I) Hose Left Side of Bumper 1
Tray, (1) Hose Right Side of Bumper 1
Tow Eyes, Chrome, Chicago Style, Top of Deck 1
Seats, (2) C/C, 911Forw Facing, w/SCBA, Inboard 1
Bracket, Air Bottle, Quic-Hold MW AB-6-SP, 911 Cab Seats 3
Inserts, Back Rest for 911 SCBA Seats, (New Style) 3
Spacing, 8", Between Forward Facing Crew Cab Seats, DX/Enf/Sab 1
Air Conditioning, DX/Enf, Raised Roof, Frwrd Facing, Standard '99 AC Pkg 1
Brush Guard/Cover, Air Conditioning Condenser, 4-way, Cab Roof Aerial 1
Brush Guard/Cover, Air Conditioning Condenser, 4-way, Cab Roof Aerial 1
Air conditioning, Coleman Mach III, 120V, Cab Roof 1
Antenna, Mount Only, For 2-way Radio Std, DLX/Enf/AXT I
Charger, Sngl system, Kussmaul Auto Charge 1200 1
Kussmaul Auto-Eject, 20A Recep (batt chrgr) 1
Cigarette Lighter and Plug 1
Sleeve through Tank - Up to 3" Plumbing 1
Divider, Hose Bed, Unpainted, HDR Pumper 2
Cover, Hose Bed, Roller Shutter, Pumper 1
Compt, DS Rol Dr HDR Pumper, 174" 1
Compt, PS Rol Dr HDR Pumper, 174" 1
Doors, Roll-up, Gortite, Painted and/or Locking, Side Compartments 6
Door(s), Roll-up, Gortite, Painted and/or Locking, Rear Compt 1
Guard, Drip Pan, S/S, Roll-up Door 7
Price
1,334
8,806
4,537
398
288
2,201
1,638
570
405
167
167
446
559
559
1,903
1,004
793
191
283
723
1,,326
1,749
372
218
318
318
492
1,143
1,220
181
193
8,457
558
558
1,921
56
1,318
482
145
257
784
5,928
1,455
1,455
376
63
735
48 0055681
49 0045678
50 0003982
51 0083986
52 9902249
53 0034160
54 0003942
55 0003945
56 0004095
57 0004361
58 0004390
59 0010500
60 0024962
61 0034720
62 0014785
63 0054823
64 0009620
65 0004797
66 0004905
67 0005030
68 0024934
69 0004995
70 0014141
71 0500122
72 0005200
73 0039768
74 0038925
75 0015995
76 0006066
77 0016080
78 0094666
79 0006736
80 0067677
81 0067697
82 0006825
83 0006827
84 0066849
85 0053942
86 0006824
870026790
88 0036802
89 0036800
90 0016992
91 0016995
92 0007210
93 0017242
94 1332
95 738
96 66681
97 2224
98 32752
99 67164
Access Door Cargo Compt, D S, Alum. 4-way
Access Door Cargo Compt, PS, Alum 4-way
Tray, 500 lb Slide-out w/ 2" Sides - Floor Mounted
Tray, Adj., 30 Deg., Tilt/Slide-out, (215 lb)
Access Panel, Compartment Wall, Turn Fasteners
Compt, Backboard Storage, (2) Over Pump and Rearward, Access Both Sides
Shelves, Adjustable, 215 lb Capacity
Shelf Tracks
Troughs, H.S.H., (1) Each Side
Tubes, Alum, Pike Pole Storage
Step, Folding - Extra, Body Only
Step, Rung, Camper Style, Pull-out & Drop Down,20" Wide
Thermal Relief Valve, OPM, Waterous
Anode, Zinc, Pair, Pump Inlets
Inlet, 4" to 6" Front w/5" plumbing Saber, Dash-S
Front Suction Actuation, Handwheel
Intake Relief Valve, Front Inlet
Swivel, Painted, 6.00" Front Inlet
Outlet, 1.50" Tank Fill
Outlet, RH, 3.00" w/ 3,00" (added)
Outlet, Front, 1.50" w/2.00" plumb & swivel, Top of Bumper
Outlet, Rear, 2.50"
Speed, (2) 1.5" W/ Tray, Top Mt/Side Cntrl, Std. Cap.
Hose Restraint, Crosslay/Speedlay, Each
Cover, Crosslay, Alum Treadplate
Lights, Side Scene, Whelen 900 Halogen
Lights, Rear Scene, Whelen 900, Halogen
Handheld Cab Spotlight, Collins CL-12
Two (2) Lanyard Controls for Air Horns
Siren, Federal Q2B
Harrison 10 kW MCR Hydraulic, Hot Shift PTO
Cover, Generator, Above Pump
Tele-Lite, 500W Telescoping Tripod
Tele-Lite, 500W w/Bottom Raise,Telescoping Pole
Reel, Electric Cable - Hannayl600 (3-wire)
Cord, Electric, 12/3 Yellow
Box, Junction - GFE EJB, Four 5-20 Str Blade
Enclosure, Reel, Feed Through Side Sheet
Holder, Junction Box
Receptacle, 20 Amp 120V 3-Prong, Fire Power
Sub Feed Breaker Box, For Shoreline
Switch, Auto Transfer, Up to 30Amp
Hose, Hydraulic, Amkus, Power Supply to Reel
Reel, Hydraulic, 150' Cap., .25" Dual Hose
Paint, Two Tone, Cab, Custom Cab/Commercial Cab
Paint Chassis Frame Assy. Job Color
Racor Fuel Seperato
Fire Research Brow Light
Receptacle Cab Interior
Cab ScuffPlates
Drain AC Cab
Lightbar LED Lighting
Vehicle Options
Total List:
1
1
1
1
1
1
8
7
1
2
2
1
1
1
1
1
1
1
1
1
1
1
1
3
1
1
1
1
1
1
1
1
1
1
2
2
2
2
2
3
1
1
2
2
1
1
1
1
1
1
1
1
281
281
619
517
224
1,183
871
691
1,045
259
459
363
778
259
5,621
560
549
1,276
442
1,967
1,830
1,576
4,502
361
407
492
490
345
521
3,030
13,647
835
1,299
1,142
3,121
1,015
963
647
436
951
200
462
992
2,953
687
396
353
846
675
542
285
2,603
125,897
1760014245
173 0004225
1740004230
178 0004345
243 0046954
244 0046998
251 9901394
41 9902250
252 999
253 30076
336 16848
3379172
267 0005780
VEHICLE EQUIPMENT ACCESSORIES
Ladder, Folding, 10' 585A, Duo-Safety, w/Mtg
Ladder, 24' Duo-Safety 900A 2-Sect
Ladder, 14' Duo-Safety 775A Roof
Pole, Pike 6' Fiberglass
Monitor, Elkhart "Stinger" 8297 5" Storz inlet portable base
Nozzle, Elkhart SM-1250, ST-194 Tips and 282A shaper
Tray(s), Additional, Speedlays
Diagnostic Software, Detroit Dsl. Diagn. Link,(For LapTop & multiple order of
Ward No Smoke System
Lettering Specifications
Shoreline Additional
Cover Side Sppedlay
Control, Air Horn at Pump Panel
462
719
351
195
3,496
1,070
347
459
10,322
1,500
492
128
136
Vehicle Accessories
Total List
19,676
SPECIFICATIONS"
o
QUANTUM lANCE DASH ARROW XT ENFORCER SABER
Engine Horsepower
340-515 hp
340-525 hp
340-525 hp
380-525 hp
300-400 hp
300-400 hp
Alternator
270-400 amp
270-540 amp
270-540 amp
270-400 amp
270-400 amp
270-400 amp
Frame Ralls
Slze/RBM
13'/."/33.66cm
13'1a"/33.98cm
13'1a"/33.98cm
13 'Ia"/33.98cm
13'1a"/33.98cm
1 0 '/e"/25.73cm
Cab Raised
12" or 22"
10",16" or 22"
10",16" or 22"
10",16" or 20"
10", 16" or 22"
12" or 22"
TAK-4'.
Standard
Standard
Standard
Standard
Standard
N/A
Brake Size 17" rotor w/TAK-4 17" rotor w/TAK-4 17" rotor w/TAK-4 17" rotor w/TAK-4 17" rotor w/TAK-4 Drum
0
Water Tank Capacity Up to 3,000 gal Up to 3,000 gal Up to 3,000 gal Up to 3,000 gal Up to 2,000 gal Up to 1,500 gal
'This chart is for comparison purposes only. See your Pierce representative for more information about the wide range of specifications available on each chassis model.
<:P~>
One Pierce HDR174 Pumper #2
For
City of Delray Beach, Florida
September 11.2006
We are pleased to submit a proposal to you for a Pierce@ triple combination pumper per your request for
quotation. The following paragraphs will describe in detail the apparatus proposed. It meets the applicable
requirements of the National Fire Protection Association (NFP A) as stated in current edition at time of contract
execution, except where amended by your specifications. Loose equipment not specifically requested will not
be provided.
PIERCE MANUFACTURING was incorporated in 1917. Since then we have been building bodies with one
philosophy, "BUILD THE FINEST". Our skilled craftsmen take pride in their work, which is reflected, in the
final product. We have been building fire apparatus since the early "forties" giving Pierce Manufacturing over
50 years of experience in the fire apparatus market. Our plant is located in Appleton, Wisconsin with over
474,000 total square feet of floor space situated on approximately 93 acres ofland. A multi-million dollar
inventory of parts is available to keep your unit in service long after it has left the factory.
QUALITY AND WORKMANSHIP
Pierce has set the pace for quality and workmanship in the fire apparatus field. Our tradition of building the
highest quality units with craftsmen second to none has been the rule right from the beginning. We currently
have a "Quality Achievement Supplier" program to insure the vendors and suppliers that we utilize meet the
high standards that we demand. That is just part of our overall "Quality at the Source" program at Pierce.
Another part of this program is employing experts in their fields, like a Certified American Welding Society
Inspector to monitor our weld quality.
DELIVERY
The apparatus will be delivered under its own power to insure proper break-in of all components while the
apparatus is still under warranty.
INFORMATION
At time of delivery, complete operation and maintenance manuals covering the apparatus will be provided. A
permanent plate will be mounted in the driver's compartment specifying the quantity and type of fluids required
including engine oil, engine coolant, transmission, pump transmission lubrication, pump primer and drive axle.
SAFETY VIDEO
At the time of delivery Pierce will also provide one 39-minute, professionally-produced apparatus safety video,
in DVD format. This video will address key safety considerations for personnel to follow when they are
driving, operating, and maintaining the apparatus, including the following: vehicle pre-trip inspection, chassis
operation, pump operation, aerial operation, and safety during maintenance.
Page 1 of 73
\
<p~>
APPROVAL DRAWING
A drawing of the proposed apparatus will be prepared and provided to the purchaser for approval before
construction begins. The Pierce sales representative will also be provided with a copy of the same drawing. The
finalized and approved drawing will become part of the contract documents. This drawing will indicate the
chassis make and model, location of the lights, siren, horns, compartments, major components, etc.
A "revised" approval drawing of the apparatus will be prepared and submitted by Pierce to the purchaser
showing any changes made to the approval drawing.
WARRANTY
Limited Warranty
Except as provided below, and provided the vehicle will have been placed in service within 60 days after
delivery to the original purchaser as established by our original invoice, for a period of 12 months after delivery
to the original purchaser, Pierce Manufacturing Inc. ("Pierce") warrants to the user that its Fire and Rescue
Apparatus vehicles are free of defects in material and workmanship. This limited warranty will apply only if the
vehicle is properly maintained and used in service which is normal to the particular vehicle. Normal service
means service which does not subject the vehicle to stresses or impacts greater than normally result from the
careful use ofthe vehicle or chassis. If the buyer discovers a defect or nonconformity, it must notify Pierce in
writing within 30 days after the date of discovery. This limited warranty is not transferable by the first user.
A copy of the Pierce warranty is included with this proposal.
BID BOND
A bid bond as security for the bid in the form of a 10% bid bond, will be provided with the proposal. This bid
bond will be issued by a Surety Company who is listed on the U.S. Treasury Departments list of acceptable
sureties as published in Department Circular 570. The bid bond will be issued by an authorized representative
of the Surety Company and will be accompanied by a certified power of attorney dated on or before the date of
bid. The bid bond will include language which assures that the bidder/principal will give a bond or bonds, as
may be specified in the bidding or contract documents, with good and sufficient surety for the faithful
performance of the contract, including the warranty, and for the prompt payment oflabor and material furnished
in the prosecution of the contract.
DASH@ CHASSIS
The Pierce Dash is the custom chassis developed exclusively for the fire service. Chassis provided will be a
new, tilt-type custom fire apparatus. The chassiswill be manufactured in the apparatus body builder's facility
eliminating any split responsibility. The chassis will be designed and manufactured for heavy-duty service, with
adequate strength, capacity for the intended load to be sustained, and the type of service required. The chassis
will be the manufacturers first line tilt cab.
SEA TING CAPACITY
The seating capacity in the cab will be six (6) .
WHEELBASE
The wheelbase of the vehicle will be 216".
GVW RATING
The gross vehicle weight rating will be 53800.
)
FRAME
The chassis frame will be built with two (2) steel channels bolted to five (5) cross members or more, depending
on other options of the apparatus. The side rails will have a 13.38" tall web over the front and mid sections of
Page 3 of73
-MUUlt:l,,~"f\I'ivl~ VI" \.IVIII 11"\"""'. I
LAKE COUNTY, FLORIDA
L Modification No.: 14 2. Contract No.: 99.150
Effectivr:= Date: May 22, 2006 Effective Date: July 19, 1999
.,
3. Contracting Officer: ROMann Johnson. CPPB 5. Contractor-Name and address:
Telephone Number: (352) 343.9765 Pierce Mfg. Inc
- PO Box 201"
I 4. Issued By:
lake Counly, Florida Appleton, WI 54913
Procurement Selvices
1 lake County Administration Building Attn: Robert Boggus
~,'15 W. Main St" Sulle 416
Tavares. Florida 32776-7800 ..
.-
SPECIAlINSTHUCTIONS: If Indicated, contractor is requIred (0 sign Block 8 showing acceptance of the below written
modiliC<';llion and return this fo;m to agdres5 ShOWll in Block 4 within tel1 {1019~aafterre~ prefgrablv by ce!'tifiad
mail 10 ensure a system of positive receipts. Re:ain a photocopy of the signed copy of th~5 modification and attacl1lo
~ original of contract which was previously provided. "._
I 7. DESCRIPTION OF MorJII=ICA'nON:
I
I
G.
ExteM contract through Mav 21,2007, per special ~e/'rns ~nd conditions. item 4.
8.
7'ont~s Signature: REQUIRj;D-;
Name / ('
. ..., ':iL<~ a~ /cfct-a~
Title l'.. ~ /1 rr- ~
- .., /./jt '.w\ 10 r;lJ!
Dale 3fr 7/0'6
, .
9. Lake County. Florida
By:
\._- '<(:~:"ii-.i.~t"";':::2!~'-~~i..~f:..~.:.;/:." L . J-:... ;
Contracting Officer , r
(....'
1 U. Distrihution:
OrigiMI. Bid No. 99~150
Copies. Contractor
Public Safety
I Contracting Officer
Ten-8 Fire Equipment Inc
~'''''.'..l,},.~.1...".{_. _ .1.......,'.",../..::.,.., . If" .
~. ~ _ ~r _ ~ ~:.:. .:~~ _.j;~~..;. /.';.~ ""
Date ,r
TOTAL P,01
LAKE COUNTY, FLORIDA
1. Modification No.: 6
2 . Contract No.:
99-150
I
Effective Date:
May 21, 2002
Effective Date: July 19, 1999
3. contracting Officer: Roseann Johnson, CPPB
Telephone Number: (352) 343-9765
5. Contractor-Name and address:
Pierce Mfg. Inc
4. Issued By:
Lake county, Florida
Procurement Services
Lake County Administration Building
315 W. Main St., Suite 416
Tavares, Florida 32778-7800
PO Box 2017
Appleton, WI
54913
Attn: Robert Boggus
6. SPECIAL INSTRUCTIONS: If indicated, contractor is required to sign Block 8 showing
acceptance of the below written modification and return this form to address shown in
Block 4 within ten (10) davs after receipt. preferably by certified mail to ensure a
system of positive receipts. Retain a photocopy of the signed copy of this
modification and attach to original of contract which was previously provided.
7, DESCRIPTION OF MODIFICATION:
~: Pierce Mfg. Co. will sell under the same terms and condit;:ions, for the same
price, to other governmental/public agencies in the State of Florida.
ADD: Contract will hereby be modified to include a ~ percent (.005) administrative
fee charged to any entity accessing the contract.
AMBND: This Contract is effective from May 21, 2002 through May 20, 2003 except the
County reserves the right to terminate this Contract immediately for cause and/or lack
of funds with thirty (30) days written notice for the convenience of the County. This
contract also provides for four additional twelve (12) month renewals at the County's
sole option at the terms noted in the Bid.
8.
Contractor's Signature:
9. Lake County, Florida
Name
By:
Title
~0{Jll,: jj
~ Procurement S,rvices Director
Date
Original
Copies -
- Bid No. 99-150
Contractor
Fire Rescue
Contracting Officer
Risk Management
Ten 8 Fire Equip. Inc.
.9D rI1f)y c;tJD 'OJ..
, Date
BID REQUEST NO. 99-150
SPECIAL TERMS AND CONDITIONS
~~~
SPECIAL TERMS AND CONDITIONS
1. INTENT OF BID: It is the intention of this bid request for the County to enter into contract
with a single bidder for:j~} ar'\ iQjtial pUI~~o..Lth,e_specific fire apparatus specified on the
bid sh~et and,. (2). to grovide for an indefinite quantity contract with tne awarded. Dldder tor'
tutur~ QurQh~i~i~~y~!io~~, ~~~s.Eecifie~far1dunspedfTed fire-~apparatus~-The resulting .
contract shall guarantee the constr~cti~n ~nd~cr;irveryto'-the-Co'unty"anyaaditional fire
apparatus as may be required by the County throughout the initial contract term and any
subsequent contract renewal periods.
2. PRICING FOR THIS BID REQUEST AND SUBSEQUENT CONTRACT: Bidders shall price tt:le
~e_~c ifi c Jl~~__~<!Iatu s _~~gJ.t!edlI?1cl,~h~_etbP..9.9~_19j.A....Jl~!ILN9..:.,,11JJ~i.!1g.jb.e...m.lcing ."
structure bid stated on Bid Sheets 1 and 2.
Bidders must submit with their bid response sufficient information for the County to verify
th at the bid pric eE=offer~(llorjh~}~~~ire~_frrE;]ip"[~!1~us-5~~~~~~I~-'c'slcql ai~.~=gsT5~riFi~'--'
.Er)cing struc!~!~~.!b.~_~i~ Sh~~!.
Th rou g h.2J.lt ~t'-~..!~DILQt 9D.y'.c::gnt!..~_S::L~'!Y~rd.ed as 2~~~'LQ!Jh~, IEg_~~q!-!~,!3!!~!h~ J?,ric e
sJ.~9.t~~e "prg'{.id~.9}~ !J...!?.i (:L~.h..t:l~!.S.wlj3D..Q_..?JrtJ~_~l:!S:~~&l,Il!;>'lgc;L~L~UIJJ~~Jm~~Q...gy __!b e
c;.9..\dD~Y_JQ_R[Lc,:~,3!_DY, Y~blg!st~Q.!dL~b~~~99~9~!!J~.!J,h~ ggm.r:.a.~t.
Within the contract period, the County reserves the right to verify prices by examination of
dealer or distributor's invoices and to evaluate all proposed purchases with respect to
reasonableness of price. The County may reject any proposal made by the contractor in
favor or renegotiation or bidding.
3. CONTRACT PERIOD: Any contract derived from this request shall be effective for the
approximate twelve (12) month period immediately following the date of award.
4. OPTION TO RENEW CONTRACT: The County reserves the sole right to renew said contract
for four (4) additional twelve (12) month periods at the same pricing structure,
specifications, and terms and conditions of any contract derived from this bid request.
5. ESTIMATED QUANTITIES: Any contract entered into will be of the "open end" type. The
contractor will deliver such quantities as may be ordered, and the contract shall be binding
only for the actual quantities ordered during the contract period. Orders will be issued
throughout the contract period as needs are determined.
The quantities indicated on the bid sheet are the apparatus that will be ordered initially with
award of this bid request. The County anticipates ordering six (6) additional apparatus in
fiscal year 2000 and six (6) additional apparatus in fiscal year 2001.
6. CONTRACT PRICING: The set pricing structure bid (percentage above bidder's dealer net
cost for vehicles, equipment options and vehicle accessories and percentage discounts from
identified price lists for cab and chassis parts and body parts) shall remain firm throughout
the original contract period for apparatus and for any subsequent contract renewal periods
Lak. County procurement S.rvic..
P.O. Box 7800
315 w. MaiD. Roaa 416
Tavar... rL 32778-7800
BID UQtJBST HO. 99-15
BID SlmZ'
PAGE 1 OF
",
Bm SHBBT
SB%P TO ADDUSS:
AS REQUIRED ON EACH ORDER
INVO:ICB TO:
LAKE COUNTY EMERGENCY SERVICES
PO BOX 7800
TAVARES, FL 32778-7800
TB%S :IS HO'1' AN' ORDER
pric.. F.O.B. De.tin.tior
REQ. ITEM
NO. NO.
ITEM AND SPECIFICATION
QUANTITY
UNIT
UNIT
PRICE
EXTENDED
PRICE
1..
FIRE APPARATUS, PER PRECEDING
SPECIFICATIONS
5
EA
$141,71:)4.4 $ 718.772.20
STATE SET PERCENT ABOVE BIDDER'S
NET COST FOR TIm FOLLOWING:
VEBJ:CLZS :
4
\'
ZQU:IPMBNT OPT:IONS:
1C1
\'
VEB:ICLZ ACCESSOR:IBS:
10
\'
STATE PERCENTAGE DISCOUNT FROM
IDENTIFIED PRICE LIST(S) FOR THE
FOLLOWING:
CAB/CHASSIS PARTS:
1C1
\'
PRICE LIST Pierce Mfq.. OEM P POP
DATE OF PRICE LIST 2 / 99
BODY PARTS:
10
t
PRICE LIST Pi pr~e Mf9 _ OEM PPO P
DATE OF PRICE LIST
2/99
REQUIRED DELIVERY DATE
VENDOR DELIVERY DATE
CREDIT TERMS
Contracting Officer:
Roseann Johnson
Tel. No. (352)343-9765
270 Days ARO
1/2%, Net 10
e hereby agree to furnish the items on which prices are quoted above and on subsequent pages ~:
ccordance with all terms and conditions previously listed and any attached specifications.
r any Name Pi erce Manufacturinq. Inc.
FEIN# 39-0139830
Date 6/21/99
54915
IGNATURE OF BIDDER
City, State, ZipAppleton, Wisconsin
ddress 2600 American
TInE Authorized Sales Representat
~PED OR PRINTED NAME OF BIDDER-Bobert F. Bogqus
O~,.,"../l:'..'Y u.... 407 328-5081 nhnnp
Date: October 6. 2006
AGENDA ITEM NUMBER:
1 (J/J
AGENDA REQUEST
Request to be placed on:
X Consent Agenda _ Regular Agenda _ Workshop Agenda _ Special Agenda
When: October 17, 2006
Description of agenda item (who, what, where, how much):
Purchase of one (1) Pierce Manufacturing. Inc. Pumper through Ten-8 Fire Equipment of
Bradenton. Florida in the amount of $424.599.00. Funding is available in Central Garage
Fund Account #501-3312-591-64.25.
Recommendation: Approve the purchase.
}f~D~
Department Head Signature:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: @o Initials: tbf
/"
Account Number 6' oj .-- 3312 / t:;9/. tL/ - 2::J
Description ;-/.t'0AJ/{ b$lLIr~
Account Balance: $i 5 ~ 3lJ[)
/
Funding Alternatives:
(if applicable)
City Manager Review:
Approved for Agend_/!jYl No lniti_1so r:rr-1
Hold Until:
Agenda Coordinator Review:
Received:
[ITY
~
,~~,
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1:.... .
y
E [
FIRE-RESCUE DEPA.RTMENT
'C,HlJ\~m BEi\CH
DELRAY BEACH
~
AII.AmericaCity M E M 0 RAN DUM
, III t! TO: David T. Harden, City Manager
1993 FROM: Kerry B. Koen, Fire Chief
2001
SUBJECT: Replacement Paramedic Rescue Vehicle Purchase
DATE: October 12,2006
The Fire-Rescue Department is requesting approval to purchase one (1) Horton
2007 Custom Rescue Transport Vehicle through Hall-Mark Fire Apparatus of Ocala,
Florida in the amount of $208,184.47. We propose using the Florida Sheriffs
Association Bid #05-06-0823. This bid has been used to previously purchase another
rescue vehicle for the City of Delray Beach. Funding is available through the Central
Garage Fund in account 501-3312-591-64.25. The pre-payment option has been
reviewed by the Finance Department and found not to be advantageous to the City. We
concur with this finding.
This unit will replace an existing National Ambulance rescue unit, which will be
traded in as part of the Hall-Mark proposal with a value of $10,000. I request that this
item be placed on the October 1 ih Regular City Commission meeting agenda for
consideration by the City Commission.
Sincerely,
\(~~.'----
Kerry B. Koen
Fire Chief
Attachments: 4
CC: Asst. Chief Ackerman
Div. Chief Murphy
Lt. Anderson
Mr. Rumell
Mr. Safford
Mrs. O'Connor
FIF1ERE~;ClIF
H -1'~.'1f,~ !'-j T. f..1
D'-..' ,-,. "'.'- "'Dig. r if
L) ,- J". t, tooi roo c. I, ) !~l. 1 F '-1.-
. .
MEMORANDUM
To: Kerry Koen, Fire Chief
From: ~ Rebecca S. O'Connor, Treasurer
Thru: Joseph M. Saffor~tor of Finance
Subject:
Fire Apparatus - Hall-Markfire
Date:
October 12, 2006
I have analyzed whether it is cheaper to pay $218,184 upfront (Option 1) for fIre
apparatus or upon receipt of equipment (Option 2). It was assumed that we would
receive the vehicle 300 days from the day of the order and an interest rate of 5.39%.
I recommend Option 2 which is the cheaper option by $992 based on these assumptions.
See table below.
Option Gross Less Less Net Cost Plus Lost Total Cost
Cost Discount Trade Interest
Option 1 $218,184 ($8,000) ($10,000) $200,184 $8,992 $209,176
(pre-pay
$218,184)
Option 2 $218,184 $0 ($10,000) $208,184 $0 $208,184
(pay
$218,184
at the end
Difference $ 992
Please give me a call if you have any questions.
H
3431 NW 27th Avenue · Ocala, Florida 34475
Office: 352-629-6305. Fax: 352-629-2018
Toll Free: 1-800-524-6072
RESCUE TRANSPORT PROPOSAL
Date: October 12, 2006
This Proposal has been prepared for:
City of Delray Beach Fire Rescue
501 Atlantic Ave
Delray Beach, FL 33444
We propose to furnish to you one (1) 2007 Horton custom Rescue Transport Vehicles on a 2007 International
4400LP chassis, to be custom built and equipped in accordance with the requirements of the City of Delray
Beach Fire Rescue Department. Vehicle to be purchased from Florida Sheriff's Association Bid # 05-06-0823.
Delivery will be F.O.B. Delray Beach, FL and will be made approximately 300 calendar days after receipt of the
order at Hall-Mark Fire Apparatus in Ocala, FL. Terms of payment shall be cash on delivery (C.O.D.) unless
the purchaser elects to make a prepayment. Factory will offer pre-payment discount. Current prime rate
determines discount. Current rate as 10-10-06 is 7.00%.
The current purchase price for the specified Rescue-Transport vehicle is $208,184.47. This proposal shall expire
October 31, 2006, unless extended in writing.
This proposal is deemed acceptable by the undersigned. In witness whereof, The Company and the Purchaser
shall execute an agreement to this proposal with signatures from authorized representatives as of the date set
forth by each.
Base Price per Florida Sheriffs Association: $124,445.00
Options and upgrades per City Of Delray Beach: $ 93,649.00
Less Hall-Mark Fire Discount: $ -1,000.00
Total price of Rescue Transport Vehicle: $ 217,094.00
.50 % Fee for Florida Sheriffs Association: $ 1,090.47
Less trade in of 1998 International, (National Ambulance): -10,000.00
Less Pre-Payment Discount: $ -8,000.00
Total Price: $200.184.47
Company:
Purchaser:
By:
By:
Michael Day
Title: Special Vehicle Sales
Title:
Date:
October 12. 2006
Date:
www.hall-markfire.com
E-Mail: info@hall-markfire.com
_~E!:'E~~
@-G--~
Authorized Dealer
e... price on Sheriffs contract
Internetlonsl44ooLP
Added options to maet Delray requirements
Upgraded engine/chassis options
Rear mud flaps
front & rear dock bumpers
Extended Cab Mod~ications (roll up door compartments)
Diamond plate fuel tank covers
Camera Syslem
Shelf for vertical exterior compartment in 02 comp
Trailer Hitch
Streets ide forward compartment modifications
Streets ide intermediate compartment modifications
Streets ide rear compartment modifications
Increase headroom 2'
Body lowered 6' from standard
Delete body molding
Customized conversion
Privacy glass on module windows
Diamond plate wheel well trim
Electric door locks compartments
Concealed door switch
Electric door locks wired 10 OEM switches
Recessed license plate bracket
Dri-Deck in exterior compartments
Lower body diamond plate trim
Paint stripe on bottom half of cab and body
6' Scotchlile stripe
Clear plexiglass on interior cabinet doors
Custom non.stocked floor
Stainless steel risers in patient compartment
Stainless steel lower door panels
High back child safety seat with righl hand armrest
Lift up cabinet frames streetside
CPR seat drop down backrest
Storage beneath cpr seat
Custom sharpes waste storage at head of squad bench
Customize front wall cabinets
Upgraded interior accessories and trim
Custom led lightbars, front and rear
Super Led Light package
Upgraded siren
Remote control spotlight
charger/power supply
Additional t lOv outlets
Additional t 2vdc interior outlets
Upgraded shorelines
Shoreline indicators
Speciallighl programming
Additonal Report light
Aircraft style clock
Upgraded patient compartment lights
Stream light prewire
Generator
Upgraded t 2v AlC
Power vents
Rooftop 11 OV AlC with Aluminum cover
Antenna & radio prewire
David Clark Intercom system
Motorola Mobile Data Terminal
Additional 02 outlets
02 flowmeter x 2
02 wrench
2 D style bottle mounts
SSCOR Aspirator
Lettering Package
Factory Pickup and delivery charge
Fuel, Tags, Administrative
Cabinet in cab, between roll up door compartments
Horton Price Increase July 15, 2006
total options
Conlrect Tolel
Totel
$124,445.00
Option price
$23,716.00
$85.00
$212.00
$4, t 90.00
$ t ,725.00
$1,790.00
$139.00
$585.00
$929.00
$189.00
$189.00
$310.00
$1,030.00
$258,00
$5,639,00
$129.00
$301,00
$361.00
$127.00
$103,00
$129,00
$386,00
$375,00
$1,521.00
$600.00
$52,00
$103.00
$310.00
$232,00
$668,00
$180.00
$129.00
$t55.00
$450.00
$460,00
$1,275,00
$5,586,00
$6,000.00
$350.00
$450.00
$5tl.00
$176.00
$114.00
$991.00
$92.00
$397.00
$67.00
$160.00
$852.00
$75.00
$4,800.00
$3,800.00
$330.00
$2,250.00
$217.00
$3,800.00
$5,233,50
$370.00
$348.00
$36.00
$398.00
$389.00
$1,650.00
$1,598.00
$198.00
$1,162.00
$2,216.50
$93,649.00
$218,094.00
$218,094.00
FLORIDA
SHERIFFS ASSOCIATION
Post Office Box 12519 · Tallahassee, Florida 32317-2519
Telephone 850/877-2165 · FAX 850/878-8665 · www.flsheriffs.org
DATE:
TO:
August 28, 2006
PARTICIPATING LAW ENFORCEMENT. FIRE/RESCUE
& LOCAL GOVERNMENTAL AGENCIES
FROM: Gary E. Perkins
Executive Director
Lynn Meek
Bid Coordinator
Peggy Goff
Contract Manager
RE: THE EXTENSION OF THE COOPERATIVE BID FOR FIRE/RESCUE
VEHICLES & OTHER FLEET EQUIPMENT
Bid No. 05-06-0823
We are pleased to announce that the Florida Fire Chiefs' Association, the
Florida Sheriffs Association and the Florida Association of Counties has ex-
tended Bid 05-06-0823. The original contract was good from October 1, 2005
thru September 30, 2006. With an agreement from all awarded manufactur-
ers, the contract will be good thru December 31, 2006 as long as there is
availability at the present prices.
Before ordering, please contact one of the "Designated Manufacturers" that are
listed on Page 14 of the Bid Award Announcement located at: www.flsheriffs.org
We are presently anticipating the new bid to be available and effective as of
January 1, 2007. Please check the above mentioned website for all new bid
information.
''Floridas Charityfor
Florida s Children"
www.youth ranches.org
*
WE SPONSOR: FLORIDA SHERIFFS YOUTH RANCHES. INC.
Boys Ranch, Youth Villa. Caruth Camp. Youth Ranch (Safety Harbor),
Youth Ranch (BradentonlSarasota) and Youth Camp
Date: October 12. 2006
AGENDA ITEM NUMBER:
f6.p.f-
AGENDA REOUEST
Request to be placed on:
X Consent Agenda _ Regular Agenda _ Workshop Agenda _ Special Agenda
When: 10/17/06
Description of agenda item (who, what, where, how much):
Purchase of one (1) 2007 Horton rescue transport unit through Hall-Mark Fire Apparatus of
Ocala. Florida in the amount of $208.184.47. utilizing Florida Sheriff's Association Bid No.
05-06-0823.
Recommendation: Approve the purchase.
Department Head Signature:
\(e.- ~ r:,.'-
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Mo Initials: [ll
Account Number w- 361 Z '-6; /. 6t..f- Z S-
Description /~y bf5Pm4<-!-
Account Balance: !> {;; 6~ cf a
Funding Altematives:_
(if applicable)
City Manager Review:
Approved for Agenda'@ No Initials, ~
Hold Until:
Agenda Coordinator Review:
Received:
Delray Beach
Police Department
300 West Atlantic Avenue
Delray Beach, Florida 33444-3695
(561) 243-7888 Fax (561) 243-7816
DELRAY BEACH
, , ,
tI.ed
AII.America City
, , III~
Joseph L. Schroeder
Chief of Police
2004
1993
2001
MEMORANDUM
TO:
David Harden
City ManageT
~\<>-
Tina L. Lunsford
Administrative Officer
FROM:
DATE:
October 12, 2006
SUBJECT:
AGENDA REQUEST
Attached is an Agenda Request for the City Commission meeting on October 17, 2006 to
approve the purchase of the H.T.E. Mobile Data Browser (MDB) Software.
lbe H.T.E. MDB software will replace existing Motorola mobile data software. The Motorola
software has not had significant upgrades in eight years and was originally purchased through H.T.E.
but, they are no longer business partners. H.T.E. is offering to replace the original 120 licenses
purchased at no cost. We will need to purchase an additional 60 licenses to get the amount of
licenses we have currently. There will be no software migration fees.
In order to receive the offer H.T.E. needs the contracts signed now. The total purchase price is
$117,480.00. There is an upfront project management fee of $7,200.00. The remaining balance of
$110,280.00 will not be due until after the first of the year. Please note that the price reflects a
$5,400.00 discount on the purchase of the 60 additional licenses if we sign now.
The Police Department was approved for the purchase of H.T.E. MDB Software in the 06/07 CIP
Budget in the amount of $122,700.00. Finance Director Joseph Safford gave me the approval to
place the purchase on the Commission Agenda. Funding will be provided out of 334-6111-521-
66.10.
Should you require further information, please contact me at ext. 7852.
TLL/rmh
Attachment
cc: Chief 1.L. Schroeder
Lanelda Gaskins. Agenda Coordinator
Joseph Safford, Finance Director
Serving with P.R.I.D.E.
Professionalism, Respect, Integrity, Diversity and Excellence
r;; .r5
SUNGARDt
SunGard HTE INC. Proposal
for
HTE INC.
Delray Beach, Florida, Police Department
,
l'lod"ll I 1111 I," "'l \111",01 \\,'II.lnl\ \1J<l" ,I
Dl'llll'!I"" Ill' Pllll Ill' \l.llIllllI,lllll I'll 10.1 III
A st 29 2006
APPLICATION SOFTWARE PROPOSED
MDB Message Switch 1-200 users* 1
MDB Client Software Police* 120
Less Migration Discount 1
ISIS Migration 1
Total Application Software:
$ 73,500.00 $ 73,500.00 $
$ 900.00 $ 108,000.00 $
$(181,500.00) $ (181,500.00)
No Charge No Charge
N/C
14,700.00
21,600.00
N/A
N/A
$ 36,300.00
120 days
120 days
N/A
120 days $ 6,180.00
$ 6,180.00
TRAINING & IMPLEMENTATION (travel & related expenses to billed separatelv)
Mobile Data Browser Message Switch - Installation 1 trip $ 4,800.00
Mobile Data Browser Client Software - Training 3 days/1 trip $ 3,600.00
ISIS Migration Services No Charge
Total Training & Implementation: $ 8,400.00
OTHER SERVICES
Project Management - Level I $ 7,200.00
Mobile Data Browser Message Switch Hardware - See Attache( Provided by Delray Beach PD
Total Other Services: $ 7,200.00
Total SunGard HTE Proposal:
$ 15,600.00 $ 36,300.00
$ 6,180.00
EXPIRATION
SunGard HTE prices are valid through September 29, 2006.
PAYMENT TERMS
100% of License Fees, Project Management and Hardware are due upon execution. Training is invoiced and due
as incurred. 100% oflnstallation and Implementation are due upon completion. Annual Maintenance will be due
120 days from delivery of licensed programs. The travel and related expenses of the trainer, installer, or project
manager are in addition to the above costs and they are billed separately. Shipping, if applicable, will be in addition
to the prices quoted. Taxes, if applicable, will be in addition to the prices quoted.
There is no acceptance period; however, the warranty period has beenextended from 90 to 120 days.
ISIS PAYMENT TERMS
100% of the initial Annual Subscription fees will be due October 1st, 2007 and it will replace the ST annual
maintenance. Thereafter, subsequent subscription fees will be due on an annual basis.
The parties hereby terminate Customer's license to use State Interface (Terminated Program) licensed by means of
H.T.E., Inc. Software License and Services Agreement. The Terminated Program shall be replaced by the ISIS
State Interface Licensed Program being licensed herein. The ISIS State Interface Licensed Program is licensed
under an annual subscription fee payment which is due in accordance with the Payment Terms herein.
NOTES
Customer will be contacted by the SunGard HTE Project Manager to begin the implementation process of this
project upon receipt of license fees.
Currently the Mobile Data Browser will only interface to true TCP/IP, CDPD, GPRS, EDGE, CDMA, lXRTT,
DataRadio, Electracom, or Motorola RF Systems. NetMotion, Radio IP, or another 3rd party application may be
required. All protocols require Static IP Addressing.
Message Switch Installation consists of loading the report server, review workstation, and 5 laptops. Additional
units can be contracted at $] 70 a unit plus travel and related expenses.
I also included a pdf file with the minimum specifications for the Message Switch server and laptops for the
vehicles. The customer can purchase the Message Switch elsewhere and send it to HTE for installation and
configuration.
*The Delray Beach Police Departmetn purchased 5 Premier MDT licenses through HTE on contract # DLRB
970702] and ] ] 5 Premier MDT Client licenses through HTE on contract # DLRB-9707023.
".SunGard UTE doesn't currently plan to encrypt our MDB log files as it is not a ens requirement to do so.
Although if CJIS or our product roadmap makes this a requirement in the future, SunGard UTE will create an
interface that allows APS to obtain the information from MDB. This interface will be available through a unit
license fee along with maintenance.
The terms and conditions in this quote, including the pricing will be honored provided this
quote is signed and returned to SunGard HTE by September 29, 2006.
City of Delray Beach, FL
Authorized Signature
Date
Printed Name
. r. .._ .
SUNGARDe
SunGard HTE INC. Proposal
for
HTE INC.
Delray Beach, Florida, Police Department
I', "dUd I lilt [,ll II" \llllll.d \\:11 Llllf\
Dl"lllptl"lI (,11\ 1'1 III Ill, \1.11Ilflll.11Il'l I'lTrod
September 27, 2006
APPLICATION SOFTWARE PROPOSED
MDB Client Software Police* 60
Less Discount
Total Application Software:
$ 900.00 $
$ (5,400.00) $
$
54,000.00
(5,400.00)
48,600.00
$ 10,800.00
N/A
$ 10,800.00
120 days
N/A
Total SunGard UTE Proposal:
$ 48,600.00 $ 10,800.00
EXPIRATION
SunGard HTE prices are valid through December 27,2006.
PAYMENT TERMS
100% of License Fees. Project Management and Hardware are due upon execution. Training is invoiced and due
as incurred. 100% of Installation and Implementation are due upon completion. Annual Maintenance will be due
120 days from delivery of licensed programs. The travel and related expenses of the trainer, installer, or project
manager are in addition to the above costs and they are billed separately. Shipping, if applicable. will be in addition
to the prices quoted. Taxes, if applicable, will be in addition to the prices quoted.
There is no acceptance period; however, the warranty period has beenextended from 90 to 120 days.
NOTES
Customer will be contacted by the SunGard HTE Project Manager to begin the implementation process of this
project upon receipt of license fees.
Currently the Mobile Data Browser will only interface to true TCP/IP, CDPD. GPRS, EDGE. CDMA, 1 XRTT,
DataRadio, Electracom, or Motorola RF Systems. NetMotion, Radio IP, or another 3rd party application may be
required. All protocols require Static IP Addressing.
Message Switch Installation consists ofloading the report server. review workstation, and 5 laptops. Additional
units can be contracted at $170 a unit plus travel and related expenses.
I also included a pdf file with the minimum specifications for the Message Switch server and laptops for the
vehicles. The customer can purchase the Message Switch elsewhere and send it to HTE for installation and
configuration.
Please indicate that your purchase is tied to this proposal dated September 27,2006 on your Purchase Order.
AGENDA ITEM NUMBER:
~.p.)
AGENDA REOUEST
Request to be placed on:
X Consent Agenda
- Regular Agenda _ Workshop Agenda _ Special Agenda
When: October 17, 2006
Description of agenda item (who, what, where, how much):
The Police Department was approved for the purchase of 180 Mobile Data Browser (MDB)
Licenses in the 06/07 eLP. Budget. The current Motorola mobile data software has not had any
significant upgrades in eight years. This software allows officers access in their patrol vehicles to
dispatch, messaging, NCIC/FCIC, I-Series, roll-call screen, email and more. The attached proposal
from B.T.E. replaces 120 licenses at no cost and a discount of $5,400.00 on the remaining 60
licenses. The total purchase price of $117,480.00 includes training and implementation, and the first
years maintenance fees.
The initial cost for project management is $7,200.00. The remaining balance of $110,280.00 will not
become due until after January 2007. Funding will be provided out of the 334-6111-521-66.10
account.
Department Head
Signature:
~
City Attorney Review/Recommendation (if a
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: QNo Initials: Ld-
Account Number
334-6111-521-66.10
Description
Software
Account Balance:
P / ? 7/ iJ L/o .
,
Funding Alternatives:
(if applicable)
City Manager Review:
Approved for Agenda:@i /
Hold Until:
No
lnirial"4
!
Agenda Coordinator Review:
Received:
)'~~
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(,;
o --..: _ .:t'
'<: v
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CITY COMMISSION
CITY OF DELRA Y BEACH. FLORIDA
REGULAR MEETING - TUESDAY. OCTOBER 17. 2006
6:00 P.M. - COMMISSION CHAMBERS
AGENDA ADDENDUM
THE AGENDA IS AMENDED BY ADDING THE FOLLOWING ITEM:
8. CONSENT AGENDA
Q. REFUND/JEAN LOUIS SAINT FORT AND JOSETTE SAINT FORT:
Approve a request to refund an escrow deposit of $5,000.00 to Jean Louis Saint Fort
and Josette Saint Fort for property located at 802 S.W. 3rd Street.
********************************************************************************
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.
[ITY DF DElRAY BEA[H
CITY ATTORNEY'S OFFICE
:'()() \lW 1st AVENUE' DELRAY BEACH. FLORIDA 33444
TELEP!-IOI\E: 561/2-L1-7()l)()' FACSIMILE: 561/278-4755
Writer's Direct Line: 561/243-7090
DElRAY BEACH
F lOR I D A
lIaI:III
All-America City
, III I! ~:TE
1993
2001
MEMORANDUM
October 16, 2006
City Commission
David Harden, City Manager
,~
FROM:
Terrill C. Barton, Assistant City Attorney
SUBJECT: Commission authorization to refund deposit to Carver Square
Residents Jean Louis and Josette Saint
Fort
Last year, the City contracted to sell property located at 802 S.W. 3rd Street,
Delray Beach, Florida 33444 to Jean Louis and Josette Saint Fort as part of the
Carver Square relocation program with the CRA. Unfortunately, the Saint Forts
have been unable to qualify for funding for the construction loan and, as a result,
are unable to purchase the property. As part of the Contract, the Saint Forts paid
a deposit of $5,000.00 into escrow. This memorandum is requesting authorization
to refund the $5,000.00 deposit to the Saint Forts.
Please place this item on the consent agenda for the Commission meeting on
Tuesday, Odober 17, 2006
TCB:smk
Attachment
cc: Chevelle Nubin, City Clerk
~.Q
cI<
lff1
CITY COMMISSION DOCUMENTATION:
FROM:
ECTOR OF PLANNING & ZONING
TO:
THRU:
,. PARKING MANAGEMENT SPECIALIST
SUBJECT: MEETING OF OCTOBER 17, 2006 *** REGULAR AGENDA ***
CONSIDER A REQUEST FROM LEMONGRASS RESTAURANT FOR THE
PURCHASE OF TWO (2) IN-LIEU PARKING SPACES
SACKGROUND.AND..ANALYSIS:
Lemongrass Restaurant, located at 420 East Atlantic Avenue, has submitted a Class III site plan
modification for the conversion of 505 sq. ft. of retail space to restaurant. Pursuant to Land
Development Regulations (LOR) Section 4.4.13(G) the proposed conversion requires that
parking be provided for the area being converted by calculating the difference between the
parking requirement for retail, (1 space per 300 sq. ft. or 1.68 spaces), and restaurant, (6 spaces
per 1,000 sq. ft. or 3.03 spaces). The proposed conversion will require the provision of two (2)
parking spaces as illustrated below (3.03-1.68=1.35 spaces rounds up to 2 spaces):
USE REQUIREMENT TOTAL SQ. FT. FORMULA TOTAL
Restaurant 6 per 1000 sq. ft. 505 505/1,000 x 6 3.03
Retail 1 per 300 SQ. ft. 505 505 / 300 1.68
Total new spaces required 1.35 (2)
LOR Section 4.6.9(E)(3) states that when additional parking is required for a change of use and it
is impossible or inappropriate to provide such parking the City Commission may approve the
payment of an in-lieu fee rather than provide the required parking. In-lieu fees in Area 2 (location
of the subject property) have recently been increased to $15,600 per space, resulting in a total
in-lieu fee of $31,200. If approved, payment will be due upon issuance of a building permit.
Attached for your review are letters of support from neighboring businesses.
It is noted that the Downtown Cluster Study identified a need to preserve and encourage a
stronger retail presence in the downtown area. The following excerpts are taken from the Cluster
Study.
The Downtown Development Authority and other stakeholders should optimally focus on
encouraging/guiding retail recruitment where market conditions are favorable but not
widely recognized rather than encouraging or accommodating additional restaurant
development since market conditions for foodservice uses are favorable and well-known.
The City of Delray Beach stimulated pioneering restaurant development by granting
leniency in parking requirements for restaurants in Downtown. The City of Delray Beach
should re-evaluate the desirability of continuing the in-lieu fee provision of Ordinance 35-
04 now that Downtown is a successful dining destination.
q.~
City Commission Staff Report - October 17, 2006
Lemongrass In-Lieu Request
Page 2
While the applicant proposes to retain a retail component via only partial expansion of the
restaurant into the bay, this directive would be applicable. Additionally, staff has a concern that
the proposed configuration of the space (no defined separation) would enable the applicant to
add additional tables, exceeding the 505 sq. ft., creating additional impact and, making
enforcement problematic.
REVIEW
The Downtown Development Authority, at its meeting of September 11, 2006, recommended
denial of the applicant's request in a 3-2 vote with one member abstaining.
The Parking Management Advisory Board, at its meeting of September 12, 2006, in a 6-2 vote
(Cox and Stevens dissenting) recommended approval of the applicant's request.
The Community Redevelopment Agency, at its meeting of September 21, 2006 unanimously
recommended approval of the applicant's request.
By motion, recommend denial of the request from Lemongrass Restaurant to purchase two (2)
in-lieu parking spaces to accommodate a proposed conversion of use of 505 sq. ft. of retail
space to restaurant.
Attachments:
. Floor plan
. Letters of Support
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Mr. Paul Dorling
Director of Planning and Zoning
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
September 8,2006
Dear Paul:
Our family visits downtown Delray often and Lemongrass is our restaurant
of choice when we do so. One of the reasons we enjoy Lemongrass is because it
is close to the heart of the action but far enough away to be enjoyed by our two
children. With two young children, anything that can be done to reduce the
inconvenience of waiting for a table would be greatly appreciated.
We also appreciate the convenience of Lemongrass's location to Kilwin's
so that we can take a short walk with our children for dessert without having to
go back to the car and put our children in their car seats.
Therefore, please support the expansion of this great restaurant.
Thank you,
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17953 Villa Club Way
Boca Raton, Florida 33496
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August 30, 200b
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explAV\,d ~ts yest&lUYlAV\,t ~V\, dowV\,towV\, DeLY<j 1SelACVl. It w~LL oV\,Ltj VleLp lALL of dowV\,-
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RECEI'fED
SEP 0 8 2006
PLANNING &
40 I E. Atlantic Avenue
Delray Beach.. Florida 33483
Phone: 561-278-2885
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September 1, 2006
Mr. Paul Dorling
Director of Planning ana Zoning
Clfyof Deltay-Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
I believe the proposed expansion of the Lemongrass Restaurant would be a
great benefit to all business owners in the downtown area. This will promote
more customers to not only this restaurant but also neighboring retailers such as
myself Please join me in supporting this expansion.
J,tRf0.J
RECE\\/Fr
SEP 0 8 2006
PLANNING & lONING
Dear Paul:
Very Truly Ylury
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September 5,2006
Mr. Paul Dorling
Director Planning and Zoning Department
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Dear Paul:
I support the expansion of Lemongrass in downtown Delray Beach.
Sincerely,
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SEP 0 8 2006
PLANi,il & ZON,\,~~1G
504 E. Atlanric A1'C1111C · Velnf)' BCllch, FL 33483 " 561-330-6336
, ~ PILLOW PARLOR
417 East Atlantic Avenue
Delray Beach, Florida 33483
Phone: 561-266-9006
Augvcst 31-, 200b
Mr. 'PCl uL DorLLl/\,g
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1-00 N.W. 1-s.t Avel/\,ue
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'PLease su-p-povt tl1e vequest for the LeVltlOl/\,gvClss restCluval/l,t. I tl1LI/l,R, Lt Ls vert) Cl-p-prapv~~
ate to ClLLow tl1~s ex-pal/l,s~ol/\,. It l1eL-ps br~l/\,g -peo-pLe to tl1e retClLL estClbLLsl1Vltlel/\,ts LI/l, tl1~s area of
tl1e DowI/\,tow1/\,. PCltVOI/\,S dLI/l,Ll/\,g Clt tl1e vesta UVCll/l,t oftel/l, freq uel/\,t VltltJ busLl/\,ess, so we
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SEP 0 8 2006
PLANNING & ZONING
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September 4, 2006
Mr. Paul Dorling, Director
City of Delray Beach
100 NW 1st Avenue
Delray Beach, Florida 33444
To Mr. Dorling:
I am in favor of the expansion of Lemongrass. In fact, many of my friends in Delray
Beach agree with this expansion. The restaurant is too small and needs to expand. This is a
good thing for Delray Beach.
Thank You,
J' Ie
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SEP 0 8 2006
PLANNING & ZONING
411 EAST ATLANTIC A VENUE
DELRAY BEACH, FLORIDA 33483
PHONE: 561-272-8571
September 1, 2006
Mr. Paul Dorling
City of Delray Beach
100 NW 1st Avenue
Delray Beach, Florida 33444
Dear Mr. Dorling:
I am in support of the restaurant LEMONGRASS expanding their restaurant.
Being a business person downtown Delray, I think it is important for a business to
grow.
Thank you.
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SEP 0 8 2006
PLANNING & ZONING
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RECFpn=o
SEP 0 8 2006
PLPJHm'JG & Zm~ING
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CREATIONS BY MARIANO
September 1, 2006
Mr. Paul Dorling
Planning and Zoning Department
100N.W.lstAvenue
Delray Beach, Florida 33444
Dear Paul:
I support the expansion of Lemongrass Restaurant. It is nice to have a place
to eat in this area of the Downtown.
ScfiincerelY, /'/; ,-
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6309 Country Fair Circle
Boynton Beach, Florida 33437
Phone: 561-732-0207
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Mr. Paul Dorling
Director of Planning and Zoning
City of Delray Beach
100 N.W. IstAvenue
Delray Beach, Florida 33444
Dear Mr. Dorling:
Lemongrass Bistro is a restaurant that attracts much business in the
downtown area. Expanding this restaurant will only promote more customers
and a livelier atmosphere for Delray Beach. Please support the expansion of
Lemongrass Bistro.
Very Truly Yours,
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REC~I\n=n
SEP 0 8 2006
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325 E. Atlantic Ave.
Delray Beach, Florida 33483
Phone: 561-276-4194
September I. 2006
Paul Dorling
City of oelray Bea[;h
lDO NW 1st Avenue
oelray Bea[;h. Florida 33444
Dear Mr. oorling.
I am writing this letter to you regarding the expansion of lemongrass Restaurant. I feel that lemon-
grass should have the right to expand their business in this instan[;e. It will be good for the entire area.
Sincerely
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SEP D B 2006
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406 East Atlantic Avenue
Delray Beach, Florida 33483
Phone: 561-279A444
Martier Boutique
411 East Atbntic Avenue
Ddray Beach, Florida 33483
Phone: 561-278.7790
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SEP 0 8 2006
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Avalon Gallery
425 East Atlanti[; Avenue
Oelray Bea[;h. Florida 33483
Phone: 561-272 -8155
August 30, 2006
Mr. Paul Dorling
Planning and Zoning Department
100 N. W. 1 st Avenue
Delray Beach, Florida 33444
Dear Paul:
We support the proposed expansion of Lemongrass in downtown Delray
Beach. Lemongrass is one of Del ray's hidden secrets. Please approve this request.
Sipcere1y, '\ \ ,.J '\, (\ \ !,': , ,
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RECEf\lFD
SEP 0 8 2006
PlANPll[,)G & ZONING
August 31, 2006
12 SE 5th Ave
---.._._~--_._------
Mr. Paul DorIing;--Dlrector-~--------_.
City of Delray Beach
100 NW 1st Avenue
Delray Beach, Florida 33444
Delray Beaell, Florida 334133
561-276-9379
To Mr. Dorling:
Lemongrass has been a great neighbor and should be
allowed to expand. Their restaurant provides great
pedestrian traffic which flows over to our ice cream shop and
other business which helps the downtown area grow.
Very Truly Yours,
,()I./~~
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RECr-:PJ
SEP 0 B 2006
PLANNING & ZONING
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TO:
THRU:
P
, DIRECTOR OF PLANNING AND ZONING
NIOR PLANNER
FROM:
E
SUBJECT: MEETING OF OCTOBER 17, 2006, REGULAR AGENDA
REGULAR AGENDA CONDITIONAL USE EXTENSION REQUEST FOR
AVENUE EAST. LOCATED AT THE NORTHEAST CORNER OF S.E. 1ST
STREET AND S.E. 2ND AVENUE
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 LDR 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 expired on September 21, 2006. The
related site plan extension will be considered by the Site Plan Review and Appearance Board on
November 8, 2006. However, pursuant to LDR Section 2.4.3(F)(3)(a), the project must be evaluated
Cj,B
City Commission Documentation: Meeting of October 17, 2006
Avenue East (fka Grove Square) Conditional Use Extension Request
Page 2
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 noted previously, this project
was not constructed utilizing the new design guidelines. Compliance with these regulations would
require a total redesign of the project.
The applicant requested relief from this requirement via a waiver request. However, on October 3,
2006, the City Commission denied the waiver request to LDR Section 2.4.3 (F)(3)(a) and postponed
the consideration of the conditional use extension requests. The reconsideration is now before the
Board.
The written request to extend the conditional use and site plan approvals were appropriately filed
within the forty-five (45) days required by the LDR 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(FlC3) "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(8);
City Commission Documentation: Meeting of October 17, 2006
Avenue East (fka Grove Square) Conditional Use Extension Request
Page 3
(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.
"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-county area that has
experience with this type of project. This GC provided pricing for the project in January
City Commission Documentation: Meeting of October 17, 2006
Avenue East (fka Grove Square) Conditional Use Extension Request
Page 4
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:
. 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 FEC has been secured for three years.
Faison is committed to the Avenue 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. 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 FEe has been secured for three years.
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
City Commission Documentation: Meeting of October 17, 2006
Avenue East (fka Grove Square) Conditional Use Extension Request
Page 5
Development Regulations in effect at the time of consideration of the extension request and the
project shall comply with such current requirements. Compliance with these regulations would require
a redesign of the project which depending on the degree of change will require review by the Planning
and Zoning Board for the conditional use, and/or review by the Site Plan Review and Appearance
Board for the related site plan.
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.
If the request for the extensions are denied, it would necessitate the filing of new conditional use
and site plan applications. 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) & (3) 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
finding that the request, and approval thereof, does not meet criteria set forth in Section
2.4.4(F)(1) & (3) 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.
WEINER & ARONSON, P .A.
ATTORNEYS AT LAW
The Clark House
102 North Swinton Avenue
Delray 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
CAROLE J. ARONSON
JASON S.MANKOFF
KERRY D. SAFIER
OF COUNSEL:
ROBERT MARC SCHWARTZ, P A
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 Req'tlest for.Avenue, East
Our File No.: FAIS002
Dear Paul:
This letter is a waiver request pursuant to Section2.4.7(B)(2) of the City of Delray Beach.
Land Development Regulations ("LDR'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 Section2.4.7(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 fe-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 difficultto continue to proceed with other related activities. Additionally, as a result
of the Plat being delayed, this held up the responses tothe City comments by the appropriate
professionals. The Plathas now been recorded and the FPL Plan includes acomplete 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 emolition permit has been approved, Faison did not want to. begin
construction a en have the pro ye so ve lca cons ruction has not been commenced.
Moreover, since there are exis~ing 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 wentfor 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:\FAlS002\Letter to Paul Dorting 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 WaterlSewer 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 Hundrea'rwenty Dollars ($120.00) is enclosed.. Thank you very much for your
assistance' this matter. Please advise me of all respective dates.
Iy,
Mi a ~
MS .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)
O:\FAIS002\Letter to Paul Dorling re waiver request Sept 8, 2006.doc
PLANNING AND ZONING BOARD
CITY 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
Current Zoning.......................... Central Business District
(CBD)
Adjacent Zoning...............North: CBD .
South: Central Business District-
Railroad Corridor (CBD-RC)
East: Community Facilities (CF)
and CBD
West: CBD
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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IV.A.
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):
o To allow an increase to a maximum height of 60' (54'-3" proposed) [LOR Section
4.3.4(J) (4) (b)]; and
o To allow a density exceeding 30 dwelling units per acre (38.2 du/ac proposed) in the
Central Business District (CBD) [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 1 sl Street and SE 2nd Avenue (approximately 1.44 acres).
The subject property consists of Lots 2 and 3, Block 85, Town of Delray, and Lots 1-18,
Subdivision of Block 85. The property, which totals approximately 1.44 acres and has a zoning
designation of CBD, 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 II 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 II 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' ')ort
Conditional Use Requests for Gro.", 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 LOR Section 3.1.1 (Required Findings), prior to the approval of development
applications, certain findings must be made in a form which is part of the official record.
This may be achieved through information on the application, the staff report, or
minutes. Findings shall be made by the body, which has the authority to approve or
deny the development application. These findings relate to 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 CBO, 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 LOR 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. 'ort
Conditional Use Requests for Gro...~ 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. 'Jort
Conditional Use Requests for Grv...:: 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 Obiective A-1: Property shall be developed or redeveloped in a
manner so that the future use and intensity is appropriate and complies in terms of soil,
topographic, and other applicable physical considerations, is complimentary to adjacent
land uses, and fulfills remaining land use needs.
The property is developed and contains approximately 11,638 square feet of office floor area,
9,538 square feet of nightclub I 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 stated land use need by
providing 55 additional dwelling units and is therefore consistent with this policy.
Future land Use Element Obiective C-4: The Central Business District (CBD) represents
the essence of what is Delray Beach Le. a "village like, community by the sea". The
continued revitalization of the CBD is essential to achieving the overall theme of the
City's Comprehensive Plan of "A City Set Apart In South Florida". The following policies
and activities shall be pursued in the achievement of this objective:
Policy C-4.1: The CBD zoning district regulations shall facilitate and encourage
rehabilitation and revitalization and shall, at a minimum, address the following:
o Deletion of inappropriate uses;
o Incentives for locating retail on the ground floor with office and residential use
on upper floors;
o Accommodating parking needs through innovative actions;
o Incentives for dinner theaters, playhouses, and other family oriented activities;
o Allowing and facilitating outdoor cafes;
o Incentives for mixed use development and rehabilitation;
o Elimination of side yard setback requirements; and
Planning and Zoning Board Staff' oort
Conditional Use Requests for Gr<... .;; 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 Oelray 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 CBO zoning district.
Transportation Element Policy A-1.3: The City endorses the continued operations of the
Palm Tran Transit System and its operations in Oelray 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 0-2.2: Bicycle parking and facilities shall be required on
all new development and redevelopment. Particular emphasis is to be placed on
development within the TCEA Area.
The development proposal does not accommodate 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 School Square Cultural
Planning and Zoning Board Staff' 'Jort
Conditional Use Requests for Gr<.. ~ 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 B-2: Redevelopment and the development of new land shall
result in the provision of a variety of housing types which shall continue to
accommodate the diverse makeup of the City's demographic profile, and meet the
housing needs identified in this Element. Policies, which will implement this objective,
include:
Housina Element Policy B-2.2: The development of new adult oriented communities
within the City is discouraged. New housing developments shall be designed to
accommodate households having a range of ages, especially families with children, and
shall be required to provide three (3) and four (4) bedroom units and activity areas for
children ranging from toddlers to teens. This requirement may be waived or modified for
residential development located in the downtown area and for infill projects having fewer
than 25 units.
This 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 B-2.6: Housing in and near the downtown area, in close
proximity to employment opportunities and services, is a critical need. In order to help
stimulate demand for new housing in and around the Central Business District, the
development of new rental housing projects outside of the TCEA and North Federal
Highway area is discouraged.
The development proposal is consistent with Housing Element Policy B-2.6 as it provides the
desired type of residential development within the CBD.
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 'lort
Conditional Use Requests for Gro"c 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 LOR 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 ceo 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.
(iii) 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
circu lation.
Planning and Zoning Board Staff 'Jort
Conditional Use Requests for Gro.c: 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".
LOR 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 LOR
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. 'Jort
Conditional Use Requests for Growe 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 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.
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
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.
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. 'Jort
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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
distinguish 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 security 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 1 sl Street already exist, the sidewalk along SE 1 sl Street is
Planning and Zoning Board Staff oort
Conditional Use Requests for GrVvd 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 151 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 151 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 151
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 151 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 LDR 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.
LDR SECTION 2.4.5(E) - REQUIRED FINDINGS:
Pursuant to LDR Section 2.4.5(E) (5), in addition to provisions of Chapter 3, the City
Commission must make findings that establishing the conditional use will not:
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Conditional Use Requests for Gn...a 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 HeiQht:
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 Densitv:
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 oort
Conditional Use Requests for Grc...d 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:
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 staffs review of the sketch plan, the following analysis is
provided:
Buildina 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
Parkina Reauirement
Parkina SDaces Reauired
Residential Units
One Bedroom (19)
Two Bedrooms (36)
1.25 spaces per unit
1.75 spaces per unit
23.75
63
86.75
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.
2.66
Existing Restaurant 1 Retail Floor Area
1 per 300 sq. ft.
5.3 (Vested)
114.71 (115)
TOTAL
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 'Jort
Conditional Use Requests for Gru.c: Square
Page 14
Mixed-Use Parking Requirernents
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 reseNation of 75 parking spaces for the
residentiaf dwefJing 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 Parkina:
Pursuant to LOR 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 Parkina:
Pursuant to LOR Section 4.6.9(C) (1) (b), special parking spaces designed for use by the
handicapped shall be provided pursuant to the provisions of Florida Accessibility Code for
Building Construction. Accessibility for residential structures is covered by the Federal Fair
Housing Act. Pursuant to this act, two percent (2%) 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 Parkina:
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.
Lie htine:
A photometric plan has not been submitted for the development proposal. A photometric plan
consistent with the 'requirements of LOR 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' 10rt
Conditional Use Requests for Gro..: Square
Page 15
along SE 1 sl 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 1 sl Street already exist.
However, the sidewalk along SE 1 sl 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 1 sl 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.D.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.
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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 LOR 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 LOR 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 LOR 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 3 of 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 'Jort
Conditional Use Requests for Grv..: 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 1st 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 1st 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 MA M, Location Map, Site Plan, Floor Plans, Architectural Elevations, and Building Section
Staff Report Prepared by: Robert G. Tefft, Senior Planner
Planning and Zoning 80ard Staff' ")ort
Conditional Use Requests for Grc.....; Square
Page 18
1. Pursuant to LOR Section 2.4.3(8) (8), depict the approximate locations ot 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(8) (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(8) (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(8) (17), depict the locations ot the proposed light fixtures both within
the parking garage and on the site. Also, provide a detail ot 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(8) (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 tor 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' ot stacking distance is required between the SE 2nd
Avenue right-ot-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 ot 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-ot-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 'Jort
Conditional Use Requests for Gr<.. ~ 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 ADA 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 Delray Beach standards. Provide standard City of
Delray 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 1 st Street.
26. Provide note that water meter sizes are to be determined by the City of Delray Beach Utility
Department upon building permit application and remove the size indicated on the engineering plans.
27. Provide standard city RPZ backflow 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 cleanouts.
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 Delray 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 Delray 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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Bij Il.A.lfION
MICHAEL S. WEINER
CAROLEJ.ARONSON
JASON S. MANKOFF
KERRY D. SAFIER
October 13, 2006
Ms. Chevelle Nubin
City Clerk
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Re: Faison; Avenue East
Our File No.: FAlS002
Dear Chevelle:
WEINER & ARONSON, P.A.
ATTORNEYS AT LAW
The Clark House
102 North Swinton Avenue
Delray Beach, Florida 33444
Telephone: (561) 265-2666
Telecopier: (561) 272-6831
E-mail:mweiner@zonelaw.com
OF COUNSEL:
ROBERT MARC SCHWARTZ, P.A.
Florida Bar Board Certified
Real Estate Lawyer
RECEIVED
OCT 1 3 2006
CITY CLERK
Via Hand-Delivery
With regard to the above-mentioned project, please consider this letter a request to
postpone the matter before the City Commission to November 7, 2006.
Please call me should you have any further questions.
Very truly yours
A:::Cer
MSW:alv
0:\FAIS002\Letter to City Clerk.Oct 13, 2006.doc
q.[3
~
[ITY DF DELIAY BEA[H
DELRAY BEACH
f lOR I 0 ....
-.e.d
All-America City
, IIII;:~M:
MEMORANDUM
David T. Harden, City Manager
~obert A. Barcinski, Assistant City Manager
1993
2001
DATE:
October 12,2006
SUBJECT: AGENDA ITEM CITY COMMISSION MEETING
OCTOBER 17, 2006 SPECIAL EVENT REQUEST RUN FOR
MIRACLES
ACTION
City Commission is requested to endorse the 1 st Annual Run for Miracles sponsored by
the Milagro Center to be held on January 6, 2007 from 7:00 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-1-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-1-A from 8:00 a.m. until approximately 10:00 a.m.
BACKEiROUND
Attached is a permit request received from Evan Shulte, a high school student on behalf
of the Milagro Center, for this event along with an event map and budget. The event
proceeds will benefit the Milagro Center. The estimated overtime cost for this event is
$2,900, stage rental $265.00 and barricade rental $55.00. Per event policies and
procedures, since this is a first time event, there will be no charges for staff overtime or
rental costs.
RECOMMENDATION
Staff recommends approval of the event, the temporary use permit, request for staff
assistance, use of small stage, 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 conditional on the receipt of a certificate of insurance and hold
harmless agreement.
RAB/tas
File:u:sweeney/events
Doc: Agenda Item Run for Miracles 2007
@
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Event Approved/Denied
Approved/Denied by
PLEASE PRINT
Date of Approval/Denial
Title
DIilRMRACB:
.....
;1' II r
1993
2001
City of Delray Beach
Special Event Permit
Application
1. Event Namerritle: Rv(\ to r
2. ~ D~~~~A~ t" ~
M lc,::.\C!el <;;k
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A-pA~I~ /04M
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3.
4.
5.
6.
7.
8.
Event sponsor/Producer.~11ri) C~~
Event cont~~tlC90rdinato.r: .~\jt>..'f'. ~^'V i-;.
Address:~ \ I'::J L-.r. ,'"'" ~ . ......looc\ i _'::" r ('
Telephone Number:"SI~ 1 - .;)'1)(. ~OS-Cellular Number: .5~I' 0 Q'7 -
E-mail Address:e..-ktt1..St~li~e@~I~.t"l?nf.J+
Event Description: A SI-<: raL~ G')~ Jt. (..>f":!ter, r.s.. ~f1e [;J.il'-J.f
_I ~~", _.- f . /
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/
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~4J
i . 'v
9.
10.
no
12.
yes
.,,/
',;'
no
13.
14.
15.
16.
yes
"
/
no
yes
no
1
17.
18.
19.
20.
21.
22.
23.
to 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 ~mall stage 0 Half small
stage 0 /
Requesting signage: yes v
Type: Event sign (4 x4 ) Directional signs~e.5
Banner hanging 'If" <:., / Indicate dates required ~ r-, I - (0
(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
,/
//'
v/
,/
-/
no
no
no
no
no
no
./
/
-~
no V
no
no
Health Department approval: (see attached) yes~
Other vendors: yes
Tents: yes
(If yes; tent permits and fire inspeetions maybe needed)
Will the event include amusement rides? requiring state approval? /
yes no v
(If yes, type and location and copy of liability insurance requlred)(Also,
please provide the name, address and contact phone number for each
amusement provider along with copies of their liability insurance)
29.
30.
31.
32.
yes
no
,,/
/
,/
v/
34.
Will the event be gated?
(Show on-si'le map)
Will there be fireworks or other pyrotechnics? yes
(If yes; eontaet 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) /itL5 ~r oJ\ \\}(\'(\ff~
Will there be a charge for the event? yes nb
r: ~:~::i~:~ig::~~~~:? yes no /
(If yes, indicate locations)
no
no
33.
2
35. Nei hborhood Block Parties ., hbothood block artles on
. Is event sponsored by the Homeowner's Association? yes= no=
(If not, then indlvidual(s) submitting pennit 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 ot alcohol on City rights-ot-way will not be
permitted.4) Structures other than barricades are not allowed in City
rights.;;of~ay .5) Homeowners Association will be required to pay all
overtime costs that may be incurred as a result ot City staff involved in the
event.
7J / 7 / DC;
Date (
c--
Event Contractor/Coordinator +
Please print: ~V\, ~c:Lw (- c...
Please enclose the appro:riate non-refundable application fee payable to the City of
Delray Beach, 100 N.W. 1 Avenue, Delray Beach, Florida 33444.
For Staff Use On
Date Received I I
/
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Application fee received ~. iJI
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Site map
Budget
Certificate of insurance
Hold Harmless agreement
Security plan'
Waiver alcoholic beverage
Railroad approval
Coast Guard approval
501c(3) Of (a) certificate or letter
Health Department approval
Fire Inspector approval
p'olice Department approval
Public Works approval
Parks and Recreation approval
City Commission approval
3
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MYDELRAYBEACHCOM
City of Delray Beach
Administrative Services Memorandum
SUBJECT:
David T. Harden, City Manager
f!!JR.Obert A. Barcinski, Assistant City Manager
Agenda Item City Commission Meeting October 17, 2006
Waiver Request - City Costs/Garlic Festival
TO:
FROM:
DATE:
October 9, 2006
ACTION:
City Commission is being requested to consider a request received from Ms. Nancy Stewart to waive
charges for City services for the 2007 Garlic Fest.
BACKGROUND:
Attached is a request received from Ms. Nancy Stewart to waive the charges for City services for the
2007 Garlic Fest being held February 16-18,2007. The total estimated costs for City staff overtime and
rental charges for this event are $21,450. Per event policies and procedures the event sponsor is
responsible to pay approximately $8,350 for these costs. Ms. Stewart is requesting that these charges be
waived. Also attached is a copy of the list of contributions made to non-profit organizations by the Garlic
Fest as well as their 2007 budget.
I have expressed my concern to Ms. Stewart that if these charges are waived for this event then we will
set a precedent for other requests to waive City charges from other event sponsors. She feels that her
request is different since the Garlic Fest makes donations to other non-profit organizations for time
volunteers work for the event.
RECOMMENDATION:
Staff recommends denial of the request to waive charges for City services for the 2007 Garlic Fest.
RAB/tas
File:u:sweeney/agenda
Doc: Agenda Item for Garlic Fest 2007 Waiver Request for City Services
q.l)
WI
1: 11
~~
~\I~
DELRA~ BEACH
ARTS, INC.
October 4, 2006
TO: Bob Barcinski
FROM: Nancy Stewart
REF: Commission Agenda Item Request
Over the past 8 years, the Delray Beach Garlic Fest has grown into one of the
largest fund raisers for local Delray Beach non-profit and volunteer organizations
in the city. The event has distributed over $135,000 including a record breaking
donation year in 2005. The Fest has also donated over 2 tons of food to local
food pantries. In addition, the weekend of the event has become one of the
busiest of the year for downtowns restaurants and merchants. There is no doubt
that The Garlic Fest has become one of the city's signature events.
In that spirit, the Delray Beach Garlic Fest proposes that the City of Delray Beach
and the Delray Beach Garlic Fest form a partnership so we can continue to grow
our charitable donations and economic impact on the city.
City service costs have a major budgetary impact on the event. Last year's city
services totalled $16,100. Coupled with the spiraling cost of national acts over
the last five years, it is becoming evident that the event must seek additional
partnerships in order to survive and thrive.
The Delray Beach Garlic Fest offers the City of Delray Beach sponsorship in
exchange for relief from the costs of city services. This sponsorship would give
the City recognition in all media releases, newspaper advertising, publicity
posters, magazine ads/articles, brochures, flyers, website, radio and follow-up
public relations materials. The City will also get logo placement and
tagged/mentions on all Garlic Fest television spots, logo placements on the
official Fest web site and street banners. The Garlic Fest will also offer a free
day on Sunday, February 18, 2006 for all city employees.
The Delray Beach Garlic Fest is based on the original Garlic Festival in Gilroy,
California. Their level of community involvement is shown in the 4,000
volunteers involved each year from a city of less than 40,000 residents. The
volunteers and the support come from all areas of community- business, civic,
schools, churches and charities. In their 28 year history, the Gilroy Garlic
Festival has given $7.2 million back to the community. Our goal is to generate
this level of community involvement, to encourage the community embrace the
event as volunteers, sponsors and attendees so that we can continue to create a
model of citizenry working as one to improve our community. With the City's
support we are confident that we can reach this goal.
223 NE 1st Avenue
Delray Beach, FL 33444
(561) 279-0907
www.dbgarlicfest.com
.
,
2005 DELRAY BEACH GARLIC FEST
BENEFACTORS
(~ indicates 7"' Annual Delray Beach Garlic Fest Benefactors)
~ Atlantic High School Eagle-ettes
~ Banyan Creek Elementary School
~ Boy Scout Troop 301
~Caring Kitchen/Community Food Pantry
~Children, Hope & Horses
~Corebridge Educational Academy
~ Delray Beach Police Explorers
~ Delray Beach Public Library
~ Delray Rangers Travel Baseball Association
~Morikami Park Elementary School
~ Project Thanksgiving
~ The Miracle League
~ Young Singers of the Palm Beaches
~Delray Business Partners Chamber Leads Group
(on behalf of the Community Food Pantry)
2005 Contributions $46,000.00
~f0
BENEFACTORS TO DATE
505 TEEN CENTER - DELRAY BEACH YOUTH COUNCIL
ATLANTIC HIGH FOOTBALL TEAM
ATLANTIC HIGH JUNIOR VARSITY GIRLS BASKETBALL
AVDA (AID TO VICTIMS OF DOMESTIC ASSAULT
BOYNTON BEACH COMMUNITY HIGH SCHOOL TIGERETTES
BOYNTON/DELRAY EXCHANGE CLUB
CARVER MIDDLE SCHOOL
CITY OF DELRAY BEACH
COMMUNITY REDEVELOPMENT AGENCY
DELRAY BEACH CHAMBER OF COMMERCE EDUCATION FOUNDATION
FUTURE BUSINESS LEADERS OF AMERICA
HAVEN FOR ABUSED CHILDREN
HOSPICE OF PALM BEACH COUNTY
MILAGRO CENTER
OLD SCHOOL SQUARE EDUCATION MENTORING PROGRAM
PINE GROVE SCHOOL OF THE ARTS
PINEAPPLE GROVE - DELRAY BEACH
PINEAPPLE GROVE ART WALK
ROSA TUSA SCHOLARSHIP FUND
ST. VINCENT FERRER CATHOLIC CHURCH
UNITY OF ATLANTIC HIGH SCHOOL
X10 DANCE TEAM
Total Contributions to Date = $135,486.67
2007 Delray Beach Garlic Fest Proposed Budget
Ordinary BREAKDOWNI 2007
Revenues Jan - Dee 07 DETAIL BUDGET
Admissions (25,000 paid @ $8 ea) 200,000.00
Membership
Contracted Service Revenues
other Revenue' 123,200.00
Chair Rentallncorne 1,000.00
Alcohol Sales 40,000.00
Mercantile Area 2,500.00
TentlTable Rental 2,700.00
Vendor Fee Income 30,000.00
Food Income (25% of oross) 30,000.00
Rides/Children's Area (15% of gross) 17,000.00
Corporate Contributions 56,000.00
Soonsorship 56,000.00
Foundation Grants
other Private Support
Government Grants-Federal
Government Grants-State
Government Grants-Local
(not TDClPBCCCl 6,000.00
Recreation Assistance Grant 5,000.00
Cornrnunity Redevelooment Agency 500.00
Downtown Develoornent Authority 500.00
Cateaorv B or C Grant 5,000.00
Applicant Cash
Total Revenue 390,200.00
2007 Delray Beach Garlic Fest Proposed Budget
Ordinary Jan - Dee 07 BREAKDOWN! 2007
Expenses DETAIL BUDGET
Personnel-AdminITechlArtistic 53,900.00
Office Staff Person-Full Time 30.000.00
Vendor Coordinator 1,400.00
Event Coordination 2 500.00
Executive Director 10,000.00
CFO 10000.00
Personnel-Marketing
Outside Professional ServiCes- 88,000.00
Artistic
GraDhic Design 8,000.00
Photographer 1,500.00
Entertainment (National Acts, booking 77,000.00
fee, sound & liahts)
Web Desian 1 500.00
Outside Professional Servlces-
Marketing
Outside Professional Services- 94,350.00
other
City Services 16,100.00
(Fire Police P&R Public Works)
Contract Labor (Operations, Emcee, 19,100.00
Cash Roorn, Intern, Garlic Chef Stadiurn,
Bars,)
Private Security 7 500.00
Staae T echs 2,800.00
Professional Fees (Accountina. Leaall 2 850.00
Volunteer Contributions 46,000.00
Atlantic High Eagle-ettes
Banyan Creek E1ernentary School
Boy Scout Troop 301
Caring Kitchens
Children, Hope & Horses
Corebridge Educational Academy
Delray Beach Police Explorers
Delray Beach Public Library
Delray Rangers Travel Baseball Assoc.
Morikarni Park Elernentary School
Project ThanksgivinglUnited Way
The Miracle League
Delray Business Partners (Chamber
Leads Group)
Space Rental for Program 8,250.00
RentlMortaage 8,520.00
Office Rent 6 600.00
Storace Rent 1,920.00
Marketing/Advertising 18,111.00
Advertising Fee 4000.00
Annual Report Filing 61.00
Street Banners. 2 000.00
Billboard 500.00
Printina 3 050.00
Signage 500.00
Television Ads 4 250.00
Newspaper/Special Section 3,500.00
Web Hostina 250.00
TravellSupplieslother 13,794.00
Hotel rooms-National Acts 3.500.00
Hotel rooms-Staff 1,294.00
Office Supplies 7 000.00
Meals-Staff-Meetings 2,000.00
2007 Delray Beach Garlic Fest Proposed Budget
Remainlna Operatina Expenses 105,275.00
Apparel 7,600.00
No!. shirts, hats, staff, mercantile items}
Automobile exoense 500.00
Bank Service Charaes/Fees 1,025.00
Beer cost 12000.00
Liquor cost 15,000.00
GeneratorsIPower 12 000.00
Fencina 5,000.00
Mailing deliverv fees 1.850.00
Dues & Subscriotions 100.00
Education/Seminars 500.00
Equipment Rental (Diesel fuel, port-a- 33,300.00
lets, repairs, tents, tables, chairs, tower
lights, fencing)
Garlic Chef Stadium (aprons, food, 5,950.00
sUDolies. orize rnonev. troohiesl
Ice 1,000.00
Insurance 4550.00
Licenses & Permits 300.00
Cleaning Service 300.00
Repairs (Computer, eauiDmentl 1 ,300.00
T eleohone 2 500.00
VIP Party (Entertainment, bartenderl 500.00
Total Expenses 390,200.00
2007 Delray Beach Garlic Fest Proposed Budget
[ITY DF DELRAY BEA[H
DELRAY BEACH
f lOll I D A
D.Ir.Iad
All-America City
, IIII::~M
MEMORANDUM
David T. Harden, City Manager
~obert A. Barcinski, Assistant City Manager
1993
2001
DATE:
October 11, 2006
SUBJECT: AGENDA ITEM CITY COMMISSION MEETING
OCTOBER 17, 2006 - REQUEST TO EXTEND CLOSING HOURS
SANDOW A Y PARKING LOT AND MARRIOTT PARKING LOT
ACTION
City Commission is requested to consider approval of a request from Mark DeAtley to
extend the closing hours to 2:00 a.m. at Sandoway parking lot and Marriott parking lot on
Friday, October 20, 2006 and on Saturday, October 21, 2006 until 11 :00 p.m. to
accommodate Boston's on the Beach 27th Anniversary party.
BACK6ROUND
Attached is a request received from Mr. DeAtley requesting extended closing hours for
the Sandoway parking lot and Marriott parking lot to accommodate parking for Boston's
on the Beach 27th Anniversary Party. Regular closing time of the lots is 8:00 p.m.
This request was not received in time to be reviewed by the Parking Management
Advisory Board.
I would suggest approval based on the following:
1. Boston's provide security in the lots from 8:00 p.m. to 11 :00 p.m.
2. Boston's be responsible for locking both parking lot gates at 11 :00 p.m.
I have discussed these conditions with Mr. DeAtley and he has agreed to them. This is
similar to the approval given in 2004 to Mr. DonFrancisco except the lots were opened
until 2:00 a.m.
RECOMMENDATION
Staff recommends approval of the request to extend the closing time to 11 :00 p.m. on
October 20th and 21 st, 2006 for the Sandoway parking lot and Marriott parking lot with
the suggested staff conditions for Boston's on the Beach 27th Anniversary party.
RAB/tas
File:u:sweeney/agenda
Doc: Request to Extend Closing Hours for Boston's on the Beach
@
T E: F Fi
11
q.E
Barcinski. Robert
From:
Sent:
To:
Subject:
Sweeney, Tracey
Wednesday, October 04, 20064:39 PM
Barcinski, Robert
FW:
-----Original Message-----
From: Mark DeAtley [mailto:mda@bostonsonthebeach.com]
Sent: Wednesday, October 04, 2006 4:21 PM
To: Sweeney, Tracey
Cc: AsstCityMgr@MyDelrayBeach.com
Subject:
Dear Mr. Barcinski
Boston's on the Beach is celebrating it's 27th Anniversary October 18-22.
It is our intention to have an Italian Street Market in our parking lot on Saturday
October 21 from noon until 9pm, and on Sunday from noon until 6pm.
I spoke with Marci from code enforcement, and she relayed that there shouldn't be
any extra permits needed to have this event, but that I should touch base with you to
confirm. We will be having a stage with live entertainment on the North end of our lot,
and about 12-14 booths on the sides. Our plans are to have beer and vi no available and
vendor booths, and I believe we don't need an extension of license as it will be contained
on our property. The alley way will remain clear for traffic, and we will have extra valet
on hand to utilize extra parking from the Marriott.
I would like to request any waiver to the noise ordinance necessary for us to
proceed. Live Entertainment in the parking lot would be from Ipm until 9 pm on Saturday,
and from noon until 4 on Sunday. We will be having some smaller live entertainment in the
tiki bar until 11 pm wednesday thru saturday, and until 9pm on Sunday.
If there is any way that the Public Marriott Parking Lot, and Sandaway Lot can be
kept open for later hours,on any of those nights, especially Friday, Saturday and Sunday,
it would be greatly appreciated. This would greatly help traffic congestion.
Thanks for assistance in this matter, and please don't hesitate to contact me with
any questions or concerns.
sincerely,
Mark DeAtley
General manager
Boston's on the Beach/UpperDeck
561-441-4445
mark.deatley@oplhotels.com
1
or
tW1
TO: ~~A DE C~TYMANAGER
THRU: PA~~RLlNG, ECTOR OF PLANNING & ZONING
FROM: ~6TT ARONS PARKING MANAGEMENT SPECIALIST
SUBJECT: MEETING OF OCTOBER 17, 2006 - ***PRESENTATION***
REVIEW AND PROVIDE DIRECTION FOR THE SHUTTLE SERVICE
MARKETING AND GRAPHICS PLANS
At its meeting of September 19, 2006 the City Commission approved the implementation of the
shuttle service without the MPO Grant which, in all likelihood will not come to fruition. At that
meeting staff advised the City Commission that a presentation of the marketing and Graphics
plan would be made prior to the implementation of service.
The presentation will demonstrate the following:
1. Purpose and intent of the program;
2. Identify the various groups and associations and illustrate their collaborative efforts;
3. Introduce the various marketing strategies to be employed to maximize rider ship;
4. Present the graphics packages for the shuttle busses and shuttle stop signage;
5. Review routes and time schedules; and
6. Identify special events which the shuttle will be used to help alleviate historical parking
deficiencies.
The Shuttle Implementation Committee will review this presentation at its meeting of October
16, 2006. Their recommendation will be summarized during the presentation to City
Commission.
A. Move approval of the proposed marketing and graphics plan in its entirety or any
portions thereof,
B. Provide staff with further direction in conjunction with any and all of the marketing and
graphics plan, or
Move approval of the proposed marketing plan.
q.~
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w
lifCRA
RECEIVED
OCT 9 - 200&
CITY MANAGER
~
DflRAY BfACH
COMMUNITY REDEVELOPMENT AGENCY
October 4, 2006
Mr. David Harden
City Manager
100 NW 1st Avenue
Delray Beach, FL 33444
RE: Request to Dedicate SE 1st Avenue Parking Garage to Robert "Bob" Federspiel
Dear David,
At the CRA meeting of September 21, 2006, the Board voted unanimously to ask the City
Commission to name or otherwise dedicate the public parking garage that is being constructed on
SE 1st Avenue in honor of Bob Federspiel. As the CRA's attorney for twenty years Bob was a
significant force behind the redevelopment of the downtown. He played a major role in the
negotiation of the Worthing Place contracts, including the agreements that resulted in the
construction of the garage to replace the public parking spaces in the adjacent block. He grew
up in Delray Beach and dedicated a major part of his career toward its betterment.
The CRA will pay the costs of any signage or plaques associated with the naming, and will make
arrangements for the dedication ceremony.
Please have the item placed on an upcoming City Commission agenda. Thank you for your
consideration of this request.
~l~~
Diane Colonna
Executive Director
c: Chevelle Nubin, City Clerk
q.~
20 North Swinton Avenue ~ Delroy Beach, Florida 33444 ~ Phone: 561/27 6-8640 ~ Fax: 561/27 6-8558 ~ www.delrayera.org
,~
[ITY DF
CITY ATTORNEY
': iliACI!. FLORIDA 33444
\1\lILE: )hl/278-4755
Writer's Direct Line: 561/243-7090
DELRAY BEACH
f lOR I D A
D.fad
All-America City
, III1 , DATE:
,@ TO.
MEMORANDUM
October 12, 2006
FROM:
City Commission
David T. Harden, City Manager'
Terrill Barton, Assistant City Attorney ~
1993
2001
SUBJECT: Cheryl Wright-Deignan and Robert Deignan v. City
This is a third 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. Plaintiff's second offer of $6,000 was denied by
you at the October 3, 2006 City Commission meeting. This offer is for $2,500
($2,000 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 Commission discretion; however, we want to
alert you that we anticipate that our expenses to date and after a trial will be in the
$3,000 to $4,000 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 17, 2006.
TCB:smk
Attachment
cc: Susan Ruby, City Attorney
Chevelle Nubin, City Clerk
Frank Babin, Risk Manager
q.I
[ITY DF DElRAY BEA[H
CITY ATTORNEY'S OFFICE
!OO NW 1st I\VE"i l L . 1l1LRA Y BEACH. FLORIDA 33444
TFJ.EPIIONE: 'ihi /.: j . FACSIMILE: 5f1 1/278-4755
Writer's Direct Line: 561/243-7091
DELRAY BEACH
D.fad
All-America City
, III I! DATE:
1993 TO:
MEMORANDUM
October 12, 2006
City Commission
2001
FROM: Susan A. Ruby, City Attorney
SUBJECT: Railroad Insurance / FEC
The Supreme Court of Florida held in a recent case, that unless limited to a
specific amount in a contract, cities are responsible per the contract language for
the loses of another and there are no sovereign immunity limits. (American Home
Assurance Co. v. National Railroad Passenger, Corp., 908 SO.2d 459 (Fla. 2005).
This case appears to have spurred on the FEC to require a very broad
indemnification clause with no dollar limits from cities and specific insurance
coverages.
The City has twelve (12) railroad crossings and also leases four (4) additional
parcels adjacent to the FEC railroad tracts (See Exhibit 1).
The FEC has put forward new agreements that provide an unlimited
indemnification clause which requires the City to indemnify the FEC regardless of
whether the claim is attributable to the City or is the fault, failure or negligence of
the railroad. (See Exhibit 2).
The FEC requires a one million per occurrence and two million general aggregate
comprehensive liability insurance with a five million dollar excess coverage, as
well as other coverages. The FEC must be named as an additional insured on all
coverages and the forms of coverage are also specified (See Exhibit 3).
The quote that we received for the one million/two million coverage is $115,000.00
and we have confirmed that this primary coverage covers all the crossings and the
four (4) leased parcels as well. (See Exhibit 4) .
The Insurance underwriter that Lisa Rodriguez is dealing with to obtain the
insurance has asserted that they want to know if the City desires the primary
q.J
City Commission
October 12, 2006
Page 2
insurance before they spend the time to secure/quote the umbrella policy.
Nonetheless, Lisa Rodriguez has indicated to me that she will attempt to have a
range of the costs at least for the entire package, including the excess coverage.
If we are able to secure coverage in the amounts and in the form required by the
FEC Railroad, we will propose to the FEC that the City's exposure be limited to the
amount the insurance company pays on a claim.
By copy of this memo to Lisa Rodriguez, I ask that she seek again to obtain at
least a ballpark figure for not only the primary, but the excess insurance before
Tuesday night's City Commission meeting.
Please place this matter on the October 17, 2006 agenda for City Commission
directi n.
Attachments
cc: David Harden, City Manager
Doug Smith, Assistant City Manager
Chevelle Nubin, City Clerk
Bruce Koeser, Director of Human Resources
Frank Babin, Risk Manager
Lisa Rodriguez, Area Vice President, Arthur J. Gallagher & Co.
Page 1 of5
Ruby, Susan
From: Ruby, Susan
Sent: Wednesday, September 13, 2006 1:17 PM
To: 'Lisa_Rodriguez@ajg.com'; Harden, David
Cc: Babin, Frank; Shutt, Brian
Subject: FW: City of Delray Beach Railroad Liability
Lisa,
Here is a list of FEe railroad crossings.. Is it possible to give us a quote per crossing?
Susan .Jt. 'Ruby
City Attorney
200 N. W. 1st Ave.
Delray Beach, FI. 33444
Telephone: 561-243-7091
Facsimile: 561-278-4755
ruby@ci.del[ay-~each. fl. us
From: Krejcarek, Randal
Sent: Wednesday, September 13, 2006 12:51 PM
To: Ruby, Susan
Subject: RE: City of Delray Beach Railroad Liability
Susan,
Here are the FEC Mile Post Stations (MP) and FDOT #'s:
Lindell Blvd, MP 319+1,920', FDOT#272498Y
Linton Boulevard crossing is on a County Road. I do not have any information on this crossing.
SE 10th Street, MP 317+4,508', FDOT # 272495-D
SE 4th Street, MP 317+1,823', FDOT# 272494W
SE 2nd Street, MP 317+480', FDOT # 272493P
SE 1st Street, MP 316+5,088', FDOT # 272869G
E Atlantic Avenue, MP 316+4,424', FDOT # 272492-H
NE 1st Street, MP 316+3,757', FOOT # 272491 B
NE 2nd Street, MP 316+3,090', FDOT # 272490U
NE 4th Street, MP 316+1,644', FDOT # 272489A
George Bush Blvd, (NE 8th St), MP 315+5,167', FDOT # 272488-T
NE 14th Street, MP 315+3,138', FDOT # 272487L
Randal L. Krejcarek, P.E.
EXHIBIT 1
10/1 012006
REAL ESTATE LEASE
The Real Estate Lease ("Lease") is made as of this 17th day of December, 2006, by and
between Florida East eoast Railway, L.L.e.; a Florida limited liability company having an address of
One Malaga Street, St. Augustine, Florida 32084 (Railway "Railway") and CITY OF DELRA Y
BEACH, a Florida Municipal corporation, whose business address is 100 N. W. 1st Avenue, Delray
Beach, Florida 33444, ("Lessee").
1. Leased Premises: Railway hereby leases to Lessee and Lessee hereby leases from Railway
under the terms and conditions set forth in this Lease, the following described property:
Four Parcels of land on Railway's right of way and property at Delray Beach, Florida, more
particularly described as follows:
PARCEL A: A rectangularly shaped parcel of land measuring 25 feet, easterly and westerly, by 400
feet, northerly and southerly, on Railway's easterly right of way with northwest comer of said parcel
located 25 feet easterly from and at right angles to a point located in the centerline of Railway's main
track 3857 feet, more or less, southerly from Mile Post 316, as measured from Jacksonville, Florida;
thence continue southerly parallel with and 25 feet distant easterly from centerline of said main track
for a distance of 400 feet to a point; thence continue easterly, at right angles to aforesaid course, for a
distance of 25 feet to Railway's easterly right of way limit; thence continue northerly, coinciding with
Railway's easterly right of way limit and parallel with the centerline of said main track for a distance of
400 feet; thence continue westerly at right angles to previously described course, for a distance of 25 feet
to the Point of Beginning.
PARCEL B: A parallelogram-shaped parcel of land measuring 18 feet, east and west, by 1275 feet,
northerly and southerly, on Railway's westerly right of way with northeast comer of said parcel
located 32 feet distant westerly from and at right angles to a point in the centerline of Railway's main
track, 3107 feet, more or less, southerly from Mile Post 316, as measured from Jacksonville, Florida;
thence continue southerly, parallel with and 32 feet distant westerly from centerline of said main track,
for a distance of 1275 feet; thence continue west for a distance of 18 feet to Railway's westerly right of
way limit; thence continue northerly along said westerly right of way limit for a distance of 1275 feet
to a point; thence continue east for a distance of 18 feet to said Point of Beginning.
PARCEL E: A rectangularly-shaped parcel of land on the easterly side of Railway's right of way for
its main track, with said parcel being 25 feet in width, easterly and westerly, by 650 feet, more or less,
in length, northerly and southerly, with easterly limit of said parcel of ground space coinciding with the
Railway's easterly right of way line, westerly limit being parallel with and 25 feet distant easterly of
the centerline of the Railway's main track and northerly limit being located 505 feet, more or less,
southerly from Railway's Mile Post 317 from Jacksonville, Florida.
PARCEL F: Beginning at a point located 4450 feet, more or less, southerly from Railway's Mile Post
317 from Jacksonville, Florida, and 28 feet westerly of the centerline of Railway's main track; thence
extending southerly parallel with and 28 feet distant westerly from the centerline of Railway's main
track for a distance of 460 feet, more or less, to a point located 8 feet distant northerly of the north line of
Swinton Avenue, as measured at right angles therefrom; thence westerly parallel with and 8 feet distant
northerly from the north line of Swinton Avenue for 30 feet, more or less, to Railway's
westerly right of way line; thence northerly along said westerly right of way line for 430 feet, more or
less; thence easterly from said westerly right of way line for 430 feet, more or less; thence easterly for
23 feet, more or less, to the Point of Beginning.
All as shown on Railway's Drawing No. A-1277-A, dated November 29, 1996, A-1277, dated
November 29, 1996, last revised May 30, 2000, and A-1277-e dated November 29, 1996, attached
hereto and made a part hereof (collectively with any buildings, facilities and improvements currently or
in the future located on the described property, the "Leased Premises").
7341
eounty: Palm Beach
eontract Type: 41
File:
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9. Signs
Lessee shall not place any signs on the Leased Premises except with the prior
written consent of the Railway, including consent as to location and design, which may be
withheld in Railway's sole discretion. Any and all such approved signs shall be installed and
shall be maintained by Lessee, at its sole cost and expense and shall be in compliance with all
applicable laws. Lessee shall be responsible to Railway for the installation, use, or maintenance
of said signs and any damage caused thereby. Any signs on the Leased Premises shall be
considered part of Lessee's Property for purposes of Paragraph 14 hereof and Lessee shall
remove said signs in accordance with same prior to termination or expiration of the Lease.
10. INDEMNIFIeATION
A. Indemnification
Lessee hereby agrees to indemnify, defend and hold harmless Railway from and
against any and all liability for any loss, injury or damage, including, without limitation, damage to
the Leased Premises or to Lessee's property, consequential damage, all costs, expenses, court costs
and reasonable attorneys' fees, imposed on Railway by any person whomsoever that occurs on or in
(i) the Leased Premises, or (ii) any lands, buildings, structures, access areas or the like adjacent to
the Leased Premises, as a result of or arising from or related in any way to the acts or failure to act
of Lessee, its employees, agents or contractors, including any failure to comply with the terms
and conditions of this Lease, or the presence of Lessee, its employees, agents or contractors, or the
property of any of the same, on the Leased Premises or adjacent areas, and REGARDLESS OF
THE eAUSE AND REGARDLESS OF WHETHER ATTRIBUTABLE TO THE FAULT,
FAILURE OR NEGLIGENeE OF RAILWAY. The commercial liability insurance that
Lessee is required to carry pursuant this Lease shall include coverage of the foregoing
contractual indemnity. The provisions of this paragraph 10.A. shall survive the expiration or
any termination of this Lease.
B. Lessee's Insurance
Lessee will throughout the Initial Term and any Renewal Terms(and any other
period when Lessee is in possession of the Leased Premises or has failed to comply with the
requirements of paragraph 14 of this Lease) carry and maintain, at its sole cost and expense, the
following types of insurance, which shall provide coverage on an occurrence basis, with respect
to the Leased Premises, in the amounts specified with deductible amounts reasonably satisfactory to
Railway:
(1) eommercial General Liability Insurance. eommercia1 general liability ("eGL")
insurance covering claims arising from personal injury, death and property damage with
minimum limits of $1,000,000.00 per occurrence and $2,000,000.00 general aggregate and
insuring against legal liability of the insured with respect to the Leased Premises or arising out of
the maintenance, use or occupancy thereof. The eGL policy shall include contractual liability
coverage of all such liabilities arising pursuant to the Lease.
EXHIBIT 2
7
9. ~
Lessee shall not place any signs on the Leased Premises except with the prior
written consent of the Railway, including consent as to location and design, which may be
withheld in Railway's sole discretion. Any and all such approved signs shall be installed and
shall be maintained by Lessee, at its sole cost and expense and shall be in compliance with all
applicable laws. Lessee shall be responsible to Railway for the installation, use, or maintenance
of said signs and any damage caused thereby. Any signs on the Leased Premises shall be
considered part of Lessee's Property for purposes of Paragraph 14 hereof and Lessee shall
remove said signs in accordance with same prior to termination or expiration of the Lease.
ill. INDEMNIFIeATION
A. Indemnification
Lessee hereby agrees to indemnify, defend and hold harmless Railway from and
against any and all liability for any loss, injury or damage, including, without limitation, damage to
the Leased Premises or to Lessee's property, consequential damage, all costs, expenses, court costs
and reasonable attorneys' fees, imposed on Railway by any person whomsoever that occurs on or in
(i) the Leased Premises, or (ii) any lands, buildings, structures, access areas or the like adjacent to
the Leased Premises, as a result of or arising from or related in any way to the acts or failure to act
of Lessee, its employees, agents or contractors, including any failure to comply with the terms
and conditions of this Lease, or the presence of Lessee, its employees, agents or contractors, or the
property of any of the same, on the Leased Premises or adjacent areas, and REGARDLESS OF
THE eAUSE AND REGARDLESS OF WHETHER ATTRIBUTABLE TO THE FAULT,
FAILURE OR NEGLIGENeE OF RAIL WAY. The commercial liability insurance that
Lessee is required to carry pursuant this Lease shall include coverage of the foregoing
contractual indemnity. The provisions of this paragraph 10.A. shall survive the expiration or
any termination of this Lease.
V B.
Lessee's Insurance
Lessee will throughout the Initial Term and any Renewal Terms(and any other
period when Lessee is in possession of the Leased Premises or has failed to comply with the
requirements of paragraph 14 of this Lease) carry and maintain, at its sole cost and expense, the
following types of insurance, which shall provide coverage on an occurrence basis, with respect
to the Leased Premises, in the amounts specified with deductible amounts reasonably satisfactory to
Railway:
(1) eommercial General Liability Insurance. eommercial general liability ("eGL")
insurance covering claims arising from personal injury, death and property damage with
minimum limits of $1,000,000.00 per occurrence and $2,000,000.00 general aggregate and
insuring against legal liability of the insured with respect to the Leased Premises or arising out of
the maintenance, use or occupancy thereof. The eGL policy shall include contractual liability
coverage of all such liabilities arising pursuant to the Lease.
EXHIBIT 3
7
ill eomprehensive Automobile Liabilitv Insurance. eomprehensive automobile
liability insurance with a limit of not less than $1,000,000.00 per occurrence for bodily injury,
$500,000.00 per person and $100,000.00 property damage or a combined single limit of
$1,000,000 for both owned and non-owned vehicles.
ill Excess Liability Insurance. Lessee shall also carry and maintain umbrella liability
insurance with a limit of not less than $5,000,000.00 per occurrence.
ill Property Insurance. Extended or broad form coverage property insurance
including plate glass coverage on a replacement cost basis, with coverage equal to not less than
ninety percent (90%) of the full replacement value of all personal property, decorations, trade
fixtures, furnishings, equipment, alterations, leasehold improvements and betterments made by
Lessee, and all other contents located or placed in the premises. In the event any casualty occurs,
Lessee agrees to pay the difference between the insurance coverage required to be maintained
hereunder and an insurance policy offering coverage of one hundred percent (100%) of the full
replacement value of the property described in this subparagraph.
ill Workers' eompensation and Employers' Liabilitv Insurance. Workers'
eompensation Insurance covering all employees of Lessee, as required by the laws of the State of
Florida and Employers' Liability coverage subject to a limit of no less than $500,000 each employee,
$500,000 each accident, and $1,000,000 policy limit.
{Q} Policy Form. All policies referred to above shall: (i) be taken out with insurers
licensed to do business in Florida having an A.M Best's rating of A-, elass IX, or otherwise
approved in advance by Railway; (ii) name Railway and Railway's property manager as
additional insureds; (iii) be non-contributing with, and shall apply only as primary and not as
excess to any other insurance available to the Railway or any mortgagee of Railway; (iv) have all
railroad exclusions removed, and (v) contain an obligation of the insurers to notify the Railway
by certified mail not less than thirty (30) days prior to any material change, cancellation, or
termination of any such policy. eertificates of insurance on the Railway's standard form or, if
required by a mortgagee, copies of such insurance policies certified by an authorized officer of
Lessee's insurer as being complete and current, shall be delivered to the Railway prior to
Lessee's use of the Leased Premises hereunder and promptly upon request. If Lessee fails to
deliver the required certificates or certified policies, fails to take out or to keep in force any
insurance required hereunder, or should any such insurance not be approved by either the
Railway or any mortgagee, then Railway has the right, without assuming any obligation in
connection therewith, to procure such insurance at the sole cost of the Lessee, and all outlays by the
Railway shall be paid by the Lessee to the Railway without prejudice to any other rights or remedies
of Railway under this Lease. Lessee shall not keep or use in the Leased Premises any article that
may be prohibited by any fire, casualty or other insurance policy in force from time to time covering
the Leased Premises.
e. elaims Handling
If a claim or action is made or brought against either party and for which the other
party may be responsible hereunder in whole or in part, such other party shall be notified and
permitted to participate in the handling or defense of such matter.
8
INSTRUCTIONS
1. Kindly have the appropriate authority sign ALL copies of the agreement on LAST PAGE, where
indicated by check marks. Execution on behalf of a partnership should be accomplished by the General
Partner of a limited partnership and by all partners of a general partnership. One partner may sign on
behalf of a general partnership if accompanied by authorization to bind the partnership signed by all of
the partners. Execution on behalf of a corporation should be accomplished by the President or Vice
President. An official other than the President or Vice President executing this instrument should furnish
documentary evidence of authority to execute and to bind the company. Secretary of the eorporation
should attest the agreement and indicate date of execution.
2. Have two (2) separate persons witness the signatures to the left thereof, AFFIXING THE
eORPORA TE SEAL (if corporation is involved).
3. Please verify the Industry name, address and state of incorporation on Page 1, making any necessary
corrections, however, DO NOT alter or add to the provisions of this document. If, for any reason, you
cannot execute same in its present form, kindly return to the undersigned with your comments in writing.
4. DO NOT INSERT EFFEeTIVE DATE OF AGREEMENT.
5. Return ALL copies of the agreement to this office at One Malaga Street, St. Augustine, Florida 32085.
When completed, one fully executed copy of the agreement will be returned to you for your files upon
completion of execution.
6. Also attached is Lease/License Tenant Information Sheet that must be filled out completely and
returned with executed agreements prior to lease/license execution by Railway.
Include eertificate of Insurance with the required coverage outlined on Page 6 of the Lease Agreement.
Florida East eoast Railway, LLe must be named as the additional insured on all certificates. Failure to
provide eertificate oflnsurance with the required coverage would be non-compliance ofthis agreement.
Trackage Agreements do not require proof of insurance.
8. Include check for rental, FSUT, security deposit and processing fee (if applicable).
9. Failure to execute the agreement exactly as indicated above will result in rejection by our Law
Department and require resubmission for proper execution.
Page 1 of 4
Ruby, Susan
From: Lisa_Rodriguez@ajg.com
Sent: Tuesday, October 10, 2006 3:27 PM
To: Ruby, Susan
Cc: Babin, Frank; Joyce_Schwartz@ajg.com
Subject: RE: Railroad ins
Susan:
I just got confirmation that the $100,000 is for the primary $2MM, we will get her to quote the additional limit as
well as see if we can obtain a better deal on the excess from our reinsurance unit in London, but the underwriter
wants to know if you are agreeable to the $115,000 premium for the primary before securing the excess. Sorry
about that, I think she's being difficult because she knows she is the only game in town. As respects coverage,
yes per our previous quote both the Rail Road and the City are covered. With respect to other contractors, you
would need to secure Certificates of Insurance from anyone you hire in the normal course of any contractor doing
work at or for the City,
Regards,
Lisa
**************************************************************
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,
"Ruby, Susan" <Ruby@cl.delray-beach.f1.us>
10/10/200603:01 PM
To <Lisa_Rodriguez@ajg.com>, "Babin, Frank" <Babin@cLdelray-beach.f1.us>
cc <Joyce_Schwartz@ajg.com>
Subject RE: Railroad ins
Yes we sent the crossings previously. I just sent them again. ean we get a quote for on a per crossing
basis? By eopy to David Harden, I would like for him to see the cost estimate so far as stated below.
Please let us know if the $100, 000 includes the primary and 5 million excess as well. Please assure us it
covers the FEe negligence as well as ours or contractors that may do work in the right of way. Thanks,
Lisa.
EXHIBIT 4
10/12/2006
MEMORANDUM
t1
FROM:
David T. Harden, City Manager
Dough, E. Smith, A"j,tant City M=oger (jJ.
October 13,2006
TO:
DATE:
SUBJECT:
AGENDA ITEM -CITY COMMISSION REGULAR MEETING OCTOBER 17 20 6
AGREEMENT /NEWLETTER PRODUCTION SERVICES/POLLACK COMMUNICATIONS
ACTION
The City Commission is requested to approve a proposal for the production of a new City newsletter publication.
BACKGROUND
At the September 12, 2006 Commission workshop meeting, the Commission gave direction for staff to provide pricing for a
new City newsletter publication. Staff obtained proposals from five companies for producing the newsletter.
The City received proposals from the following firms: Pollack Communications (Delray Beach), Brand Guy (palm Beach),
Kaliah Communications (Lake Worth), Ambit Marketing (Fort Lauderdale), and Salk Marketing (pompano Beach)
A summary of the finn's pricing for six issues (10,000 copies per issue) is as follows:
One-Time Design/ Design/Writing (6 Printing/
Firm Charge Writing, etc. issues) + 1 Time Mailing Prep (6
ner issue Char~ issues)
Pollack $700 to $1,000 $1,200 $7,900 to $8,200 $13,200
Brand Guy $4,584 $3,795 $27,354 TBD*
Kaliah $400 $2,450 $15,100 $16,800
Ambit $2,000 $4,500 $29,000 $21,288
Design - $100 (base)
Salk $350 (base) Writing - $760 to $950 TBD $11,771
(~stimated)
*Brand Guy provided a price estimate of $7,032 for printing and bulk mailing, but suggested that prices be obtained from
various firm.
The proposal from Pollack Communications provides very competitive pricing. While the proposal from Salk Marketing
potentially provides lower design/writing fees per issue, Salk Marketing outsources the writing component. Pollack
Communications is a local finn and produces the Downtown Wire Publication for the Downtown Marketing Cooperative
(sample copy attached). Pollack Communications also provided fixed monthly costs (in contrast to the hourly writing rate
from Salk). Staff proposes contracting with Pollack for the writing, editing, photography, design and project management
components in the amount of $8,200 ($1,200 per issue) for a one year agreement. Staff recommends contracting separately
with a printing company for the printing/mailing preparation portion. Funding for Pollack Communications' services is
available from 001-1316-512.34-90 after budget transfer.
Mailing of the newsletter can be accomplished using the voter registration list to establish a mailing list. Estimated mailing
costs are a total of $13,200 for six issues. Using an estimate of $13,200 for printing/mailing preparation and $8,200 for
Pollack Communications' services yields an estimated first year cost of $34,600 for the newsletter.
Name suggestions for the newsletter provided by Public Information Officer Ivan Ladizinsky are "Home Page" or "Delray's
Home Page" which provides a theme that emphasizes the City's web site, and the Mayor suggested "Get Connected" as a title
for the publication.
RECOMMENDATION
Staff recommends Commission authorization for staff to prepare and for the City Manager to execute a one-year agreement
with Pollack Communications for newsletter production services in the amount of $8,200.
Smith Memo Newsletter Production Costs 101706
Proposal for City of Delray Beach Newsletter
From
Pollack Communications Inc.
Overview and Background:
Pollack Communications is a Delray Beach-based writing, editing and
publications company providing effective communications solutions to
businesses, non-profit organizations and government agencies. Pollack
Communications uses an integrated approach to present information to readers
on behalf of its clients, focusing on telling the clients' stories in a way that is
interesting and reader friendly. We excel at simplifying complicated issues and
explaining those issues.
Current and previous clients include:
· Greater Delray Beach Chamber of Commerce - TradeWinds Newsletter
· Spady Cultural Heritage Museum - Quarterly Newsletter
· Downtown Marketing Cooperative - Quarterly Newsletter
· Weston Hills Country Club - Quarterly Newsletter
· Delray Beach CRA - Annual Report (2006)
· Perry Institute for Marine Science - Annual Report (2002 - 2003)
· ADT Monthly Newsletter (2001-2002)
In addition, Pollack Communications provides advertorial and editorial content for
several local and national publications on a contractual basis. Rich Pollack, a
principal of Pollack Communications Inc. has been a resident of the Delray
Beach area since 1975 and has covered the community for three newspapers.
Carol L. Csomay, a principal and editor, has lived in South Palm Beach County
since 1978. She has been a reporter and served as a writer, editor and
consultant for a variety of clients.
Proposed Delray Beach Newsletter to Residents
(Supplement to News for Neighborhoods)
Objective
Based on a brief discussion with city staff, it is our understanding that proposals
are being sought for the production of a newsletter that would enhance
communication to city residents, including many who do not receive News for
Neighborhoods for a variety of reasons. Realizing that any publication is
competing for readers' time, we recommend a strategic approach be taken to
present information to residents in a reader-friendly and visually interesting
fashion.
Strategic Goal
The mission of this publication should be to objectively communicate - through
compelling graphics and easy-to-understand stories - innovations that
positively impact the residents of Delray Beach.
Outcome
By adhering to the mission, we believe the publication will foster an
understanding of key issues and an appreciation of the benefits of living,
working or visiting in Delray Beach.
Product Description
Pollack Communications envisions a product that is written in an informal tone
yet contains a high level of design and content sophistication. At all times, the
needs and wants of the audience must be considered. Strongly adhering to the
belief that people will read about people, Pollack Communications believes that
stories, whenever possible, should feature individuals or those who are
benefiting from innovations. An example would be to tell the story of the
Community Land Trust through the eyes of a resident who now owns a home
(not property) thanks to the land trust and how that has impacted his or her life.
A story on the Clean and Safe Program could be told through the eyes of a
merchant who see improvements to his business as a result of that effort.
Format:
Frequency:
Distribution:
8.5 x 11, full-color on glossy stock, 4 pages
Every other month
Direct mail
Financial Considerations
In preparation of this proposal, Pollack Communications solicited bids from four
firms to assist with production, printing and design. Those firms are:
· Avenue Creative
· CMG Graphics
· Perna Design
· SCP Commercial Printing
Based on those bids, we would like to propose the following fee structure:
Overall price per edition for 6,000 copies
Includes writing, editing, design, printing and mailing to provided list. Postage not
included.
· 6,000 copies; $2932 or $0.48 each
· 10,000 copies; $3420 or $0.34 each
· 20,000 copies; $4758 or $0.24 each
A fulfillment rate of $52 per thousand is included.
Breakdown of printing and mailing charges:
Printing:
Mailing:
6,000
$1 ,420
$312
10,000
$1,680
$520
20,000
$2,518
$1,040
The remainder includes:
Writing, Editing, Photography, Design and Project Management at a rate of
$1,200 per issue.
In addition, we would request an initial set-up fee of between $700 and $1000 for
design of a masthead and of the initial issue.
Terms of Agreement
Prior to commencement of work, Pollack Communications would respectfully
request a meeting with city representatives to ensure that expectations are
agreed upon. At that time, Pollack Communications would respectfully request
that a project coordinator be designated by the city and that terms and scope of
the project be agreed to in writing.
Thank you for your consideration.
Res pectfu lIy,
Richard S. Pollack
Carol L. Csomay
Pollack Communications
?!~~ t) LJ~{ '(0 ~~\{:(
D*E*L*R*A*Y * B*E*A*C*H
A NEWSLETTER FOR MERCHANTS AND BUSINESSES
Beach Area Merchants Benefit From
Delray's Fourth of July Celebration
It was a day of celebration, with thousands of
visitors coming to Delray's beach district to
show their patriotism on the Fourth of July and to
enjoy music, sand sculptures, a patriotic bike contest
and, of course, Delray Beach's fabulous fireworks.
For many merchants along Atlantic Avenue,
especially those from the bridge to A 1 A, the Fourth
of July was also an opportunity to bring in new
customers and to perhaps start new relationships
that could lead to long-term business opportunities.
Along the avenue, merchants intent on taking
advantage of the increased number of people
walking by did everything from putting flags in the windows to having young ladies in hula skirts
handing out promotional fliers,
For some, like Stephanie Graniero of the Oh My Bod clothing boutique, a simple sales rack in
front of the store was all it took to make this Fourth a success,
"People are always looking for a bargain," says Graniero,
who filled a $10 sales rack with merchandise she wanted to
move, "If you can do something to draw them in then they
might buy something else and you'll have a bigger sale."
Like many merchants in
the beach district, Graniero
makes it a poi nt to take
advantage of other special
events, including art shows
that are coordinated by
the Downtown Marketing
Cooperative.
But the Fourth of July cele-
bration, she says, is special.
"People feel like they're
on vacation," Graniero says,
"It just puts the buying bug in
them." >:~
Villalle b~4
tlfe sea ~
UPCOMING EVENTS
The Downtown Marketing
Cooperative puts on several
events during the course of
the year designed to help bring
visitors downtown. For more
information on upcoming
events and how your business
can benefit call Leah Norat at
(561) 279-1380, ext. 17.
Art If Jazz on the Avenue
6 p.m. to 10 p.m.
AtlantiC Avenue
Aug. 17
Oct. 1 9
Nov. 30
Jan. 1 8
2006 Holiday Festivities
100-foot Christmas Tree
Breakfast with Santa
Kids Day at the Tree
Nov. 30, 2006 - Jan. 7, 2007
First Night- 2007 New
Year's Eve Celebration
4 p.m. - midnight
Atlantic Avenue
Dec 31, 2006
The Buzz:
Get Plugged In on News From Downtown with lIThe Buzz"
Congratulations to Bob lacasse, GM of the Delray Beach
Marriott, for winning the First Annual Mike Walsh Fishing
Sales Contest · Did you know that Delray Beach has its own city
radio station to be used in the case of hurricane or other serious
emergency? · After 26 years as manager and co-owner, Perry
DonFrancisco has sold Boston's on the Beach to Ocean Properties.
Perry plans to stay involved in the DB community through his char-
itable and civic efforts. Have you heard that there is a new Tex-
Mex restaurant opening on the Avenue? · Delray Beach has
received a three-year grant for a downtown shuttle that would take
passengers from the Atlantic Avenue Tri-Rail station to various
Summer 2006 . Issue 1
downtown locations (1-95 to the beach). Stay tuned for more details
· Congratulations to Mike Hammad, owner of the Community
Marketplace, who has been invited to Washington D.C. to attend a
Presidential dinner · Construction is set to start soon on Worthing
Place, which will be located south of East Atlantic Avenue behind
Worthing Park and will contain 217 condominiums, retail and park-
ing. nReagan & Company Day Spa is moving to the DB Marriott
later this summer. Knish Nosh, a New York landmark since 1952,
will be opening in Pineapple Grovels CityWalk; do you know what
a 'knish' is? · The Downtown Marketing Cooperative is in the
process of updating its website, look for more news soon. *
www.downtowndelraybeach.com
(561) 279.1380, ext. 17
Clean and Safe Program Improves Downtown
In an effort to better maintain and preserve
the major improvements and investments in
the downtown area, Delray Beach has launched
a new Clean and Safe program, which is now
operational. The coordinated effort involving
several city departments is funded largely by the
Delray Beach CRA and is designed to improve
publ ic safety, street I ighti ng, landscape
maintenance and cleanliness and appearance.
It also aims to improve communications
between city staff and the business community.
A core team consisting of a supervisor and
four general maintenance workers is responsi-
ble for litter pick up and general landscape
maintenance Wednesdays through Sundays. A
team from the Parks and Recreation Department
is responsible for tree and irrigation mainte-
nance. A full-time electrician has been assigned
to inspect and repair decorative lighting once a
week, as well as inspect and report FPL outages
and assist in banner maintenance, Four police
officers have been assigned to the program and
code enforcement efforts have been enhanced,
focusing on illegal signs, sidewalk cafe viola-
tions and dumpster conditions.
The Clean and Safe district includes the area
one block north and south of Atlantic Avenue
from Ocean Boulevard to West 12th Avenue,
Northeast Fourth Avenue to Northeast Second
Street and Pineapple Grove Way from Atlantic
Avenue to Northeast Fourth Street, as well as all
city-owned parking lots within this area,
Meet Your Downtown Police Officers
As part of the city's Clean and Safe program, four
Delray Beach police officers are assigned to the
district and have already gotten to know many of the
downtown merchants.
Lt. Jeff Goldman of the Police Department's
special operations section has overall responsibility
for the department's Clean and Safe program and
works with each of the officers to enhance downtown
community contacts and law enforcement efforts.
The four officers working in the downtown district
are assigned to two separate shifts, allowing for
coverage seven days a week.
In addition to Goldman, a 17-year-veteran of the
A Lt. Jeff Goldman and Officer
pol ice department who also serves as SW T Mary Duggan.
commander, Clean and Safe Team liaison officers are:
Officer Chuck Drummond, who has been with the Delray Beach Police
Department since 1989; Officer Mary Duggan, who served with the New York City
Police Department for 15 years before coming to Delray in 2002; Officer Kenny
Duarte, who has served with the Delray Beach Police Department since 1990; and
Officer Jimmy Horrell, who has been with the police department since 1989.
Drummond and Duggan work weekends from 3:30 p.m. to 3 a.m. and
weekdays on a flexible 11.5-
hour shift as needed. Duarte
and Horrell work from 6:00
p.m. to 5:30 a.m.
You can reach any of the
above officers by calling
243-7888,
Officer Horrell Officer Drummond
Face to Face with:
G Delray Beach City Engineer Randal Krejcarek
. ~. The city of Delray Bea~h is w~rking on severa! projects that will impact the do~ntown busin~ss
. . community. We asked City Engmeer Randal KreJcarek about the status of these Important proJects.
Q. Has a definite design or plan been decided on
for the Federal Highway Traffic Calming Plan?
A. The consultant has developed three alternatives for
the US 1 corridor between Southeast Fourth Street and
Northeast Fourth Street. These alternatives were presented
to the public this past January. The alternatives are also
available for viewing at: http://www.delraycra.orgl The
city has not made any decision regarding which
alternative will be pursued. Any comments on the alternatives
can be sent to: krejcarek@ci.delray-beach.fl.us
Q. When will the balance of the West Atlantic
streetscape projed be completed, as well as the
Gateway area off of 1-95?
A. The balance of the West Atlantic Avenue streetscape
beautification, between West 12th Avenue and West Sixth
Avenue, is currently scheduled to begin in 2008. This work will
be completed by the Florida Department of Transportation
(FOOT) and will include resurfacing Atlantic Avenue from West
12th Avenue to SR AlA, excluding the section between Swinton
Avenue and East Fifth Avenue. The Gateway project
construction should begin in early 2007. The city
anticipates receiving notice to proceed from FOOT on
the grant portion in December of this year.
Q. When will the new Art projed be completed
under the Intracoastal bridge, as well as the
boardwalk to the marina?
A. The contract with the artist states that the project will be
completed within six months of receiving notice to proceed.
Notice to proceed cannot be issued until a FOOT permit is
obtained. We are currently working with FOOT to obtain the
permit. Funding for the boardwalk will be proposed in the
2006-2007 capital budget. If funding is approved and an
alternative is chosen, construction could begin in 2007.
Q. How long will it take to complete the Old School
Square garage?
A. The current schedule from the contractor indicates
construction will take approximately 16 months.
1 THE DOWTOWN WIRE' www.DOWNTOWNDELRAYBEACH.cOM
Making the Most of Special Events
Each year, thousands of residents, tourists retailers who use thes: JR.T
and seasonal visitors are drawn to Downtown events to promote their &r:>
Delray Beach by special events. business see an increase BrJrJ
The 1 DO-foot Christmas Tree and the in sales during the _
activities surmunding it are magnets for visitm, following months.
drawing an estimated 500,000 people downtown What are some of the
during the five weeks the tree is on display. best ways to take advantage of these events?
Delray's First Nighf!!> New Year's Eve celebration Over the years, the Downtown Marketing
Cooperative has collected recommendations
from merchants and others on how to draw
visitors during special events, Here are a few
suggestions:
· Keep your business open for as much of
the event as possible.
· Serve refreshments that might draw
customers into the business.
· Offer special discounts and promotions,
perhaps selling merchandise you want to
move at a discounted price to attract
customers,
· Give away pamphlets and other literature
that customers can take with them.
· Consider putting a table in front of your
business or offering tours if applicable,
For more information, call the Downtown
Marketing Cooperative at 279-1380, ext. 17,
also helps to bring visitors downtown as do a
variety of other events, including the regularly
scheduled Art & Jazz on the Avenue events,
held six times a year.
For merchants, these events can be a golden
opportunity to increase business and create
relationships with prospective long-time
customers, Past experience has shown that
Chamber Improving
Hurricane Process
Many lessons were learned last year in
the aftermath of Hurricane Wilma. One of
those lessons is the
driving force behind ~~
a new program the ~
C ham b e r has GREATER
developed that DELRAY BEACH
h Id h I b Chamber of Commerce
S ou e p US etter
serve local businesses and the community
as a whole.
Last year we discovered the system we
had in place to determine what businesses
were open after the storm and to get that
word out was no match for Wilma. The
Chamber has developed a process that will
help us better identify open businesses -
especially those with "critical needs" goods
or services such as pharmacies, grocery
stores, medical facilities, gas stations and
certain trades like roofers, plumbers and
electricians, Working with these nearly
200 local businesses, we will provide
information to the city for its local radio
station that will provide information to you
and all our residents about which of the
critical needs businesses are open, what
hours, where they are located and what
they have available. ~:(
DDA Exploring New
Downtown Initiatives
!~.i
; ~_i~-~.~
: ~ '=',,.-~,, I
"I.......,.. "u
The DDA, or
Downtown
Development
Authority, cre-
ated to promote the overall economic
development of the City's downtown area,
plays a major role in identifying and creating
programs to address the specific needs of
the downtown area.
For instance, the DDA created the
Clean and Safe initiative.
The DDA recently initiated and
completed the Downtown Delray Beach
Cluster Study, which provides a
comprehensive plan to create greater
economic opportunities within Downtown
Delray Beach.
The DDA has established several goals
and objectives for upcoming years, which
include marketing to the downtown
cluster profiles, promoting the Cluster
Study progress, organizing a central Delray
Beach web site, creating additional
initiatives for the downtown maintenance
plan, completion of the downtown trolley
plan, developing an ambassador program
and creating an employee parking plan for
the downtown.
:DOWtITOWI't
.DEVELOPMEHT
fiOTtIORlTY
OIJ oiDdnJ..... dorida
Calendar of Events
I
July 22, Aug. 26, Sept. 23
Narrated Bus Tour of Historic
Delray Beach
Pick-up at 11 a.m.
Trinity Lutheran Church
Call 243-2662
July 28, Aug. 25
Friday Night Flicks
8:30 p.m.
Old School Square
Call 243-7922
July 29, Aug. 26, Sept. 30
Nature Walk
10 a.m.
Sandoway House Nature Center
Call 274-7263
Aug. 5
Family Fun Day,
Roots Cultural Festival
1-11 p.m.
Pompey Park
Call 274-0365
Aug. 12
Bon Festival Morikami
5-9 p.m,
Morikami Museum & Japanese
Gardens
Call 495-0233
Aug. 12
Heritage Parade/Gospel on the
Square, Roots Cultural Festival
5 p.m.
Old School Square Entertainment
Pavilion
Call 274-0365
Sept. 24
Spady Living Heritage Day
Noon - dusk
Spady Cultural Heritage Museum
Call 279-8883
September 29
Friday Night Flicks
7:30 pm
Old School Square
Call 243-7922
September 30 - October 1
Howard Alan Craft Show
10 a.m. - 5 p,m.
Pineapple Grove
Call 279-1380 ext. 17
THE DOWTOWN WIRE. www.DOWNTOWNDELRAYBEACH.cOM 2
Do You Know WhCJt District You're In?
ne Downtown Marketing Cooperative
I divides the downtown into four
geographical districts for the purposes of
promoting it through specialized marketing
efforts and initiatives. Those districts are
known as the Library District, Central Business
District, Pineapple Grove District and Beach
District. Be on the lookout for promotional
opportunities related to your district!
I n order to
facilitate better
communication
between the
DMC, its part-
ners and down-
town merchants,
the DMC enlists
the help of
block captains.
These individuals
are volunteers
who assist with
information distribution and communication
efforts within a designated area. Every
merchant in the downtown area should know
who his or her block captain is, as these
individuals are a great resource for you and
your business. If you have not had the oppor-
tunity to meet the following block captains,
please make sure you do so in the near future!
City Hall, Community Centers, Parks -
Danielle Beardsley, Parks & Recreation
West Atlantic -
Nick Barbalaco, Aloha Cleaners
Pineapple Grove -
Sue Keleher, Pineapple Grove Main Street
000, 100 Block -
Lori Nolan, CRNGreenMarket
200, 300 Block -
David Cook, Hand's Stationer's
400 Block-
Carole Lynn, Forms Gallery
500,600 Block -
Stan Hoffert, Pi Ilow Parlor
900 Building -
Eric Hughes, Key Home Financing
Venetian to Ocean Boulevard -
Karen Croy, Oh My Bod
Boston's, luna Rosa, Shore, Marriott -
Sara Frahm, Luna Rosa
Please note that a volunteer is needed to
act as Block Captain for the 700/800
blocks. If you are interested, please contact
Leah Norat at 279-1380 ext. 17. The DMC
would like to send a huge "thank you" to
each of the people listed above. Your
community appreciates your involvement
and dedication, and we would not be able
to do our jobs without you!
Thanks to a Wonderful Partner: Sun-Sentinel
A special partner that has given time, creativity and funds to our downtown's
revitalization will be highlighted in each issue of the Downtown Wire.
Since 1993, the Sun-Sentinel staff and community relations liaisons have worked
tirelessly with the Downtown Marketing Cooperative to promote downtown activities
and special events. In the beginning, they believed in the dream that Downtown
Delray Beach would one day become the
Sun-Sentinel special place that it is today. While Art &
Jazz on the Avenue, famous lOO-foot
Christmas Tree and First Night@ have
remained the strength of our special events for economic revitalization, past events
have included Treasure Hunts, History Fair, Hoop it Up, Multi Cultural Festival, Hot
Air Balloon Festival, Centennial Celebrations and All-America City support to name
a few. Our partners at the Sun-Sentinel have stuck by the DMC through the trials and
tribulations of these events and much more.
Thanks again for a job well done! >:.:
Helpful Numbers for Downtown
Police/Fire Emergency
Dial 911
Police Department
(Non-Emergency)
(561) 243-7888
Chamber of Commerce
(561) 278-0424
City Hall
(561) 243-7000
Fire Department
(Non-Emergency)
(561) 243-7400
Visitor
Information Center
(Coming Soon)
(561) 243-7396
64A SE Fifth Ave.
Delray Beach, FL 33483
Phone (561) 279-1380
Fax (561) 278-0555
Executive Director:
Marjorie Ferrer
marjorie@delraybeach.com
Executive Assistant:
Selma Kleinman
sel ma@delraybeach.com
PublicRelations!
Communications Manager
Leah Norat
I norat@delraybeach.com
Special Events!
Special Projects Manager
Sarah Martin
smarti n@delraybeach.com
Graphic Design
Ken Perna
PernaDesign@Comcast.net
The Downtown Marketing
Cooperative's mission is to create,
organize and manage programs and
events, to enhance the economic
prosperity of downtown, and to
assist in marketing and promoting
the downtown, The Cooperative
is a partnership between the
following agencies:
lifCRA
DELRAY BEACH
COMtU'"ITYIlIDUn.O,.UfA.llIe,
(561) 276-8640
(561) 279-1380 ext. 16
BH
GREATER
DELRAY BEACH
Chamber of Comn'W1"ce
(561) 278-0424
(561) 243-7000
Proposal
City of Delray Beach: Registered Voter Newsletter
Jay Stuck
President
BrandGuy, Inc,
205 Worth Avenue, Suite 201
Palm Beach, FL 33480
(561) 797-2908
jaystuck@brandguyinc.com
.
Page 110/13/2006
Doug Smith
Assistant City Manager
City of Delray Beach
100 NW First Avenue
Delray Beach, FL 33444
Phone: (561) 243-7144
Fax: (561) 243-7199
Email: smithd@ci.delray-beach.fl.us
The City of Delray Beach Registered Voter newsletter will be a primary source of
information on the City activities and issues and why they are important to voters, Topics
will include items such as: the Community Land Trust, our Fiscal Year 2006-2007 Budget,
the 1-95 Gateway Project, Congress Corridor Redevelopment, and Positive Actions by City
Staff.
BrandGuy, Inc, will conduct all interviews and research according to topics provided by the
City of Delray Beach, and will provide copywriting as a Microsoft Word document for
review. One round of revision to copywriting is included in pricing. On each newsletter
issue, copy must be approved prior to newsletter design and production.
For flexibility in budgeting, we have designated a 'Startup' fee structure for design of a 4
page newsletter (11 x 17 folded), with image budget and production. Two designs will be
presented on boards and as Adobe Acrobat PDF files. Price includes one round of
revision to one design.
Commitment to subsequent issues will benefit from discounted design and production
charges. Subsequent issues will be presented as electronic Adobe Acrobat PDF files.
The largest economic investment of this initiative is the printing, postal charges and
fulfillment, which, ideally, should be sourced to a City of Delray Beach printer or at least a
printer in the county, Using an online calculator gives pricing of $4570, (for a full-color
newsletter and includes bulk mailing) for 6K; $7032. for 10K, By committing to a monthly
or bi-monthly contract with a local vendor, we can realize substantial savings for the city.
We recommend conducting an RFP for local bids for 6K and 1 OK quantities for 6 and 12
months, Quick Google search reveals: Atlantic Offset Printing, Bo-Del Printing, Inc.,
Gulfstream Graphics Inc., REX Three, American Speedy Printers, Banyan Printing, Bob's
Printing, and EPI Printers. It's great image-building to engage local providers within the
city. BrandGuy, Inc. will put together the RFP and review quality, staff, equipment and
qualifications of submissions. City can make final decision from three finalists,
I mage Budget
A Royalty Free art/imagery budget has been established for this initiative. Should pricing
exceed that budget due to the need for custom illustration/photography or specific stock
images, you will be advised of those charges during design presentation,
Client high resolution logos should be supplied electronically for optimal reproduction
value, Any client supplied images should include Photographer release for reproduction,
model release for reproduction (any person in photo must sign release), and location
release for reproduction (building owners must sign release). BrandGuy, Inc, will provide
appropriate forms for release signatures, The City of Delray must maintain the release
archives.
III
Page 210/13/2006
Proposed Budget
Startu p Costs
o Consulting and RFP process review...........,................................................. $
o Initial masthead and layout design of newsletter........................................... $
o Project management ......,.,.,.,.,.,.,.,.,.....,.,.,.,.,.,.,.................,.,.,.,.,..........,.,..., $
o Account management ...,.,.....,.,.,.,.,.,.,.,.,.,.,.........,...................,...,...,...,......... $
o Startup Total............,.,.,.,.,.,.,.,.,.....,.......,...,.,.,.,.,.,.,.,...,...............,.,.,.,.,.,.,... $
Per Issue Costs
o Design and production (per issue)................................................................. $
o Copywriting (per issue).........,.,.,.,.,.,.,.,.....,.,.,.,............,.,.,.,.,.'.,.,.,.............,.,. $
o Image budget (per issue) .............................................................................. $
o Project management .,.,.,.,.....,...,...,.....,.....,.,.,.,.....,...,.,......,...,.,.,.,.,...,......... $
o Account management ,.,.,.,.,...............................,.,...,.,.,.,.,..............,.,.,.'.,..... $
o Total,.,.,.,.,........,.,.,.,.,.,., .,............. ,..... ,. ,.... .........,.,.,.,.,.,.,.,...,..........,.,.,.,.,.,.,. $
Startup Costs: % on contract signing; % on design approval. Net 30 days,
Per Issue Costs: To be paid as set retainer amount, invoiced prior to work being done,
Net 30 days,
State sales tax will be applied. Printing, postage and fulfillment not included.
620.00
3,200.00
764,00
N/C
$4,584.00
1,500.00
1,200.00
300,00
450,00
345.00
3,795.00
Terms
Approval
NAME
DATE
By signing, I hereby authorize BrandGuy Inc. to proceed with this project. Should I terminate this project for any
reason, time and charges will be invoiced at $155.1hour for work to date plus any out of pocket expenses. I
understand that certain expenses will need to be paid up front including, but not limited to: postage, paper, images.
Out of pocket expenses are not included and tend to run 3-5% of overall billing. Reproposal: should the scope of the
project shift beyond this outline, BrandGuy Inc. will provide a written estimate of additional charges prior to work
being done. BrandGuy Inc. retains the right to show non-ronfidential aspects of this project as it relates to self-
promotion.
..
Page 310/13/2006
Estimate
To: Doug Smith, Assistant City Manager, City ofDelray Beach
cc:
From: Michelle Brown. Kaliah Communications, Inc,
Date: 9/25/06
Re: Estimate for Newsletter Program - September 2006
Services Requested: Project Coordination, Editorial Development, Graphic Design, Printing and
Mailing for newsletter program - City of Defray Beach, 2006-07
Project Coordination (client and production management) for four-color (4/4), 4 pp
Editorial development supplied by Kaliah Communications with story specifications and contact
information supplied by City of Delray Beach; images supplied by City ofDelray Beach and/or
use of clip art supplied by graphic designer
Professional page design done in QuarkXpress; images collected and files prepped for high-
speed press
Printing: 6,000 OR 10,000 quantity (11 x 17" 100lb gloss text, folded to 8 Y2 x 11"; re-fold to 5
Y2 x 8 Y2" for mailing, 4/4, fold and wafer seal.)
Indicia and bulk rate mailing status to be supplied by City of Delray Beach; postage TBD
by U.S. Postal Service, based upon city's rate. City will pay at-cost rate, no mark-up.
Estimate for Services Requested:
Project Coordination & Editorial Development: $2,000 per issue
Professional page design for original masthead, one-time charge, first issue only: $400
Professional page design per issue (4 pp): $450
Printing - 6,000 quantity: $2,100
Printing - 10,000 quantity: $2,800
Terms: Work to commence with faxed signature on this estimate. Payment terms: net 30; payable to
Kaliah Communications, Inc. Any extra expenses added to project will be billed at cost and with
client's prior knowledge and approval.
Client Approval (Signature):
Kaliah Communications, Inc. 7847 Ambleside Way, Lake Worth, FL 33467
1
October 13, 2006
(phone) 561.641.8760 (fax) 561.968.2813; (e-mail) kaliahpr@bellsouth.net
2
A M BIT
MARKETING COMMUNICATIONS
To:
September 28, 2006
Doug Smith
Assistant City Manager, City of Delray Beach
Kathy Koch
President, Ambit
Subject: Proposal for services to provide City of Delray Beach newsletter
From:
Date:
CITY OF DELRA Y BEACH NEWSLETTER "Get Connected"
Create, produce and mail a four-page newsletter with 8 1f:z x 11 inch format to list of
residents as provided by the City to be published six [or twelve) times a year.
ESTIMATE
First issue cost includes creating the original masthead and format design. Thereafter,
subsequent issue costs include only copywriting, art direction, printing and mailing,
FIRST ISSUE COSTS
CREATIVE SERVICES / ACCOUNT SERVICE
Create masthead options
Format for four pages using information supplied by City
Copywriting [Topics and copy points supplied by City)
Typically, a four page newsletter has space for:
. 2 feature articles of 200-300 words each plus photo/graphics
. 4 sub articles of approximately 100 words each plus photo/graphics
Creative [photos and images supplied by City)
Layout four pages of text and graphics
Rework photos, images, charts to make ready for printing
Account Service
Client contact/meetings
TOTAL (FI RST ISS U E) ... .......... ........................... ...... ................................. ... .................... ..$6,500.00
SUBSEQUENT ISSUE COSTS
CREATIVE/ACCOUNT SERVICES (per issue) .............................................................$4,500.00
PRINTING
4-pages, 4 color, 11" x 17" folded to 8 112" x 11"
Quantity 6,000 each issue ..................................................... ............................. ........ .$2,025 .00
Quantity 10,000 each issue .........................................................................................$2,548.00
MAILING
Mailing (addressing, sorting, CASS certified, delivery to post office)
Mail to list supplied by City:
Mail to 6,000 records in City of Delray .........................................................................$600.00
Mail to 10,000 records in City of Delray ....................................................................$1 ,000.00
SUMMARY: All design, production, and mailing services (excludes postage)
6,000 (first issue) ........... ................................................................ ............................. ....$9,125.00
6,000 (subsequent issues) .......................................................... ......... .................... ....$7 ,235.00
10,000 (first issue) ....................................................................................................... $10,048.00
10,000 (su bsequent issues) ........ ......................... ...... .......................... ...... ................. .$8,048.00
POSTAGE ESTIMATE
To be paid by City directly to Post Office using City of Delray Beach indicia:
$0.20 - $0.23 per piece
6,000 pieces.......... ............................... ...................................................... ................. ...$1 ,380.00
1 0,000 pieces . ... ....... ... ... ... ... ... ... ... ............. ...... ... ... .............. ... ...... ... ... ... ... ... ... ............. .$2,300.00
Thank you for the opportunity to work with you!
Approved:
By:
Date:
...
'f1.t.sua 11~ GN",
Date
1 0/13/2006
Estimate #
1 00906-25
Customer
City of Del ray Beach
100 NW First Avenue
Delray Beach, FL 33444
Estimate is Valid for 30 Days
~
~
Item Description Qty Rate Total
Graphic Design Initial Layout: 1 350.00 350.00
4 page newsletter 4/4 8.5 x 11 folded
Stock photos provided at cost to client
Includes 2 rounds of changes after which a $45 per round
charge for minor edits.
Lead time 5 business days for production, otherwise.
Rush requirements (less than 5 days) would mean an
additional $125.
Monthly Editions:
$100, plus if articles/images have to be replaced and as a
result new layout would be needed, revision will be
made upon client approval at a rate of $45 p/h.
Content Writing SMG will manage the content of the pending newsletter 38,00 38,OOT
proposal, via our contracted writers.
All correspondence will be directly with writers and/or
SMG management as necessary.
Quoted Rate is per hour and after 90 days can be revised
to a flat rate.
Sales Tax 0.00% 0.00
The Salk Marketing Group appreciates the opportunity to serve you,
x
Page 1 of 1
Smith, Douglas
From: Russ Salk [russ@salkmg,com]
Sent: Friday, October 13, 20062:11 PM
To: Smith, Douglas
Subject: RE: Newsletter Quotation
Hi Doug:
I spoke to two of my writers and we have determined, the job would entail approximately 20-25 hours of work per
newsletter. Please know SMG would certainly be available to help you with any and/or all the components of this
project.
Thank you for this opportunity and Best regards,
Russell E Salk / / vP, COO
The Salk Marketing Group
ph-954-968-1234
fax-954-301-2223
russ@salkmg.com
From: Smith, Douglas [mailto:smithd@ci.delray-beach.fl.us]
Sent: Friday, October 13, 2006 12:25 PM
To: russ@salkmg.com
Subject: Newsletter Quotation
Russ,
I wanted to check to see when you anticipate the additional pricing information we discussed being ready. I am working on my
information to send to our City Commission which will go out to them later today.
Thanks,
Doug Smith
Assistant City Manager
City of Delray Beach
100 NW First Avenue
Delray Beach, FL 33444
Phone: (561) 243-7144
Fax: (561) 243-7199
Email: smithd@ci.delray-beach.fl.us
10/13/2006
Estimate #
...
11.t.w ,,~ GN.,
Date
10/3/2006
100306-11
Customer
City of Delray Beach
100 NW First Avenue
Delray Beach, FL 33444
Estimate is Valid for 30 Days
Reo
1'.~ [)
Item Description Qty Rate Total
Printing Qty: 5000: 11" x 17" Open( 8.5" x 11" Folded) 1 Sheet 12 1,200,00 14,400,OOT
(4 pages when folded)
100 Lb Gloss Boci( Stock, Printed 4/4, Price includes
printing, folding, and processing for mail.
Printing Qty: 5000: 6 1,286.15 7,716,90T
Printing Qty: 10,000: 11" x 17" Open( 8.5" x 11" Folded) 1 12 1,850,00 22,200,OOT
Sheet (4 pages when folded)
100 Lb Gloss Boci( Stock, Printed 4/4, Price includes
printing, folding, and processing for mail.
Printing Qty: 10,000: 6 1,961.85 11,771.10T
Graphic Design Quoted as needed
Fulfilment Estimated Standard ( 5- 12 days); per piece 1 0,24 0.24T
Fulfilment 1 st class (3 days); per piece 1 0,33 0.33T
Price can be figured once we have list.
There is no markup on postage.
Subtotal $56,088.57
Sales Tax $0.00
X Total $56,088.57
AGENDA ITEM NUMBER: ~
AGENDA REQUEST
Date: 10/13/06
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda
When:
October 17, 2006
Description of agenda item: Commission is requested to authorize staff to execute an
agreement with Pollack Communications for newsletter production in the amount of $8,200,
Funds to be provided from 001-1316-512.34-90 after budget transfer.
ORDINANCE/RESOLUTION REQUIRED:
Draft of Resolution Attached:
YES
YES
NO
NO
Recommendation: Staff recommends approval
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: rQ [);:t" No
Funding alternatives (if applicable):
Account Number:
OtJ/~ ;3/L ~ 02, 3y > J
o/1u r (I, OR/YO (llL!?L/J j ery; u S
~g/ '};7)0 Ulj ~ fyfLyc s-?e r--.
Account Description:
Account Balance:
City Manager Review:
Approved for Agenda:
e
J1d
No
Hold Until:
Agenda Coordinator Review:
Received:
Action:
Approved:
Disapproved:
P.O. #
MEMORANDUM
TO:
SUBJEeT:
MAYOR AND eITY eOMMISSIONERS
eITY MANAGER {/J1/\
AGENDA ITEM #Q . ~ - REGULAR MEETING OF oeTOBER 17. 2006
APPOINTMENTS TO THE NEIGHBORHOOD ADVISORY eOUNeIL
FROM:
DATE:
oeTOBER 13, 2006
The terms for Ms. Susan Kay (Zone 3), Mr. Mike eruz (Zone 4), Ms. Gail Lee McDermott
(Zone 5), Mr. Jeremy Office (Zone 6), and Mr. eharles Stravino (At Large Representative) will
expire on October 31, 2006. Ms. Kay, Mr. eruz, Mr. Office and Ms. McDermott would not like
to be considered for reappointment. This creates vacancies for Zones 3, 4, 5, and 6. Mr.
Stravino will have served one (1) full term is eligible and would like to be considered for
reappointment.
In addition, Ms. Karen Lustgarten (Zone 3) has submitted her resignation from the
Neighborhood Advisory eouncil effective October 5, 2006. This creates a second vacancy for
Zone 3. Her resignation letter is attached for your review.
The Neighborhood Advisory eounci1 was established for the purpose of maintaining broad-
based community involvement with the residents, creating neighborhood outreach initiatives,
enhancing communication, improving the aesthetics of the neighborhoods and identifying any
potential threats to the stability of the neighborhoods.
The Council consists of fifteen (15) regular and two (2) student members. Twelve (12) members
are residents with two (2) selected from each of the six neighborhood zones, and three (3) at
large representatives, who may be selected from a community civic organization or business
owner located within a neighborhood zone interested in the enhancement of its surrounding
neighborhoods.
The individuals listed on Exhibit "A" have submitted applications and would like to be
considered for appointment.
A check for code violations and/or municipal liens was conducted. None were found. Voter
registration verification was done and all are registered with the exception of Mr. Sal eherch,
Mr. Mercatur Guerrier and Mr. Todd Harvey.
Based on the rotation system, the appointments will be made by Mayor Perlman (Seat #5),
eommissioner Ellis (Seat #1), eommissioner Fetzer (Seat #2), eommissioner Levinson (Seat
#3), eommissioner Montague (Seat #4), and Mayor Perlman (Seat #5) for five (5) regular
members to serve three (3) year terms ending October 31, 2009, and one At Large
Representative to serve an unexpired term ending October 31,2007.
Neighborhood Advisory Council
Page 2
Applicant
Shirl Fields
Mercatur Guerrier
Linda Leib
Katherine Fazio
Claudia Flores
Todd Harvey
Me1 Pollack
Matthew Hartley
Samuel Resnick
Gerald Franciosa
Joseph Kamarata
Linda Prior
Nancy Schneider
James Smith
Mark Behar
Sa1 Cherch
Donald Dolan
Alice Finst
Hansford Higginbotham
Lynn Klein
Jayne King
William Milner
Ria Santos
Charles Stravino
NEIGHBORHOOD ADVISORY COUNCIL
EXHIBIT" A"
Zone 3
Zone 4
ZoneS
Zone 6
At Large Representative
Subdivision
Andover
Delray Estates
Del Aire Golf e1ub
Delray Isle
High Acres
Kokomo Key Place
N/A
Southridge
Pines of Del ray
Tropic Isles
Tropic Palms
Lavers
Lowery Park Estates
Banyan House
Lees Crossing
Barwick Ranch
Hidden Lake
Chatelaine
Lake Forest South
Lees Crossing
Chatelaine
Chatelaine
Bexley Park
Sherwood Park
NEIGHBORHOOD ADVISORY COUNCIL
10/06
TERM EXPIRES DISTRICT NAME & ADDRESS TELEPHONE
10/31/07 Zone 1 Daisy Fulton Home: 276-4752
Unexp Apppt 08/15/06 2988 Dolphin Drive Work: 279-8883
Delray Beach, FL 33445 Fax: 279-2230
10/31/07 Zone 2 Stephen Lampel Home: 276-9292
Unexpired Appt 06/21/05 2745 N. Clearbrook Circle Work: 832-4271
Delray Beach, FL 33445 Fax: 832-3555
10/31/07 Zone 3
Unexp Appt
Vacant
10/31/07 Zone 4 Cory (Caroline) Cassidy Home: 278-0150
Appt 11/04/03 424 Palm Trail Work: 266-6760
Reappt 12/14/04 DelrayBeach,FL 33483 Fax: 265-0616
10/31/08 Zone 5 L'Tanya Allen Home: 699-1957
Appt to/25/05 1014 Mango Drive Work: 688-4394
Delray Beach, FL 33444 Fax: 688-3559
10/31/08 Zone 6 John Spaulding, II Home: 276-3031
Unexp Appt 03/21/06 948 Dogwood Drive Cell: 954-646-8202
Delray Beach, FL 33483 Fax:
10/31/08 Zone 1 Arthur Brown, Vice Chair Home: 496-0264
Appt Unexp 01/13/04 4255 Northwest 10th Street Work: 862-2361
Reappt 11/15/05 Delray Beach, FL 33445 Fax:
10/31/08 Zone 2 Bonnie Raycroft Home: 499-6798
Appt 11/15/05 213 Sherwood Forest Drive Cell: 445-6793
Delray Beach, FL 33445 Fax: 499-6798
10/31/06 Zone 3 Susan Kay Home: 495-7848
Appt 11/04/03 2571 Hampton Circle North Work:
Delray Beach, FL 33445 Fax:
10/31/06 Zone 4 Mike Cruz Home: 274-4856
Appt 11/04/03 1510 North Swinton Avenue Work: 954427-0404 X230
Delray Beach, FL 33444 Cell: 350-7360
10/31/06 Zone 5 Gail Lee McDermott, Chair Home: 279-2551
Appt 11/04/03 721 Southeast 3rd Avenue Work: 276-8763
Delray Beach, FL 33483 Fax: 279-4331
10/31/06 Zone 6 Jeremy Office Home: 330-2713
Unexp Appt 10/05/04 2837 Cormorant Road Work: 276-1641
Delray Beach, FL 33444 Fax: 330-2317
Cell: 670- 7130
10/31/07 A t Large Pamela Williams Home: 274-9095
Unexp Appt 03/21/06 Represen ta tive 245 NW 8th Avenue Fax:
Delray Beach, FL 33444
10/31/08 At Large Patricia Westall Home: 243-7959
Unexp Appt 04/19/05 Representative 1102 Seaspray Avenue Work: 274-3215
Reappt to/25/05 Delray Beach, FL 33483 Fax: 274-3201
10/31/06 At Large Charles Stravino Home: 495-5375
Appt 11/04/03 Representative 3631 Lawson Boulevard Work: 243-7412
Delray Beach, FL 33445 Fax: 243-7461
10/31/08 Home:
Vacant Work:
Student Cell:
10/31/08 Home:
Vacant Work:
Student Fax:
S/City Clerk/Board 04/Neighborhood Advisory Council
Page 1 of2
Cobb, Venice
From: Meeks, Janet
Sent: Thursday, October 05,20062:39 PM
To: Cobb, Venice
Subject: FW: NAC resignation
Here is Karen's Resignation letter.
From: lustgarten communications [mailto:kl-media@earthlink.net]
Sent: Thursday, October 05,2006 1:14 PM
To: Meeks, Janet
Subject: Re: NAC resignation
Dear Janet,
I'm committed to writing a book with the goal of finishing within five months, an ambitious
deadline considering I also need to work. In making this book project a priority, I will need to
resign from my volunteer work, which regretfully includes the Neighborhood Advisory Council
effective Tuesday, Oetober 17, 2006.
I want you, Lula and the Commission to know that it's been an honor and delight to serve on the
NAC since its inception. I feel that I've learned as much or more than I have contributed as a
council member. Your excellent, capable leadership has helped everyone on the council
understand the issues and actions needed in addressing concerns of diverse neighborhoods in
our city. Under your guidance, the council has implemented creative activities for
residents seeking improvements in their neighborhoods. I've been impressed by the sincere,
fair and equitable manner in which meetings are conducted and every issue thoughtfully
considered. Thank you for the privilege of serving on the NAC!
Sincerely,
Karen Lustgarten
----- Original Message ----
From: Meeks. Janet
To: lustgarten communications
Sent: Thursday, October 05,20068:56 AM
Subject: NAC
Hey Karen:
I Was-1ust following up on your comment last week about resigning from the NAC. If so you can just respond to this
e-mail and I will send it up the Clerks office so they can look for replacements. Hopefully you can join us for one
last time at our potluck dinner on October 16th?
Thanksl
p.s. I will miss all your positive feedback and I've enjoyed working with you!
janet:Jvteeks
10/5/2006
U~/~~/U~ lDU ~U;~O rAA ~Ol ~4~ ~"4
DELRAY lEAcH
f'.~I.A .
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'lllt
1993
2001
/1IAJ~J- ,;:rope IdJUUJ-If~-j.
CITY OF DELRAY BEACH,;R{iul/-~tf(o;,$l&
BOARD MEMBER APPLICATION ECEI . ED ,
APR 0 1 2005 "l
\,111 \'1.1:.1\1\
. Wonnation:
2. HomeA~s#/l/q"w' U:G- fJ>1'
3. Legal Residence:
4. Prin.
8-
'J.
1 t. GiTe your present. or most recent employer. and position:
-
SfJLtemdlt$ ate u:ue. and I agree lIDd undc:ut2Dd dw: an miss temeDtof ro&tedal &eta .
CI . my put of any appointau:tl.t I y r. e.
Note: This application will J:em:dn on file jn the City Qet:'Ws Office fot a period of 2 yeatS from the date it ~s
submitted. It will be the applican~s responsibility to ensuic tWLt a cum:nt application is OIl file.
. ~11CHf
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~ut>j: .FVld: l39.at:d.apppJntrnents
Date: 8/23/20033:24:16 PM Eastern Daylight Time
From: MJBPROPERTIE~
To: Ibpt@lycos.com
CC: jh1@bellsouth.net
Open and read attachmenL..................
fQ.~~ed ~~~9.~:..._-_._-
!Subj:Boa~I..'~*
JDate: 8/2312003 11 :07:23 AM Eastern Daylight Time
\ From: delcommish@hotmail.com
;To: MJBprooerties@aol.com
l~'!~~. the '1!~rnet (Dfttai/~)
.. OJ
,..~,"' ,,', ,..,,~.' ',.. ,.~...; ~ -~, ,'- _.,,--~-~.,..~- "......"~-----,--...~--~." ~- ",'''' ~.~--'.......--_.........~._.-.-.--...._- .--~_...."'.~._.~.-.._..- ..~_.,..-,-..'~'" -~~'--' -_. .--- '~-'-'~ y~.~..---~'~' .
Dear Mr. Behar:
" have an' upooming appointment for an alternate member of our Code
EnforcementBaard.
~ ..:U ..'. . . r ~~_"'ef~fti(if&,8fld;'ftFift.-,...........~c,"
~.~L.._.;.:. .____ .._._. OF" . ~~--.'~~:"""""""
;",,,ftkLU!._i~""" ,
Unfortunately, openings are rare and its even rarer thatan incumbe('lt board
member j$ ~tth.er .term-:limi~.or .d9..e$n'.l~n.t!9~ery~ ,gn.9~r J~r:m.Jj.i$
my philosophy that if an incumbent is doing a good job, I would like to see
them re-appointed. .
Tbat.said. .the _Code .Enforcement Board is .actiye .and .il'1lPOrtaoHQ .9l1rgty.
Even though the positiOn is an alternate one, it is my impression that
alternates are very valuable because often board members cannot make the
,daytime .meetings.
consider an alternate position at thistime2..-
-i;r ,..., ~~:t_-.....:i:T~:-::_Y~A;;::,-;;i:"".... :-,:,'~",,'_:" ;~~:,_" .,' ,-:'. -', .."..-.,-,,-.,,>. :.-..- . . --
BUt aUeast this is a start.
.~..:,.,;
. . ,.;., ~~M!fi,~I~,OrJS"'f~'
Get MSN 8 and enjoy automatic e-mail virus .protection.
http://join.msn.coml?page=featureslvirus
Friday, ,September 12, 2003 America Online: MJBPROPERTIES
Mar Q8 06 01:46p SAL CHERCH
03/08/06 WED 13:31 FAX 5612433774
OElRAY BEACn
~
mr
5616385724
31~-- .
~;~~:{., JOiCIC4nC',c"
~,IU.e-- J
RECEn/ED
M~Q n R 2006
CITY CLERK
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
1993
2001
info~rioQ:
1.
3-
EP-el/
If ~ / 0 6 73 A.fl:..W I cJ-.
Name
2_ Home Address;
4. Princip21.Business Add.cess: 02/:2..- /
S+ lJ-AJtJeevJ~ 8Lv/). 5{.'C ~ 'IJ
$. Home Phone:
&?!" Jl1 ').-- .
6.
City
~~Af
Sb.te
Zip Code
Business Phone:
fL
~
7. What Board(s) :u::e you mtetcstcd.io serving? Pl=se lisr U\ ordc.c of prefe.cencc:
Educa rio (l~ quilific.a tions;
~~~.&tL
10. List any (dated professio1Ul cc.rtifications and licenses which you hold:
'12. Describe Otpccie.nces, slci1ls or knowledge whiCh qualify you (0 serve on (bAS bo~d; (plese attach;} bcief resume)
I hereby certify thl\t all the a~ve statements are ttuc, and I agree;wd undersb.Od that any missbtemem: of marerial r;lets
="binc d~'fciturc Upon my p'" of =y appo;nn"c", r ~6
GNA11JRE DATE
Note: This ~pliC2ti.on will.relDMn on file in the Gty Cled's Office for a. pefiod of 2 yeus from the cb.t.e it was
submitted It wj}J be the appliowt's :z:espoQsibiliry to ensure tWI.l: :a current. Appliatiou is on file..
=rvO~[).uDlAtrLICA.11GW
Mar 08 06 01:46p
SAL CHERCH
5616385724
p.3
SAl CHERCH
Mr. Cherch, 70, has over 50 years of business experience in developing, initiating, and operating
companies in a broad range of industries. Over the last nine years, he has devoted most of his time to
developing and funding aq uaculture related enterprises. He is the co-founder of Neptune Industries, Inc.
[NPDI.BB], Taurus Investments, Ltd. and Aquaculture Specialties, Inc. He has served in an executive
capacity for a number of privately held and public companies including Ford Motor Company. Mr.
Cherch is the President and founder of Landa Financial Group, Inc. This investment and holding
company has interests in the electronic security and access control industry. He is the founder of Quest
International, Inc. a pUblic relations and promotional organization and Meter Maid, Inc., which markets
a patented device devloped by Me Cherch for the electronics industry and is the former owner of
Corporate Consultants. Inc. which specialized in developing training and motivational programs for
major corporations.
Mr. Cherch has been responsible for the formation and funding of several privately held
companies. which he brol.loht to the puhlir. ::l!,; IPO'!'; HI'> fOllnrlprl ;mrl W::l!': r.FO of N~tinn::ll F::lriy
Warning Systems, Inc. (N.E.W.S.BB,) which developed and manufactured patented electronic
monitoring and reporting devices for the U.S. Navy, many municipalities throughout the United States
and Europe; National Electronics and Design, Inc., OTC, which developed and manufactured radio
devices used in the restaurant and hospitality industries. Mr. Cherch also served as an executive officer
with direct control of marketing for Lancer Industries, Inc., AMEX. where he was responsible for the
design and patenting of several products for and the Company and its affiliate Universal Fiberglass
Industries, Inc.[OTe] These products were the basis upon which both companies were formed and built
manufacturing and distribution networks consisting of more than 500 dealers and distributors throughout
the United States . Canada and Europe. In addition, Mr. Cherch owns or has patents pending on
several other products.
Mr. Cherch attended Seton Hall University.
~~t ~~ ,uu~ ~~.,u
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;it~~*.
f)EJ.RAy BEACH
. ., .. .. t .. ..
roTr
1993
2001
CITY OF DELRA Y BEACH D C 1 4 2005
BOARD MEMBER APPLlCAT " CLSf~""E
/l"k 1m . .
1.
Name
2. Home Address:
~660':West learbrook Cr.
3. Legal Residence~
660 West Clearbrook Cr.
4. Principal Bpsiness Address:
Donald
City
De
City
D
City
5730 Corporate Way, Sui~e 110 West Palm Beach
5. Home Phone: Business Phone: E-Mail Address: Cell Phone:
FL 33407
Fa..'t:
561-265-3937 561-683-8833
6. Aze you a registered voter? .
pacif@bellsout .ne~ 561-
If so, where are you registered? .
561-6 3-9633
7. What Board(s) :lta you intereSted in seJVing? Please list in orc1e.r ofprefcrcoce:
8. r..iSt:uJ City BOQrds On which you are currently serving or h~ve,p~ol1s11 served: (please includ. dates)
9. Educa.tionAl quaJificapons;
10. List any related professional oercifications and licenses which you hold:
em er ternational Foundation of
Em 10 ee .Benefi~ Plans. Past: member of American Arbi ration Associ ~'ion.
11. Give;your present, or most rCl;ellt employer. and position:
Plumbin & A C Contrac~ors Industry Fund
ecu 've Director
12. Describe experiences, skiI1s or knQ'\ltledge wlUch qualify you to serve: on tbis boud: (please 3ttq ab.cief resume)
Twen~ ears a Trustee (Chairman) for Health & Welfa.r and
Pe sion Fund in excess of 90 Million dollars.
e~(y thllt all the above sta.tem~ts tire true. and I ~e :1cd unde.tsmnd m:lt 2111 misSal.tcme t of materia.! (act!
jtl this appUCtrion. cause forfeit'U!e upon my part of any appointment I tn2.y tece!""C.
September 1 , 2005
DATE
Note: This ~pplication will remain on file in the City Qerk's Office for a period of 2 ye:axs fr the date it was
submitted. It will be the spplicant's rcspo.nSibwty to enSl.U"e that 11 CUIrc:tlt appliCation 1 On file,
~AlI.D'.\tI'LlC.\.'nO)f
ft Of!;;L15"'
1'IH'I'-18-2006 12:-lb
PH( I1I[1USTR'I' FUJIII
1561b839633 P.02.02
Donald R. Dolan is a resident of Delray Beach as he is the Executive Vice President of
the PLUMBING AND AIR CONDmONING CONTRACfORS INDUSTRY FUND, INC. with
over 20 years of mechanical association expertise including labor negotiations,
educational programs, public relations, and seminars. He also has over 20 years
experience as a Trustee for the Health and Welfare and Pension Trusts. Mr. Dolan
received his B.B.A. degree from the University of Miami. He was an arbitrator for the
American Arbitration Association, and a past member of the International Foundation of
Employee Benefit Plans Board of Directors.
Mr. Dolan rode with the Coral Gables Police for over six years and was one of the
founding members of their Mobile Patrol.
rj
TOTHL P.O?
!'f!J'::'':B~'1 ~O -j 7/0 ~
:& \"
fi--111Arf0 ~"\ 't.~'l>\\ CITY OF DELRAY BEACH /~ 1
. ,~ ~~~ -{ c.\...<(;'~OARD MEMBER APPLICATION ~
1993 c,\A\.
2001 -1Xlr~fS28~
*****
L
MI.
3.
2.
4. Principal Business Address:
City
State
Zip Code
5. Home Phone:
Business Phone:
E-Mail Address:
Cell Phone:
Fax:
A -
6. Are you a registered voter?
C~IJ
U UL A: U1r
8. List all City Boards on which you are currently serving or have previously served: (please include dates)
~
9. Educational qualifications:
10. List any related professional certifications and licenses which you hold:
11. Give your present, or most recent employer, and position:
rJ1.A-.
d
Note: This application will remain on file in the City Clerk's Qffice 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.
~r.J.I':Il1l\ROAlIn\AJ>Ilf."'''''TJON
RESUME
KATHERINE FAZIO
1118 Harbor Drive
Delray Beach, Florida 33483
Home: 56h276-4939
~obile:561-289-2320
Email: k6464@aoLcom
Objective: To participate as a citizen on the Oty of Delray Beach Boards
Experience: 912005 - Present
Carl W. Tnnpson Delray Beach, FL
Timpson Investments, Inc.
Assistant
Work part-time providing administrative assistance. Written client
communications, phone work, bill paying and more.
612005-912005
Randolph T. Ely Delray Beach, FL
Allmon, Tieman andEly
Receptionist
Worked part-time providing many administrative services for an
extremely busy and successful real estate office - phones, contracts,
mailings and MLS software. Was offered a full-time position.
8/1990 - 812001 Write to Me De1ray Beach, FL
Owner
Initiated and operated a local stationery business. Represented 35
different companies to a customer base of over 300 people in the Delray
Beach area. Computer use was extensive for all billing, accounting and
marketing. Running the business required organizational skills, creativity,
and a gregarious, outgoing personality. Sold the business for more than
four times the original investment.
8/1981 -/1985 Baystate Financial Boston, MA
Assistant Vice President, Investments
Responsible for providing marketing and sales support to 135 Registered
Representatives in the investment business. The position required in-
depth knowledge of investment products which included annuities,
mutual funds, unit investment trusts, tax shelters and discount brokerage.
Created and maintained all marketing aids, reviewed new products,
provided sales support to the Registered Representatives and managed an
office staff of five.
8/1979 - 8n981 Keystone Massachusetts Boston, MA
Manager, Field Marketing Services
The position provided sales support to the Northeast Regional Vice
President and all of her broker/dealers. Assisted in the marketing of.
mutual funds, retirement plans, annuities, trust services and private money
management. Responsible for overseeing five other Marketing Assistants.
Worked closely with the entire field of Regional Vice Presidents to
coordinate their sales efforts around the country with the home office.
8n977 - n979 Massachusetts Financial Bosto~ MA
Services
Marketing Assistant
Started as secretary but was promoted to Marketing Assistant which
required sales support and service of customer accounts for the
broker/dealers. Dealt with mutual fund products and retirement plans.
8/1976 - 8n977
Alliance Capital
Management
Boston, MA
Receptionist
First job upon completing of college degree. Receptionist for busy
investment firm. General office work
Education: 611975 Rollins College
Bachelor's Degree
Winter Park; FL
After.Rollins, obtained Life, Accident and Health Insurance license also
National.Association of Security Dealers license.
Affiliations: 912001 - Present Paul's Place After School Delray Beach, FL
Board Member and Volunteer
911999 - 912004
Mentor
Big Brother Big Sister
Delray Beach, FL
Personal: Married with two grown children. Active community volunteer. Love to
play tennis, golf, fish, travel and read.
10/13/05 09:37 FAX 1 561 638 1263
10/13/05 THU 10:50 FAX S61!43377~
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CITY OF DELRAY BEACH REC'EIVED
BOARD MEMBER ~PLICATION
OCT 1 3 2005
CITY CLERK
XI.
IRWIN FIELDS
CITY CLERK
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NcJIE 'Dais applir.tir... 'lIl'ilI TII"'!'n..i~ on .filo iu. the; City CL:zk"a C>IIicc for a. pa:iod of 2 yocaD &oD1 cb.e da~ it 'G'II:8
submiar::d.lt-wiIlbe 'ibc ~lic:anJ:>4 u::sp........,i1:.>iiny to ensuie-"thu ~ cunau Application. is on ~
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Shirl Fields
2758 Hampton Circle West
Delray Beach, FI. 33445
Tel: 561-638-1261
Fax: 561~~1263
Email: shirwin@adelphia.net
October 27, 2006
Addend to Resume for Neighborhood Advisory Council:
Attended the Residenfs Academy, November 19, 2002
(very effective in developing pride in Delray)
Presented a photographic outline to the Neighborhood Advisory Council, on
6/19/06, of the projects that could enhance Zone 3,with attention to the repair,
beautification, improvement for the residents of the entire zone.
Included in the presentation were suggestions for
1. Improving Linton Blvd, west of 1-95
a. the medians need to be maintained
b. debris needs to be removed from curb
C. construction lot east of Albertson's
needs debris removed
cut grass
remove tom and sagging black construction tarp
d. plant arecas along guard rail consistent with plantings east of
Jog Road
2. Improve medians on Military Road between Boynton Beach and Boca
Raton to bring them up to those standards.
3. Improve medians and adjacent roadsides on Congress Avenue north
of Boca Raton to Unton Blvd.
4. Clean, plant, and beautify the intersection of Old Gennantown Road
and Linton Blvd.- used by
a. Students, Faculty, Parents attending Orchard View Elementary
School as well as Firemen at Fire Station on this intersection
b. Repair hurricane damage to trees, signs
c. Remove drainage hazard
5. Clean, plant, add curbs and repair signage on Old Germantown Road
RECE\VED
SEP 21 2006
C\TY CLER\<.
FROI'l : UnRee 1 '.Ii cleo s
FH>< 1'10.
:5614983373
C1TY cLERK
Oct.
14 2005 08:24HM P1
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,
CITY 0' DI!LRAY BEACH
BOARD MaMBBRAPPLICAnoNZ,,,..e /
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Resume'
Alice Finst
707 Place Tavant
Delray Beach, 33445
Application for Neighborhood Advisory Council
# 12 Describe experiences skills or knowledge which qualify you to serve on this board.
Listed below are some of my civic experiences since moving to Delray Beach in 1971.
Please note that dates are approximate and may extend several years.
Memberships
Homeowners' League of Chatelaine 1970's to present
Chairman Architectural Control Committee, Editor, ~~The Chatterlines"
Member Board of Directors, City Commission observer for Homeowners League
Progressive Residents of Delray Beach Board of Directors, SPRAB monitor
Delray Beach President Council, Pride in Neighborhood eommittee
Mounts Botanical Garden
League of Women Voters of South Palm Beach County since 1975, Delray Beach
Good Government eommittee
Lobbying Activities
Acquisition of land for Barwick Park, (also served on play ground committee).
Land acquisition for Fire Station at Barwick and Lake Ida Roads
Sidewalks on Barwick Road
Fencing at Veterans' Park Playground
Bright Park
Service on City Boards and City Related Committees
Pineapple Grove Pre Main Street 1993-1995 Beautification Committee
Community Appearance Board 1985
Historic Preservation Board 1987
Education Board 1990
NorthWestlSouthWest Neighborhood 2002- SidewalkIBeautification Committee
Cultural Loop Walking eommittee visited 80 sites June 2003/ History Committee
School Advisory Committees
A.D. Henderson 1986-1996
S.D. Spady 1978-80, 1999-present
Atlantic High School 1987-present
Other
City Commission Watcher since 1979
rqir
1993
2001
(j€.\-J.~O
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CITY OF DELRAY BEACH ~\\~\\~\..~'?-~
BOARD MEMBER APPLICATION C\~ ,I-j
7~J.-(& 1ft /U
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DElRAY BEACH
. , II) . . 0 A
*****
bL'
ocYt
State
fC
State
t I
Please e or rint the followin
1. Last Name: M\)ve
2. Home Address:
\
3. Legal Residence:
information:
If
4. Principal Business Address:
(f
City
State
Zip Code
/). . ctttD
6. Date of Birth
:;l. 3.le'1l..Q)
7. Are you a registered voter?
\j~~.
1C
3y}~3
Fax:
.;)43 .l.Q'1 l}
L3 9 E- A;t\. ~ . Q...
5. Home Phone: Business Phone:
'1- 8', 1t
'If)'). :)9 \~
If so, where are you registered?
~~ \ ~ \1.t&:-~ Q.n..lrtK{.
NIA
- \S.s. .
11. List any related professional certifications and licenses which you hold:
I
I hereby certify that all the above statements are true, and I agree and understand that any miss tement of material facts
ct' ed this application may cause forfeiture upon my part of any appointment I may receive.
,- 3) ~D(~
DAm
Note: TIlls 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.
CLAUDIA FLORES
19 Northwest 1 'J'I:' . Street · Delray Beach, FL 33444 · 561.702.2919 · claudia.flores@Suntrustcom
July 31, 2006
Venice Cobb, Executive Assistant I Board Liaison
City Clerk's Office - City ofDelray Beach
100 Northwest 1st Avenue
Delray Beach, FL 33444
Dear Ms. Cobb:
lam writing to express my great enthusiasm and interest in getting involved with oUr city's local
government. I fell in love with this 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 husband and I joyfully moved here last September. My profound appreciation for this city
continues to grow more and more each day.
What I would bring to any Advisory Board includes superior communication, teamwork and leadership
skills along with a genuinely. strong work ethic. This, together with my education, training and penchant
for detail serve to make me highly effective at whatever I comniit to. My passion for community service
and leadership involvement have been with me since I can remember. I would now like to bring my
experience and drive to work for oUr city!
I aiD. particularly mterested in the following committees: Planning and Zoning Board, Site Plan Review
and Appearance Board, Education Board, and Neighborhood Advisory Board. I believe my experience
with developers during my time in the Commercial Real Estate division of my bank, 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
first two Boards. Furthermore, our local education system is profoundly important to me as I have a
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 not only of my experience but of my
potential for making a significant contribution to our city. .
I look forward to hearing from you soon and thank you kindly for yoUr time and consideration.
~~.
Claudia Flores
CLAUDIA FLORES
19 Northwest 17'h Street
Oelray Beach, FL 33444
Cellular: (561) 702-2919
Email: Claudia.Flores@Suntrust.com
WORK EXPERIENCE
May 2006 to Present
August 2003 - May 2006
May 2002 - August 2003
January 2001 - May
2002
June 1998 - December
2000
September 1997 -
January 2000
COMMUNITY SERVICE
July 2006 - Current'
EDUCATION
September 1996 -
December 2000
SKILLS
Sun Trust 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 Division
. Manage the top 20% clients, consisting of an assigned portfolio of business and mix ed household
accounts totaling -300.
. Responsible for strengthening and 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 Officer
. 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 letters,
term sheets, monthly reporting requirements, etc. .
. Extensive underwriting (annual renewals/reviews and prospect packages).
. Coordinated approval process with senior management, and addressed issues.
. Identified credit and non-credit needs and cross-sold opportunities.
Credit Analyst
. Successful completion of the Commercial Associate training program, which included classroom
courses such as Credit Analysis, Cash Flow Analysis, Global Cash Flow Analysis. Financial Statement
Analysis, Corporate and Individual Tax Retum Analysis, Credit Presentations, Public Speaking
. Training, etc.
. Performed rotations in banking areas such as Commercial Real Estate, Commercial Banking,
Corporate.Banking and Treasury Management.
. Assisted in the recruiting, training, and development of new associates.
Merrill Lynch, Tallahassee, FL
Public Relations
. Strengthened existing client relationships for a team of senior financial adv isors, through the
organization of monthly social events (i.e. seminars, dinners).
. Tracked and posted prior day's transactions conceming the buy ing and selling of securities.
. Performed extensive research on companies and stocks.
Wiley Auto Parts, Tallahassee, FL
Bookkeeper
. Maintained / reconciled bank accounts, tracked receivables, processed pay abies and issued payroll.
. Prepared monthly Profit and Loss reports.
Chlld~n's Home Society of Florida
. MODEL program volunteer - Mentor a child whose parent is incarcerated; inv olves a commitment of
one hour per week for one year.
Florida State University, Tallahassee, FL
Bachelor of Science in Finance and Marketing
. 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 fratemity
. Business Manager and Treasurer of the Pilot Scholarship House
. Volunteered for The Children's Miracle Network and Altemative Break Corps.
Microsoft Office, Moody's Financial Analyst Spreading System, FAMAS Spreading System
REFERENCES FURNISHED UPON REQUEST
OflRAY n'FACH
~
Wi!
1993
2001
2i{)l-/L ~t=t_ll._q. 04 200C:l7c' 0..e'..~' 5~. 'l.!~t:'2.V
FH:< tlO. : 5612660746 ,
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CITY OF DELRAY BEACH E.CE.\\fE.O
BOARD MEMBER APPLICATIOIl. b '2.\\\\S
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City
FF.'OI'l : CiER-St=t11
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1.
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4. P.cincipal.Busin.~s Address:
2.
Cil}'
City
Stl.te
~Co&
I.
j- ~0.Q1e Phone: .
~ hi ~(,(, 060fj/
6_ Ar~ you ll. ~t'=-led voa:=?
Business Phone:
E-Mill Addte$5:
7. Wlnt Bo:u:d(~) OUIC you interest in scrvlog? Plosc list 10 ~Mer .)~ pccfet.--en.ce:
/ (r1Vt! C Vlr7rn ; C'S
8. Us. all City Bo~ 00 which you ~ CW:r~dy s~g or hllovc previously ser-re.J: ~ indus:k da~) r/ OW
. -~~~q~~tioQS; 13
10_ List lI.IlV' .Ielated profl!!llsiowUce.ttificatio03 an.;lliecnsa which you hold:
ti-Gi'Ve YOU{ present, or mO$t teceOt employer., and position:
12. Describe aperlenCC$. skills 0& knowledge whj& qualify you. to SCLVe 01.1 this bcr.u:d: (ple:ue :unch a bOd'rc::lumc)
I hcr~ C _' . _ . all ~e a~ve tcmcaa .axe tcu.~ and.! agree: Uld ~Cll\d that 11fT misget:el:.netlt of l:nll.~ ~
""""""" "'" 1wi<aD04 """y ""- """'=< ...~ my p~ o{ "" 'PI"'"'~' ""'"'-
~ ,. (; PfJ~<"
SIGNA ~ I'
. application willxema.i;n 011 file in th.c- City a~s Offio: for <l pee{od of 2 yeus from the Cb.tc it ~
bmit!ted. It will be the applic:me3 J:espo~ity to ~c'd:l$.t a <::UJ:rent :lFP6.Cll.ti.ou i3 OQ file.. _
~~AU>I,o.I'J'UO\.'DO"
*****
l' ~~9.
CITY OF DeLRAY BeACH~.. ;Z~~D.:3
BOARD MEMBER APPLICATI6N-
., t-\AR {\ G 20U6.
r-\ cH\~
C\1'f \.;. t"'-",r; .
infonnation: I L,
Name M L
OB.RAY BEACH
. .. . . .. . ..
mr
1993
2001
Please tint the follo
1. Last Name:
2. Home Address:
/.-
3. Legal Residence:
State
State
4. Principal Business Address:
City
State
Zi{> Code
s. Home Phone: .
. Business Phone:
E-Mail Address:
Cell Phone:
Fax:
. egistered?
11. Give yaw; present, or most recent eniployer, and positio~
,.
I hereby certify that the above statements are true, and I agt:ee and understand that any misstatement of material facts
conoUned. thj, .pplication may =e forfeiture upon my part of any apPOintm:2 ""'y recdv"
. . D~d~~
~
l
Note: This application will remain on file in thee City a~s Office for a period of 2 years from the date it was
submitted It will be the applicant's responsibility to eO.sute' that a current application is on file.
S'CIlYaJ31OOIl(JARl)\UCAnON .
Mercatur Guerrier
1550 Catherine Drive #3
Delray Beach, FI 33445
(561) 272-6042 Home
(561) 305-7905 Mobile
Objective: A challenging Executive Director position in a fast paced environment that will allow for
personal growth and career advancement.
Education:
Florida Metropolitan University
Major: Business Management (Retail)
Minor: Marketing
Overall GPA: (3.55)
Florida Atlantic University
Especial Business courses
Experience:
99 Cent Stuff Department Store. 2005 - Present
Senior Store Director (Big Box Supermarket)
Increased sales volume by 55% less than three moths and Decreased payroll by 30%. Designed more
attractive merchandise presentation strategies and special marketing campaigns, resulting in increased store
traffic by 250%. Hired and trained staff, increased store inventory and expanded merchandise purchases.
Responsibilities included, merchandising, customer service, and all facets of running a department store.
Money Comer, Inc. 2004 - 2005
Store Manager (Finance)
Offering customers superior customer service and creating the maximum profitability of store opemtions.
Oversee the flow of cash and financial instruments in accordance with company policy. Oversee risk of all
financial transactions executed by store personnel. Contact customers and businesses to promote goodwill
and generate new business through outside marketing, increased sales by 65%. Ensure the completion and
compliance of government reporting such as C.T.R, s money order logs, S.A.R's in accordance with
company policy.
Pinch A Penny, Inc. 2002 - 2004
Store Manager (Retail)
Managed the above store specializing in pool products, with responsibility for 2 employees. Creating a
delightful shopping experience for the customers driving sales while controlling. costs. Building a strong
store team through hiring, training and developing. Managing operations including merchandise
management, promotional setup, loss prevention and profit improvement. Created window displays on a
monthly basis to promote new merchandise, grew sales by 70%.
C&M Cleaning & Services LLC, 2002 - Present
Owner I CEO
Targeted and profiled prospective customers set up appointments, and implemented challenging sales
targets designed to grow the business by 35% quarter on quarter. Adapt in the innovative and profitable
presentation of service and interact with customers on a personal level providing exemplary customer
service. Prepared bids, manage contract files and documentation, currently servicing Broward and Palm
Beach County
*****
j/7/tJ>1 .
CITY OF DELRAY BEACH RECE1VED
BOARD MEMBER APPLlCATIO~.w~;C...
.. C\TY CLE.~ .
..---
;Z6}J~6 .
Name M.I.W
Zip Code
e- + "'7~
Zip Code
DRRAy'B'EACH
."0....
All-AlllericaCity
"III!
.1993
2001
2.
3. Legal Residence:
4_ Principal Business Address:
City
State '. Zit;> Code
5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax:
. ~(PI-J.J.fs-'iP08
6. .Are you a registered voter? . es If so, where are you registered? fc:::,/~
7. What Board(s) are yo'l;1 intttes ed in s~g? Please lis_t in ordeJ: o! prefer~ce:
I
9.
v..1/-J.eJ rej0~
11. Give yo~ present, or most recent employer, and positio~
6'O~J ConSresJ t4v-(, Bou- ~~-11 Ft- .?)I.j f)
. 12 Describe experienceS, skills or knowledge which qualify you to serve on this board: (please attach a brief resume)
I.eel:.. +\-~d . fc$v9'e.. _ _~ :1:("\ ljellef"'^-\ L. a....rv-.. fA.. ro feu,~~ ,. .
("es\'c1,"';~ I~ ~4./t.. wJ Aj~/) . t/L f,? .e-/ J/}(/tlf~ Lei
I htteby certify that all the above s tements. are tnle, andI agree and undttstand that any misstatement of materW facts
conbine . this p'lication. ca S orfeit:u1:e upon my part of any appointment I may receive.. ,
. . . .. DJ..;J1I / tf-0cJ ~
M
.
c."
.(-iote: This application will remain on file in the City Qerk's.Office for a periodof2 years from.the date it was
submitted. It will be the applicant's responsibility to ensuie' that a cuttent application is on file. .
SIoCITYaJ!IlK\BOAJlD\Arn.ICAnON
1m 1/J5
Matthew W. Hartley
2522 Ella Street. Delray Beach, Fl 33444
Home: (561) 243-4808. Cell: (603) 674-3067
m_wade_hartley@hotmail.com
QUALIFICATIONS PROFILE
Information Technology Specialist with a diverse background in customer interfacing, technical writing, project
management, and software engineering (specifICally in speech and web technologies). Exceptional .
interpersonal communication, leadership, analytical, and organizational skills.
CONSULTING ENGAGEMENTS
Genesys labs, San Jose, CA. (Noy 2004)
Enabled Genesys Labs system test group with installing, configuring and troubleshooting
WebSphere Voice Server 5.1.x.
Cisco Systems, Boxborough, MA. (Feb 2005)
Presented WebSphere Voice Server 5.1.x product and enabled Cisco Systems system test
group with instamng, configuring and troubleshooting WebSphere Voice Server 5.l.x.
Bank of China, Beijing, China (Feb 2005)
Presented WebSphere Voice Server 5.l.x product to senior technical staff at Bank of China.
Call Design Ply ltd, Sydney, Australia (March 20OS)
Presented WebSphere Voice Server 5.1.x product,enabled for installing, configuring, and
troubleshooting WebSphere Voice Server 5.1.x, and helped develop a voice application for a
Call Centerconference in Sydney, Australia that used WebSphere Voice Server 5.l.x.
Holly, Sydney, Australia (March 2005)
Presented WebSphere Voice Server 5.1.x product to senior technical staff at Holly.
Genesys labs, Sydney, Australia (March 2005)
Installed WebSphere Voice Server 5.1.x for their use in product demos.
Gold Systems Inc., Boulder, CO (April 2005)
Presented WebSphere Voice Server 5.1.x product and enabled Gold Systems technical
staff with installing, configuring and troubleshooting WebSphere Voice Server 5.l.x.
AAA Auto Club of Southern California, Costa Mesa, CA (June 2005)
Installed WebSphere Voice Server 5.l.x product at customer site for production deployment of
customer IVR
AAA Auto Club of Southern California, Irving, TX (Noy 2005)
Provided on-site customer support for the WebSphere Voice Server 5.1.x..
PROFESSIONAL EXPERIENCE
May 2002 - present, International Business Machines Corp., Boca Raton, FL
STAFF SOFTWARE ENGINEER
Projects and Highlights:
Co-designed and co-developed the IBM WVS (WebSphere Voice Server) 5.l.x MRCP Server
. Designed and developed components of the WVS 5.l.x MRCP Server, specifically the
functions that dealt with RTSP and DTMF processing.
. Worked with BP (Business Partners) IVR (Interactive Voice Response) systems O.e. Cisco
5400/5300 gateways, Genesys Voice Platform). Set up development lab with respective
BP IVR solutions for interoperability testing. Helped to drive defect resolution with BP IVR's
on issues found during inleroperability testing.
. Presented WVS 5.l.x solution to numerous executives at IBM and at IBM sponsored
sales/technical conferences. .
Co-designed and co-developed a VoiceXML 2.0 compliant web browser
. Designed and develOped the part of the VoiceXML 2.0 compliant web browser that
managed the fetching of resources and implemented VoiceXML caching policy.
. Presented VoiceXML 2.0 compliant web browser to worldwide Business Partners and IBM
colleagues.
Matthew.~ Hartley cont...
November 1999 - May 2002, International Business Machines Corp., Boca Raton, FL,
SOFTWARE ENGINEER
Projects and Highlights:
Co-designed and co-developed a set of voice application development tools used to create VoiceXML
applications.
. Team Lead for the design and development of IBM's Reusable Dialog Components 1.0
release. Managed the entire design and development cycle, wrote a detailed design
specifICation, and performed project management duties which included (but is not limited
to) identifying project tasks (and milestones) and assigning resources to those tasks.
. Designed and developed a graphical user interface for importing and customizing IBM's
Reusable Dialog Components within IBM's WebSphere Voice Toolkit IDE.
. Co-developed the VoiceXML Editor within IBM's WebSphere Voice Toolkit IDE.
August 1996 - October 1999, State Street Corp., Quincy, MA,
FINANCIAL ANALYST
Projects and Highlights:
Senior level position providing customer interface, project management and developmental analysis
for Securities Operation Division.
. Project Manager for a proprietary client-server application called "Global Tax System".
Designed to automate Global Tax Department processes and deliver reporting
requirements to sub custodians. Coordinated customer engagements and user
requirement proposals, technical planning and design, UAT (User Authorization Testing)
testing, and installation/deployment.
. Co-developed a proprietary client-server application called "Securities Lending". Designed
to track and bill Brokers on dividendflOterest payments outstanding.
. Co-developed a proprietary client-server application called "Sommis". Designed to forecast
budgets foral! departments and cost centers under the Securities Operation Division.
TECHNICAL SUMMARY
Programming Languages:
Grammar Languages:
Markup Languages:
Scripting Languages:
Development SoftWare:
Web Server Administration:
Protocols:
Java (J2SE and J2EE)
Augmented Backus-Naur Form (ABNF), Speech Recognition Grammar
SpecifICation (SRGS), Java Speech Grammar Format (JSGF), Speech
Recognition Control Language (SRCL
Extensible Markup Language (XML), Voice Extensible Markup Language
(VoiceXML), Speech Synthesis Markup Language (SSML), Call Control
Extensible Markup Language {CCXML
Java Script ECMA Script
IBM Rational Application Developer. Eclipse, MS Visual Studio, Visual Slick Edit
IBM WebSphere Application Server, Apache Tomcat Server, IBM HTTPServer,
HTTP (Hyper Text Transfer Protocol), SIP (SeSsion Initiation Protocol), RTSP
(Real lime Streaming Protocol), MRCP (Media Resource Control Protocol), RTP
(Real-time Transfer ProtocoQ, SDP (Session Description Protocol)
EDUCATION
University of Miami, Miami, FL (Dee 2004)
M.S., Management of Technology - Magna Cum Laude
University Of New Hampshire, Durham, NH (May 1996)
B.S., Business Administration - minor in Rnance, Cum Laude
B.S., Psychology, Cum Laude
REFERENCES
References are furnished upon request.
10/13/~005 14:39
561-681-00~3
PAGE 02/82
1113/ IrJ
CITY OF DELRAY BEACH RECEIVED
BOARD MEMBER APPLICATIOttr f 3 2005
;t'~Y CL~~Hd-1f
._~ - a:__
M - L - I;-.n-c.c..
HIDIAII RUIGE St'.::HOOL
DELRAY BEACH
'I
1993
2001
Please ty'pc o~ print the following information: ___,
1. J.JtST: N~mc: .
City
- 'eCU;~4h
5Q /JtZ
s ,
2. H/~/7Lre~K(7t)(o_
3. Legal Residence::
StAte
piA-
Star:e Zip Code:
-~
4, Principal B)11ines~ Address: City
:Z;_iiJ/.J.iv ~ Set_.{/(} ) /. / L}-.f L7n/~g~~k
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5_ Home Phone: B ~"n'~ss Phone: E-Mail.Address~.Cc.~onc::
t~ -- ~~ ~~_/( - ~~ j)~~f3?KJ ~. 1-
6. Axe. yr,m aregis<<:red Votq~of- V 61: If so. where are you registered?
7. Wh.tB~~t;~;;~c;di~~~O~~
H,
Fax:
8_ Li~t an. City BOltws on whkh VQU lI.r:e currently sc:r.v:in~ OJ: have- previou.sly served: (l'lCl!:e i.nclude dates)
- d.AJC - -
19.
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1.0. list. $!.ny rc:hted professiorurl ce:rt.i6catioos ::tndlic€TJ.ses which you hold:
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11. Give yoUI" present, or most: recent emp.loycr, and jYIsjooo:
.5~/ c/;J;h'/~.IcJf-. ~ 'a~.~ G-utL ' ~~
12.. Dcscnbc cxp<.'ricnccs, skilI$ 01: knowledge whicb qualify you [0 sen-c on this board: (pk.asc :ttl2ch abrid tt:sl.\mc)
/tJ-/3 -OJ
DA'JF..
Note: This application ~U rcm:un on file in the City Clerk's Office for a period. of 2 years from me date it UTas
submitt:cd.lt:-will be the applicant's respon.'i.ibility to ensure: that a cuncnt .application is on file.
SlCIn'CLDt1l;\llOhRJ)\A.I'1'L!c/\ TlOl<
10/1~!~005 15:13
OELRA" BW:'H
~
1993
2001
It/I Jj C7 PAGE 61
~i7O/)~e
RECEIVED
CITY OF DELRAY BEACH OCT 1
BOARD MEMBER APPLICATION 3 2005
~~~S8~
5616~03~~1
CES
\D
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-J'~v'\ ;C-~
?-t\:S -~~ 77'i
2,
3, Legal Residence:
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4. Principll.l13u:sines:s i\Jdr :):):
'- ~S ~~ ~~<-~ r~\'-ld. -*6,00
5. Home Phone.:
City
"b:>C&~cn--..
Zip Code
6. Ate you a t<'g;sf.ered vo( , where are yOlo' registered? ~e\C-CL
7. Wbat' Board(~) are you nB:. 'estcd in serving? Please list iu ol-dtr of p(efe.rc:;nc::~:
State
Cdl Phone:
n- ssL\)
Fax:
le)tJ-c$ ~/
t)e~(.,""- ~
, v..6
N~'t--~O\~-';- --~~-J~OC7 Cov..,,~,\
8. Li~r aU (ity Board~ on whj h you arc cunelldy 5€1"ving 0" h~':e pre,,-iQ\~sly served: (Please include dates) ~~
9. Educational qualifications: 0... '" ...4. ~
___~_ ..L)r\ ~.. (" ee..
~d.. f1 n::td..v a,~ ~Vr\L-
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_\)ev~.4
I hueby <:;Jfy that all tht:. abo e statements 3~~ true. and 1 agn~t:' and understand that any misstatement of tJ1<lterial facti!
conta. d U) thO application m 'cause forfeiture upon my pan of any appOUltffit:nt 1 may receive.
D <-+V~.r \ '2 J'1- 00,')
.
D..-\. 1"13
Note: Ihis application ",;ll ~main on file in the City Cl€fk'~ OHice for -;;l puiod of 2 y~a.rs from the date it was
submitted. 11: will be he appJicanr':s rC>iponsibility [0 t:;J1sun: lh<\t 3 current applicauoJ1 is on t1le.
$\r'"fY <:u;~ K'BO,,~I)\APP~JC-" no'"
HANSFORD N. IDGGINBOTHAM
920 SUNFLOWER AVENUE
DELRAY BEACH, FL 33445
(561) 499-8331
CORPORATE FINANCE & INVESTMENT
MANAGEMENT EXECUTIVE 199O-Present
Independent consultant to private and public companies, advising on matters including
capital structure, debt and equity financing, management dynamics, mergers and
acquisitions, strategic planning and marketing. Record of achievement introducing new
concepts and services to clients, turning money-losers into money-makers and capital
creation approximating $70 million.
Concurrently have held contractual relationships with NASD/NYSE member firms for
providing securities brokerage and financial planning services for my individual and
business investment clients. Member firms include Old Dominion Securities, Questar
Capital., Round Hill Securities, Northeast Securities and l.W. Genesis. Client assets
under management have exceeded $36 million.
ACfRADE CAPITAL, INC.
Regional Manager 2000-2001
Responsible for management and sales growth of this public, international company's
Southern Region. I was credited with building the Region's annual sales volume to
over $23 million prior to the Company's decision to consolidate its operations and
close this office.
PIONEER PRODUCTS 1988-1990
Marketing Manager
Assumed marketing and P & L responsibility for the 150+ consumer and institutional
products of this General Mills manufacturer. Credited with the creation and introduc-
tion of five new brands (11 sku's) during an aggressive line expansion. My efforts
contributed to two years of record company revenues achieved within profit guidelines.
EXECUNET COMPANIES 1984-1988
Partner/General Manager
Created and developed unique enterprises providing consumer and business services
through these successful companies: Execunet, Home Office and Memorybanc
Inventory.
HANSFORD N. IDGGINBOTHAM, Page 2
DEL MONTElR.J. REYNOLDS FOODS 1980-1984
Region Manager and Division Manager ultimately responsible for $50 million in
annual sales of a 500+ item product line through direct and food broker sales forces.
Wrote and implemented operating budgets which included personnel, operations,
local advertising and marketing, trade shows and trade promotion. Managed the
regional merger ofRJR Foods with Del Monte.
PROCTER & GAMBLE 1973-1980
District Field Representative and Unit Manager in the food products division.
Managed sales of up to $15 million through direct representatives and account
managers. Recognized as my district's Top Unit Manager in 1917 and 1979.
Consistently ranked among the company's top managers in introducing new items
and brands. Developed successful college recruiting programs at South Carolina,
Clemson and FUllJUln Universities.
MERRILL LYNCH, PIERCE, FENNER & SMITH 1978-1973
Account Executive
Sold investment securities including equities, fixed income, options, mutual funds
and commodities. Branch office leader in opening new accounts.
EDUCATION/CERTIFICA TION
B.A, Liberal Arts, UNIVERSITY OF TENNESSEE, Knoxville, Tennessee
Series 7, General Securities License
Series 63, Uniform Securities Agent State License
Mar 12 06 06:34p
ADELPHIA DELRAY
561 272 7709
RECEI\fEL
p_2
DEtRAY BEACH
~
AII-AmeItca CIty
"II I!
1993
2001
MAR 1 4 2006
CITY CLERK
CITY OF DELRAY BEACH j/;~~ ~
BOJ1l~RD MEMBER APPLICATION ~liNL 0
~/i/V fj1/M
M.I. F
Name ..,--
V oS€{'
Ci:P-e/ Rrl . B0-J-J:
City
~
State
Zip Code .
~3'1L/L(-t 72-
Zip Code
Please rint the follov..-i.n
1. Last Name:
4.
City State Zip Code
j)--elMy B~ -?-~
Cell Phone: ~ I Fax:
t62 -l/R-G
2.
3.
/ ~G}S- Sw
5. Home Phone:
j3r.kLf J-.:? fly
6.
7,
In. list any related professional certifications and licenses which you hold:
~~. - .
~j
, that all the above statements are true, and I agree and understand that ,my misstatement of l"uatenal facts
'5 application c e forfeiture upon my part of any appointment 1 may receive.
~/..
DATE
This application ,-vill reroain on fik in the City Clerk's Office for a period of 2 ye~l1"S from the date it was
submitted. It will be the applicanj's responsibility to ensure that a cunent application is on file.
S\Cln'CLt-.lt~\tlOAf\D'..\prUCAnUN
Mar 12 06 06:34p
ADELPHIA DELRAY
561 272 7708
p.3
JOSEPI--I F. I<AM.ARATA
OVER VIEW!
A Very C rganized, motivated, and proven management professional with
diverse <:Kperience in Purchasi.ng, Inventory Management, Customer
Service. Recognized for Reducing/Maintaining costs, Maximizing
purchasi.ll~ power, Resource Utilization and Optimizing overall
productiv:ty.
AREAS OF STRENGTH
Time IvIanagement, Total Quality Control, Negotiating Skills,
Directing multiple task concurrently, Organizing Skills,
Executive -level interface/cooperation, Outstanding Customer Service, , .
COMPUTER SKILLS
IBM PC, Den. Sony V, H,P" Compaq, Mac
\,(/in XP,2000,ME,98,95,3.1l Office XP, 2000,97
Adobe PLotoShop, Adobe PageMaker, Quicken, Internet. . ,
Scanner, (~D bumer, \\'1 FI, Palm Pilot
PROFESSIONAL EXPERIENC~
--.......-...--.....--..............."..-...-..--- - .-.-.----.~ -----.-..- .h.........__..___.....___........___......._.._.___________
(03/98 - Pre:;;ent) Operati'olls Manager of Adelphia Security Boca Branch. Consisting of
27,000 customers. 25 Direct reports.
lnstallaticn Supervisor over 26 Technicians, Responsible for training techs
to pass krell, Lowest employee turnover in Branch.
Instal1ati'>n & Service Tech Levell,II, III, Delray Beach, FI. 33444
(07/82-10/97)
Departlnc:nt ?vfanager, Dennis Fromath Chevrolet, Delray Beach, fl
(1981-1982)
Customer Services, Ed Morse Chevrolet, Lal1derlllll, FL
(1972-1981)
Depactffi4,nt r-".fanager, Sales, Service. GalT Fromath Chevrolet, Ft.Laud. FJ,
~~?_l?.~!.~~SE (OTHER)
Pro/Jerty Management of urge Corporation plus 6 privat(~ homes.
764 .>\VOCET ltD. . DELR_o\Y BE.'\CH FL. . 33444--1812
PHONE 561-2..3-2834 . FAXES 561-243-2834 . E-MAIL
J () E KA M A@AD E L PHI A. NET
Mar 12 06 06:34p
ADELPHIA DELRAY
561 272 7709
p.4
COMIVllINITY SERVICE
Dekay B,.ach Chamber of Commerce,
Tropic P;dms Homeowners i\ssociation-President
Ascension Church, Lector & Eucharistic Minister.
OTHER RESPONS:\BILITlES
..-...'-.-.--..-.....---..-.
· Purchase Of... Shop Equipment~ Chemicals. Paper products, First Aid
Supplies, Corporate Cellular phones, Paint and Building Supplies,
Secwity System, Costco & Sam's club purchases,
· The Hiring Of... Night Maintenance Crew, Plumbers, Electricians,
Cont:actors. Painters, Stonn protection Co., Locksmiths.
· Liaison Between.,. PL'l11ning and Zoning, City Commissioners,
ChalHber of Commerce.
· Impkmentation of... OSI-L.'\. Safety roles, Hazardous Materials, Safety
Equipment.
· Desi~:ner of.. . C01porate Logo's & Forms
EDUC.'\TION
_._....~ "-'_. ----..
.Adem~:o system training on alarm panels v20, vlO, v40, Lynx, cellular
. Fire Li~ht panel training
· \X/hole house wiring seminars
· F.A.S..:\ and RA.s.A. certified
· Adelphia Supervisor training classes 3
· Adelphia Technician training leyels I, II, III
· GeneJ:nl Motors I Management, Customer Service, Problem Solving
· Ft. Latderdale Art Institute I Photography, Photojournalism
· Miam.i Oadt I Photogl'aphy, Human Studies
· Could,,:rsport, Penn, I Adelphi'a Tech Training
SEMIN./\RS
_.._-_.._....~~- ---.-..-------...--.---..----_____.._..~_~.h__
· HaZ;J::dous Materials, Handling and Disposal
· OSH\, Safety
· Handling Blood Bom Pathogens in the work place.
· Sex.ud Harassment. How The Manager Handles It.
Mar 12 06 06:34p
INTEREST
ADELPHIA DELRAY
561 272 7709
· Amelican Red Cross First Aid, including CPR., Childbirth...
· Hunl:IH Resources
· EEOC: 3 Seminars on Race equality in the workplace.
Airplane Pilot, Scuba Diving, Boating, Fishing & Photography
p_5
DElRAY BEACH
~
All-AmerieaCity
, III t!
1993
2001
~I ~~{!@SI2J
0~/
"'4..?? . V~ C
CITY OF DELRAY BEACH CIJ""y' 5 <'DOS
BOARD MEMBER APPLICATION II O;~Il.rt.. .__ / I
[1 !Ml;?J'V/IfjYre~
3- ":J~01
Please e or rint the followin information:
1. Last Name: /{L&/ ~
2. Home Address:/PI C?t t if O~
3. Legal Residence:
~
4. Principal Business Address:
Name
M. r.q--
~So;~
Zip Code
W/Y'
Cit2> E.G~ dF4Df1 ~
City
State
City
State
Zip Code
_0"
5. Home Phone: Business Phone: E-Mail Address:
1~38 35/7 mjo;p'f//'>7te. Q)tJ>>!. /'1
6. Are you a registered voter? y U If so, where ~~e~fi%7} ru:,,<A))A
7. What Board(s) are Y93:! interested in serviny) Pleas.e -list m Qrder of pr~ere~c.e=,;
,Nt: I 4-1.30 /f h0o~ rrv V 14 0 (<J Q/'7' t:/L
Cell Phone;
Fax:
vt1G3Jt-Z- 3
fXffet'.-Jif fh:r7
8. List all City Boards on which you are currently serving or have previously served: (please include dates) _. / )
/YON 8
~
9. Educational qualifications: 0if /k!<!ZJCt'rIT/.A/
/??-E ,4-
10. List any related professional certifications and licenses which you hold:
11. Give your
nt, or most recent employ'er, and position:~ J?J(> -r:::: _ . .J/'
C'W77';€-.1>IR~j( /. "rRqL- Y- ~-"O
~/H'IQ/~ \!rOO tfuUA' H
~L.j} t/ ...r7E-/oo 4&/-J ~ pA- 910#
12. Describe experiences, skills or knowledge which qualify you to serve on this bOard: lease attach a brief resume)
~a
certify that all the above statements are true, and I agree and understand that any misstatement of material facts
. s application may cause forfeiture upon my part of any appointment I may receive.
J';fyW
DATE
Note: This application will remain on me in the City Clerk's Office for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on me.
SlCrrYCLERKIBOARDIAPPllCAllON
~/h II~ftI
I moved to Delray Beach in 2000 not sure if this was the community my husband and I
wanted to commit to after living in the Northeast for most of our lives. While the
transition was not easy since family still resides up North, we found ourselves welcomed
into a city that is a microcosm of what we think America should be - a blend of peoples
of all ages, races, and economic groups. A city that has pulled itself out of doldrums and
is a relatively safe and embracing community complemented by the fact that it is sitting
in a beautiful environment. We found that we became more active, looking forward to
enjoying the beach and parks and attending the many events held in the city. We take
pride in the fact that we call Delray Beach home.
I am sure many of you have seen changes in this city in the past years, but the challenges
the future holds can be daunting especially in protecting the assets that make Delray
Beach an All-America city. Just drive down Atlantic Avenue and not only can you see
the changes in the city but you can feel the changes. While I have no experience sitting
on advisory boards to a city, I feel compelled to offer what I can, to assisting the city that
we now call home in some way. I am a well educated woman and spend most of my
professional life advising healthcare organizations how to better their businesses, so I am
confident that some of those skills and experiences can assist the challenges facing the
residents of the city and those elected to manage Delray.
I am attaching a professional resume to assist in your review of my application. Thank
you for your consideration.
Lynn Klein
LYNN J. KLEIN
114 E. Lee Road
Delray Beach, FL 33445
RECEIVED
MAR 2 5 2005
CITY-CLERK
myoptima@aol.com
Home: (561) 638-3517
Fax: (561)638-6223
CAREER SUMMARY
A healthcare, business management consultant with extensive experience in the public and private
sector. Areas of expertise include:
Mergers and Acquisitions Corporate Finance Forensic Accounting
Business Integration Financial Analysis and Modeling - Process Improvement
Due Diligence Cash Management Business Development
Ability to improve efficiency through systems enhancement and re-design as well as through selection,
installation and maintenance of operational and financial computer systems. Ability to manage multi-
functional projects. Self-motivator with exceptional interpersonal and communication skills.
SELECTED ACCOMPLISHMENTS
Financial and Operational Business Consultin~
· Created and implemented a comprehensive restructuring of all purchasing and accounts payable
functions and systems for a $250M healthcare client to achieve projected savings in excess of $1M
in first year, reduce processing backlogs from 90 days to 3-5 days, reduce payment backlog from
120 days to 30-45 days, and provide on-line reporting to branch locations.
· Created financial models in EXCEL for cash basis $ 16M service client to convert cash financial
statements to GMP financial statements for timely reporting to publicly held parent company.
· Created a customer usage model that analyzed 10 years of data for a $20M service client.
· Provided all operational and financial business integration for 12 practice acquisitions for a $50M
healthcare client including systems conversions.
· Assisted clients in the identification of and evaluation of potential acquisition candidates including
preparation of financial and operational due diligence.
· Assisted two healthcare clients in successfullPO's (in excess of $100M) by providing financial
consulting including audit management, pro forma compilations and prospectus disclosure.
· Created financial projection models for a $250M healthcare client contemplating an IPO.
· Prepared business plans and assisted clients in accessing investment funds. Industries include
pharmaceutical, retail, healthcare and e-commerce (internet web-based business).
· Installed a customer service call center for a healthcare client that included the use of help desk
software to manage staff's ability to assist customers.
· Wrote policies and procedures manuals and practice orientation manuals that covered all company
functions for a $50Mhealthcare client.
· Created a medical record audit program that used a team ofdinicaland finanCial professionals to
review a hospitals billing and medical record compliance to Medicare regulations.
· Wrote business plan and assisted in securing the initial $2.0M investment for an e-commerce
business. Provided operational and financial consulting while acting as CFO during the product
development phase.
Tactical Finance and Accountin~
· Prepared financial statements and financial packages for Board of Directors and Senior
Management in a $100M healthcare company. Coordinated all financial information to prepare for
annual audits.
· Performed all controllership functions including monitoring of accounts payable and payroll
processing and approved all cash disbursements and bonus calculations. Reconciled accounts
receivable and monitored reserve provisions. Coordinated and reconciled physical inventories.
Oversaw operations of accounts payable, accounts receivable, purchasing, payroll and general
accounting areas.
Lynn J. Klein
Page 2
. Instituted standardized controls in accounting throughout a S50M region by writing and
implementing policies and procedures to comply with the provisions of the Corporate Audit
Committee. Standardized accounting forms and coding to facilitate month-end closings and
developed account analysis books to provide details of monthly balance sheet activity.
. Consolidated two $25M regions within 90 days without interruption to financial reporting, cash
disbursement and payroll. Consolidated multi-state banking arrangements into several major
geographic bank hubs increasing cash investments in REPOS, reducing bank fees and establishing
strong bank relationships increasing service to field operations.
. Monitored multi-branch operating expenses and recommended reduction and cost savings measures
to senior management to obtain acceptable branch profit margins. Monitored aged AIR and DSO
changes and provided senior management with monthly reports to assess early warnings of
potential bad debt exposure.
Management Information Svstems
. Selected hardware, customized software by designing input screens and reports, and implemented
an audit trail to convert an outsourced accounting process to and in-house system which resulted in
a departmental savings and more timely and accurately reporting.
. Utilized database management and mining programs to identify and monitor key business drivers
and created daily real-time reporting to operators, which assisted in day-to-day decision-making.
. Upgraded the accounting system to resolve an accounts payable backlog that reduced aging of open
invoices from 75 to 30 days.
. Converted regional office from a single-user system to a Novell network to facilitate accounting
processes, provided more timely information to field management and accommodate business
growth. Implemented an integrated payroll system utilizing ADP products to create labor analysis
reports for field operators, which provided employees with real time compensation and benefit
information.
. Selected to chair the finance team of the MIS Strategic Planning Committee of a publicly traded
healthcare company. Established definitions and requirements for a multi-million dollar systems
conversion.
...
PROFESSIONAL HISTORY
INDEPENDENT HEALTHCARE CONSULTANT, Delray Beach, FL
1994 - Present
NOVACARE ORTHOTICS &: PROSTHETICS EAST, INC., King of Prussia, PA 1990 - 1994
Controller
Responsible for all financial reporting in a $110 M division of this publicly traded healthcare company
..with 55 branch locations. Supervised a staff of eleven.
GOLODETZ TRADING CORP., New York, NY 1986 - 1989.
Financial Reporting Manager
Responsible for all financial reporting and cash management for a $300M privately held international
commodities firm. Reported directly to CFO and partners. Supervised a staff of thirteen.
EARL Y EXPERIENCE
"Big 8"audit division and private accounting experience in real estate and brokerage/commodities.
EDUCATION AND PROFESSIONAL ORGANIZATIONS
Penn State University - MBA (1999) - Finance
St. John's University B.s. Accounting (1980)
HFMA Member - Healthcare Financial Management Association, Florida Chapter
Volunteer - Membership Committee, Professional Development Committee
;qjr
1993
2001
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
DELRAY BEACH
, l 0 -a . D A
*****
2.
Lv D.
City
1.
3.
-
4.
City
State
Zip Code
Business Phone:
Fax:
11.
I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts
cont' d in this applic . on may cause fort. e upon my part of any appointment I may: receive.
r
RECEIVED
DEe
Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was
submitted. It will be the applicant's respo6tJlli'W elr6QKhat a current application is on file.
I "",..,. I s\ClTYCLERK\BOARDIAPPUCATION
t+-rT,q_,I/J
09/1a/0S. >>ON 10:1$ FAX 56124~~71'
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CITY CLERK
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-'~3.
2001
CITY OF .9ELRAy BEACH.
BOARD.MEM:BER APPLICATION
RECEIVED
SEP, 1" 2005
'TY CLERK
MJ.B
. .~ Cock .
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Zip Code
FL ~446-
St#te-^ . Zip Code
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2001
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CITY OF DELRA Y REACH OC1 , 3 ZOOS
BOARD MEM15ea APPLlCA'TIO~rT''' CLERK
10/'3/01
CITl"CLERK _
lG/13/oS TBlT 6~:Ol F~ 561243377J
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State
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g- List all <:ity ~ on
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. , you are c:uo:endy serving oc hAva pt ously :s.ttve& (Please .include d31:<!S)
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Bill Milner
3400 Place Valencay
Delray Beach, FL 33445
561-637-8896-
Professional History
2001-Present US Census Bureau- Field Representative
1999-Present Pre-Paid Legal Services, Inc. - Independent Associate
1996-1999 - Mustapha's Wadi Catering Services- Co-Owner
Education
B.A. Interdisciplinary Social Sciences, USF, Tampa, FL
I can make a meaningful contribution to the Neighborhood Advisory
Board for the following reasons:
. I understand the need for and the mechanics of building consensus
. Ability to work effectively with people from all backgrounds
. Aware of the interests and concerns of our business community
. Conscious of the limitations and the possibilities of public policy
. Empathetic to the challenges to homeowners of modest means
. I know what makes a community attractive to outsiders and
welcoming and comfortable for its residents
_ _..__. ...~. _'.___.'___~ ..." . ._ .n' ._,,'._ ._. .~...~._~.....~_ ..._. ," _'_ _ ...,.-. ....' .___._._ '._"~' _. ,....._.._ '. ., "~-- -..,._ --. . -....~---_..-..
Jan 28 06 09:55a Mel Pollack
01/30/06 )lUI'I l:i::OG ,,'hA. ~&1A:'i:J;J1I'i
561-272-7618
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1993
2001
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
2. Home Address;
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J. I...eg2l ~dcnce:
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4. Princi.p:a1Busincss Address:
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Li:.it all City Boar<h ~ ~ch you ue cw::r:cndy serviD~ OJ: bave previously say.....d: (pJease. ioclude d:ol~~)
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9. Edu=tion2l qualifiololioos:
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10. List:any [dated PXOfes5iorul C~CltioDS ~~ licenscs whic~ y?~ hold:. ,
.~ .' D L, (.l;..) ....r~
11_ Gilre yow: present, or most rec~t employer, and p~sitko.:. . . .-L
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1 b.e.reby certify m:ac all the ~OYe s~tcxnents :LtC m.lc, :w..d I ~= 2nd \.U).d<'T$r:J.nd mu ":lAY RUsuuemcot of rn:att.ci:U no:;
conbiacd. in this :J.PPliCJ.~ fOrfeitulc ~poa my part of any "'ppOLc.ttD~t: I may ceceive.
flf)~ .' . 3~ T7:hv 0(;
, .
SIGNA"IURE . D.JI..TE
Note: This applLcuron wi.ll1:~ 00. file Ul. the- Gq. Cle:dC's Office for a ~d of 2 YCU$ &om the .ntl:: it"WlLS
lIubmitu:d. It: 'win be me appliou:u:'s xcspo.uibiliry to casuie' that;L cua:eQ( "'ppliOLaon it! on .6le.
~.-.-uc.o.tJCRol
j)/Jf+
RECEt\/ED
JAM 30 2006
C\TY CLERK
.Jan 28 06 09:55a
Mel Pollack
561-272-7618
p.2
MELVIN POLLACK
800 N. Ocean Blvd. #1
Delray Beach. FL: 33483
Phone: (561) 213-1990
E-Mail: melsy@bellsouth.net
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 DevelopmentlMarketing/Communications conduit between
WSI and our parent. Group4Securieor. 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 WSl'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 Gl'"umman Corp_ Identified and researched
business development opportunities in high tech, O&M, and operational areas which
would benefit from Northrop Grumman's expertise and experience base. Responsible for
overall client development. executive leadership. community communications. and
continually evaluating and improving business processes. Capture manager, proposal
writer, phase-in and transition team member on successful 10 year $2.2 Billion NASA J-
BOSC Contract. (Dec 1996-Jun 2003)
Vice-President, AAROTEC. Inc. Responsible for overall business development and
project management for one of the oldest Architectural/Engineering firms in the United
States. Managed operations and projects in 34 countries. Responsible for dealing with
foreign governments and U. S_ representation at the highest levels. (April-Oct 1996)
Deputy ManageI'" 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
DaD agencies. Operations of the airport and port were part of the overall responsibilities.
(April-Dee 1994)
Jan 28 06 09:55a
M~l Pollack
561-272-7618
p.3
Senior Program Manager, Greiner Inc_ Responsible for aviation business
development. BRAC Commission Representative. and corporate office manager.
Project Manager for.the development of a reuse plan for England AFB, LA. for conversion
into a civil airport, the related economic redevelopment of Central Louisiana, and the
industrial redevelopment of the old civil airport. Project Manager for a number of
feasibility studies in preparation for the closure of MacDiII AFB. FL., and a Federal
Aviation Administration reuse study of Homestead Air Force Base, FL after Hurricane
Andrew. During preparation of the Environmental Impact Statement for the Lambert-St.
Louis International Airport expansion, managed corporate St. Louis office and was
responsible for public information and city/state coordination. (1991-94)
Director, Business Development for an established ArchitecturaVEngineering firm.
instituted formal marketing plan which resulted in opening three new offices and
branching out into new areas of business. Maintained contact with State/County/City
Officials throughout Florida and the southeast. the Department of Transportation, and
numerous governmental agencies. Instituted corporate quality control program.
(1984-91)
Wrote. Negotiated and Managed $750 Million Eastern Test Range O&M Contract
which encompassed operations and management on two continents and sovereign
governments' coordination at the highest levels. Directly responsible for saving over $150
million on this contract. As contract administrator, responsible for 13% reduction on multi-
million dollar facility supply contract at Patrick AFB. (1981-83)
Operated and Managed Safety and Flying Program at Patrick Air Force Base in
Central Florida: Coordinated with 64 civilian airports and many cities in the Florida area
on approach and departure routes, noise abatement, mid-air collision avoidance; and low
level routing. Responsible for all military and civilian flight operations in the southern half
of Florida, Developed instrument approach procedures and worked daily with the FAA
Achieved zero aircraft accident rate. (1978-84)
Supervised and Managed the Safety 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 A.A.. especially concerning noise
abatement and traffic into the South Florida area. Coordinated all security procedures
with both military and civilian agencies. (1974-78)
Jan 28 06 09:55a
Mel Pollack
561-272-7618
p.4
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. 581 (Current)
OTHER FACTS:
A former Prisoner of War in Vietnam, and the recipient of many
military and civilian awards.
Commercial Pilot Certificate with Instrument Rating
EMPLOYMENT HISTORY:
. DIRECTOR, INTERNATIONAL DEVELOPMENT
Wackenhut Services, Inc.. Palm Beach Gardens, FL
. DIRECTOR. OPERATIONS & SERVICES
Northrop Grumman Corp., Titusville, FL
. VICE PRESIDENT, ASIA DIVISION
AAROTEC, Inc., Fairfax, VA.
. MANAGEMENT/CONTRACT WRITING CONSULTANT.
Delray Beach, FL
. DEPUTY MANAGER. JOHNSTON ISLAND
Raytheon Services Nevada, Las Vegas. NV.
. SENIOR PROGRAM MANAGER
Greiner Inc.. Tampa, FL
. DIRECTOR. BUSINESS DEVELOPMENT
Williams. Hatfield and Stoner, Inc., Ft. Lauderdale, FL.
. U.S. Air Force
9/03-Present
12/96-7/03
4/96-10/96
1/95-3/96
4/94 - 12/94
10/91 - 3/94
10/84 - 7/91
11/64 - 12/84
2'-"'f .~:Ll' I"M FB.O,,"1: Lir,da l"[i.:.(
TO: 2~3-~774 PAGE: ~02 OF 0~2
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~ ~. L.-"-'~~ ):'-'f. I'M FFi.OM: Lirl'-J~ f-ri.:.r TO: 2..J~~-~{774 I-AGE: ('('2 OF ("~14
Linda A. Pri,or
2455 Lindell Blvd. #3510
Delray Beach, FL 33444
Home: 561-330-0245
Cell: 561-702-0245
Linda _ Prior(~hotmail. com
Work Experience:
IBM in Westchester County, NY - 20 years
Software Engineer
Telecommunications & Data
Quality and Process Management
Skills:
Organizational
Management
Attention to Detail
Conununication
Background:
Homeowner in Westchester Countv NY for 30 vears
~; ~,
Year Round resident of Del ray Racquet Club - 8 years
Past President of Association
Graduate of the Delray Residents Academy - 2004
Umass Alunmi VP
Boca Raton Group Counseling - volunteer - 1998 - 2001
Leader in Delray Church
Chair of Adult Educational Opportunities and Programs
Chair of assimilating New Members into active participants
Leader and trainer of care giving organization
Library Volunteer - computer area
Committee Goals:
Maintain the value of property by keeping it aesthetically pleasing
Maintain an open relationship between City and residents
Conduct business in an honest, unbiased manner
Establish an involved network of community interaction
Maintain security within the COllullunity.
:~ ~o 2..t'f o)-:t.f. I"M FEOM: Lir,.:J;t I"ri.,:.( TO: 2.J:1-~77.:Ji PAGE: ...(<~ OF '~'('4
f
I see myself as:
A volullteer willing to serve the Delray community.
I see myself as:
A representative member of the cOllununity \Villing to dOll ate my time to
the functioning of the cOllununity.
I see myself as:
An organized person who will explore and research situations and give
my input to the decision-making process.
I see myself as:
A cooperative, conscientious person without the superpowers to tackle
everyone's concerns and to satisfy everyone at the same time.
I see myself as:
An individual responsible member of the cOlmnunity, just like you all
are, who is willing to put my eftort into maintaining the City of Delray as
a place where I want to live.
I see myself as:
An individual who accepts responsibility and is open to the pleasure of
seeking new opportunities and encountering the.unexpected. Although I
am particularly interested in the Neighborhood Advisory Council, I have
stepped into positions where there has been a need, and I have tound the
challenge fulfilling.
DELRAY BEACH
. l 0 . . D ....
*****
RECE\VED
CITY OF DELRA Y BEACH ,2 2006
BOARD MEMBER APPLleATld~ \ E.f\~
~~'<?~~ cJr'
'1- IZ"c gYIr~
MI.
Name
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City
O.e.l V'a
City
-
All-AmertcaCily
, III I!
1993
2001
Please e or tint the folIo
1. Last Name:
R. s V\ , Co \t!-
2. Home Address:
2. $ '3 ~ ~ w \?-r..' ~ Tv -L~-t
3. Legal Residence:
~ a e,
4. Principal Business Address:
information:
State
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State
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Zip Code
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Zip Code
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City
State
Zip Code
12.~+,,{~
5. Home Phone:
S t.\ "~=lO- g .\.lQ
6. Date of Birth
--
-
Business Phone:
E-Mail Address:
Cell Phone:
$"bC-2Sl-'1d'! -
w e;>1,..(lso,", .It..
If so. where are you registered?
-IJ.. .
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Fax:
U~\t.-L ~ 2>~ '5
7. Are you a registered voter?
l2.1'Z~12D
e.~ Del..,- ~\
8. What Board(s) are you interested in serving? Please list in order of preference:
~ \ -n'^ c::. P-.t .( oS CVV cd \ "" ~ c:\ <:::'0 e", -r Co c..-7 ~ )..) ~~
.(L+~ 14~ {U..A'bJ
9. List all City Boards on which you are currently serving or have previously served: (please include dates)
B o'd uS+~* '" MtA.~ i()D M. ~,~ G::.... ",_4 . -In ..c.....
10. Educational qualifications:
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12. Give your present, or most recent-employer, and position:
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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.
~7/LYOb
DATE .
Note: This application will. remain on file in the City Clerk's Office for a period of 2 years from the date it was
I-m fOl/tJ
Samuel Resnick
2835 SW 13th Street
Delray Beach, Fl. 33445
Ph# 561.330.8419
Resume of Samuel Resnick
1. Education
a) Graduated from City College of New York: in Aug. 1949 with a Bachelor
of Civil Enginering Degree.
b) Completed various courses in Building Code Admini~tration and code
analysis. Theses courses were given by Building Officials and Code
Administrators, International. (BOCA)
.2. Licensing
a) Retired professional engineering Iicenses- Florida, Connecticut, New
York:, New Jersey, and Vermont.
b) Retired registered architectural Iicenses- Florida, Connecticut, New York,
Mass., Vermont, Delaware, Pennsylvania, and the National Council
ArchitecturaI Review Board.
c) Certified as Chief Building Official by State of Connecticut in 1979.
~
3. Organizations
a) Was member of State of Connecticut Codes and Standards Committee
from 1982 to June 1987.
b) Adjunct Assistant Professor in Civil Engineering Technology at Norwalk
State Technical College.
c) Member of the construction panel of The American Arbitration
Association.
d) Member of the Palm Beach County Board of Education oversight
committee on school construction from 1995 to 1996.
4. Experience
a) Oct. 1991 to Mar. 1995- Consultant to the Mayor of Norwalk, Ct
See attached letter.
b) August 1986 to Oct. 1991- Private practice as Architect-Engineer.
c) March 1978 to August 1986- Director of Code Enforcement and
Chief Building Official.
d) June 1957 to March 1978~ Private practice 3$ Architect-Engineer.
e) From 1939 to 1957- (except for two years in U.S. Navy and three years
in enginering school) worked for various architectural and engin~firms.
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DElRAY BEACH
~
AlI-AmerIcaCllJ
, III I!
1993
2001
;;Zo;A/ e L
.... .C;e.rvEO
CITY OF DELRAY BEACH f\E....~ t~
BOARD MEMBER APPLlCATION~6 . ~ 'i:.~
A-rvTO~
2. Home Address:
4
3. Legal Residence:
Sf}-Mr;
4. Principal Business Address:
tv
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Name (J)
F-\A-
City
t>EUZ-fN 8 E flC/f
City
Please e or rint the followin information:
1. Last Name:
City
M'<R
State Zi~ Code
~L- 3 445
State Zip Code
State Zip Code
. '.. .~
._,
5. Home Phone:
Business Phone:
E-Mail Address: .
Cell Phone:
Fax:
NIf
6. Date of Birth
fXol- 734- 50SLf
7. Are you a registered voter?
5~/- , -D7i/
If so, where are you registered?
8,S "'8'0
Ye~
8.
9. List all City Boards on which you are currently serving or have previously served: (please include dates)
}J It
10. Educational qualifications:
St'
I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts
iFJ :k:n =y cau", foncirure upon my port of any 'PPO:~~;I_ ;/~:
Note: TIlls 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.
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. As a
resident ofDelray Beach for the past three years, I have decided to commit myselfto the
betterment ofthe 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
of life 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 eoast 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. Notonly 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 for a
member of the Advisory Boards.
Thank you in advance,
1MgJ7
Ria Ragel Santos
Ria Santos
4636 DansonW ay
Delray Beach, FL 33445
Tel: 561.516.0788
Emai1: 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
. Helped students progress with the English language
ACHIEVEMENTS & ORGANIZATIONS
-e Cum Laude
-a- Student Leader of the Year -a- Delray Beach Chamber of
0 President Student Activities Board Commerce
-a- Senior Class Presdient 0 Habitat For Humanity
e- Phi Theta Kappa e- Women For Excellence
0 Volunteer UCF -& Catholic Counsel of Women
OELRAY BEACH
, , 0'. . D "
All-AmerlcaCity
'IUI!
1993
2001
~~ty;d/7 ~,et:&1f
CITY OF DELRAY BEACH CE.\\JE~~~?
BOARD MEMBER APPLlCAT~ .1\ '/.Illl~
OC1 \\ .. ,,~
crt'! '1 v/f6
M.I.6
Zip Code
~,~
Zip Code
State
rt-
State
*****
Please e or rint the followin information:
1. Last Name: S chneic/I!v
2. Home Address: '1/ e:- A C,7 (Lv ~\)
3. Legal Residence:
Name
/ll"le
4. Principal Business Address:
)~V'1{;
City
State
Zip Code
.5. Home Phone:
5(; I 2(pr Jl.-~G:.
6. Date of Birth
Business Phone:
Cell Phone:
Fax:
)'Ir~()
E-Mail Address:
9t 'f~ 9tg~-: I b /7 S"chi1G,5Q.f!Jv
7. Are you a registered voter? If so) where are you registered?
Ltd-
? 0<;- 72.0 'lift ~
/)ct.-~ /;(yJt/-J
8. What Board(s) are you interested in serving? Please list in order of preference:
V&161i~iJK..-J..IvuD ,4E)v/S:Jj 1) ov-JI"'TJw""/ tv61,/ ~J/\J T
_' List all City Boards on which you are currently serving or have previously served: (please include dates)
Po .
{04
11. List any related professional certifications and licenses which you hold:
t 12. Give your present, or most recent employer, and position:
JI It- JDA -. volA 1.- /}L/JtJ,N I.IV Cd l/J./'e; ( -;:--..1 ~IJ All'.!
AM
!
;.
Note: This application will remain on file in the City Clerk)s Office for a period of2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
NANCY E. SCHNEIDER
41 East Road
Delray Beach, FL 33483
561-265-3236 Home
305-720-4464 Cell
nschneiS@(au.edu
Masten of Arts - Geography
Masten of Business Administration
AutoCAD I and n
EDUCATION
Florida Atlantic University
Keller Graduate School
Miami-Dade Community College
Boca Raton, FL, 2006
Chicago, IL, 1995
Miami, FL, 2000
EMPLOYMENT mSTORY
PLANNER South Florida Regional Planning Council, Hollywood, FL Janumy 2006-present
Compile, evaluate and summarize data from Miami-Dade and Broward Counties and 14 municipalities for Florida Department of
Transportation Florida East Coast Corridor Study and Regional Transit Authority for Tri-Rail TOD evaluation.
· Review County and Municipal land use plans and their existing support of transit and redevelopment, zoning codes, regulations,
comprehensive plans, developments for the last five years, programs for capital improvement programs and their relation to transit
oriented development; growth management and transit supportive policies.
· IdentifY, examine and summarize CRA information, goals and objectives and consistency with transit oriented development, Federal
Empowerment Zone, Brownfield redevelopment information relative to the FEC Corridor.
· Collect and compile parking information for municipalities in both counties.
· Evaluate demonstrated performance/successes ofland use policies and regulations along the corridor.
· IdentifY exceptional examples of historical, environmental and community preservation or enhancements along the Corridor, vacant
land, land available for redevelopment and redevelopment anticipated along the Corridor.
· Summarize information and its opportunitieS to support passenger transit along the FEC Corridor and wrote recommendations for
stations.
· Attend FDOT meetings and workshops on FEC Study.
· Review Land Use by Sorted Data Table according Parcel Number regarding locations of Enterprise Zbne addresses and create
. Enterprise Zone List for Broward County and review Land Use Codes of SF and MF Residential, Retail, Office, Industrial, Vacant,
Public Land, Commercial Acres, Units, Assessed Value, Vacancy, Allowable Density and Existing Density and created tables for GIS
use.
Calculate Existing Density tables for GIS use.
· Serving as interim Project Manager for FEC and R T A projects during transition of Senior Transportation Manager.
FLIGHT ATTENDANT American Airlines Miami, FL 1998-present
· Customer service (received five "Someone Special" awards in first year for outstanding customer service).
· Working knowledge of SABRE.
· Maintain and enforce FAA, TSA and security regulations.
· Work well in crewmember teams as well as leadership roles.
· Flextble, spontaneous, patient, creative, staying power, astute, exceptional conflict resolution skills.
ACCOUNT MANAGER Pepperidge Farm, Chicago, IL 1989-1997
· Managed $6.9 million in sales and maintained marketing budget of over $1,000,000.
· Developed and launched Goldfish theme that served as model for national campaign.
· Repeatedly attained key corporate objectives as well as increased sales and profits for accounts.
· Coordinated work of various levels of management at accounts, in-house support staff, Area Sales Managers and Distnbutors ensuring
successful marketing programs
· Created resourceful new promotion strategies and developed creative sales incentive programs, maximizing product movement and
unit profit, and increasing space.
· Conducted category reviews and business reviews as Category Manager.
· Analyzed and applied IRI scan data and Spectra demographic information and advised accounts on maximizing entire category
profitability.
· Proficient at all frequently used spreadsheet and word processing programs.
Professional Membenhips:
UIban Land Institute
.kshops and Conferences Attended:
American Association of Geographers Annual Meeting. March 2006 Chicago, IL
Congress for New Urbanism, Traditional Neighborhood Development, May 2006, Port St. Lucie Florida
Walkable Communities Workshop, July 2006 Miami, FL
Urban Land Institute Fall Meeting. October 2006 Denver, CO
Delray Beach
~
AI....." CITY OF DELRA Y BEACH
, 'III. BOARD MEMBER APPLICATION
19.~
mDl
ffiOYCl/7 #lSe
(!cn/7i( p
~o~ (;
Please type or orint the followin2 information: 3/3/~7 .
1. Last Name: Name M.L
Smith James (Jim) E.
2. Home Address: City State Zip Code
1225 S. Ocean Blvd., #202 Delray Beach FL 33483
3. Legal Address: City State Zip Code
Same as Above
4. Principal Busiriess Address: City State Zip Code
N.A.
5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax:
(561) 330-6798 N.A. :jameseiimchar@aol.com N.A. (561) 330-6798
6. Are you a reRistered voter? Yes If so, where are you re~stered? Delray Beach, FL
7. What Board(s) are you interested in serving? Please list in order of preference:
Neighborhood Advisory Council
8. List all City Boards on which you are currently serving or have previously served: (please include dates)
Ped/Bike Task Team - 2003 (Chairman), Elder Ready Task Force - 2002. Please see attachment.
9. Educational qualifications Florida State University - Bachelor of Science
University of Miami - M.B.A.
10. List any related professional certifications and licenses which you hold:
II. Give your present, or most recent employer, and position:
Retired - Formerly VP of Finance I CFO I Controller
Linen Supermarket I L. Luria & Son I Miami Herald.
12. Describe experiences, skills, or knowledge which qualify you to serve on this board: (please attach a brief resume.)
Please see attachment.
c~
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 forteiture upon my part of amy appointment that I may receive.
I *ni ~. .<-- ~ qeCEIVED
- March 30. 2005
DATE MAR 3 1 2005
Note: This application will remain on file in the City Clerk's Office for a period of2 years from the date it ~T\( i'"\ LERK
submitted. It will be the applicant's responsibility to ensure that a current application is On file. v I . Li
Lfl> rh~
Delrar Beach
td&d
~r
1993
2IOin
ATTACHMENT: SMITH, JAMES E.
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
8. List all City Boards on which you are currently serving or have previously served: (Continued.)
As Chair of the PedJBlke Task Team, I provided leadership In preparing a 250 page detailed report,
an Executive Summary Report, and a PowerPoint presentation of recommendations for the City
Commission.
Unlike many other City committees, the Ped/Bike Task Team had no turnover, and encouraged and
received public participation.
12. Describe experiences, skills or knowledge which qualify you to serve on this board: (Continued.)
~Attended the first Delray Beach Residents' Academy.
~Whlle a member of PROD, served on its Board of Directors.
~ Established "Walk A Child to School Day" in Delray Beach by promoting and coordinating the walk
at Banyan Creek Elementary in 2002, at Pine Grove Elementary In 2003, and obtained a commitment
from the City to sponsor the event in future years.
~Discovered an available $100,000 grant and let the City know how to secure It.
~ Convinced the Florida Department of Transportation (FOOT) of the need for adding an additional
traffic light and speed limit sign at Casuarina and A1A in 2001.
~ Persuaded FOOT to fill in a sidewalk gap on Atlantic Avenue in front of Bush's Restaurant in 2005.
~Supported the City's effort to pass the Parks & Rec Bond Issue by speaking out publicly and
writing "Letters to the Editor".
~Encouraged the City to acquire the Carver Square "sinking homes" property.
~ Promoted and organized a "Beach Clean-Up" in November 2004.
~ Founded SAFE ~fety As fOOT gnvislons} and campaigned for a complete sidewalk on the west
side of Ai A from Linton Blvd to Bush Blvd and for bicycle laneS.
~ Persuaded the City Manager to assign the duties of a PedlBlke Coordinator to a City staffer and
to nominate the staffer to the Palm Beach MPO PedJBlke Committee.
other volunteer activities and hobbies Include:
~Sea turtle monitoring In Highland Beach Zone 5.
~ Special Events for the Norton Museum.
~ Vegetable gardening.
Other skills: Computer spreadsheet and PowerPolnt.
DElRAY BEACH
f L 0 . I D A
*****
CITY OF DELRAY BEACH ~E.GE.\\lE.O
BOARD MEMBER APPLlCATIO~C1 \ \l11l1lQ 't-
crt'f C'-€. ~
information: ~ " A 17!
NameC.A~
rrITl!
1993
2001
Please e or tint the followin
1. LastNam~~,^,O
~~~\~~ BlJd.
3. Legal Residence:
j:tte ~~4'f
State Zip Code
5. Home Phone:
Business Phone:
City
~~
E-Mail Address:
State
Zip Code
33141
Hs>Ac.I\
f(
J.flfS -S3~
6. . Date uf :binh
lolarol ~7
8. What Board(s) are you interested in serving? Please list in order of preference:
;)43
7. At.:. fOU a registered vo(,-i.~
Cell Phone:
L!4130b\
Fax:
d 43 7'-1lol
1.;" '>V; where are you registered?
eS
;ItA.W~ek d~L
o
13
'U .. A . t.
9. List all City Boards on which you are currently serving or have previously served: (please include dates)
OlOO(!)-~
)., ~~ il~.s
AJ .A.C aoo 3 - c.<.t/lIU?.Jf
12. Give your present, or most recent employer, and position:
c,j"
J-/~s{., {'hI
knowledge which qualify you to serve on this board: (please attach a brie resume)
DATE
Note: This application will remain on ftle in the City Clerk's Offtce 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 f1le.
NEIGHBORHOOD ADVISORY COUNCIL
EXHIBIT "B"
Term Expiration Date
Zone
Commissioner/Mayor to appoint
October 31, 2009 (3 year term) 3 Mayor Perlman (Seat #5)
October 31, 2009 (3 year term) 4 Commissioner Ellis (Seat # 1 )
October 31,2009 (3 year term) 5 eommissioner Fetzer (Seat #2)
October 31,2009 (3 year term) 6 eommissioner Levinson (Seat #3)
October 31,2009 (3 year term) At Large Rep. eommissioner Montague (Seat #4)
October 31, 2007 (unexpired term) 3 Mayor Perlman (Seat #5)
~~~~~ ~q.L-\'b\\\\~
MEMORANDUM
TO:
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # I.QjJ - REGULAR MEETING OF OCTOBER 17, 2006
ORDINANCE NO. 58-06 (AMENDING LDR SECTION 4.6.9(E)
"LOCATION OF PARKING SPACES")
SUBJECT:
DATE:
OCTOBER 13, 2006
This ordinance is before Commission for second reading to amend Land Development Regulations
Section 4.6.9(E) to provide credit towards required parking for the developers constructing new on-
street public parking in adjacent rights-of-way. There was a revision to Ordinance 58-06 to change
the parking space credit from 50% to 100% for the developers constructing new on-street public
parking in adjacent rights-of-way.
At the first reading on October 3, 2006, the Commission passed Ordinance No. 58-06.
Recommend approval of Ordinance No. 58-06 on second and final reading.
S:\City Clerk\AGENDA COVER MEMOS\Ordinance Agenda Memos\Ord 58-06 Amend LDR See 4,6,getO.t7.06 2nd reading. doc
ORDINANCE NO. 58-06
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRA Y 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 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 parking 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 right-of-way exists.
construction of additional on-street parking spaces directly and wholly abutting the lot. or parceL may
be counted towards the off-street parking requirement of the lot or parcel it is intended to serve.
provided that:
(a) The adjacent right-of-way has not been previously utilized for parking or. in cases where
the adjacent right-of-way has been used for parking only those spaces in addition to the
number of existing spaces shall be counted:
W(b) Such parking spaces are clearly marked on the site plan and designed in accordance with
appropriate Ci1;y. Coun1;y or State standards. as applicable: and.
W(c) Such parking 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 Ci1;y Commission for
special events or valet parking.
One parking space credit shall be given for each additional full space constructed abutting a lot or
parcel. No part of an on-street parking space shall extend past a side property line of the lot it serves.
On-street parking located on the opposite side of the right-of-way. and within the property lines. as
extended to the opposite side of the right-of-way. may be counted toward fulfilling the off-street
parking requirement when the adjacent lot is a railroad or waterway. and it does not warrant parking.
In the event the Ci1;y. Coun1;y or State removes the parking spaces at any time for a public purpose.
the proper1;y shall be considered lawfully nonconforming with respect to parking.
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
2
ORD NO. 58-06
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
CI1Y CLERK
First Reading
Second Reading
3
ORD NO. 58-06
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[ITY DF DELRA' BEA[H
CITY ATTORNEY'S OFFICE
2(lO NW 1st AVE!\"lE' DELRAY BE/\CH. FLORIDA 33444
IFLEPHONE :ihI/24.,-70l)(l' FACSIMIL!:. 561/27R-4755
DELRAY BEACH
~
All-America City
Writer's Direct Line: 561/243-7091
, IIII!DATE:
MEMORANDUM
October 6, 2006
1993
2001
TO:
City Commission
David Harden, City Manager
~ --:::=::::::-
Brian Shutt, Assistant City Attorney
FROM:
SUBJECT: Resolution 63-06 - Contract for Sale and Purchase between the
CRA and the City - CRA Parkinq Lot
Attached please find Resolution No. 63-06 which adopts and includes the Contract
for Sale and Purchase between the City and the CRA in the amount of
$1,168,368.00 for the purchase of the final parcels of the CRA/Old School Square
parking lot as shown on the attached survey. The CRA shall provide a credit to
the City in the amount of $500,000.00. The credit represents a portion of the
agreed upon contribution from the CRA to the City for the construction of a public
parking garage. This transaction has been advertised and is ready for approval by
the City Commission.
Our office requests that this Contract for Sale and Purchase between the CRA and
the City be placed on the October 17,2006 City Commission agenda for approval.
Please call if you have any questions.
Attachment
cc: Chevelle Nubin, City Clerk
Robert Barcinski, Assistant City Manager
Diane Colonna, Director of the Community Redevelopment Agency
to. B
RESOLUTION NO. 63-06
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, AUTHORIZING THE CITY TO
PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM
BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY
INCORPORATING AND ACCEPTING THE CONTRACT STATING
THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE
BETWEEN THE SELLER AND THE CITY OF DELRA Y BEACH,
FLORIDA.
WHEREAS, the City of Delra)' Beach, Florida, wishes to acquire certain property generally
located just West of Northeast 2n Avenue and just North of East Atlantic Avenue in Delray
Beach, Florida, to provide land for a park area, a valid public purpose; and
WHEREAS, the Seller hereinafter named desires to sell the property hereinafter described
to the City of Delray Beach Florida; and
WHEREAS, it is in the best interest of the City of Delray Beach, Florida, to purchase said
property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray Beach, Florida, as Buyer,
hereby agrees to purchase from the Delray Beach Community Redevelopment Agency, as
Seller, for the purchase price of One Million One Hundred Sixty Eight Thousand Three Hundred
Sixty Eight Dollars ($1,168,368.00), and other good and valuable consideration; said parcel being
more particularly described as follows:
A PORTION OF LOT 11 AND LOT 12, BLOCK 76, MAP OF THE TOWN OF LINTON,
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, AT PAGE 3, OF
THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
THE WEST 50.00 FEET OF LOT 11, LESS THE NORTH 9.40 FEET THEREOF, TOGETHER
WITH THE WEST 50.00 FEET OF LOT 12, LESS THE SOUTH 26.00 FEET THEREOF, BLOCK
76, MAP OF THE TOWN OF LINTON, ACCORDING TO THE PLAT THEREOF AS RECORDED
IN PLAT BOOK 1, PAGE 3, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA.
SAID LANDS SITUATE WITHIN IN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY,
FLORIDA.
CONTAINING 5,702 SQUARE FEET MORE OR LESS.
and
A PORTION OF LOT 6, BLOCK 76, MAP OF THE TOWN OF LINTON, ACCORDING TO THE
PLAT THEREOF AS RECORDED IN PLAT BOOK 1, AT PAGE 3, OF THE PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGIN AT THE SOUTHEAST CORNER OF LOT 6, 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 AND RUN ON AN
ASSUMED BEARING OF N89008'50"W ALONG THE SOUTH LINE OF SAID LOT 6 FOR A
DISTANCE OF 125.00 FEET; THENCE NOooOO'OO"E ALONG A LINE PARALLEL WITH AND
10.00 FEET EAST OF THE WEST LINE OF SAID LOT 6 FOR A DISTANCE OF 42.63 FEET;
THENCE N90000'OO''E 124.99 FEET TO THE EAST LINE OF SAID LOT 6; THENCE SOooOO'OO"W
ALONG SAID EAST LINE FOR A DISTANCE OF 44.49 FEET TO THE POINT OF BEGINNING,
LESS THE SOUTH 26.00 FEET THEREOF.
SAID LANDS SITUATE WITHIN IN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY,
FLORIDA.
CONTAINING 2,194 SQUARE FEET MORE OR LESS.
Section 2. That the terms and conditions contained in the contract for sale and purchase
and addenda thereto between the City of Delray Beach, Florida, and the Seller as hereinabove
named are incorporated herein as Exhibit "A".
PASSED AND ADOPTED in regular session on the
,2006.
day of
MAYOR
Attest:
City Clerk
2
EXHIBIT "A" TO RESOLUTION NO. 63-06
CONTRACT FOR SALE AND PURCHASE
PARTIES: DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, of 20 North Swinton Avenue,
Delray Beach, Florida ("Seller"), and the CITY OF DELRA Y BEACH, a Florida municipal corporation, of
100 N.W. First Avenue, Delray Beach, Florida (Buyer), hereby agree that the Seller shall sell and Buyer
shall buy the following described Real Property and Personal Property (collectively "Property") upon the
following terms and conditions, which INCLUDE the Standards for Real Estate Transactions ("Standard(s)")
on the reverse side hereof or attached hereto and riders and any addenda to this Contract for Sale and
Purchase ("Contract").
I. DESCRIPTION:
(a)Legal description of the Real Property located in Palm Beach County, Florida:
See Exhibit "A"
II.
PURCHASE PRICE
$1,168,368.00
III. TIME FOR ACCEPTANCE; EFFECTIVE DATE; FACSIMILE: If this offer is not executed by and
delivered to all parties OR FACT OF EXECUTION communicated in writing between the parties on or before
November 1, 2006, t his 0 f fer may b e wit h d raw n. The d ate 0 f Con t r act
( " E f f e c t i v e D ate") will be the date when the last one of the Buyer and the Seller has signed this
offer. A facsimile copy of this Contract and any signatures thereon shall be considered for all purposes as
originals.
IV. TITLE EVIDENCE: Prior to closing, Buyer may, at Buyer's expense, obtain a title insurance
commitment and, after closing, an owner's policy of title insurance.
V. CLOSING DATE: This transaction shall be closed and the deed and other closing papers delivered
on December 30,2006, unless modified by other provisions of Contract.
VI. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to: comprehensive land
use plans, zoning, restrictions, prohibitions and other requirements imposed by governmental authority;
restrictions and matters appearing on the plat or otherwise common to the subdivision; and public utility
easements of record.
VII. OCCUPANCY: Seller warrants there are no parties in occupancy other than Seller; but if Property is
intended to be rented or occupied beyond closing, the fact and terms thereof and the tenant(s) or occupants
shall be disclosed pursuant to Standard F. Seller shall deliver occupancy of Property to Buyer at time of
closing unless otherwise stated herein. If occupancy is to be delivered before closing, Buyer assumes all risk
of loss to Property from date of occupancy, shall be responsible and liable for maintenance from that date, and
shall be deemed to have accepted Property in its existing condition as of time of taking occupancy unless
otherwise stated herein.
VIII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions, riders
and addenda shall control all printed provisions of this Contract in conflict with them.
IX. ASSIGNABILITY: (CHECK ONLY ONE): Buyer (1) _ may assign and thereby be released from
any further liability under this Contract;_ may assign but not be released from liability under this Contract;
or ~ may not assign this Contract.
X. SPECIAL CLAUSES; ADDENDA: If additional terms are to be provided, attach addendum and CHECK
HERE X
CITY OF DELRAY BEACH
DELRAY BEACH COMMUNITY
REDEVELOPMENT AGENCY
By:
TaxlD
By:
Tax ID No.
ADDENDUM TO CONTRACT FOR SALE AND PURCHASE
SELLER:
DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY
BUYER:
CITY OF DELRAY BEACH
PROPERTY ADDRESS:
See Exhibit "A", attached hereto
X. SPECIAL CLAUSES; ADDENDA (Continued):
A. The parties represent and warrant that there is no broker involved in this transaction to
whom a commission would be due.
B. Notwithstanding any provision of this Contract to the contrary, the Buyer agrees to pay the
closing costs relative to this transaction, excluding documentary stamps, if any.
C. The subject property is being sold in its 'as is' condition.
D. Buyer shall receive a credit at closing from Seller in the amount of $500,000.00, which
represents a portion of the agreed upon contribution from Seller to Buyer for the construction of a public
parking garage upon a portion of the property described in Exhibit "A".
SELLER'S INITIALS:
BUYER'S INITIALS:
STANDARDS FOR REAL ESTATE TRANSACTIONS
A. EVIDENCE OF TITLE: A title insurance commitment issued by a Florida licensed title insurer agreeing to issue to Buyer, upon recording of the deed to
Buyer, an owner's policy of title insurance in the amount of the purchase price, insuring Buyer's title to Real Property, subject only to liens, encumbrances,
exceptions or qualification provided in this Contract and those which shall be discharged by Seller at or before closing. Seller shall convey a marketable title
subject only to liens, encumbrances, exceptions or qualifications set forth in Contract. Marketable title shall be determined according to applicable Title
Standards adopted by authority of The Rorida Bar and in accordance with law. Buyer shall have 30 days, if abstract, or 5 days, if title commitment, from date of
receiving evidence of title to examine it. If title is found defective, Buyer shall, within 3 days thereafter, notify Seller in writing specifying defect(s). If the
defect(s) render title unmarketable, Seller will have 30 days from receipt of notice to remove the defect(s), failing which Buyer shall, within five (5) days after
expiration of the thirty (30) day period, deliver written notice to Seller either (1) extending the time for a reasonable period not to exceed 120 days within which
Seller shall use diligent effort to remove the defects; or (2)requesting a refund of deposit(s) paid which shall immediately be retumed to Buyer. If Buyer fails to
so notify Seller, Buyer shall be deemed to have accepted the title as it then is. Seller shall, if title is found unmarketable, use diligent effort to correct
defect(s) in title within the time provided therefor. If Seller is unable to timely correct the defects, Buyer shall either waive the defects, or receive a refund of
deposit(s), thereby releasing Buyer and Seller from all further obligation under this Contract.
B. SURVEY: Buyer, at Buyer's expense, within time allowed to deliver evidence of title, may have Real Property surveyed and certified by a registered
Florida surveyor. If the survey discloses encroachments on the Real Property or that improvements located thereon encroach on setback lines, easements,
lands of others, or violate any restrictions, Contract covenants or applicable governmental regulation, the same shall constitute a title defect.
C. INGRESS AND EGRESS: Seller warrants and represents that there is ingress and egress to the Real Property sufficient for the intended use as
described in Paragraph VI hereof, title to which is in accordance with Standard A.
D. LEASES: Seller shall, not less than 15 days before closing, fumish to Buyer copies of all written leases and estoppel letters from each tenant specifying
the nature and duration of the tenanfs occupancy, rental rates, advanced rent and security deposits paid b~' tenant. If Seller is unable to obtain such letter from
each tenant, the same information shall be furnished by Seller to Buyer within that time period in the form of a Seller's affidavit, and Buyer may thereafter
contact tenants to confirm such information. Seller shall, at closing, deliver and assign all original leases to Buyer.
E. LIENS: Seller shall furnish to Buyer at time of closing an affidavit attesting to the absence, unless otherwise provided for herein, of any financing
statements, claims of lien or potentiallienors known to Seller and further attesting that there have been no improvements or repairs to Property for 90 days
immediately preceding date of closing. If Property has been improved, or repaired within that time, Seller shall deliver releases or waivers of mechanics' liens
executed by all general contractors, subcontractors, suppliers, and materialmen in addition to Seller's lien affidavit setting forth the names of all such general
contractors, subcontractors, suppliers and materialmen and further affirming that all charges for improvements or repairs which could serve as a basis for a
mechanic's lien or a claim for damages have been paid or will be paid at closing of this Contract.
F. PLACE OF CLOSING: Closing shall be held in the county where Real Property is located, at the office of the attomey or other closing agent designated
by Seller.
G. TIME: In computing time periods of less than six (6) days, Saturdays, Sundays and state or national legal holidays shall be excluded. Any time periods
provided for herein which shall end on Saturday, Sunday or legal holiday shall extend to 5:00 p.m. of the next business day. Time is of the essence in this
Contract.
H. DOCUMENTS FOR CLOSING: Seller shall fumish deed, bill of sale, construction lien affidavit, owner's possession affidavit, assignments of leases,
tenant and mortgage estoppel letters, and corrective instruments. Buyer shall fumish closing statement, mortgage, mortgage note, security agreement, and
financing statements.
I. EXPENSES: Recording corrective instruments shall be paid by Buyer. Recording of deed shall be paid by Buyer. Unless otherwise provided by law or
rider to this Contract, charges for the following related title services, namely title or abstract charge, title examination, and settlement and closing fee, shall be
paid by the party responsible for furnishing the title evidence in accordance with Paragraph IV.
J. SPECIAL ASSESSMENT LIENS: Certified, confirmed and ratified special assessment liens as of date of closing (not as of Effective Date) are to be
paid by Seller. Pending liens as of date of closing shall be assumed by Buyer. If the improvement has been substantially completed as of Effective Date, any
pending lien shall be considered as certified, confirmed or ratified and Seller shall, at closing, be charged an amount equal to the last estimate of assessment
for the improvement by the public body.
K. RISK OF LOSS: If the Property is damaged by fire or other casualty before closing and cost of restoration does not exceed 3% of the assessed
valuation of the Property so damaged, cost of restoration shall be an obligation of the Seller and closing shall proceed pursuant to the terms of Contract with
restoration costs escrowed at closing. If the cost of restoration exceeds 3% of the assessed valuation of the improvements so damaged, Buyer shall have the
option of either taking Property as is, together with either the 3% or any insurance proceeds payable by virtue of such loss or damage, or of canceling Contract
and receiving return of deposit(s).
L. PROCEEDS OF SALE; CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds. If an abstract of title has been furnished,
evidence of title shall be continued at Buyer's expense to show title in Buyer, without any encumbrances or change which would render Seller's title
unmarketable from the date of the last evidence. All closing proceeds shall be held in escrow by Seller's attomey or other mutually acceptable escrow agent for
a period of not more than 5 days after closing date. If Seller's title is rendered unmarketable, through no fault of Buyer, Buyer shall, within the 5 day period,
notify Seller in writing of the defect and Seller shall have 30 days from date of receipt of such notification to cure the defect. If Seller fails to timely cure the
defect, all deposit(s) shall, upon written demand by Buyer and within 5 days after demand, be returned to Buyer and simultaneously with such repayment,
Buyer shall return Personalty and vacate Real Property and reconvey the Property to Seller by special warranty deed and bill of sale. If Buyer fails to make
timely demand for refund, Buyer shall take title as is, waiving all rights against Seller as to any intervening defect except as may be available to Buyer by virtue
of warranties contained in the deed or bill of sale. If a portion of the purchase price is to be derived from institutional financing or refinancing, requirements of
the lending institution as to place, time of day and procedures for closing, and for disbursement of mortgage proceeds shall control over contrary provision in
this Contract. Seller shall have the right to require from the lending institution a written commitment that it will not withhold disbursement of mortgage proceeds
as a result of any title defect attributable to Buyer-mortgagor. The escrow and closing procedure required by this Standard may be waived if title agent insures
adverse matters pursuant to Section 827.7841, F.S., as amended.
M, ESCROW: Any escrow agent ("Aoent") receiving funds or equivalent is authorized and agrees by acceptance of them to deposit them promptly, hold
same in escrow and, subject to clearance, disburse them in accordance with terms and conditions of Contract. Failure of clearance of funds shall not excuse
Buyer's performance. If in doubt as to Agent's duties or liabilities under the provisions of Contract. Agent may, at Agent's option, continue to hold the subject
matter of the escrow until the parties hereto agree to its disbursement, or until a judgment of a court of competent jurisdiction shall determine the rights of the
parties or Agent may deposit with the clerk of the circuit court having jurisdiction of the dispute. Upon notifying all parties concemed of such action, all liability
on the part of Agent shall fully terminate, except to the extent of accounting for any items previously delivered out of escrow. If a licensed real estate broker,
Agent will comply with provisions of Chapter 475, F.S., as amended. Any suit between Buyer and Seller where Agent is made a party because of acting as
Agent hereunder, or in any suit wherein Agent interpleads the subject matter of the escrow, Agent shall recover reasonable attomeys' fees and costs incurred
with these amounts to be paid from and out of the escrowed funds or equivalent and charged and awarded as court costs in favor of the prevailing party. The
Agent shall not be liable to any party or person for misdelivery to Buyer or Seller of items subject to this escrow, unless such misdelivery is due to willful breach
of Contract or gross negligence of Agent.
N. .l\TTORNiY FiiS; COSTS: IA aAY IitillaliElA, iAsllJaiA!:!llreacR, eAfElI'CElmElAt Elr iAtElFllrelaliElA, arisiA!:! Elllt Elf this CElAtFaCt, the pre'lailiA!:! party iA sllch
liti!:!atiElA wl=lisl=l, fer the plJrpeses Elf this StaAaara, sl=lall iAcllJde Seller, 8lJyer, aAa aAY Ilrelters astiA!:! iA a!:!eAC)' er AElAa!:!eAsy relatiElAships alJlherized Ill'
Cl=lapler 475, F.S., as ameAaea, sl=lalllle eAtitled IEl reSEl"er trElm the AElA pre"ailiA!:! party reasElAallle altElrAey's fees, CElsIs, aAd ElXpeAses.
O. FAILURE OF PERFORMANCE: If Buyer fails to perform this Contract within the time specified (including payment of all deposit(s)}, the deposit(s} paid
by Buyer and deposit(s) agreed to be paid, may be recovered and retained by or for the account of Seller as agreed upon liquidated damages,
consideration for the execution of this Contract and in full seWement of any claims; whereupon, Buyer and Seller shall be relieved of all obligations under
Contract; or Seller, at Seller's option, may proceed in equity to enforce Seller's rights under this Contract. If, for any reason other than failure of Seller to
make Seller's title marketable after diligent effort, Seller fails, neglects or refuses to perform this Contract, the Buyer may seek specific performance or elect to
receive the retum of Buyer's deposit(s) without thereby waiving any action for damages resulting from Seller's breach.
P. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE: Neither this Contract nor any notice of it shall be recorded in any public records. This
Contract shall bind and inure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall include plural and one
gender shall include all. Notice given by or to the attorney for any party shall be as effective as if given by or to that party.
Q. CONVEYANCE: Seller shall convey title to Real Property by statutory Special Warranty Deed, subject only to matters contained in Paragraph VI and
those otherwise accepted by Buyer. Personal Property shall, at request of Buyer, be transferred by an absolute bill of sale with warranty of title, subject only to
such matters as may be otherwise provided for herein.
R. OTHER AGREEMENTS: No prior or present agreements or representations shall be binding upon Buyer or Seller unless included in this Contract. No
modification or change in this Contract shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by
it.
S. WARRANTIES: Seller warrants that there are no facts known to Seller materially affecting the value of the Property which are not readily
observable by Buyer or which have not been disclosed to Buyer.
EXHIBIT "A"
A PORTION OF LOT 11 AND LOT 12, BLOCK 76, MAP OF THE TOWN OF LINTON, ACCORDING TO
THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, AT PAGE 3, OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE WEST 50.00 FEET OF LOT 11, LESS THE NORTH 9.40 FEET THEREOF, TOGETHER WITH THE
WEST 50.00 FEET OF LOT 12, LESS THE SOUTH 26.00 FEET THEREOF, BLOCK 76, MAP OF THE
TOWN OF LINTON, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE
3, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
SAID LANDS SITUATE WITHIN IN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA.
CONTAINING 5,702 SQUARE FEET MORE OR LESS.
and
A PORTION OF LOT 6, BLOCK 76, MAP OF THE TOWN OF LINTON, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 1, AT PAGE 3, OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE SOUTHEAST CORNER OF LOT 6, 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 AND RUN ON AN ASSUMED BEARING OF
N89008'50'W ALONG THE SOUTH LINE OF SAID LOT 6 FOR A DISTANCE OF 125.00 FEET; THENCE
NOooOO'OO"E ALONG A LINE PARALLEL WITH AND 10.00 FEET EAST OF THE WEST LINE OF SAID
LOT 6 FOR A DISTANCE OF 42.63 FEET; THENCE N90000'OO''E 124.99 FEET TO THE EAST LINE OF
SAID LOT 6; THENCE SOooOO'OO'W ALONG SAID EAST LINE FOR A DISTANCE OF 44.49 FEET TO
THE POINT OF BEGINNING, LESS THE SOUTH 26.00 FEET THEREOF.
SAID LANDS SITUATE WITHIN IN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA.
CONTAINING 2,194 SQUARE FEET MORE OR LESS.
OLD SCHOOL SQUARE GARAGE AND PARK SITE PRO.JECT
EXPANSION PROPERTY
A PORTION OF LOT 6, BLOCK 76, MAP OF THE TOWN OF LINTON,
PLAT BOOK 1, AT PAGE 3, LYING WITHIN
SECTION 16, TOWNSHIP 46 SOUTH, RANGE 43 EAST,
CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA.
Heller - Weaver and Sheremeta, inc.
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Pli~T BOOK 1, i?AGI2 3,
FILE NO. 06-15396.108-S54
310 S.E. 1st S1reet, Suite 4
DeJray Beach, Florida 33483
(561) 243-8700 - Phone
(561)243-8m. Fax
LB.NO.30449
OLD SCHOOL SQUARE GARAGE AND PARK SITE PROJECT
DHBH PARCEL
A PORTION OF LOT 11 AND LOT 12, BLOCK 76, MAP OF THE TOWN OF LINTON, PLAT
BOOK 1, AT PAGE 3, LYING WITHIN
SECTION 16, TOWNSHIP 46 SOUTH, RANGE 43 EAST,
CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA.
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. BLOCK 76, PLAT BOOK 1, PAGE 3 PAGE 3
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PAGE 3
310 SE. 1st SIreel, Suite 4
Defray Beach, Aorida 33483
(561) 243-8700 - Phone
(561) 243-8m. Fax
LB. NO. 3449
WWW.bocanews com · Boca RatOn/D I B
. e ray each News - Fr~aYlSaturday, October13-14, 2006 29
~~
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't~
NOTICE OF INTENT
TO ACQUIRE REAL PROPERTY
NOTICE IS HEREBY GIVEN, that the
City at Delray Beach, FIo<ida, has iii>-
,ermined l to be in the best interest at
the City to poo:hase certain real prop-
erty tor municipal pIiIpOSOS, """e par-
licufarty described as toIIows:
A PORTION OF LOT 11 AND LOT 12.
BLOCK 76, MAP OF THE-TOWN OF
LINTON, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT
BOOK " AT PAGE 3, OF THE PUB,
L1C RECORDS OF PALM BEACH
COUNTY, FLORIDA. BEING MORE
PARTICULARLY DESCRIBED AS
FOLLOWS:
THE WEST 50.00 FEET OF LOT 1t,
lESS THE NORTH 9..0 FEET
THEREOF, 'TOGETHER WITH THE
WEST 50.00 FEET OF LOT 12. LESS
THE SOUTH 26.00 FEET THEREOF.
BLOCK 76, MAP OF THE TOWN OF
LINTON. ACCORDING TO THE PLAT
THEREOF. AS RECORDED IN PLAT
BOOK 1, PAGE 3. OF THE PUBLIC
RECORDS OF PALM BEACH
COUNTY. FlORlDA.
SAID LANDS SITUATE WITHIN IN
THE CITY OF DELRAY BEACH.
PAlM BEACH COUNTY, flORIDA.
CONTAINING 5.702 SaUARE FEET
MORE OR LEss.
and
A PORTION OF LOT 6, BLOCK 76.
MAP OF THE TOWN OF LINTON, AC,
CORDING TO THE PLAT THEREOF
AS RECORDED IN PLAT BOOK " AT
PAGE 3. OF THEPUBLlC RECORDS
OF PALM BEACH COUNTY. FLORI-
DA, BEING MORE PARTICULARLY
DESCRIBED />S FQU.OWS:
BEGIN AT THE SOUTHEAST .COR-
NER OF LOT 6, BLOCK 76. MAP OF
THE TOWN OF LINTON. ACCORD-
ING TO THE PLAT THEREOF RE-
CORDED IN PLAT BOOK 1, AT PAGE
3 OF THE PUBLIC RECORDS OF
PAL~ BEACH COUNTY, FLORIDA
AND RUN ON AN ASSUMED BEAR,
ING OF N8s DEGREES 08' SO' W
ALONG THE SOUTH LINE OF SAID
LOT 6 FOR A DISTANCE OFt25.00
FEET; THENCE NOD DEGRHS 00'
00- E. ALONG A L1NEPARALLH
WITH AND 10.0Oc FEET EAST OF
THE WEST LINE OF SAID LOT. 6
FOR A DISTANCE OF 42.63 FEET;
THENCE NsO DEGREES 00' 00' E
124.99 FEET TO THE EAST LINE OF
SAID lOT 6; THENCE SOO DE-
GREES 00' 00' W ALONG SAID
EAST LINE FOR A DISTANCE OF
44.49 FEET TO THE POINT Of BE-
GINNING, LESS THE SOUTH 26.00
FEET THEREOF.
SAID LANDS SITUATE WITHIN IN
THE CITY OF DHRAY BEACH
PAlM BEACH COUNTY. FlORIOA. .
CONTAINING 2,IS4 SaUARE FEET
MOAEORlESS.
The purchase is - fj,r One Million One
Hundred Sixty Etght Thousand Three
Hundred Sixty. Eight Dollars {US
$1,168.368.001. however, lhe City will
receive a credit of 5500,000.00, upoo
closing, 'rom the Seller (Communitv
~edevelopment Agency). ^ Resolu-
tIOn of the Cfty Commission of the City
of Dekay Beach, Florida, authorizing
the purchase 01 property and incorpo-
raling the terms' and con.dillons of
such purchase' will be consid8r~d for
adoption by the City Commission li1 a
regular meeting 10 be held on Tues-
~y. October 17, 2006 (Of at ,any con-
tinuation of such meeting which is set
by the Commission) al 7:00 p.m. in the
Commission Chambers al City H<:.ll,
~:w. lsl Avenue, Defray BeaCh,
CITY OF DElAAY BEACH, R.DAIDA
Cheve!le NLtlin, CMC
City Clerk
Publish: October 6 & 13, 2006
Boca AatOf>Oelray Beach News
\' l
t'
1)
~ J-oJ
jut
'U If
NOl1CE OF INTENT
10 ACQUIRE REAL PROPERTY
NOTICE IS HEREBY GNEN, tf1al the
City of lleliar. Beach. Florida, has de-
termined I to. be in the best int...est of
the City to ptICI.- cen8in real pr0p-
erty tor municipal puIjIOS'!S. nxxepar-
l\CIJIarIY_aslollows:
A PORTION Of LOT 11 AND LOT 12.
BLOCk 76. MAP OF THE TOWN OF
LINTON. ACCORDING TO THE PLAT
THEREOF .AS REC9AQ/'D IN PlAT
BOOIn. AT'PAGE-~. Of'THE'PUB-
L1C'~CORDS OF PALM BEACH
CO~NT.Y. F.LORIOA.BEING MORE
~tARLY DESCRIBED AS
THE WESj:'~O.OOFEET (IF LOT 11.
LESS THE 'NORTH SAO FEET
THEREOF; TOGETHER WITH THE
WEST 50.00 FEET OF LOT 12. LESS
THE SOUTH 26.00 FEET THEREOF.
BLOC~ .16,',11 !:!&l'OWN:9F
LINTON, ACC TO THE PLAT.
THEREOF . .PED IN PLAT
BOOK I, - OF THE .PUBLlC
RECORDS.. OF.. PALM . BEACH
COLNTY, FLoRIDA.
SAlP 'LANDSSlTu.TE wrtHIN IN
THE CITY OF. .IlELRAY BE.ACfl.
PAl.M1lEACH.COUN1'Y;~lDA
CONTAINING 5.102 SOUARE FEET
lIORE OR LESS.
iInd .
"PORTION Of, LOT 6: .BLOCK 16.
""" OF THfTtlWNOf, LINTON, AC-
CaRPING TO THe PLAT THEREOF
AS RECoRDED IN PLAT BOOK 1. AT
~AGE ~:OfltlE.PUBLlC RECORDS
OF PALM. BEACH COUNTY, FLORI-
DA. BEING-\IOR.E PARTICULARLY
oESCRIBED IS FOU.OWS:
.seGIN AT THE SOUTHEAST COR-
NER'Of.LOT"6; BlOCK 16. MAP OF
THE TOWN OF LINTON. ACCORD-
ING 'TO THE PLA'TTHEREOF .RE;
COROED-'IN PLAT BOOK '. AT PAGE
3' OF THe PUBLIC ReCOROS OF
PALM 'BEACH (:CUNTY. FLORIDA
,NO '.RUN ON AN A$SUMEDBEAR-
ING OF .N8S DEGREES 08' 50- W
ALONG.THE SOUTH LINE OF SAID
lOT 8 FOR A DISTANCE OF 125.00
FEET; THENCE. NOO DEGREES 00'
00' E ALONG A LINE PARALLEL
WITH AND 10.00 FEET EAST 01'
THE WEST LINe OF SAID LOT 6
FOR A DISTANCE OF 42.63 FEET:
THENCE NSODEGREES 00' 00- E
124.~ FEEr TO THE EAST LINE. OF
SAID LOT. 8; THENCE 5.00 DE-
GREES 00'.00- Vi ALONG SAID
EAST. LINE FOR A" DISTANCE OF
+<,4S. FEET TO THE POINT OF BE-
QINNING.~E!islHESOUTH 26,00
FeEl~
SAIO'!.ANDS SITUATE WITHIN. IN
THE .CITY.' OF DEL RAY BEACH,
PALM~ACii COUNTY. FLORIOA
CONT.lri!ING 2.194 SOUAREFEET
lIORE.OR,LESS.
The purCf:lase i6 for ,One Million One
Hundred. SixtY-Eight ThQ:usand Three
Hund~.~-, Sllc.ty - Eight DoJlars (US
$.1,168,368.00), however. -.the-City will
r~~~'Cfedit ot 5500.000:00, upon
dos,lng, from the SeUer (Communi1y
F\ecle,eIQ-Pi'nenl ~ Agency). _ A'. Resolu-
tion of.the ~y COmmissiOn of the City
01 oelr~y ,Beach, Florida, authorizing
the purdt~..of.propef1y and incorpo-
{.ating .ft.\ete~ms . and conditions of
s~Ch pur<;hase will be considered for
~by the City c;ommissioB at a
regularon:re,ting 10 -be held on Tues.
itay, OCtober 17, 2006lorat-anyCOll~
tinuatlon 1)f....~. tneetingwhichissel
by- Che.Corill'niSsion) at 7:00 p.m..in.the
Commission C'hambe_rs at City Hall.
tpo N.W.tst Avenue, Delray Beach.
-
CITY-Of OaAAY BEACH, FlOAD...
Che\<elle Nubin, Cp..c
C;,yCle<1<
_ 0cI0ber 6 & 12. 2006
Boca RatoMlelrayEleach News
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FROM:
TO:
THRU:
SUBJECT: MEETING OF OCTOBER 17. 2006 - ** PUBLIC HEARING **
ADOPTION OF THE 2006 COMPREHENSIVE PLAN EVALUATION
AND APPRAISAL REPORT (EAR).
The Evaluation and Appraisal Report is the first step in the process for updating the
Comprehensive Plan. This overall review of the Comprehensive Plan affords an
opportunity to suggest changes or amendments that are needed to update the plan
including reformulated objectives, policies or standards. The last EAR was adopted by
the City Commission on July 9, 1996. In 1998, the legislature amended Chapter 163,
Part 2 of the Florida Statutes to incorporate new criteria for Evaluation and Appraisal
Reports. Prior to 1998, the requirements of the EAR were uniform. Every local
government in the State of Florida had similar Evaluation and Appraisal Reports in
terms of contents. The effect of the 1998 legislation was to allow each local government
to evaluate only those major issues that affect its ability to achieve its goals.
The City Commission reviewed a draft of the EAR at a public hearing on August 1, 2006
and transmitted it to the State of Florida Department of Community Affairs (DCA) for
initial review. This additional step affords an opportunity to address potential problems
prior to adoption after which DCA performs a formal sufficiency review. DCA's initial
review (attached) identified several areas where additional information is required to
meet Statutory requirements. These areas, which relate mainly to the financial feasibility
of the Plan and concurrency, have been addressed in the attached revised EAR.
Changes were made to the Transportation Element, Public Facilities Element and Open
Space and Recreation Element and Capital Improvement Element of Chapter 4
"Element Summaries" of the EAR. Additionally, Appendix B was added to the document
to include the current 5-Year CIP.
Maior Issues
City staff defined the major issues which were reviewed at a meeting of the Planning &
Zoning Board for its recommendation to the City Commission. The major issues were
discussed by city residents at the EAR kick-off meeting on April 24, 2006 and additional
issues were proposed for consideration by the City Commission. The following list of
major issues was approved by the City Commission on May 2,2006:
lO.t
City Commission Documentation - October 17, 2006 Meeting
Comprehensive Plan Evaluation & Appraisal Report (EAR)
Page 2
1. The impact of current development trends, market demand and high property
values, along with the effectiveness of redevelopment policies, in achieving a
balanced mix of land uses capable of creating a sustainable downtown.
2. The impact of additional intensity and densities in the downtown area on existing
infrastructure (water, sewer, roads, etc) and services.
3. The effect development trends and the high demand for housing in Delray Beach
has on the availability of workforce housing.
4. The ability of the City to continue to increase the level of services through the
provision of new and enhanced programs which are desired by the community,
while controlling the need for additional staff and/or increased financial resources.
5. Availability of an adequate water supply for the future.
6. The effectiveness of existing transportation policies to decrease dependence on the
automobile and encourage the utilization or provision of alternative transportation
systems.
7. The effectiveness of existing policies to stabilize neighborhoods.
8. The impact of new development and redevelopment on green space in the
downtown area.
9. Determine whether existing regulations are adequate to control building mass in
areas of the city other than the downtown.
A Letter of Understanding was sent by the Department of Community Affairs to the City
of Delray Beach on June 8, 2006, agreeing with the list of major issues and the scope of
work outlined by the City.
Public Participation
The City began a recruitment program for public participation in the EAR process in
March, 2006. The City's adopted procedures call for the formation of citizen task teams
for the Housing, Open Space & Recreation, Public Facilities, Conservation and Coastal
Management Elements of the Comprehensive Plan. A press release was issued; a
notice was posted on the City's web site; e-mails were sent to subscribers of City
newsletters and Board agendas; the Chamber of Commerce sent notices; and a notice
was included on the back of water bills. The campaign resulted in nearly 100 people
who wished to participate in the process. At its meeting of May 2, 2006, the City
Commission was scheduled to select approximately 40 members for the task teams.
However, due to the large number of volunteers, the City Commission decided to forgo
the use of small committees and instead create a series of community workshops where
everyone could participate. Overall, five workshops were held in May and June to
discuss the Future Land Use, Transportation, Housing, Open Space and Recreation,
Public Facilities, Coastal Management and Conservation Elements.
Oraanization of the EAR
The proposed Evaluation and Appraisal Report (EAR) is divided into five (5) Chapters
as follows:
City Commission Documentation - October 17, 2006 Meeting
Comprehensive Plan Evaluation & Appraisal Report (EAR)
Page 3
. Chapter 1 - Introduction: Contains the format of the EAR; and a description of the
EAR process and requirements, including the process for identifying the City's major
issues and the public participation process taken to prepare the EAR. It also
contains a discussion of the relevant changes to the State Comprehensive Plan,
Chapter 163 F.S., the Florida Statutes, the minimum criteria contained in Chapter
9J-5, Florida Administrative Code, and the Treasure Coast Strategic Regional Policy
Plan since the City's last EAR in 1996.
. Chapter 2 - Community Assessment: Summarizes the changes that have occurred
in the City since the last EAR.
. Chapter 3 - Local Major Issues: Presents an evaluation of the nine (9) major issues
identified by the City of Delray Beach and agreed upon by DCA.
. Chapter 4 - Summary of Each Element: Provides an assessment of the ten (10)
Elements in the City's Comprehensive Plan.
. Chapter 5 - Recommendations: Provides a summary of conclusions and
recommended revisions to the Comprehensive Plan.
The Planning and Zoning Board held a public hearing regarding the proposed EAR on
July 24, 2006. After a presentation by staff, the public hearing was opened. Jim Smith
made several comments. Two concerned adding bicyclists to the descriptions of specific
legislative changes referenced in the appendix. This is not appropriate, since the
descriptions as written accurately define the sections in the law. The third comment
related to the accommodation of bicyclists on A-1-A. The fourth comment was a
suggestion to eliminate all parking requirements in the area surrounding the tri-rail
station in the Congress Avenue Mixed Use FLUM designation. This issue can be
addressed with the land development regulations for the district. After discussion, the
Board voted 5-0 (Eliopoulos and Borchardt absent) to recommend transmittal of the
draft EAR to the State of Florida Department of Community Affairs for initial review.
The comments from DCA's initial review have been addressed in the revised EAR.
Pursuant to State requirements, it was not necessary for the Planning & Zoning Board
to review the changes prior to adoption.
By motion, approve Resolution No. 65-06, adopting the 2006 Comprehensive Plan
Evaluation and Appraisal Report and transmit the adopted report to the State of Florida
Department of Community Affairs.
Attachments:
. 2006 Comprehensive Plan Evaluation & Appraisal Report
. Letter from the State of Florida Department of Community Affairs
s:\planning & zoning\longrange\comp\2006 ear\ear city commission adoption.doc
RESOLUTION NO. 65-06
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y
BEACH, FLORIDA, ADOPTING THE 2006 COMPREHENSIVE PLAN
EVALUATION AND APPRAISAL REPORT; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, via Ordinance No. 82-89, the City of Delray Beach adopted the document
entitled "Comprehensive Plan - Delray Beach, Florida"; and
WHEREAS, pursuant to Chapter 163.3191, Florida Statutes, the Comprehensive Plan is
required to be updated periodically through the preparation of an evaluation and appraisal report
and subsequent amendment; and
WHEREAS, the Planning and Zoning Board, as Local Planning Agency, did prepare a
report on the Comprehensive Plan entitled "2006 Comprehensive Plan Evaluation and Appraisal
Report"; and
WHEREAS, the Planning and Zoning Board, as Local Planning Agency, following due
public notice, held a public hearing on July 24, 2006, in accordance with the requirements of the
"Local Govemment Comprehensive Planning and Land Development Regulation Acf'; and
WHEREAS, after the above referenced public hearing, the Planning and Zoning Board,
as Local Planning Agency, transmitted the proposed "2006 Comprehensive Plan Evaluation and
Appraisal Report" to the Florida Department of Community Affairs for review, and to the City
Commission; and
WHEREAS, the City Commission, following due public notice, held a public hearing on
October 17, 2006, in accordance with the requirements of the "Local Govemment
Comprehensive Planning and Land Development Regulation Act" to adopt the "2006
Comprehensive Plan Evaluation and Appraisal Report".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the doaJment entitled "2006 Comprehensive Plan Evaluation and
Appraisal Report" is hereby adopted.
Section 2. That the Comprehensive Plan for the City of Delray Beach will be amended,
consistent with the findings and recommendations of the "2006 Comprehensive Plan Evaluation
and Appraisal Report", within eighteen months of its adoption.
Section 3. That this resolution shall become effective upon the date a sufficiency
determination is issued by the Florida Department of Community Affairs in accordance with
Chapter 163.3191, F.S.
PASSED AND ADOPTED in regular session on this the 17th, day of October, 2006.
MAYOR
ATTEST:
City Clerk
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
"Dedicated to making Florida a better place to call home"
JEB BUSH
Governor
THADDEUS L. COHEN. AlA
Secretary
September 14, 2006
The Honorable Jeff Perlman
Mayor, City of Delray Beach
100 Northwest First Avenue
Delray Beach, Florida 33444
Dear Mayor Perlman:
On August 8, 2006, the Department of Community Affairs received your City's proposed
Evaluation and Appraisal Report. As requested, the Department has completed its review of the
proposed EAR and has enclosed comments and recommendations for your consideration.
The proposed EAR is well done and reasonably comprehensive regarding many of the
statutory requirements. However, the Department's review revealed several areas where
additional information is required to meet the requirements of ~ 163.3191, Florida Statutes, as
discussed in the attached report.
Please note that the Department will perform its formal sufficiency review after the City
has transmitted the adopted EAR to the Department. We encourage the City to address the
enclosed potential sufficiency issues to ensure that the adopted EAR can be determined sufficient
pursuant to ~ 163.31 91, Florida Statutes.
We greatly appreciate the effort you and your staff have shown in planning the City's
course of action into the future. Should you have any questions concerning the Department's
review of the proposed EAR, please contact Philip Shafer, Planner, at (850) 921-3762.
Sincerely,
~~
Roger Wilburn
Regional Planning Administrator
RW/pss
~.ECEIVFD
SEP 1 8 2006
Enclosure
cc: Mr. Ronald R. Hoggard, Jr. AICP, Planning and Zoning Department f" ZONiNG
Ms. Carolyn A. Dekle, Executive Director, South Florida Regional Planning Council
2555 SHUMARD OAK BOULEVARD . TALLAHASSEE. FLORIDA 32399-2100
Phone: 850.488.8466fSuncom 278.8466 FAX: 850 921.0781fSuncom 291.0781
Internet address: hltp'!lwww.d{;;].~;I;,I" fl.IIS
CRITICAL STATE CONCERN flEI.D OfFICE
2/~6 Ovcr~..eilS HHJhway. SUIte 21.-'
M.1r;)ltion. FL 3.30:j().2227
()05j 289-2402
COMMUNITY PLANNING
255[.> Shul1'\]rd l).1k lloulc\I<lrd
Tall;Jh3ssee. Fl. 32]:;9-2100
IPSO) -:n..:l.;'')(,
EMERGENCY MANAGEMENT
..".? Shlln\Jrd O.Jk Oniil<:.....ild
Llil:tl1,I':1'"iee. FL 323~'9-21no
r''lr:''i ! ~ ').rzj(,'-:-j
~'~l~S :~I1'lrn.lIo.l (),:i<. nowlt."""nd
T.)/J~1I"tas~.C'~ FL J.ij99-~100
HOUSING & COMMUNITY DEVElOPMENT
(fl;-f;; : ',:'1, ~.:"')
CITY OF DELRAY BEACH
PROPOSED EVALUATION AND APPRAISAL REPORT
August 28, 2006
EAR REQUIREMENTS NOT SUFFICIENTLY ADDRESSED AS PROPOSED
163.3191 (2) (c) The financial feasibility of implementing the comprehensive plan and
of providing needed infrastructure to achieve and maintain adopted level-of-service
standards and sustain concurrency management systems through the capital
improvements element, as well as the ability to address infrastructure backlogs and
meet the demands of growth on public services and facilities.
Staff Comment
The City identifies, in general terms, several demands on infrastructure Levels of
Service (LOS) and their efforts at sustaining LOS through their Concurrency
Management System (CMS) and Capital Improvement Program (CIP). In their analysis
of the Plan's Elements, the City states they have accomplished several items and
several more are proposed, but without any projected costs. The City indicates it
maintains a five-year Capital Improvements Program, which is updated each year,
though it did not present any portion of the CIE as data for review.
The City indicates it will amend outdated policies, revenue and debt summaries and five
year forecast tables as part of the EAR-based amendments. However, it is within the
EAR itself that financial feasibility and policy analysis should occur.
The City presents insufficient data and analysis identifying the capital facilities-
projected over the planning period that will address the achievement and maintenance
of adopted LOS and does not identify the sources of funding to demonstrate financial
feasibility.
Staff Recommendation
The Ear should be revised prior to adoption to:
This is a critical portion of the EAR Report as it allows the local government to assess
past financial management and capital budgeting practices that enabled or prevented
the community from meeting its public facility needs. It provides an opportunity to
assess and amend the policies and objectives guiding the community into the future to
better enable the local government to provide its future infrastructure needs at the
City of Delray Beach Proposed EAR- Page 1 -
August28,2006
adopted LOS. To these ends the report is both retrospective and prospective and
should include the following data and analysis:
1. The public facility needs that were projected for the past planning period (for
roads, potable water, sewer, drainage, solid waste, recreation and open space)
and included in the plan during EAR-based amendment. For roads, the EAR
should list all the deficient roadways at the time of the previous EAR-based
amendment;
2. A discussion of the extent to which the identified needs of the community were
met in terms of achieving and maintaining the adopted LOS standard and
whether the deficiencies were corrected or not corrected. If deficiencies
occurred, and especially if they were prolonged, that would provide a good
indication that the comprehensive plan was NOT financially feasible. The EAR
should analyze and discuss why the deficiencies occurred (e.g. insufficient
funding, inefficient growth pattern that fails to deliver resources efficiently,
unexpected growth, or a catastrophic event that caused local government to
divert funds to other needs). then make recommendations to help ensure that
financial feasibility is achieved and maintained during the next five and ten year
planning horizon.
3. A discussion of the current condition of all public facilities in terms of capacity
(including roadway LOS of all major roadways as partially provided in the current
EAR); .
4. A discussion of the City's ability to fund the identified infrastructure needs of the
community during the past planning period, particularly for those facilities subject
to concurrency. The discussion should describe the financial management and
capital budgeting programs implemented during the planning period that enabled
the community to achieve and maintain the adopted level of service standards;
5. A discussion of the hardships if any, that the City encountered, which hampered
its' ability to address the infrastructure needs of the community;
6. A projection of the capital facility needs for the next planning period for all
facilities that concurrency is required. This projection should include the
projected LOS standards for all major roadways in the community;
7. A discussion of the financial planning and budgeting schedules that will enable
the City to meet its projected capital facility needs for the five and ten year
planning period. The discussion should include the identification of the sources
of funding as well as the City's revenues and expenditures that will support the
City's capital projects during the planning period. Please note: 5B 360 adopted
in 2005, has changed the requirements of the Capital Improvement Element. As
an example, the CIE should identify a Capital Improvement Plan covering five
years, with the first three years of projects having funds committed and years
four and five having funds planned. The City must identify revenues or funding
sources sufficient to support the projects identified and these projects should
result from the objectives identified within the various elements of the
Comprehensive Plan. The City should carefully review the changes to this
critical element of the Comprehensive Plan for additional amendments to existing
policies and objectives.
City of Delray Beach Proposed EAR- Page 2 -
August 28, 2006
8. As a minimum, the EAR should include in an Appendix the Capital Improvement
Element and Capital Improvement Plan/Program of scheduled improvements for
the next five-year period. This is the type of data and analysis that establishes
the financial feasibility of the Comprehensive Plan.
163.3191 (2) (0) The extent to which a concurrency exception area designated
pursuant to ~163.3180(5), a concurrency management area designated pursuant to
~ 163.3180(7), or a multi modal transportation district designated pursuant to
~163.3180(15) has achieved the purpose for which it was created and otherwise
complies with the provisions of ~163.3180.
Staff Comment
The City presented no data or analysis on the item.
The Ear should be revised prior to adoption to:
Provide the requested analysis or a statement as to applicability.
163.3191 (2) (p) An assessment of the extent to which changes are needed to develop
a common methodology for measuring impacts on transportation facilities for the
purpose of implementing its concurrency management system in coordination with the
municipalities and counties, as appropriate pursuant to ~ 163.3180( 10).
Staff Comment
The City presented no data or analysis on this item.
The Ear should be revised prior to adoption to:
Provide the requested analysis or a statement as to applicability.
City of Delray Beach Proposed EAR- Page 3 -
August28,2006
City of Delray Beach
2006
Comprehensive Plan
Evaluation and Appraisal Report
October 17, 2006
Table of Contents
Chapter 1 Introduction 1
Background 1
Organization of the EAR 3
Public Participation 3
Identification of the Major Issues 4
Changes in Growth Management Law 5
Chapter 2 Community Assessment 8
Background 8
The Planning Area 8
Changes in Land Area 10
Population Growth 11
Location of Existing Development 12
Vacant Land Analysis 14
Redevelopment in the Coastal High Hazard Area 14
Public School Concurrency 18
Water Supply Planning 18
Chapter 3 Local Major Issues 19
Chapter 4 Element Summaries
Future Land Use Element 30
Transportation Element 33
Housing Element 34
Public Facilities Element 36
Coastal Management Element 37
Conservation Element 39
Open Space & Recreation Element 40
Intergovernmental Coordination Element 41
Capital Improvement Element 42
Public Schools Facilities Element 43
Chapter 5 Recommendations 45
Appendix A Changes to Comprehensive Plan Requirements
Appendix B Current CIP
CHAPTER 1
Introduction
INTRODUCTION
Background
The State of Florida's local government comprehensive planning law, Chapter 163, Part
2, Florida Statutes (F.S), requires that all counties and municipalities throughout Florida
maintain long-range comprehensive planning programs, and that comprehensive
planning is a continuous and ongoing process. The Comprehensive Plan is the primary
growth management planning tool for the City. The Plan describes how the community
looks today and how it is expected to look in the future. It contains policy guidelines for
the control of growth and quality of life in the City and its Planning Area. The Plan is
made up of ten specific elements addressing: Future Land Use, Transportation,
Housing, Infrastructure (Public Facilities), Coastal Management, Conservation, Open
Space and Recreation, Intergovernmental Coordination, Capital Improvements, and
Public Schools. All of the elements are compatible with and complementary to each
other. Together they provide a comprehensive look at the issues facing the City, and
plan for future growth.
In Delray Beach, the Comprehensive Plan is not a static document, but an active
management tool. Regular reviews are performed of the factual information contained
in the Plan. Specific issues of interest to the community are analyzed. New legislation
and information affecting the City are incorporated in the Plan. Since its adoption in
1989, there have been numerous individual amendments to the text of the
Comprehensive Plan and to the Future Land Use Map. Through these reviews, and
resulting amendments, the Comprehensive Plan is kept reasonably current and
reflective of the City's philosophy of growth management.
Planning in Delray Beach is a continuous and on-going process. Even so, it is
appropriate to periodically step back and look at the Comprehensive Plan as a whole.
The Legislature mandates that the City periodically evaluate the level of success of its
Plan in adequately addressing changing conditions and reflecting changes in State
policy on planning and growth management. That mandate is carried out through the
required preparation of an Evaluation and Appraisal Report (EAR) of the
Comprehensive Plan once every seven years.
The Evaluation and Appraisal Report is the first step in the process for updating the
comprehensive plan. This overall review of the Comprehensive Plan affords an
opportunity to suggest changes or amendments that are needed to update the plan
including reformulated objectives, policies or standards. The last EAR was adopted by
the City Commission on July 9, 1996. The current EAR is scheduled to be transmitted
to the Florida Department of Community Affairs (DCA) for an initial review in August,
2006 and adopted by the City Commission in September, 2006.
In 1998, the legislature amended Chapter 163, Part 2 of the Florida Statutes to
incorporate new criteria for Evaluation and Appraisal Reports. Prior to 1998, the
requirements of the EAR were uniform. Every local government in the State of Florida
had similar Evaluation and Appraisal Reports in terms of contents. The effect of the
City of Delray Beach EAR
Chapter 1 - Page 1
October 17, 2006
1998 legislation was to allow each local government to evaluate only those major
issues that affect its ability to achieve its goals.
As required by Section 163.3191, F.S., the EAR document contains information
addressing the following:
(a) Population growth and changes in land area, including annexation.
(b) The extent of vacant and developable land.
(c) The financial feasibility of implementing the comprehensive plan and of providing
needed infrastructure to achieve and maintain adopted level-of-service standards
and sustain concurrency management systems through the capital improvements
element, as well as the ability to address infrastructure backlogs and meet the
demands of growth on public services and facilities.
(d) The location of existing development in relation to the location of development as
anticipated in the original plan.
(e) An identification of the major issues and, where pertinent, the potential social,
economic, and environmental impacts of these issues.
(f) Relevant changes to the state comprehensive plan, the requirements of this part,
the minimum criteria contained in chapter 9J-5, Florida Administrative Code, and
the appropriate strategic regional policy plan.
(g) An assessment of whether the plan objectives within each element, as they relate
to major issues, have been achieved, and whether unforeseen or unanticipated
changes in circumstances have resulted in problems or opportunities with respect
to major issues identified in each element.
(h) A brief assessment of successes and shortcomings related to each element of the
plan.
(i) Identification of any actions or corrective measures, including whether plan
amendments are anticipated to address the major issues identified and analyzed in
the report. Such identification shall include, as appropriate, new population
projections, new revised planning timeframes, a revised future conditions map or
map series, an updated capital improvements element, and any new and revised
goals, objectives, and policies for major issues identified within each element.
U) A summary of the public participation program and activities undertaken by the City
in preparing the report.
(k) An assessment of the success or failure of coordinating the future land use map
and associated planned residential development with public schools and their
capacities; and establishing appropriate population projections and planning and
siting of new schools jointly with the school board.
City of Delray Beach EAR
Chapter 1 - Page 2
October 17, 2006
(I) An assessment of the comprehensive plan with respect to the water management
district's regional water supply plan, including revisions of the potable water element
to include a work plan, covering at least a 10-year period, for building water supply
facilities to serve existing and projected development for which the City is
responsible.
(m) An evaluation of whether any past reduction in land use density within the coastal
high-hazard area impairs the property rights of current residents when
redevelopment occurs. The City will identify strategies to address redevelopment
and the rights of affected residents balanced against public safety considerations.
Organization of the EAR
The proposed Evaluation and Appraisal Report (EAR), addressing the City of Delray
Beach Comprehensive Plan, is divided into five (5) Chapters as follows:
Chapter 1 - Introduction
Chapter 2 - Community Assessment
Chapter 3 - Local Major Issues
Chapter 4 - Summary of Each Element
Chapter 5 - Recommendations
Chapter 1 contains the format of the EAR; and a description of the EAR process and
requirements, including the process for identifying the City's major issues and the public
participation process taken to prepare the EAR. It also contains a discussion of the
relevant changes to the State Comprehensive Plan, Chapter 163 F.S., the Florida
Statutes, the minimum criteria contained in Chapter 9J-5, Florida Administrative Code,
and the Treasure Coast Strategic Regional Policy Plan since the City's last EAR in
1996. Chapter 2 summarizes the changes that have occurred in the City since the last
EAR. Chapter 3 presents an evaluation of the nine (9) major issues identified by the
City of Delray Beach and agreed upon by DCA. Chapter 4 provides an assessment of
the ten (10) Elements in the City's Comprehensive Plan. Chapter 5 provides a summary
of conclusions and recommended revisions to the Comprehensive Plan.
Public Participation
The City began a recruitment program for public participation in the EAR process in
March, 2006. The City's adopted procedures call for the formation of citizen task teams
for the Housing, Open Space & Recreation, Public Facilities, Conservation and Coastal
Management elements of the comprehensive plan. A press release was issued; a
notice was posted on the City's web site; emails were sent to subscribers of City
newsletters and Board agendas; the Chamber of Commerce sent notices; and a notice
was included on the rear of water bills. The campaign resulted in nearly 100 people who
wished to participate in the process. An EAR kick-off meeting was held on April 24,
2006 to discuss the process with those interested in participating and to solicit
comments on the list of major issues. At its meeting of May 2, 2006, the City
Commission was scheduled to select approximately 40 members for the task teams.
However, due to the large number of volunteers, the City Commission decided to forgo
the use of small committees and instead create a series of community workshops
City of Delray Beach EAR
Chapter 1 - Page 3
October 17, 2006
where everyone could participate. Overall, five workshops were held in May and June to
discuss the Future Land Use, Transportation, Housing, Open Space and Recreation,
Public Facilities Coastal Management and Conservation Elements.
On July 24, a public hearing of the Planning & Zoning Board was held to discuss the
draft EAR and make a recommendation to the City. The City Commission held a public
hearing on August 1, 2006 to review and transmit the draft to the Department of
Community Affairs for initial comments prior to its scheduled adoption in September.
The public was also invited to participate at the City Commission public hearing in
September to adopt the EAR. The table below outlines the public hearings and
workshops that were involved in the preparation of the EAR.
Table 1
Public Participation Process
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Planning & Zoning Board Agenda posted and emailed to
April 18, 2005 identification of major issues subscribers; Agenda advertised on
City's website
Press release; notice posted on the
City's website; emails sent to
April 24, 2006 Ear Kick-off Meeting subscribers of City newsletters and
Board agendas; notice included on
rear of water bills.
Agenda posted and emailed to
May 2, 2006 City Commission Meeting on subscribers; Agenda advertised on
identification of major issues City's website; Emails/phone calls to
volunteers.
May 17, 2006 Press release; notice posted on the
May 31, 2006 City's website; emails sent to
June 3, 2006 Community Workshop Series subscribers of City newsletters and
Board agendas; notice included on
June 10, 2006 rear of water bills; Emails to
June 15, 2006 volunteers.
Planning & Zoning Board Public Agenda posted and emailed to
July 24, 2006 subscribers; Agenda advertised on
Hearing to review of draft EAR City's website
City Commission workshop to review Agenda posted and emailed to
August 1, 2006 subscribers; Agenda advertised on
draft EAR City's website
City Commission Adoption Public Agenda posted and emailed to
September 18, 2006 subscribers; Agenda advertised on
Hearing City's website
Identification of the Major Issues
City staff defined the major issues which were reviewed at a meeting of the Local
Planning Agency (Planning & Zoning Board) for its recommendation to the City
Commission. An EAR kick-off meeting was held on April 24, 2006 to encourage public
participation in the process. The major issues were discussed at this meeting and
additional issues were proposed for consideration by the City Commission. The list of
major issues was finalized and approved by the City Commission on May 2, 2006. A
Letter of Understanding was sent by the Department of Community Affairs to the City of
City of Delray Beach EAR
Chapter 1 - Page 4
October 17. 2006
Delray Beach on June 8, 2006, agreeing with the list of major issues and the scope of
work outlined by the City.
The City identified the following nine Major Issues:
1. The impact of current development trends, market demand and high property
values, along with the effectiveness of redevelopment policies, in achieving a
balanced mix of land uses capable of creating a sustainable downtown.
2. The impact of additional intensity and densities in the downtown area on existing
infrastructure (water, sewer, roads, etc) and services.
3. The effect development trends and the high demand for housing in Delray Beach
has on the availability of workforce housing.
4. The ability of the City to continue to increase the level of services through the
provision of new and enhanced programs which are desired by the community,
while controlling the need for additional staff and/or increased financial resources.
5. Availability of an adequate water supply for the future.
6. The effectiveness of existing transportation policies to decrease dependence on the
automobile and encourage the utilization or provision of alternative transportation
systems.
7. The effectiveness of existing policies to stabilize neighborhoods.
8. The impact of new development and redevelopment on green space in the
downtown area.
9. Determine whether existing regulations are adequate to control building mass in
areas of the city other than the downtown.
Changes in Growth Management Law
Chapter 163.3191 (2)(f) F. S. requires that the Evaluation and Appraisal Report contain
an evaluation and assessment of relevant changes to the State Comprehensive Pan
(Chapter 187.201, F.S.), Chapter 163, Florida Statutes, Rule 9J-5, Florida
Administrative Code, and the Treasure Coast Regional Planning Council's Strategic
Regional Policy Plan (Chapter 186, F .S.). This analysis was conducted utilizing all of
the changes that have occurred to these documents since 1996, when the City of
Delray Beach adopted its most recent EAR. When an inconsistency was identified,
such as a requirement not currently addressed in the City's Comprehensive Plan, the
appropriate element is identified for update.
Chapter 163. F.S. Part II, of Chapter 163, F.S., governs county and municipal planning
and land development regulations. Section 163.3164, F.S., otherwise known as the
Local Government Comprehensive Planning and Land Development Regulation Act,
regulates local comprehensive planning in the State of Florida.
Rule 9)-5 F.A.C. Rule 9J-5, F.A.C., establishes the minimum criteria for the
preparation, review and determination of compliance of the comprehensive plans and
City of Delray Beach EAR
Chapter 1 - Page 5
October 17. 2006
plan amendments pursuant to the Local Government Comprehensive Planning and
Land Development Regulation Act, Chapter 163, F.S
An analysis of all the changes made to Chapter 163, F.S. and Rule 9J-5, F.A.C. since
the time of adoption of the City's previous EAR in 1996 are provided as tables in
Appendix "A" of this report. The changes are summarized by year and include the
corresponding citations. The tables, which provide a determination of consistency with
the City's Comprehensive Plan, indicate which of the new citations have already been
addressed in the Comprehensive Plan, which will require future plan amendments and
which are not applicable to the City of Delray Beach.
State Comprehensive Plan. The State Comprehensive Plan was amended in 1999 to
include policies related to urban policy. Goal 16, originally titled "Downtown
Revitalization" was re-titled "Urban and Downtown Revitalization" and amended to read
as follows: "In recognition of the importance of Florida's vital urban centers and of the
need to develop and redevelop downtowns to the state's ability to use existing
infrastructure and to accommodate growth in an orderly, efficient, and environmentally
acceptable manner, Florida shall encourage the centralization of commercial,
governmental, retail, residential, and cultural activities within downtown areas." Seven
additional policies, numbers 4 through 12, were added to the goal:
4. Promote and encourage communities to engage in a redesign step to include
public participation of members of the community in envisioning redevelopment
goals and design of the community core before redevelopment.
5. Ensure that local governments have adequate flexibility to determine and
address their urban priorities within the state urban policy.
6. Enhance the linkages between land use, water use, and transportation planning
in state, regional, and local plans for current and future designated urban areas.
7. Develop concurrency requirements that do not compromise public health and
safety for urban areas that promote redevelopment efforts.
8. Promote processes for the state, general purpose local governments, school
boards, and local community colleges to coordinate and cooperate regarding
education facilities in urban areas, including planning functions, the development
of joint facilities and the reuse of existing buildings.
9. Encourage the development of mass transit systems for urban centers, including
multimodal transportation feeder systems, as a priority of local, metropolitan,
regional and state transportation planning.
10. Locate appropriate public facilities within urban centers to demonstrate public
commitment to the centers and to encourage the private sector development.
City of Delray Beach EAR
Chapter 1 - Page 6
October 17. 2006
11.lntegrate state programs that have been developed to promote economic
development and neighborhood revitalization through incentives to promote the
development of designated urban infill areas.
12. Promote infill development and redevelopment as an important mechanism to
revitalize and sustain urban centers.
Treasure Coast Reqional Policv Plan. Chapter 186, F.S. governs the adoption and
revision of the Strategic Regional Policy Plans (SRPP) by Regional Planning Councils.
Based on the 1996 Evaluation and Appraisal Report, the City of Delray Beach
Comprehensive Plan remains consistent with the Treasure Coast Strategic Regional
Policy Plan (TCSRPP), which was adopted on December 15, 1995 and was reviewed
during the TCRPC EAR process in 2000. After final adoption of the TCSRPP update in
2007, the City will evaluate the consistency of the Comprehensive Plan and address
inconsistencies in the City's EAR-based amendments.
City of Delray Beach EAR
Chapter 1 - Page 7
October 17, 2006
CHAPTER 2
Community Assessment
COMMUNITY ASSESSMENT
Background
Delray Beach is a thriving South Florida coastal community that has grown and
prospered for more than 100 years. Located in the southern end of Palm Beach
County, Delray Beach was settled as an agricultural community in 1895. By 1920,
Delray had had evolved from a small farming community to a developing residential
area with a thriving downtown business district. First incorporated in 1911, it became
the City of Delray Beach on May 11, 1927. The City has experienced substantial growth
from 1,015 people in 1920 to 64,000 people today. The City is bordered on the north by
the City of Boynton Beach and the Town of Gulfstream, on the south by the City of
Boca Raton and the Town of Highland Beach; on the west by unincorporated Palm
Beach; and on the east by the Atlantic Ocean.
The Planning Area
The Charter for the City of Delray Beach established the "Greater Delray Beach Area".
That area exceeded the municipal boundaries and provided that the City could annex
properties within it (i.e. a "reserve annexation area"). Since the Charter was adopted,
the City has enacted numerous annexations. Through 1987, these annexations had
mostly been voluntary and were usually associated with proposed development seeking
municipally provided services (water, sewer, fire, police, street maintenance). That
annexation process led to the creation of numerous County islands or "enclaves".
Following enactment of special legislation entitled the "Delray Beach Enclave
Annexation Act", the City in 1988 unilaterally annexed approximately 1,300 parcels
located within 68 enclaves which comprised 834 acres and a population of
approximately 3,100 individuals.
Upon adoption of the 1989 Comprehensive Plan, the City's "reserve annexation area"
was replaced by the boundaries of its "Official Planning Area". The Official Planning
Area is the area for which most calculations and projections in the Comprehensive Plan
are predicated upon. It is also the area which is projected to be the ultimate
incorporated area for the City of Delray Beach. The actual limits of the Planning Area
are shown on Map 1. The City may provide a full or limited range of municipal services
to the unincorporated portion of the Planning Area, before annexation. The City also
provides limited services to adjacent municipalities, which are not in the Planning Area,
including water, fire protection/emergency services, and limited sewer services to the
Town of Gulf Stream and the Town of Highland Beach, all on a contract basis.
City of Delray Beach EAR
Chapter 2 - Page 8
October 17. 2006
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Changes in land Area
At the time of adoption of the 1996 Evaluation and Appraisal Report, The City of Delray
Beach consisted of approximately 15.1 square miles, with a total planning area of 16.5
square miles. Since 1996, the City has processed 20 annexations including
approximately 202 acres of land, thereby increasing the incorporated area to 15.4
square miles. The current City boundaries are depicted on Map 1. The following table
provides a list of these annexations.
Table 2
Annexations
DATE DESCRIPTION
ANNEXED
09-17-96 Carusillo and Evans Property
A 3.76 acre parcel located on the west side of Military Trail, approximately 1,400 feet
south of Atlantic Avenue.
11-19-96 Rosacker Property
A 5.32 acre parcel of land located on the west side of Gallagher Road, at the
intersection of GallaQher Road and Bradv Boulevard.
6-16-98 Carusillo/Evans North Parcel
A 4.19 acre parcel located on the west side of Military Trail, approximately 700 feet
south of Atlantic Avenue.
10-20-98 Palm Gardens at Delray
A 8.68 acre parcel located approximately 280 feet south of West Atlantic Avenue
between Militarv Trail and Markland Lane.
1-05-99 Boca Delray Animal Hospital
A 0.172 acre parcel located on the north side of Jefferson Road, approximately 100'
east of Militarv Trail and 600' south of Atlantic Avenue.
8-15-00 Delray Professional Office Center
A 1.30 acre parcel located on the north side of West Atlantic Avenue, approximately
1,600 feet east of Barwick Road, between the Villas D'Este and Windy Creek
Subdivisions.
12-05-00 Palm Court Plaza
A 14.19 acre parcel located at the southwest corner of Linton Boulevard and Military
Trail.
3-20-01 Priest Property
A 1.01 acre parcel at the northwest corner of Barwick Road and L-31 Canal.
10-02-01 Fanelli Property
2.65 acres located on the east side of Military Trail, Approximately 2,300 feet north of
Atlantic Avenue, immediately east of the Boys Farmer's Market.
1-08-02 Mason Property
A 0.88 acre parcel located on the west side of Barwick Road, approximately 500 feet
south of Sabal Lakes Road.
8-06-02 Barwick Area Parcels
54.5 acres located south of the L-30 Canal between Barwick Road and Militarv Trail.
8-06-02 Winterplace PUD
A 34.6 acre parcel located at the southeast corner of the L-30 Canal and Military
Trail.
8-20-02 Koeser Residence
A 0.88 acre parcel located on the west side of Barwick Road, approximately 260 feet
north of the L-31 canal (13341 Barwick Road).
12-06-04 Tire Kingdom
A 0.99 acre parcel located at 5005 Conklin Drive (northwest corner of Military Trail
and Conklin Drive).
City of Delray Beach EAR
Chapter 2 - Page 10
October 17, 2006
DATE DESCRIPTION
ANNEXED
1-18-05 Gramercy Square
A 5.82 acre parcel located 260 feet west of Military Trail and 710 feet south of West
Atlantic Avenue.
4-19-05 Country Club Acres
A 18.06 acre subdivision located on the east side of Military Trail, 160' south of
Atlantic Avenue.
9-20-05 Delray Medical Center
A 30.74 acre parcel located on the south side of Linton Boulevard, approximately
1,240 feet west of Militarv Trail.
9-6-05 Watkins Motor Lines Truck Terminal
Valero Gas Station
Public Self Storage Facility
9.13 acres located on the west side of Military Trail, approximately 1,400' south of
Lake Ida Road.
9-20-05 Gramercy Square II
A 4.85 acre parcel located on the west side of Military Trail, approximately 710 feet
south of Atlantic Avenue.
Population Growth
Based on the population projections included in the last EAR, the 1996 population of
the City of Delray Beach was comprised of 54,508 permanent residents and the 2005
projected population was 59,103 permanent residents. As shown Table 3 below, the
population projections made in the 1996 EAR were substantially lower than the
corresponding 2000 Census figure and subsequent BEBR estimates. Given the large
adjustment in 2000, it's obvious that the population had been growing at a much higher
rate than estimated since the prior Census in 1990, thereby skewing the projections
downward.
Table 3
1996 EAR Population Projections vs. 2000 Census and BEBR Estimates
Year 1996 EAR Census/BEBR Difference % Difference
1996 54,508
2000 56,550 60,020 3,470 +6.1%
2001 57,060 60,645 3,585 +6.28%
2002 57,571 61,527 3,956 +6.87%
2003 58,081 62,578 4,497 +7.74%
2004 58,592 63,439 4,847 +8.27%
2005 59,109 63,888 4,779 +8.09%
As indicated in Table 4, the current estimated population of the City of Delray Beach is
63,888. The City's population is expected to increase by 7.7% to 68,829 by the year
2010 and by 15.4% to 73,736 by the year 2015.
City of Delray Beach EAR
Chapter 2 - Page 11
October 17, 2006
Table 4
Population Projections
Year Permanent
Population
1996 54,508
2000 60,020
2005 63,888
2010 68,829
2015 73,736
Location of Existing Development
As the distribution of land uses indicates (Map 2 and Table 5), the City is primarily
residential in nature, with a moderate amount of commercial land. Residential and
vacant land is found throughout the Planning Area, both east and west of 1-95.
Commercial uses are mainly clustered in commercial "corridors", located along major
roadways, such as Federal Highway and Linton Boulevard. The small amount of
industrial land is primarily located adjacent to 1-95, on either side.
Table 5
Existing Land Use Inventory
1996 vs. 2006
1996 2006
LAND USE ACRES PERCENT ACRES PERCENT
RESIDENTIAL 5,919 58.2% 6,826 67.2%
COMMERCIAL 987 9.7% 1,016 10%
INDUSTRIAL 362 3.6% 411 4%
VACANT & AGRICULTURE 1,141 11.2% 96 0.9%
RECREATION. OPEN SPACE.
AND CONSERVATION 1,311 12.9% 1,321 13%
EDUCATION AND
PUBLIC FACILITIES 443 4.4% 492 4.8%
TOTALS 10,162 100% 10,162 100%
*
The above table provides a breakdown of existing land uses for the City and remaining Planning
Area. These figures exclude the right-of-way for 1-95, arterial roadways, and the surface area for
Lake Ida and the Intracoastal Waterway.
A substantial amount of development has occurred in the Delray Beach Planning Area
since adoption of the 1996 Comprehensive Plan. With over 99.1 % of the total land area
now developed, the city is nearly completely built out in terms of land area. In addition
to the development of vacant parcels throughout the City, there was a substantial
amount of redevelopment during this period in the downtown area.
City of Delray Beach EAR
Chapter 2 - Page 12
October 17, 2006
COMPREHENSIVE PLAN
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The success of the City's efforts to revitalize the downtown and policies to create a
sustainable downtown resulted in a significant number of residential units being
constructed in mixed-use and free standing residential developments in the downtown
area. With the exception of Atlantic High School, which was relocated west of 1-95 on
residential property, development has generally occurred where it was anticipated.
Vacant land Analysis
Of the remaining 106 acres of vacant land in the Planning Area (as shown on Map 3),
only 30 acres is available in Residential land use categories, in aggregated tracts of 1
acre or more. It is noted, however, that there are lots available for infill residential
development (on tracts of less than 1 acre). With residential development also possible
within the Commercial and Transitional land use categories, there is an overall potential
of 552 additional residential units. In addition, to this potential for residential
development, there are approximately 5.6 acres available for commercial development,
and another 34 acres are suitable for commerce (all in aggregated tracts of one acre or
more). Table 6, below provides a complete breakdown of the vacant property by land
use category. None of the above mentioned available vacant land is identified as having
any soils, topographic, or historic constraints, which would preclude development.
Table 6
Vacant Land Analysis
LAND USE CATEGORY ACRES PERCENT
RESIDENTIAL 29.8 28.1 %
COMMERCIAL 5.6 5.3%
COMMERCE 34.3 32.4%
INDUSTRIAL 1 1 .4 1 0.8%
COMMUNITY. FACILITIES 1 .0 0.9%
TRANSITIONAL 22.6 21 .3%
OPEN SPACE 1 .3 1 .2%
TOTALS 106 100%
Redevelopment in the Coastal High Hazard Area
The State defines Coastal High Hazard Areas (CHHA) in 9J-5.003(17) as: "the
evacuation zone for a Category 1 hurricane as established in the regional hurricane
evacuation study applicable to the local government." For the City of Delray Beach, this
study is the Florida Hurricane Evacuation Study for the Treasure Coast (Post, Buckley,
Shuh & Jernigan, 1993). The western limits of the area are generalized in Map 4. The
site-specific limits of the coastal high-hazard area are based on vertical ground
elevations below 6.3 NGVD. Therefore, significant portions of the area mapped in Map
#27 are not, technically, in the Coastal High Hazard Area due to property elevation. The
actual evacuation area in Delray Beach consists of the entire barrier island, together
with mobile home parks, as directed by the Palm Beach County Division of Emergency
Management. These areas are evacuated more because they can be isolated from
emergency services than the threat of flooding.
City of Delray Beach EAR
Chapter 2 - Page 14
October 17, 2006
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- GENERALIZED LIMITS -
MAP #4
LEGEND:
GENERALIZED LIMITS OF THE
COASTAL HIGH HAZARD AREA
PLANNING AREA
(ULTIMATE CITY BOUNDARY)
SOURCE: FLORIDA HURRICANE SURGE ATLAS,
TREASURE COAST JURISDICTION OF
PALM BEACH COUNTY, NOVEMBER 1993.
(U.S. ARMY CORPS OF ENGINEERS,
JACKSONVILLE DISTRICT)
NOTE: INFORMATION ON THIS MAP IS A
GENERALIZED REPRESENTATION OF A
CATEGORY 1 HURRICANE SURGE LIMIT.
PLEASE CONSULT THE SOURCE ATLAS
FOR THE PRECISE LIMIT.
&
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GRAPHIC SCALE
CITY OF DELRAY BEACH, FLORIDA
PLANNING & ZONING DEPARTMENT
AUGUST 2006
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TOWN OF
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CI TY OF
BOCA RA TON
The CHHA is comprised of several future land use map designations, including Low
Density Residential, Medium Density Residential, Commercial Core, General
Commercial, and Community Facilities. Maximum residential density within the CHHA is
12 units per acre. Since the time of adoption of the Comprehensive Plan, as amended
in 1996, the City has not decreased residential density for any properties in the CHHA.
Therefore, the property rights of residents in the CHHA have not been impaired. The
City has permitted redevelopment to occur in the CHHA consistent with adopted future
land use designations.
The Coastal Management Element of the City's Comprehensive Plan currently contains
the following objective and policies that address development and redevelopment within
the Coastal High Hazard Area:
Objective C-3: The development of vacant and under-developed land on the barrier
island shall occur in a manner which does not change the character, intensity of use, or
demand upon existing infrastructure in the Coastal Planning Area.
Policy C-3.4: Development in the Coastal Planning Area shall be subject to the same
findings of concurrency as is required for other development in the City and shall
additionally include a finding that such development is consistent with the densities
proposed by the Future Land Use Element, except as provided in Policy C-3.5, and is
consistent with coastal resource protection and safe evacuation programs.
Policy C-3.5: Whenever a residential, hotel, motel, or resort dwelling unit structure is
destroyed to an extent of greater than 50% of its value by disaster, the structure may be
rebuilt to pre-disaster densities and heights if permit applications are submitted within
one year following the disaster. Current fire and building codes shall be met; current
parking, building setbacks, and landscape requirements shall be complied with as
closely as possible. For purposes of this policy, disaster means any non-self imposed
catastrophic damage including, but not limited to, fire, flood and storm.
Policy 0-3.3: Whenever a structure is damaged to an extent of greater than 50% of its
value, it shall not be reconstructed unless such reconstruction complies with the
requirements of the zoning district which applied to the property, except as provided in
Policy C-3.5, and with the policies of the Coastal Management Element of the
Comprehensive Plan.
Post disaster redevelopment will replicate the existing land use pattern and character in
the Coastal Planning Area. The Coastal Planning Area will remain primarily residential
with a high level of public access to the beach. Commercial uses are restricted to the
area along Atlantic Avenue and its intersection with SR A1A. Except as provided in the
one-year grace period for the post-disaster reconstruction of residential, hotel, motel, or
resort dwelling unit structures, all redevelopment will be required to conform to existing
criteria as described in the Land Development Regulations. Since the City of Delray
Beach has policies in place that adequately address the property rights of residents
balanced with public safety considerations, no comprehensive plan amendments are
necessary to address this issue.
City of Delray Beach EAR
Chapter 2 - Page 17
October 17. 2006
Public School Concurrency
Local governments are required to comply with new school planning and coordination
requirements. Palm Beach County, the School Board of Palm Beach County and the 26
participating municipalities, which include the City of Delray Beach, are exempt due to
the implementation of school concurrency in Palm Beach County beginning in 2002.
Countywide school concurrency will ensure that school capacity at the adopted level of
service (LOS) standard is available at the time of impact of new residential
development. Palm Beach County was the first jurisdiction in the State of Florida to
successfully implement this process. School concurrency in Palm Beach County
became effective in June of 2004. A summary of successes related to public schools
and planning is described in Chapter 4, the Analysis of the Public School Facilities
Element.
Water Supply Planning
Legislation passed by the State in 2002 requires local governments to prepare a 10-
year Water Supply Facilities Work Plan. In 2005, the required date for adoption of the
Work Plan was changed from December 1, 2006 to within 18 months after the
governing board approves an updated regional water supply plan. The update of the
Lower East Coast Water Supply Plan, being prepared by South Florida Water
Management District, is not yet approved. The City will adopt a work plan within the
required time frame.
Begun last year, the initial phases of the Delray Beach Reclaimed Water Project is
complete, providing irrigation at the Delray Beach Golf Club, Lake View Course and
Hamlet Golf Courses. It is now being extended to the Del-Aire Golf Course. Commercial
development and homeowners associations with master irrigation systems along the
transmission lines are also being connected to the system. Due to their high demand,
golf courses have their own well systems for irrigation. Therefore, the switch to
reclaimed water does not reduce the demand for potable water. It does, however
reduce the overall withdraw from the shallow aquifer. Since this aquifer is a primary
source of fresh water in the region, the overall demand on the system is reduced and
the additional capacity can be use elsewhere. The use of reclaimed water for
commercial and residential properties that currently use potable water will result in an
overall reduction in demand. Making this service available throughout the City is a long
term project which is dependant on the availability of funding. However, when it is
completed, it is expected to significantly reduce the demand for potable water. In
addition to the conservation of potable water supplies, utilizing reclaimed water for
irrigation will ultimately save residents and businesses money by diminishing their use
of potable water for irrigation and other non-potable uses.
City of Delray Beach EAR
Chapter 2 - Page 18
October 17. 2006
CHAPTER 3
Local Major Issues
LOCAL MAJOR ISSUES
Issue #1
The impact of current development trends, market demand and high property values,
along with the effectiveness of redevelopment policies, in achieving a balanced mix of
land uses capable of creating a sustainable downtown.
Analysis
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. Through the City's efforts to promote and encourage
housing downtown, and the overall success of the revitalization, the downtown area has
become a major attraction for redevelopment of older, obsolete commercial structures
with new residential and mixed use developments. The size of development projects
has gone from one or two lots to complete blocks. However, even though this is a step
in the right direction, additional housing is still necessary to create a sustainable
downtown.
Until recently, with the downturn in the housing market, the primary downtown market
demand was for residential units. Escalating property values and construction costs
resulted in the need for higher intensities and densities to make projects economically
feasible. The high demand for housing has resulted in the net loss of commercial
space. Although mixed-use development projects have been approved, the residential
component in these projects far outweighs the commercial component. The "Downtown
Master Plan" and the "2004 Patron Profile, Cluster Analysis and Retail Development
Strategy Update" both support the need for additional downtown commercial
development. It is recommended that new policies be adopted to encourage the
development of a balanced downtown. These could include such items as a restriction
of residential development on the ground floor on major retail streets; and reduced
parking requirements for balanced mixed-use developments.
Another factor in the creation of a sustainable downtown is the location and mix of
commercial uses. The aforementioned Cluster Analysis identifies the appropriate mix
for each of the City's eight downtown clusters. Currently, all of the allowed uses within
the central business district are permitted throughout the district. With market demand
as the only force on what use goes where, a less than perfect situation as it relates the
mix of uses has occurred. It is recommended that new policies be adopted to
encourage the appropriate mix and location of commercial uses downtown. These
could include such items as the restriction of uses on the ground floor that interrupt
pedestrian flow; setting caps for individual uses in each cluster; and amending the
permitted uses within the district based on cluster.
City of Delray Beach EAR
Chapter 3 - Page 19
October 17, 2006
Issue #2
The impact of additional intensity and densities in the downtown area on existing
infrastructure (water, sewer, roads, etc) and services.
Analysis
This was identified as a potential concern early on in the redevelopment of downtown.
The City has implemented water, sewer and drainage upgrade programs which receive
annual CIP allocations. The emphasis has been placed on where deficiencies have
existed downtown and concerns over this issue have correspondingly diminished. In
terms of the impact on downtown roadways, the City first accepted a lower level of
service along Atlantic Avenue in the late 1980's, when it resisted the efforts of the
Florida Department of Transportation (FOOT) to widen the road from two to four lanes.
With the establishment of the TCEA (Traffic Concurrency Exception Area), which
encompasses the CBD, CBD-RC, and OSSHAD zoning districts, in 1995, it was again
acknowledged that the roadways within the downtown area would experience increased
congestion and operate at a lower level of service than allowed elsewhere in the City.
The TCEA report projects a reduced LOS for several roadways within the TCEA
including LOS "E" for Atlantic Avenue between Swinton Avenue and US-1 and LOS "F"
for Swinton Avenue between Atlantic Avenue and Lake Ida Road. The intensification of
development within the area covered by the TCEA was contemplated and factored into
these projected levels of service.
Concurrency findings are required for all new projects during the site plan review
process and impacts on infrastructure are addressed prior to approval. Overall, as
additional densities and intensities are introduced through redevelopment of the
downtown, the City should continue to monitor this and direct appropriate resources to
meet any needs.
City of Delray Beach EAR
Chapter 3 - Page 20
October 17. 2006
Issue #3
The effect development trends and the high demand for housing in Delray Beach has
on the availability of workforce housing.
Analysis
A housing needs study for Palm Beach County, prepared by Warner Real Estate
Advisors, Inc., indicates that median home prices have increased drastically in the last
five years. As shown in Table 7, during this 5-year time period, the median price of new
homes increased by 102% and used homes increased by 139%. During that same
period of time the land available for residential development was reduced by 6%. That
is, the eastern County was 80% built out in 2000 and by 2005 the eastern County was
nearly 86% built out. The Study indicates that as we approach the assumed maximum
of 702,000 homes in eastern Palm Beach County, the price should escalate sharply.
Table 7
Median Housing Prices
Horne Type
New Home
Both
SF
Condo
$187,200
$188,311
$125,000
$191,285
$191,980
$153,700
$219,268
$219,303
$210,606
$264,647
$267,800
$206,795
$291,553
$319,490
$219,700
$321,194
$381,157
$229,900
$133,994
$192,846
$104,900
72%
102%
84%
Used Home
Both $118,000 $125,140 $143,641 $169,900 $218,000 $300,000 $182,000 154%
SF $138,000 $149,500 $170,000 $200,000 $255,980 $329,900 $191,900 139%
Condo $70,000 $74,500 $85,900 $108,000 $149,900 $205,000 $135,000 193%
Source: Housing Needs Study Palm Beach County Florida, Apri/15, 2006, Warner Real Estate Advisors, Inc.
As shown in Table 8, below, between 2005 and 2010, nearly 71 % of owner-occupied
units and 100% of rental units will be needed for very low to moderate income families.
Between 2010 and 2015, the need for affordable units drops to 62% of owner-occupied
units and 77% of rental units.
Table 8
Forecast Need For Affordable Housing
Income Level
Very Low 435 24.7% 398 21.6% 441 74.7% 422 40.5%
Low 378 21.4% 344 18.7% 149 25.3% 193 18.5%
Moderate 435 24.7% 398 21.6% 0 0% 189 18.1%
Above Moderate 516 29.3% 701 38.1% Q 0% 239 22.9%
TOTALS 1,764 100% 1,841 100% 590 100% 1,043 100%
Source: Reinhold P. Wolff Economic Research, Inc., 2006
City of Delray Beach EAR
Chapter 3 - Page 21
October 17, 2006
This need has required the City to be proactive and approach this issue from multiple
fronts. First, a workforce housing ordinance, which allows additional market rate bonus
units in exchange for the creation of workforce housing units, has been enacted. This
ordinance is continually being modified to add areas subject to the ordinance and other
modifications to increase its attractiveness and effectiveness. Recent changes include
the requirement for workforce units to be constructed in downtown projects with a
conditional use for increased height or densities; and the minimum lot width required for
the development of nonconforming lots of record has been reduced when workforce
units are constructed. Secondly, the City's CRA (Community Redevelopment Agency) is
actively aggregating land for the construction of workforce units, particularly in the
southwest neighborhood redevelopment area. A community land trust has recently
been established by the City and the CRA as an outgrowth of a process began in 2000
to create the City of Delray Beach's Downtown master plan. The master plan
emphasized the connection between downtown and the surrounding residential
neighborhoods. The master plan's housing goals emphasized the City's commitment to
a diversity of housing stock and the provision of affordable housing in neighborhoods
throughout the community by emphasizing development without displacement. The
creation of the land trust was a key recommendation of the SW Neighborhood
Redevelopment Plan, adopted by the City Commission in 2003.
While four new developments in the city have been recently approved with workforce
housing components, many more are needed. The workforce housing ordinance
includes density bonuses for the development of workforce housing in most of the RM
(Multi-Family Residential Medium Density) zoned property in the eastern part of the
City. Flexibility has been built into the Ordinance to allow developers to chose what will
work best for them. Although monetary contributions to the Community Land Trust, and
the offsite development of workforce units are available options under the City's
workforce housing ordinance, the emphasis is on the integration of workforce units into
market rate developments. This has been accomplished at three of the four approved
projects, CODA development, Village Parc and Banyan Village. The fourth
development, 10th Street Townhomes is a CRA redevelopment project in the southwest
Neighborhood. All of the townhomes are workforce units.
The City is currently expanding the workforce program to include a Future Land Use
designation in the congress Avenue corridor. This mixed use district will consist of
Commercial, Office and Residential uses. To encourage residential development,
higher densities will be permitted, between 40 and 50 units per acre. Twenty percent of
the residential units must be workforce units. Continued commitment to the provision of
workforce housing will be emphasized with the EAR based amendment.
City of Delray Beach EAR
Chapter 3 - Page 22
October 17, 2006
Issue #4
The ability of the City to continue to increase the level of services through the provision
of new and enhanced programs which are desired by the community, while controlling
the need for additional staff and/or increased financial resources.
Analysis
Since the last Evaluation and Appraisal Report, the City has continued to place a high
value on the provision of exemplary service to its residents and this is something that
the residents of Delray Beach have come to expect. While many programs have been
enhanced and new programs have been initiated, the City's millage rate has remained
about the same. Increased costs have been accommodated through double digit
increases in property values. If property values stop increasing at the current rate, there
will be a need for alternative funding sources to maintain level of services. The overall
financial feasibility of the Comprehensive Plan will be addressed with the EAR based
amendment.
City of Delray Beach EAR
Chapter 3 - Page 23
October 17, 2006
Issue #5
Availability of an adequate water supply for the future.
Analysis
Water treatment is provided by the City of Delray Beach at the Water Treatment Plant.
The geographic service area coincides with the Planning Area plus service provided to
the Town of Gulf Stream through contract as a bulk customer. The service area
encompasses approximately 18 square miles. The treatment plant was constructed in
1972, with a programmed life of 50 years (2022). Adequate capacity is available for the
projected population growth beyond the 10 year planning period. A capacity study
update will be prepared in FY06/07 to update the capacity analysis for the City system.
A 10-year Water Supply Facilities Work Plan will be adopted by the City within 18
months after the governing board approves an updated regional water supply plan
being prepare by the South Florida Water Management District.
City of Delray Beach EAR
Chapter 3 - Page 24
October 17, 2006
Issue #6
The effectiveness of existing transportation policies to decrease dependence on the
automobile and encourage the utilization or provision of alternative transportation
systems.
Analysis
The current plan's objectives have been effective in increasing awareness of alternative
modes of traffic and the City continues to initiate activities identified in related policies.
A good example is the City's Shuttle service due to start in the upcoming months.
Additional expansion is being explored at this time to provide early morning and
evening service, allowing opportunities for employees to commute to work downtown.
Improvements to sidewalks and the provision of bicycle facilities, Le. bike racks, with
downtown development are being implemented. Bicycle lanes or 14 foot curb lanes are
proposed with recently approved road projects, including a compromise reached in the
resurfacing of A 1 A. The City has recently installed bus shelters at many stops
throughout the City and the need for dedication of land for new shelters is considered
during the site plan review process. The city is moving toward a centralized garage
system in the downtown area. These garages will be appropriately placed to allow
visitors to park once and shop, instead of moving their vehicle from site to site.
Linkages to the garage system to the new shuttle route and bus stops are being
considered.
During the public hearing process there was emphasis placed on continued
improvement in safety and a desire to continue and enhance the promotion of
alternative modes of transportation. One way to accomplish this is to encourage people
to walk. Street trees and awnings or other architectural elements for shade and rain
protection, benches to rest and security conscious street lighting should be provided
where appropriate for all new development projects. The City is also participating in the
South Florida East Coast Corridor Study and is trying to get stop in Delray Beach. The
railroad parking lot, north of East Atlantic Avenue would be appropriate for this stop and
has adequate area to support the construction of a parking structure. It is
recommended that this lot be so designated with the EAR based amendments.
City of Delray Beach EAR
Chapter 3 - Page 25
October 17, 2006
Issue #7
The effectiveness of existing policies to stabilize neighborhoods.
Analysis
The existing policies have been very effective at stabilizing neighborhoods. A review of
neighborhood categorizations has been completed and it is noted that most
neighborhoods have been upgraded and the Redevelopment Category has been
eliminated. The revised Residential Neighborhood Categorization Map should adopted
as part of the EAR based amendments.
City of Delray Beach EAR
Chapter 3 - Page 26
October 17, 2006
COMPREHENSIVE PLAN
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MAP #5
LEGEND:
STB - STABLE
STBLZ - STABILIZATION
RVZ - REVITALIZATION
RHB - REHABILITATION
CIlY OF DELRAY BEACH, FLORIDA
PLANNING & ZONING DEPARTMENT
AUGUST 2006
Issue #8
The impact of new development and redevelopment on green space in the downtown
area.
Analysis
With recent downtown development, concerns over diminished green spaces within
developments have surfaced. The land development regulations for the downtown area
have minimal requirements (0-10% minimum) for green/open space. These
requirements are consistent with dense urban development appropriate for a downtown
area. That said, green space contributes to the quality of life for urban dwellers and
common green spaces can provide that need. The city is in the process of creating an
urban park just east of Old School Square to provide this opportunity. Additional
opportunities should be explored and policies to that effect should be added during the
EAR based amendments.
City of Delray Beach EAR
Chapter 3 - Page 28
October 17. 2006
Issue #9
Determine whether existing regulations are adequate to control building mass in areas
of the city other than the downtown.
Analysis
Current design guidelines require mandatory upper floor offsets to control the mass and
scale of downtown buildings. These types of controls are appropriate in the downtown
areas to offset decreased setbacks which push buildings very close to the street. In the
balance of the City, more suburban setbacks apply to commercial and office districts.
These increased setbacks mitigate scale and mass in areas outside the downtown
area. The North Federal Highway area is different in this respect. Like the downtown
area, setbacks have been reduced to place buildings closer to the streets and
encourage parking to be placed in the rear. Design guidelines would be appropriate in
this area. It is recommended that a policy be added to develop guidelines for this area.
With the enactment of innovative zoning initiatives to encourage mixed use
development in the Congress Avenue corridor and the Four Corners Area at Military
Trail and West Atlantic Avenue, overlay districts or form based codes with additional
design criteria may be appropriate. A policy to evaluate the need for these measures
should be added during the EAR based amendments.
City of Delray Beach EAR
Chapter 3 - Page 29
October 17,2006
CHAPTER 4
Element Summaries
ELEMENT SUMMARIES
Future land Use Element
Element Overview:
The purpose of the Future Land Use Element is to delineate the City of Delray Beach's
vision of how the community will be developed, redeveloped, and maintained. The
Element establishes appropriate land use categories and anticipated intensities and
densities city-wide. The Element also provides an inventory of land uses, vacant lands,
well fields, special flood areas, nature areas, historic areas, and other land
development activities. The Element identifies the City's alternate planning area and the
desired land use categories and population projections associated with ultimate
development.
There are four broad goals to guide planning and development activities within the City.
These include the appropriate development and redevelopment of land, the appropriate
provisions of services, redevelopment and renewal of blighted areas, and continued
cooperation with the School District and enhancement of schools within the City limits.
The goal relating to appropriate development and redevelopment is to be achieved by
maintaining appropriate land use intensities, eliminating inconsistent uses, retention of
open space and natural areas, encouraging historic preservation, and reevaluating and
consistently updating development regulations. Additional innovative techniques are to
be applied to address evolving issues like workforce housing. Provision of services is
achieved through appropriate accommodation of the impacts created by new
development either as requirements of development approval or improvements funded
through the City's Capital Improvement Program. Redevelopment and renewal of
blighted areas is achieved through the adoption and implementation of redevelopment
plans, provision of economic development activities (cultural arts initiatives, expansion
of Old School Square, etc.) and continued revitalization activities.
Continued cooperation and enhancement of schools is achieved by supporting policies
of the school board which encourage appropriate diversity, neighborhood enhancing
activities, appropriate placement of school facilities, and providing opportunities for
enhanced student achievement.
Element Assessment:
The objectives of the Future Land Use Element have either been achieved or are being
achieved. Changes that are affecting this element include continuing pressure to control
growth. Issues around appropriate intensities and densities have become more
prevalent with increased urbanization of the downtown area. However, all of this
development has occurred consistent with the adopted Downtown Master Plan. While
these concerns do not appear to be shared by the majority of the community, they are
the concern of a vocal portion of the community. The City Commission has responded
to legitimate concerns over compatibility, particularly to the development at the borders
City of Delray Beach EAR
Chapter 4 - Page 30
October 17,2006
of the Downtown, by adopting additional regulations requiring development intensity
reduction and appropriate transitional treatments. Further, protecting the character of
existing historic resources and districts have become a concern as the tear down and
rebuilding of massive homes in the historic districts has escalated. The City has
responded with a temporary moratorium and undertaken the creation of historic district
guidelines to assure development or redevelopment is consistent with the prevailing
character of the districts.
Redevelopment and renewal has continued through creation and implementation of
redevelopment plans called for in the Comprehensive Plan. In addition, other initiatives
have been implemented, including the formation of STTs (Strategic Task Teams), to
plan and implement improvements to certain targeted neighborhoods. Given the
successes of these type of programs and implementation of redevelopment plans,
changes to both the Future Land Use and Housing Element to eliminate the
Redevelopment designations and shift the emphasis to revitalization and rehabilitation
activities will dominate the EAR changes.
As noted, the emphasis on Historic Preservation will continue and additional policies will
need to be added to address increased development pressures in each of the districts.
These policies will incorporate any recommendations that come out of the current
development of Historic Preservation guidelines. Objectives, which relate to modifying
the LDRs are, and will continue to be, utilized to apply reasonable and appropriate
controls on growth, particularly as they relate to compatible and harmonious
development and redevelopment.
Objective Achievement with Regard to Major Issues:
Major Issue #1 (balance of mix of land uses in creating a sustainable downtown): The
establishment of residential units downtown continues to be a critical need as identified
in Objective B-2. This need is vital in creating a local demand for services and lessening
the reliance on other customer bases. However, the balance of non-residential land
uses continues to be a challenge. With a reluctance of some new developments to
include a mixed use component, and challenges with appropriate retail and restaurant
mixes identified in Downtown Cluster Study, additional policies to achieve an
appropriate mix must be explored as part of the EAR based amendments.
Major Issue #2 (impact of development in downtown on infrastructure): This issue was
identified as a potential concern early on in the redevelopment of downtown. The City
has implemented water, sewer, and drainage upgrade programs which receive annual
CI P allocations. The emphasis has been placed on where deficiencies have existed
downtown and concerns over this issue have correspondingly diminished. As additional
densities and intensities are introduced downtown the city should continue to monitor
this issue and direct appropriate resources were needed.
Major Issue #3 (availability of workforce housing): The City has approached this issue
from multiple fronts. First, the City has created a workforce housing ordinance, which
allows additional market rate bonus units in exchange for the creation of workforce
housing units. This ordinance is continually being modified to add areas subject to the
City of Delray Beach EAR
Chapter 4 - Page 31
October 17, 2006
ordinance and other modifications to increase its attractiveness and effectiveness.
Secondly, the City's CRA (Community Redevelopment Agency) is actively aggregating
land and initiated construction of workforce units, particularly in the Southwest
Neighborhood Redevelopment Area. A community land trust has been established by
the City and the CRA as an outgrowth of a process began in the late 1990's to create
the City of Delray Beach's Downtown Master Plan. The master plan's housing goals
emphasized the City's commitment to a diversity of housing stock and the provision of
affordable housing in neighborhoods throughout the community by emphasizing
development without displacement. The creation of the land trust was a key
recommendation of the SW Neighborhood Redevelopment Plan, adopted by the City
Commission. With the EAR based amendment, continued commitment to workforce
housing will be emphasized.
Major Issue #8 (impact on green space): With recent. downtown development,
concerns over diminished green spaces within developments have surfaced. The land
development regulations for downtown have minimal requirements (0-10% minimum)
for green/open space. These requirements are consistent with dense urban
development, appropriate for a downtown area. That said, green space contributes to
the quality of life for urban dwellers and common green spaces can provide that need.
The city is in the process of creating an urban park just east of the Old School Square,
as identified in Open Space and Recreation Element Policy A-2.15, to provide this
opportunity. Additional opportunities should be explored and policies to that effect
should be added during the EAR based amendments.
Major Issue #9 (effectiveness of regulations on controlling building mass): Current
design guidelines require mandatory upper floor offsets to control mass and scale of
downtown buildings. These types of controls are appropriate downtown to offset
decreased setbacks which push buildings very close to the street. In the balance of the
City, more suburban setbacks apply to commercial and office districts. These increased
setbacks, in effect, mitigate scale and mass in areas outside downtown. However, in
particular instances where reduced setbacks may be required, such as in the North
Federal Highway per an adopted Redevelopment Plan or with future development of
innovative zoning initiatives (i.e. Congress Ave. and Four Corners overlay districts or
form based codes), additional design criteria may be appropriate on a case by case
basis.
Conclusions and Recommendations:
EAR based amendments should include revisions to the Future Land Use Element
which include revising all goals, objectives, and policies to add any new initiatives;
modifying partially completed or eliminating completed initiatives; and providing
intensities and densities for all land use descriptions. Changes should also include
updating the introduction language including modifications of any tables and support
maps; and incorporation of appropriate changes to objectives and goals gleamed from
the EAR public hearing processes.
The amendments should also include new policies to help achieve an appropriate mix
of uses, direct resources to infrastructure improvements downtown, explore additional
City of Delray Beach EAR
Chapter 4 - Page 32
October 17. 2006
downtown open space opportunities and affirm the City's continue commitment to
workforce housing.
Transportation Element
Element Overview:
The purpose of the Transportation element is to provide an inventory of all modes of
transportation, including roadways, parking facilities, public transit nodes, and freight,
port, and airport facilities. The element also identifies current and future levels of
service and necessary expansions to accommodate growth identified in the Future
Land Use Element.
The element established four broad goals which include accommodating effective
movement of traffic as development occurs, appropriately addressing operational and
aesthetic conditions of local roadways, safety issues, and promoting alternative modes
of transportation.
These broad goals are to be achieved through street system enhancements,
appropriate accommodation for ultimate rights-of-way widths with development, and
policies in support of alternatives to automobiles. The operation and aesthetics of local
roadways are to be achieved by establishing enhanced levels of service; assuring
efficient local traffic flow; and through programs of street beautification. Safety issues
are to be achieved through enhanced access for local uses, elimination of obstructions
with rights-of-way, appropriate maintenance of streets, and enhanced street marking
and traffic controls. Promoting alternative modes of transportation include support for
regional initiatives, Palm Tran, Tri Rail, and FEC rail options, and creating opportunities
for pedestrian and bicycle circulation with development.
Element Assessment:
The objectives of the Transportation Element have either been achieved or are being
achieved. The City continues to work with outside agencies to position itself to
capitalize on alternatives to automobile uses. The City has lobbied for a train station
stop, if FEC passenger rail service is implemented. The City is poised to initiate an in
town shuttle service from Tri-Rail through to the beach with stops at future garage
locations throughout the corridor. The City continues to require amenities like bike racks
with new development to encourage and accommodate that mode of transportation.
All City land development reviews include a concurrency review by the County's Traffic
Division. The City has adopted Palm Beach County's Traffic Performance Standards
Ordinance to address concurrency, adhering to the methodologies outlined in the
County's Code. No changes are needed to this system to ensure a consistent
methodology for measuring impacts on transformation systems for the purpose of
implementing concurrency management in coordination with the County. The City is in
the process of adopting a Proportionate Fair Share Ordinance. County road impact fees
for approved developments are collected by the City. The Traffic Performance
City of Delray Beach EAR
Chapter 4 - Page 33
October 17. 2006
Standards allow for concurrency exemptions for residential developments east of 1-95
and for all development within the City's Transportation Concurrency Exception Area
(TCEA). The City established the TCEA to aid in the revitalization of the downtown. The
TCEA encompasses the central business district of the City and contains approximately
436 acres. The general limits of the TCEA are 1-95 on the west, SR A 1 A on the east,
S.E. 2nd Street on the south, and N.E. 4th Street on the north. The City has made a
conscious effort to direct growth to this area, through significant public investment in
infrastructure and redevelopment plans. The TCEA provides incentives to
redevelopment by eliminating transportation concurrency requirements. These
incentives encourage land use planning which emphasizes compact, mixed-use
development to internalize trips and enhance mobility with a balanced development
scenario. Many trips between uses become pedestrian rather than vehicular trips and
the high availability of alternate transportation modes reduces automobile dependency.
This program has been successful in encouraging redevelopment. Since its adoption in
1995, a total of 461 redevelopment projects have been approved within the TCEA area.
A letter was sent to DCA from Palm Beach County on October 25, 2005, requesting
confirmation that the County's TCEAs are already in compliance with the new
requirements on ss. 163.3180(5) and are therefore exempt from ss.163.3180 (5)(g). If a
determination is made that the City must comply with the provisions of this section, the
required information will be included in the EAR based amendment.
The needs that were identified for the past planning period and were included in the
Comprehensive Plan during the last EAR-based amendment include the following
roadways that were anticipated to be over capacity in the year 2000 after programmed
improvements as contained within the FDOT and County's Five Year Roadway Plans.
. 1-95 - Linton Boulevard north to the City limits - LOS F
. Federal Highway - SE 10th Street south to Lindell Boulevard - LOS F
. Lake Ida Road - Military Trail to Congress Avenue - LOS F
. Atlantic Avenue - 1-95 to Swinton Avenue - LOS F
. Linton Boulevard - 1-95 to SW 10th Avenue - LOS F
With the exception of Atlantic Avenue, improvements to the above roadway segments
were completed during the past planning period. 1-95 has been widened to 10 lanes
with the addition of 2 HOV lanes. It is still operating below LOS D, but no additional
lanes are possible within the existing ROW. Federal Highway has been widened from 4
to 6 lanes. Lake Ida Road has been widened from 2 to 4 lanes. Linton Boulevard has
been improved between 1-95 and SW 10th Avenue and Lake Ida Road was widened
from 2 to 4 lanes. The widening of Atlantic Avenue from 4 to 6 lanes was scheduled
from improvement in 2010 in the 2015 Cost Feasible Plan, however, since the roadway
is located within TCEA area, which is exempt from traffic concurrency, and widening is
inconsistent with redevelopment plans and the constrained facility designation, the City
was successful is having this improvement removed from the Cost Feasible Plan. It is
also noted that with the change in the County's Traffic Performance Standards
Ordinance from the utilization of ADT to Peak Hour traffic for traffic concurrency
purposes, this segment of Atlantic Avenue now operates at LOS D rather than F.
City of Delray Beach EAR
Chapter 4 - Page 34
October 17. 2006
The City relies on the Palm Beach County Metropolitan Planning Organization's (MPO)
model to project long-range traffic conditions and make recommended long-range
improvements. The MPO has adopted the Year 2025 Transportation System Plan. The
MPO's Cost Feasible Plan within the City addresses all modes of transportation.
. Traffic Condition Projections for the next Planning Period (2010) are shown in the
following table:
Ft:TURE COli]) PEAK HOUR PE,\K ~VAS()N DU<ECl HY'Il/\L 'lR\:t,}'lC COl"Un'lONS
~1l\mFR S)(..:'<\IS ,flIRTS TOlAr IOS"fl"
IlOAD" A \ FROM re, Of L..NFs l'rR \nu \ OJ,l!Mf CU'ACITY · OOS
JMliitary Trail Coconut Ln Lake Ida Rd OLD 14 COUllty 2,305 2,790 fl
Lake Ida Rd Atlantic Ave OLD 2.7 County 2,609 2,570 E
At.lantic Ave Lmton Blvd 610 08 COWlt}' 2,513 2,790 C
Linton Blvd South City Lim its OLD 3.0 COW'll)' 2,508 2,570 D
ongress Ave I\orth City Limits Lake Ida Rd 6LD 2.1 County 1,739 2,570 B
Lake Ida Rd Atlantic Ave 610 21 COl.Ulty 1.713 2,570 B
Atlantic Ave Linton Blvd OLD 2.1 County 1,7&8 2,570 B
Linton Blvd South City Lim its 6LD 2.1 COWl{V 1,788 2.570 B
.95 Woolbright Rd Atlantic Ave lOLl( 0.0 State 15,371 9,440 F
Atlantic Ave Linton Blvd lOLl( 0.0 State 15.311 9,440 F
Linton Blvd ConlUess Ave 8LX 0.0 State 16,703 7,480 F
eacrestBlvd Gulfstream Blvd KE8ST 2L 2.3 County/City 720 810 D
NE8ST Lake Ida Rd 2L 23 City 719 810 D
winton Ave NER5T Lake Ida Rd 2L 05 City 477 860 e
Lake lda Rd Atlanuc Ave 2L 37 City 670 810 D
Atlllntil:Ave SE 10 ST 2L 3.7 City 633 810 D
ld Dixie Hwv SE 10 ST Lindell Blvd 2L 0.9 County 460 860 e
ederal Hwy (US-I) Gulfstream B"..d NE 8 ST 4LD 1.3 State 1,651 1,860 e
NERST Lakelda Rd 3L l.way 3.5 State 1,651 3.080 fl
Lake Ida Rd NE8ST 3L lows)' 3.5 State 1,050 3,080 B
Lake Jda Rd Atlantic Ave 3L I-way 3.5 State 1.181 3,080 fl
Atlantic Ave Lake Ida Rd 3L I-way 3.5 State 1,760 3,080 B
Atlantic Ave 5E 10 51 3L I-way 3.5 State 1.250 3,080 fl
SE 10 ST Atlantic Ave 3L I-way 3.5 State 1,515 3.080 B
SE 10 ST Linton Blvd 410 35 State 1,520 1.710 D
Linton Blvd Lindell Blvd 4LD 14 State 1.988 1.860 F
\.I.A North City Limits NE8SI 21. 0.6 Stale 513 860 e
NE8ST Atlantic Ave 2L 0.6 State 536 860 e
Atlantic Ave. Linton Blvd 2L 0.6 State 564 860 e
E 8 ST/Geo~c Bush Blvd Federal Hwy (US-I) A.I.A 2L 27 em, 365 810 e
..Jw1daRd MililalyTrail Barwick Rd 4LD 1.3 Counly 990 1,860 B
Barwick Rd Congress Ave 410 1.3 County 1,134 1,860 B
Congress Ave Swinton Ave 4LD 1.3 County 1,043 1,860 B
Swinton Ave Fooend Hwv (US.I) 3L 75 Cow'" 1,043 905 f
tlanticAve ~fililaryTrail Congress A\'c OLD 2.G State 1.716 2,570 B
Congress Ave 1-95 6LD 2.6 Stale 1,491 2,570 B
-95 Swinton Ave 4LD 65 State 1.464 1,710 D
Swinton Ave Federal Hwy (US.1) 2L 6.5 COy 519 810 C
<<ie<alllwv (US-I) A-l-A 4LD 6.5 Stale 114 1,710 e
owson Blvd ililarVTrail Federdl Hwv (US-I) 4L 3.1 City 1.133 1,400 B
inton Blvd (2) $imsRd Military Trail 6LD 0.5 County 1,327 2,790 R
Military Trail Congress Ave 6LD 17 Count:<' 1,805 2,790 B
Congress A\'e (.Y5 6LD 4.0 County 2.369 2,570 D
.95 SW lOAve 6LD 4.0 County 3.022 2,570 F
SW 10 Ave ('ederal H wy (US.)) 610 4.0 County 1,860 2,570 B
Federal Hwy(US-I) A-l-A 61.D 4.0 County 896 2,570 B
N\V 8 Ave (SW 8 Ave) P'lW 4 ST Atlantic Ave 2L 0.0 City 311 860 C
Atlantic Ave Lawson Blvd 2L 0.0 Ci<v 311 860 C
NW 4 Ave (SW 4 Ave) ake Ida Rd Atlantic Ave 2L 0.0 City 165 860 B
Atlantic Ave Lowson Blvd 2L 00 Cit, 549 ROO e
'W1QA\'e Lowson Bh'd Linton Blvd 2L 00 Cit\l 929 860 F
-Jomewood Blvd Atlantic Ave Linton Blvd 4LD 0.6 City 437 1,860 B
Linddl Blvd SW J(l Ave Carl Boller Dr 21. 12 City 926 "" F
Carl Bolter Dr Federal Hwv (US.I) 2L 12 City 662 860 e
rlBoltcrDr Lindell Blvd South City Limits 21. 00 City 391 860 C
Table Notes
(1) Source: Florida Department ofTran~"p(lrtalion (HXH) LeveL-; of Service (LOS) Standard.c; tvtanual, 2002
(4) Linton Blvd from Sims Rd to Military Trail IS in the planrung area not in the city
As indicated in the table, the following roadways are expected to be over capacity
during this planning period:
. Military Trail - Lake Ida Road to Atlantic Avenue - LOS E
City of Delray Beach EAR
Chapter 4 - Page 35
October 17, 2006
. 1-95 - Woolbright to Congress Avenue - LOS F
. Federal Highway - Linton Boulevard to Lindell Boulevard - LOS F
. Lake Ida Road - Swinton Avenue to Federal Highway - LOS F
. Linton Boulevard - 1-95 to SW 10th Avenue - LOS F
. SW 10th Avenue - Lowson Boulevard to Linton Boulevard - LOS F
. Lindell Boulevard - SW 10th Avenue to Carl Bolter Drive - LOS F
The 2025 Operation Conditions prior to programmed improvements and the 2025 Cost
Feasible Plan are given in the following two maps. The Comprehensive Plan will be
amended to reflect this information in the EAR based Amendment.
COMPREHENSIVE PLAN
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JURISDICTION
City of Delray Beach EAR
Chapter 4 - Page 36
October 17, 2006
COMPREHENSIVE PLAN
DELRAY BEACH, FLORIDA
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Objective Achievement with Regard to Major Issues:
Major Issue #6 (transportation policies effectiveness on promoting alternative
transportation systems): The plan's objectives have been effective in increasing
awareness of alternative modes of traffic and the City continues to initiate activities
identified in related policies. A good example is the City's Shuttle service, due to start
in the upcoming months. Additional expansion is being explored at this time to provide
early morning and evening service, allowing opportunities for employees to commute to
work in downtown. Improvements to sidewalks and the provision of bicycle facilities (Le.
bike racks), with downtown development are being implemented. Bicycle lanes or 14
foot curb lanes are proposed with recently approved road projects, including the
compromise reached in the resurfacing of A 1 A. During the public hearing process
City of Delray Beach EAR
Chapter 4 - Page 37
October 17, 2006
there was emphasis placed on continued improvement in safety and a desire to
continue and enhance the promotion of alternative modes of transportation.
Conclusions and Recommendations
EAR based amendments should include revisions to the Transportation Element which
include revising all goals, objectives, and policies to add any new initiatives, and
modifying partially completed or eliminating completed initiatives. Changes should also
include updating the introduction language including modifications of any tables and
support maps, and incorporation of appropriate changes to objectives and goals
gleamed from the EAR public hearing processes.
Housing Element
Element Overview:
The purpose of the housing element is to identify the characteristics and conditions of
the City's existing housing stocks. The data for the entire element has been updated to
current conditions and projections through the year 2015 as part of this submittal. (See
attached documentation). The element also discusses availability of land to meet
housing needs, housing initiatives, and housing trends throughout the City. There are
two broad goals to stabilize and enhance, restore or rehabilitate neighborhoods, and to
maintain safe and adequate supplies of housing. The goals also encourage supplying
new housing in a range of types and cost levels. These goals are to be achieved
through identifying the condition of each neighborhood in the City on a neighborhood
categorization map. Each neighborhood is classified into the following categories:
stable, stabilization, revitalization, rehabilitation, or redevelopment. After classification,
appropriate specific actions are identified for each within specific policies in the
element. The goals are also to be achieved through City programs and development
regulations which encourage diversity in residential projects and encourage the
expediting of permits for housing especially affordable housing.
Element Assessment:
The objectives of the Housing Element have either been achieved or are being
achieved. Redevelopment Plans have been created and are in the process of being
implemented. To that end, the redevelopment category is to be eliminated from the
Residential Neighborhood Categorization Map as it is no longer applicable. Several
neighborhoods have been moved from a less stable to a more stable category.
Objective Achievement with Regard to Major Issues:
Major Issue #1 (Balance of Mix of Land Uses in Creating a Sustainable Downtown):
The introduction of housing in the downtown has been vital to creating a sustainable
downtown, creating a demand for services and lessening the reliance of that demand
on out of town or transient consumers. Pursuant to Objective B-2, downtown housing
City of Delray Beach EAR
Chapter 4 - Page 38
October 17. 2006
has been identified as a critical need in the downtown area. The introduction of housing
needs to be balanced with the need to create a mix of uses downtown.
Major Issue #2 (Impact of Development in Downtown on Infrastructure): While housing
has occurred downtown it has not reached a level at which its impact on infrastructure
is of any concern. Continued monitoring of infrastructure needs and implementation of
upgrading programs through annual CIP allocations should be continued.
Major Issue #3 (Availability of Workforce Housing): While most of the houses that have
been developed downtown have been higher priced units, recent changes to the LDRs
(Land Development Regulations) have required any requests for additional densities or
height to provide a workforce component. Opportunities for workforce housing have
also been introduced in city initiated changes to the Congress Avenue corridor as well
as privately initiated overlay districts (Depot Road property). Additionally, there have
been several new developments just outside the downtown area that have been
recently approved and contain workforce components. These include CODA
development, Village Parc, Banyan Village, and 10th Street Townhomes.
The City's adopted workforce housing ordinance is continually being modified to
increase areas subject to the density bonus benefits of the ordinance. The City's CRA
(Community Redevelopment Agency) is actively aggregating land and has initiated
construction of workforce units, particularly in the Southwest Neighborhood
Redevelopment Area. A CL T (Community Land Trust) has been established by the City
and the CRA and units being constructed by the CRA are to be placed in the CL T.
Recent modifications to the Workforce Housing Ordinance give the CL T first right of
refusal when workforce units, built by private development, are sold. With the EAR
based amendment, continued commitment to workforce housing will be emphasized.
Major Issue #7 (Stabilization of Neighborhoods): The existing policies have been very
effective at stabilizing neighborhoods. Most neighborhoods will be upgraded on the new
neighborhood classification map and the redevelopment category will be eliminated with
the EAR based amendment.
Conclusions and Recommendations:
EAR based amendments should include revIsions to the Housing Element which
include revising all goals, objectives, and policies to add any new initiatives, and
modifying partially completed or eliminating completed initiatives. Changes should also
include updating all introduction language, including the modification of any tables, and
support maps and incorporation of appropriate changes to objectives and goals
gleamed from the EAR public hearing processes.
The amendments should also include new policies with emphasis on the City's
continued commitment to Workforce Housing.
City of Delray Beach EAR
Chapter 4 - Page 39
October 17. 2006
Public Facilities Element
Element Overview:
The purpose of the Public Facilities Element is to provide an inventory of sewer/water,
solid waste, drainage, and street maintenance facilities throughout the City. The
element also outlines existing deficiencies within these systems and provides ways to
correct them. The element has six broad goal areas which include appropriate provision
of solid waste disposal, provision of adequate water supplies, provision of water and
sewer to all areas of the City, provision of adequate office facilities to conduct City
business, storm water management, appropriate disposal, and enhanced public
understanding of infrastructure needs. These goals are to be accomplished through
elimination of septic tanks, support of County solid waste activities, utilizing Aquifer
Storage and Recovery, water conservation, through ongoing construction, the
upgrading, and replacement of sewer and water facilities, through annual appropriation
in the Capital Improvement program, (storm water management) annual CIP allocations
for storm water management, enhance maintenance of the City's street system, and
through public input at Public Hearings and Town Hall Meetings.
Element Assessment:
In a city approaching build-out, such as Delray Beach, there are different priorities for
projects than those in a growing community. Large vacant areas without infrastructure
no longer exist, but redevelopment and infill development continue. Major infrastructure
systems are in place and the capacity for these systems such as water and wastewater
treatment, street networks, and storm water conveyance are already sufficient to serve
the build out population. Provision of infrastructure to provide services for new
development is the responsibility of developers through the concurrency review
process.
The issues in the community have shifted from providing for the accommodation of new
development to maintaining existing systems, correcting deficiencies in specific
neighborhoods to assure that all parts of the City receive the same level of service, and
providing for the quality of life desired by the community.
There is a hierarchy of needs in a built out community, and decisions regarding the
expenditure of limited funds follow that hierarchy. The framework for decision-making,
and the Capital Improvement Budget (CIB) and Five Year Capital Improvement Plan
(CIP), implement the goals, objectives and policies contained in the Comprehensive
Plan regarding service provision and redevelopment.
The City generally follows a "pay-as-you-go" philosophy. While the needs of the City
could be met without such vehicles as bonding or increasing rates and taxes, the time
frame required to fully implement the projects may not be acceptable to the community.
Community desires and overall project cost efficiency may dictate financing for specific
needs.
City of Delray Beach EAR
Chapter 4 - Page 40
October 17, 2006
Long Range plans have been adopted for several public facility categories, including
water distribution, wastewater transmission, water supply, and the storm water system
which outline needed improvements to these facilities of the City. These include a storm
water master plan, water main master plan, and sanitary I & I plan (Inflow and
Infiltration). These long range plans address the needs that were identified for the past
planning period and were included in the Comprehensive Plan during the last EAR-
based amendment. These needs are being met by relying upon the revenue from the
respective enterprise funds. The objectives of this element have been achieved or are
being achieved. The City has programmed projects to correct the deficiencies identified
in the long range plans necessary to maintain the adopted Level of Service standards
for these facilities and no unanticipated problems occurred during the last planning
period which hindered the ability of the City to implement these projects. Annual CIP
allocations are dedicated to meeting these needs through system upgrades,
approximately $250,000 (storm water) $1,000,000 (water main replacement and
upgrade) and $500,000 (sanitary), and funds for certain priority improvements (storm
water) have been advanced through Bond approvals.
Begun last year, the initial phases of the Delray Beach Reclaimed Water Project is
complete, providing irrigation at the Delray Beach Golf Club, Lake View Course and
Hamlet Golf Courses. It is now being extended to the Del-Aire Golf Course. Commercial
development and homeowners associations with master irrigation systems along the
transmission lines are also being connected to the system. Due to their high demand,
golf courses have their own well systems for irrigation. Therefore, the switch to
reclaimed water does not reduce the demand for potable water. It does, however
reduce the overall withdraw from the shallow aquifer. Since this aquifer is a primary
source of fresh water in the region, the overall demand on the system is reduced and
the additional capacity can be use elsewhere. The use of reclaimed water for
commercial and residential properties that currently use potable water will result in an
overall reduction in demand. Making this service available throughout the City is a long
term project which is dependant on the availability of funding. However, when it is
completed, it is expected to significantly reduce the demand for potable water. In
addition to the conservation of potable water supplies, utilizing reclaimed water for
irrigation will ultimately save residents and businesses money by diminishing their use
of potable water for irrigation and other non-potable uses.
There were no problems or deficiencies with solid waste facilities identified for the past
planning period and no problems are anticipated for the future planning period. The City
continues to operate within the established level of service standard of 7.13 pounds per
person per day. As part of a countywide program, run by the Solid Waste Authority of
Palm Beach County, the City of Delray Beach is dependent upon the Authority to
provide capacity for the Solid Waste generated within the City of Delray Beach. In its
annual letter on the availability of Solid Waste Disposal Capacity, dated January 19,
2006, the Solid Waste Authority indicates that it has disposal capacity available to
accommodate the solid waste generation for the municipalities and unincorporated
county for the coming year of 2006, and has sufficient capacity for both concurrency
management and comprehensive planning purposes for both the coming year, and the
five and ten year planning periods specified in 9J-5.005(4). As of September 30,2005,
City of Delray Beach EAR
Chapter 4 - Page 41
October 17, 2006
the Authority's North County Landfills had an estimated 36,448,716 cubic yards of
landfill capacity remaining. Based upon the existing Palm Beach County population, the
most recently available population growth rates published by the University of Florida
Bureau of Economic and Business Research (BEBR), and projected rates of solid
waste generation, waste reduction and recycling, the Solid Waste Authority forecasts
that capacity will be available at the existing landfill through approximately the year
2021 assuming the depletion of the Class I and Class III landfills is approximately
balanced.
Objective Achievement with Regard to Major Issues:
Major Issue #2 (impact of development in downtown on infrastructure): This was
identified as a potential concern early on in the redevelopment of downtown. The City
has implemented water, sewer and drainage upgrade programs which receive annual
CI P allocations. The emphasis has been placed on where deficiencies have existed
and concerns over this issue have correspondingly diminished. As additional densities
and intensities are introduced downtown, the city should continue to monitor this issue
and direct appropriate resources to any needs.
Major Issue #5 (Adequacy of water supply): As noted above, the use of reclaimed
water for commercial and residential properties that currently use potable water will
result in an overall reduction in demand. Making this service available throughout the
City is a long term project which is dependant on the availability of funding. However,
when it is completed, it is expected to significantly reduce the demand for potable
water. In addition to the conservation of potable water supplies, utilizing reclaimed
water for irrigation will ultimately save residents and businesses money by diminishing
their use of potable water for irrigation and other non-potable uses.
The city continues to educate its customers about the importance of water conservation
and distributes information on conservation whenever possible.
Conclusions and Recommendations
EAR based amendments should include revisions to the Public Facilities Element,
which include revising all goals, objectives, and policies to add any new initiatives, and
modifying partially completed or eliminating completed initiatives. Changes should also
include updating all introduction language, including the modification of any tables, and
support maps and incorporation of appropriate changes to objectives and goals
gleamed from the EAR public hearing processes.
Coastal Management Element
Element Overview:
The purpose of the Coastal Management Element is to identify the Coastal area,
Coastal resources, and the Coastal infrastructure within the City of Delray Beach.
City of Delray Beach EAR
Chapter 4 - Page 42
October 17, 2006
There are four broad goals to guide the management of the resources and they include
the protection, conservation, and enhancement of the natural coastal environment,
maintaining and enhancing access, maintaining compatible development and
redevelopment of the area, and creation of appropriate emergency preparedness
programs. These broad goals (protection, conservation, and enhancement) are to be
achieved by protecting natural systems from development, undertaking necessary
studies and actions to maintain the beach dune system and beach restoration activities,
turtle monitoring activities, and monitoring activities of the ocean outfall. To assure
enhanced access, the plans calls for exploring additional marine facilities, retaining
existing recreational parking, retaining existing access and exploring partnerships with
FIND or other organizations to enhance access. To assure compatible development
and redevelopment, the plan calls for protection of historic resources, establishing
reasonable levels of service, establishing appropriate intensities of development, and
enhancing access. Lastly, to assure safety of individuals and property, the City shall
prepare appropriate emergency preparedness, evacuation and disaster relief programs.
Element Assessment:
The element's goals have either been achieved or are being achieved. The beach
continues to be a priority for the City's protection and enhancement. The City
administers one of the longest and most successful beach renourishment projects in
the State. An initial beach restoration was conducted in Delray Beach in 1973, with
maintenance nourishments in 1978, 1984, 1992, and 2002. A storm (hurricane) related
emergency fill was conducted in 2005. The scope of each maintenance nourishment is
designed to optimize recreation and storm protection benefits and the economic
efficiency of construction. The next maintenance nourishment is expected to be
constructed in 2012. In addition to beach restoration and maintenance, the City has
recreated a viable dune ecosystem along the municipal beach area. Beginning in 1974,
and continued through the present, the City has restored and augmented the dune.
The current dune system consists of a fore dune, vegetated in pioneer species, and a
back dune, vegetated in scrub zone species. A long-term dune revegetation program is
in the process of removing exotic species in the scrub zone and restoring natural plants,
including rare and endangered species. A well designed monitoring program has
continued since the inception of the project, including annual performance surveys and
analysis, environmental monitoring of the reef, near shore and borrow areas, and
monitoring and protection of sea turtles.
With respect to exploring additional marine facilities, the City has collaborated with
FIND to develop FIND parcel MSA 650 to provide additional parking and boat access to
the Intracoastal Waterway.
The City through its Fire Department has developed emergency preparedness plans
and continually conducts readiness exercises to assure its preparedness levels.
Objective Achievement with Regard to Major Issues:
None of the major issues identified by City Commission apply to this element.
Conclusions and Recommendations
City of Delray Beach EAR
Chapter 4 - Page 43
October 17. 2006
EAR based amendments should include revisions to the Coastal Management Element,
which include revising all goals, objectives, and policies to add any new initiatives, and
modifying partially completed or eliminating completed initiatives. Changes should also
include updating all introduction language, including the modification of any tables, and
support maps and incorporation of appropriate changes to objectives and goals
gleamed from the EAR public hearing processes.
Conservation Element
Element Overview:
The purpose of the Conservation Element is to identify natural resources within the City,
identify any pollution problems, and discuss potable water concerns and needs. There
are three broad goal areas, which include protection and conservation of the City's
water supply, retention and protection of sensitive lands and retention and protection of
air quality and quality of the City's waterways. The protection of the water supply is to
be achieved through efforts focused on detecting contamination, instituting preventive
measures during development of lands and providing activities that result in water
conservation. The retention and protection of sensitive lands is accomplished by
appropriately applying land use/zoning categories to limit development, providing
increased public awareness of protection of flora and fauna, erosion reduction
techniques, and protection and enhancement of the beach and dune systems. The
protection of air and waterway resources are to be accomplished through support of
regional efforts in waterway restoration and public education related to pollution of the
Intracoastal Waterway.
Element Assessment:
The objectives of this element have been achieved or are being implemented. The City
continues to implement monitoring programs to assure the early detection of any
contamination of the water supply and continues to support the Palm Beach County
Well field protection program efforts. Conservation efforts have been stepped up to
implement reuse water programs for irrigation, resulting in a decrease in potable water
use for irrigation. Begun last year, the initial phases of the Delray Beach Reclaimed
Water Project are complete, providing irrigation at the Delray Beach Golf Club, Lake
View Course and Hamlet Golf Courses. It is now being extended to the Del-Aire Golf
Course. Commercial development and homeowners associations with master irrigation
systems along the transmission lines are also being connected to the system.
As noted in the Coastal Element, the City continues to administer a beach
renourishment program, associated environmental monitoring programs, and dune
revegetation programs. Beginning in 1974, and continued through the present, the City
has restored and augmented the dune. A long-term dune revegetation program is in
process of removing exotic species in the scrub zone and restoring natural plants,
including rare and endangered species.
City of Delray Beach EAR
Chapter 4 - Page 44
October 17, 2006
The City also supports educational programs and organizations like the Sandoway
House which provides education programs for all ages on the ocean and dune
environments.
Objective Achievement with Regard to Major Issues
Major Issue #8 (impact on green space): With recent downtown development,
concerns over diminished green spaces within developments have surfaced. The land
development regulations for downtown have minimal requirements (0-10% minimum)
for green/open space. These requirements are consistent with dense urban
development, appropriate for a downtown area. That said, green space contributes to
the quality of life for urban dwellers and common green spaces can provide that need.
The city is in the process of creating an urban park just east of the Old School Square,
as identified in Open Space and Recreation Element Policy A-2.15, to provide this
opportunity. Additional opportunities should be explored and policies to that effect
should be added during the EAR based amendments.
Conclusions and Recommendations:
EAR based amendments should include revisions to the Conservation Element, which
include revising all goals, objectives, and policies to add any new initiatives, and
modifying partially completed or eliminating completed initiatives. Changes should also
include updating all introduction language, including the modification of any tables, and
support maps and incorporation of appropriate changes to objectives and goals
gleamed from the EAR public hearing processes.
Open Space & Recreation Element
Element Overview:
The purpose of this element is to inventory existing open space and recreational
resources of the community, identify adopted standards and analyze the needs for
future improvements. There are two board goal areas which explore resource allocation
for high priority recreational opportunities and facilities and the retention of existing
open space and provision of additional recreational opportunities with new
development. These goals are to be achieved through adoption of LOS standards,
provision of additional facilities through CIP allocations, other funding sources and by
the private sector as part of development. Priority is to be placed on retaining and
enhancing large existing open spaces. Enhanced access to the Intracoastal and the
beach are also encouraged.
The Recreation and Open Space Element (ROSE) guides the City's capital program
designed to meet the ever-increasing demand for parks, and open space necessary to
serve new development and to maintain the quality of life enjoyed by existing residents.
City park levels of service (LOS) for concurrency management purposes are
established in the Comprehensive Plan, Open Space Element and Recreation Element
City of Delray Beach EAR
Chapter 4 - Page 45
October 17, 2006
and the Capital Improvement Element. Park LOS are calculated by comparing City-
wide population to current inventories and then expressing the results in terms of total
acres of parks available per 1000 population.
Element Assessment:
The City has adopted both the State and National standards for park facilities. This
leads to some inconsistencies in application, since the standards do not correspond in
all cases. In addition, the State guidelines list a minimum, maximum, and median
category for provision of facilities. Assessing recreation facilities relative to the strictest
of the two applicable guidelines, the only deficiency that was identified for the past
planning period and included in the Comprehensive Plan during the last EAR-based
amendment was in the category of boat ramps. Through development of the FIND
parcel (MSA 650), located south of Knowles park, two additional boat ramps with
parking facilities will be provided. The park design is completed and permitting is
underway.
The objectives of this element have been achieved or are being implemented. In 2002,
the City adopted the "Delray Beach Parks and Recreation System Master Plan," which
expands upon the needs identified during the last EAR-based amendment and provides
a detailed list of recommendations. As a result of the passage of a park bond by the
Citizens of Delray Beach in late 2004, the recommendations outlined in this Plan are
now underway, including significant enhancements to existing facilities and the
construction of new facilities. These improvements include parks and improvements
identified in the needs and recommendation section of the element including
development of a new park in the northwest section of the City (Bexley Park), creation
of an urban park next to the Old School Square complex, development of a new
neighborhood park (eagle park), development of a Community Center west of 1-95, and
significant improvements to most of the existing parks. Several other items identified in
the comprehensive plan are also under design including renovations to the Pompey
Community Center. With the development of these new and upgraded park amenities,
current inventories in the Comprehensive Plan need to be modified. It is noted the City
far exceeds LOS standards for overall park land and the new facilities will improve our
position.
Objective Achievement with Regard to Major Issues
Major Issue #8 (impact on green space): With recent downtown development,
concerns over diminished green spaces within developments have surfaced. As with
other urban areas, common green space rather than small site specific green space
resources are more appropriate. To this end, the city is in the process of creating an
urban park just east of the Old School Square, as identified in Open Space and
Recreation Element Policy A-2.15. As previously mentioned, this park was also
identified in the needs and recommendation section of the open space and recreational
element
Conclusions and Recommendations
EAR based amendments should include revisions to the Open Space and Recreation
Element, which include revising all goals, objectives, and policies to add any new
City of Delray Beach EAR
Chapter 4 - Page 46
October 17, 2006
initiatives, and modifying partially completed or eliminating completed initiatives.
Changes should also include updating all introduction language, including the
modification of any tables, and support maps and incorporation of appropriate changes
to objectives and goals gleamed from the EAR public hearing processes.
Intergovernmental Coordination Element
Element Overview:
Coordination among the numerous entities that affect land development in Delray
Beach is essential for efficiently meeting the needs of Delray Beach residents. The
significant number of governmental entities require substantial efforts of coordination
These include Palm Beach County, surrounding municipalities, the School Board,
South Florida Water Management District, Lake Worth drainage District and other
regional and state agencies, which all make direct and indirect decisions on land
development activities. It is imperative that Delray Beach maintain close working
relationships with these agencies. The Intergovernmental Coordination element's sole
goal area emphasizes the importance of a continuous and coordinated effort to
accomplish this coordination, if we are to meet the goals of the Comprehensive Plan.
This is to be accomplished by proactively sharing information with these other agencies
and following established protocol relating to existing agreements.
Element Assessment:
The objectives of this element have been achieved or are being implemented. No
changes to goals, objectives, or policies are necessary.
Objective Achievement with Regard to Major Issues:
None of the major issues identified by City Commission apply to this element
Conclusions and Recommendations:
EAR based amendments would include only minor changes to introduction language of
the element and minor modifications of any tables (inventory of agencies).
Capital Improvement Element
Element Overview:
The Capital Improvement Element serves as a guide to the development of the Capital
Improvement policies, procedures, capital needs, revenue sources and financing
mechanisms of the City. The element summarizes capital needs, as identified in other
elements, identifies funding sources and financing mechanisms and provides guidelines
for prioritizing capital improvement projects. The element has two broad goal areas,
City of Delray Beach EAR
Chapter 4 - Page 47
October 17, 2006
which require that actions be taken to provide public facilities to accommodate future
growth and meet existing deficiencies and that public moneys be invested to enhance
the quality of life for the citizens of Delray Beach. These goal areas are to be
accomplished by appropriately directing financial resources, assuring public facilities
are provided concurrent with needs, and requiring future development to pay its
proportionate share.
Element Assessment:
The City continues to meet its Capital Improvement Element's objectives, in terms of
levels of service, concurrency management and fiscal policies. Capital improvements
are prioritized annually according to several criteria based on whether they are critical,
mandatory or desirable improvements. The Element's "Prioritization of Capital Projects
Section" describes the framework within which budget decisions are made, both the
annual Capital Improvement Budget (CIB) and the Five Year Capital Improvement
Plan(CIP). The element contains outdated policies, revenue and debt summaries and
five year forecast tables. These must all be updated as part of the EAR based
amendments. The Five Year Capital Improvement Plan (CIP) is current as it is updated
annually immediately after City Commission adoption. The source of funds for capital
improvements are from several enterprise funds, bonds and the General Fund from
which transfers are made to the other funds. Projections for these funds from the
current Five Year CIP as well as the General Fund Balance are given in the following
table and the Current Five-Year Capital Improvements Schedule is included in
Appendix B.
GENERAL CAPITAL IMPROVEMENTS FUND
STORMWATER UTILITY FUND
WATER/SEWER RENEWAL & REPLACEMENT F
WATER/SEWER NEW CAPITAL
RECREATION IMPACT FEE FUND
BEAUTIFICATION TRUST FUND
COMMUNITY DEVELOPMENT FUND
PARKS & RECREATION GO BOND
CITY MARINA FUND
MUNICIPAL GOLF COURSE
CENTRAL GARAGE FUND
GENERAL FUND BALANCE
13,620,440
2,841,020
2,826,725
4,215,084
275,000
2,530,647
2,701,074
10,884,114
206,283 $
261,903 $
1,581,920 $
41,944,211 $
$ 18,039,618 $
252,488 $
284,089 $
1,775,053 $
29,610,346 $
21,139,958 $
301,387 $
316,376 $
1,861,505 $
17,806,776 $
24,395,316 $
353,061 $
365,935 $
2,018,937 $
16,565,305 $
27,813,441 $
407,594
437,635
2,457,202
21,327,528
31,402,472
Objective Achievement with Regard to Major Issues:
None of the major issues identified by City Commission apply to this element
Conclusions and Recommendations:
EAR based amendments should include revisions to the Capital improvement Element,
which include revising all goals, objectives, and policies to add any new initiatives, and
modifying partially completed or eliminating completed initiatives. Changes should also
include updating of all introduction language including modifications to tables, charts
including revenue and debt summaries and five year forecast tables.
City of Delray Beach EAR
Chapter 4 - Page 48
October 17, 2006
Public Schools Facilities Element
Element Overview:
The goals of the Public Schools Facilities Element are to provide for future availability of
public school facilities consistent with the adopted Level of Service (LOS) standard,
established under school concurrency, and to maintain and enhance joint planning
processes and procedures for coordination of public education facilities for planning
and decision-making. Planning and decision-making refer to population projections,
public school siting, and the development of public education facilities concurrent with
development and other services. This involves collaboration between school boards
and local governments to resolve school overcrowding, particularly for coordinating
comprehensive plans and school board plans. Local governments have a responsibility
under Chapter 163, Florida Statutes, to coordinate with school boards regarding school
siting to complement other community building decisions. Chapter 1013, Florida
Statutes, similarly requires school boards to coordinate their planning and facility siting
decisions closely with local governments.
Element Assessment:
At this point, the City has met its School Facilities Comprehensive Plan objectives, and
all issues related to concurrency appear to have been handled effectively. The City has
modified the element policies to address the changes incorporated in the Interlocal
agreement's first amendment. Additional changes will be required to this element to
reflect the second modification of the Interlocal which will occur in the upcoming months
as well as the changes to incorporate the new CSA (Concurrency Service Area) maps.
These changes will include updated population projections and other changes to bring
the Interlocal agreement into compliance with SB 360. This element has a great deal of
specificity, in terms of levels of service, and so far, The Technical Advisory Group
(TAG) indicates that the levels have been met. The most significant success over the
last several years has been the implementation, on June 27, 2002, of the County's
school concurrency ordinance. Implementation of this plan made Palm Beach County
the first jurisdiction in the state to complete the lengthy and complicated approval
process. School concurrency is a growth management tool aimed at ensuring that
construction of new schools keeps pace with construction of new homes. Therefore,
before a new residential project is approved, there must be enough school classroom
space available to accommodate the students expected to live in that development.
There are three main components to the concurrency plan: 1) Joint planning between
cities, the County and the School District; 2) a financially-feasible five-year school
construction plan that enables the School District to catch up and keep up with growth;
3) regulatory review by School District planners for all new residential projects. The goal
of school concurrency has been to have all schools in the County operating at no more
than 10 percent over capacity by 2004.
Over a two-year period, the Board of County Commissioners, the School Board, and 26
municipalities developed a Plan, which includes the responsibilities of each government
City of Delray Beach EAR
Chapter 4 - Page 49
October 17, 2006
entity as party to the Agreement. All affected parties then signed an Interlocal
Agreement to become planning partners. Note that 11 smaller municipalities were
allowed to opt out, in accordance with Statutes, either because they have no schools
within their boundaries, were more than 80 percent built out, or had approved fewer
than 50 new homes in the past five years.
Objective Achievement with Regard to Major Issues:
None of the major issues identified by City Commission apply to this element
Conclusions and Recommendations:
The City has continually updated this policy to stay current with the first amendment to
school concurrency Interlocal agreement. The City has included the Palm Beach
County's Schools Map series as part of its element which requires yearly updates.
Additional changes will be required as a result of the pending second amendment to the
Interlocal agreement. In addition "Standards for Tiered Level of Service" tables will
need to be updated with the EAR amendment.
City of Delray Beach EAR
Chapter 4 - Page 50
October 17. 2006
CHAPTER 5
Recommendations
RECOMMENDATIONS
Future land Use Element
1. Update Introduction and support data throughout the element as appropriate to
reflect current conditions
2. Update all maps to reflect current city boundaries.
3. Update existing land use and population data, including supporting maps and
tables.
4. Update Map #3 and Table L-5, Potential Residential Units as required to reflect
development of some parcels.
5. Update vacant land analysis.
6. Update Map #11, Annexation Areas, to reflect completed annexations.
7. Update Redevelopment Analysis section to reflect completion of all Redevelopment
Plans.
8. Update descriptions for all land use categories to include intensities and densities.
9. Update Goals, Objectives and Policies as required to modify partially completed or
eliminate completed initiatives and to incorporate appropriate changes to goals and
objectives gleamed from the EAR public hearing processes.
10. Add new policies to achieve an appropriate mix of uses, direct resources to
infrastructure improvements downtown, and explore additional downtown open
space opportunities.
11. Add policies to affirm the City's continued commitment to workforce housing.
12. Add policies to develop design guidelines for the North Federal Highway area and
evaluate the need for guidelines in the Congress Avenue Corridor and Four
Corners Area.
Transportation Element
1. Update Introduction and support data, throughout the element as appropriate to
reflect current conditions.
2. Update all maps to reflect current city boundaries.
3. Update Table T-1, Street Network Classification and Improvements.
4. Update Map #13, Existing Roadway Laneages to reflect roadway modifications.
5. Update Map #15, Existing Annual Average Daily Traffic Conditions and Map #16,
Peak Season PM Peak Hour Peak Direction Traffic Conditions to reflect 2005 traffic
conditions.
6. Update Table T-5, 1999 Intersection Accident Data, to reflect 2006 data.
7. Update Table T-6 and T-7 to update 2000 future traffic conditions to 2010.
8. Update Map #17, Intermodal Facilities.
9. Update Map #18, Major Trip Producers/Attractors.
10. Update Table T-8, Future Over-Capacity Facilities.
City of Delray Beach EAR
Chapter 5 - Page 45
October 17, 2006
11. Update Map #20, 2015 Operating Conditions, to 2025.
12. Update Map # 21, 2015 Cost Feasible Plan, to 2025.
13. Update Table T-9, 2015 Roadway Improvement Schedule, to 2025.
14. Update Goals, Objectives and Policies as required to modify partially completed or
eliminate completed initiatives and to incorporate appropriate changes to goals and
objectives gleamed from the EAR public hearing processes.
15. Add new policy to designate the railroad parking lot, north of East Atlantic Avenue
as a potential railroad stop for future passenger service on the FEC Railroad.
Housing Element
1. Update Introduction and support data, throughout the element as appropriate to
reflect current conditions.
2. Update all maps to reflect current city boundaries.
3. Update the following existing conditions tables from 1995 data to 2005 data:
a. Utilization Of Housing By Type - Table HO-1
b. Age Of Housing - Table HO-2
c. Distribution Of Monthly Rents - Table HO-3
d. Distribution Of Owned Housing By Value - Table HO-4
e. Owners Paying Excessive Housing Costs - Table HO-5
f. Renters Paying Excessive Housing Costs - Table HO-6
g. Owner Vs. Renter Occupied Housing (County/City) - Table HO-7
h. Housing By Type (County/City) - Table HO-8
i. Multi-Family Rental Units (County/City) - Table HO-9
j. Value Of Owner-Occupied Units (County/City) - Table HO-10
k. Inventory of Renter-Occupied Housing Programs Currently Using Subsidies -
Table HO-12
I. Inventory of Group Homes - Table HO-13
m. Inventory of Mobile Home Parks - Table HO-14
4. Update Table HO-11, Number of Substandard Units from 1990 to 2000 Census
data.
5. Update the following 2005 forecast tables to years 2010, 2015, 2020 and 2025:
a. Projected Households By Income Range - Table HO-16
b. Forecast Need For Additional Housing (Type) - Table HO-17
c. Forecast Need For Additional Housing (Tenure) - Table HO-18
d. Forecast Need For Affordable Housing (Income) - Table HO-19
6. Update, Table T-20, Potential Residential Units, to match Table L-5 in Future Land
Use Element.
7. Update Affordable Housing section to reflect new City initiatives.
8. Update Map #22, Neighborhood Categorization Map to reflect changed conditions
and modify text to eliminate Redevelopment Category.
9. Update Goals, Objectives and Policies as required to modify partially completed or
eliminate completed initiatives and to incorporate appropriate changes to goals and
objectives gleamed from the EAR public hearing processes.
10. Add new policies to affirm the City's continued commitment to workforce housing.
City of Delray Beach EAR
Chapter 5 - Page 46
October 17, 2006
Public Facilities Element
1. Update Introduction and support data, throughout the element as appropriate to
reflect current conditions.
2. Update Goals, Objectives and Policies as required to modify partially completed or
eliminate completed initiatives and to incorporate appropriate changes to goals and
objectives gleamed from the EAR public hearing processes.
Coastal Management Element
1. Update Introduction and support data, throughout the element as appropriate to
reflect current conditions.
2. Update Table CM-1 and Map #23, Coastal Planning Area Land Uses
3. Update Goals, Objectives and Policies as required to modify partially completed or
eliminate completed initiatives and to incorporate appropriate changes to goals and
objectives gleamed from the EAR public hearing processes.
Conservation Element
1. Update Introduction and support data, throughout the element as appropriate to
reflect current conditions.
2. Update Goals, Objectives and Policies as required to modify partially completed or
eliminate completed initiatives and to incorporate appropriate changes to goals and
objectives gleamed from the EAR public hearing processes.
Open Space and Recreation Element
1. Update Introduction and support data, throughout the element as appropriate to
reflect current conditions.
2. Update Goals, Objectives and Policies as required to modify partially completed or
eliminate completed initiatives and to incorporate appropriate changes to goals and
objectives gleamed from the EAR public hearing processes.
City of Delray Beach EAR
Chapter 5 - Page 47
October 17, 2006
Intergovernmental Coordination Element
1. Update Introduction and support data, throughout the element as appropriate to
reflect current conditions.
Capital Improvement Element
1. Update Introduction and support data, throughout the element as appropriate to
reflect current conditions.
2. Update General Fund and Expenditure Five Year Forecast Table
3. Update Pledgeable Revenue Matrix
4. Update Goals, Objectives and Policies as required to modify partially completed or
eliminate completed initiatives.
Public Schools Facilities Element
1. Update Introduction and support data, throughout the element as appropriate to
reflect current conditions.
2. Update element to reflect changes related to the second amendment to the
Interlocal Agreement.
3. Update Goals, Objectives and Policies as required to modify partially completed or
eliminate completed initiatives.
City of Delray Beach EAR
Chapter 5 - Page 48
October 17, 2006
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APPENDIX B
TARI F "1.rIP
PROJECT & FUND
Cc c
__ ___ c
: > t,~ nnn
--
RECREATION IMPACT FEE
DelrnySw.rn & TennisCenier-parl(,ngTOin
NW 151 Avenue Park
6akmontP~~i~e~ve~e~s
- ---- - -- 275.000 ----
--- -------- ^ -.--- -----(f-- 80,000
_ _ -- - - - -- -- -- --- -- - 0- m_~OCOQO
-- --~=~-=--=--TOTAis:~ gZs'--~=___~16t1,~
BEAUl'iFicAtfoN TRUSTFUND m - -- --, -
GHii'Y1~~L~:~t_~_61~~fi~.~q~~~----==~=====--=_~==_ _=~=-_~-==-J~?~,?_!Q_
(;ornput_erizedJrrig;3liOfl_S}'S~em_ ___ ~ d_ 50.000 I SO,OOO
Germantown Road Beautification ___------+- -- 75.000 I _____c__ c 0
~rids..~pinll-E:~s[~il([O[AlIa"UcA\ISflue_ ___ _ ___ 208.120 0
Soulh Dixie City Entrance _ __ 30.000 0
-~--=---~-_----~~ ----- =______ TOTALS: $363,120 $1B2,710
COMMUNITY DEVELOPMENT FUND -~--------
S!"E..f>..rogrnm~fue:Grani _ _ ______
<:;_~_Eas-,,-menl Granl P"'ll~m__n _m__C__
!~iwg~~g~!~i~:i_______=~= m__==~------ =+---
Miscellaneous Expense
GrantsandAids -F<ideraIGrani _ ____
f'ol~9FlbOI-hOO<JHc>usini!::=:~~___ _______
~oD~"eI_Rei9teDr~pavem_~n'__
599.910
108.000
853.620- -
117.440
285.710
104.320
89.990
___---===2~~ _______
252.S00
TOTALS --:_JJ,6..77,070
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BEACH RESTORAT10NFUNO- ---- --- ___~~__c
Eii!aCti!ljflri9=~___===---~ -~----=--____ --13.110 ___ 13.305 g_______~--=g
~~~ c:~~\j~~nsurVey-- ---~- u__ ~~:~ 39.07~ 40.640 42.265--- :300:000
~~r~n~~i~r~tiat~~=-----=_-__~_--===---------- g --~-- g g~=~8~sog --=~
~~__:L~L~_~()rl~tgfing ----. .__ --38.750 20,000 20,000 20.QQ9~... __ ___.~
1__ ----------TOTALS:- $139,~~_ __ $72,3B3 $60,640___~U,76S_~~
GENERAlCAPifAL iMPROVEMENTS____ ----- __~ - _u_ -- ---
~lESif",,~scape r;rojilct=- _~_______ 1,000.000____ ----0 0 . i);__~
Barwick Park. Resod------ 0 0 0 -----~-20.000--;--- 40,000
Bfock32AlfeyTmpmvements ___n____~_ ------ 0 0 --- 131.700 _I5T ---0
OtyHall-EXpansl6ii:newfrifoTechSUHdlrig----------- 974.400 0 0 0; ------0
OTyHail~North- Wing &Cha-mberTiliprovements --." 672,000 0 0 ---err -" - - --'0
();xieFiWY..:uSJC""-n~c;,.~~iiiJCiiOii___=--=---==___---==~5_'Q..Q()____ 0 0 -- uot----o
Douglas Avenue-Roadway Construction 212.000 0 0 --------0- -------0
~i~_f'aikii1~Tots;resurt~c~.:re..:~t~pe:.:randscape ______- .... 0 0 '___ 0 0 I 24~:~
East AtlantiC Avenue - resurtacing 0 0 0
FECSEr5islreefRehabiiiial,on- __________u____ 64.100 _______ 0 0 ____~- - 0 _~
i'EC,CroSsiniAnnuaTRiiii..abilitaiion Pri:Jgram-- ---- 95.000 ____ 96.750 103.~ _u_ l:~:~~t- _ ~
~~~~~~~:~biT~D~r~wj'l~~~1tsePlJrc~as"==--==--=:=-----~:~~ 110.00g: 21.~-t___ -% - ---0
FinanceJlf-=-Replace InfemalBul"iding Data Cabling .. -- -_.-. 85.000 85,000 100,000 : 0- ------0
FtnanciiJlT:RePiacemeriiofComputers & otr equip 100.000 100.000 l00,QOc<J.....~-lSO.dOo +_ ____1~
~g~~~~t~~e~~t~t:.tk~iiYHaIU~:i~---- _~--::-25.00g 2~:ggg 25,~ :~5.0ogl... .m_~5~~
Fire:-DrilffingPifforpumpeitesling ana-training .. 0 35.000 0 . 0 I 0
o 0 . ..-j20.000-J:u-----iJ
~~~~~f!~~:~~g~;f~~~1~f~ening-:~_~__~=1-- g 15,~- ----- 2SO.~~:==-=~~{
Fire-Mobile DataTermirlais New/Repl inlst tine.. 112.500_c_~_ 52.500 0-112-:-5601--112,500
~mft::=.-:-~ ....:~;,J '4~0',:00:0~=:01~~!0
Firfl~Eri"-kie~B.~laiin-Sxstem:;~ODeI'r>\AVenue--______~-- . :~-=-____ 0 __u r_-------;..
Fi",:Sprinkler&Alarm System,New Garage Facility ~O -- -0 25000 0 t 0
Fire-sfa-tlon#1 Entry/Courtyard - - ------------0 -~- -~-..._...--. 0 ' 0 .---~t=~:~-=--3~
Fiie:Station #4 Replacement - ----- ----- ----Z.723.500f.- 0 0 ---- -- of--- ----0
Fire,Slatlons ii2.~R()QfRepfaceriient --.----1-175.0001 u_ 225.000- ---0--==-:= =-=-:- O[ __:____ri..:
General-Buildin9 Maintenance - C'i;.Faciiiiies----=-..:-- ......---lSO.000! _lSO.000 150.000__ 160.000 I 160.000
ewood B dB e a es Ph 1 I 0 0 754,000 .________:o~~:::-=-:::~
l~~~~:~~_~_-~t~I~~ _ 'woot~-- ,~~:--~~
Old School Square-Park Improvements - -- c ----~.. . 200:000-- --2,SOo.OOo--1O_8_.50_ ~O I' ---_-_..~ ~ _go_ -_'ti-- -- -==:og
Pa-rkfngMeters-~-New-Meters------------- -". . "----- - ------. --- -~600,000 0 - ___ ~ _ __ __
F>ar1<S:"tlantictjiines BoarawaIkReprace-&Repa;ru-------:::::-::==~,tiOE__._ 0 oJ _ _ --Cl..i-- 0
~~t~:f~~::~g~~:~~~:~~~~~~~~~meiii-- __m_ ..g-- 128.10g ____--%+-_100.00g' -..::=g:
~~~_~_~~~~_~_vi_li9fl !~pf~~ed@A-1t\-:~~_~ntic Ave _; _ _u_ ~__~_~_____ ---------~ --- - 0 r 0 1 200,o{fcf
:~~i:~E=~~~2::;~E~lf!~~~:~he~-n n-t- -2'600'oo~:~- _ j =-=-_j~~_---l:'~T- ..-~j
~~~:;:~~t%~'~~::.:~c,;ieP,"sn~:Bi~~hers---n - i g-g ---ro'~~+- ng [-~~~
City of Delray Beach EAR
Appendix B - Page 1
October 17, 2006
TABLE CI-CIP
FIVE YEAR CAPITAl IMPROVEMENTS SCHEDULE FOR PROJECTS > 525 000
l>fitOJEC'f & FUIIlE> J;Y2_fFYla1>>1JOlli FYI2Olllli.Q$ FY~1li l'Y2011);i11
Parl<s-Miller Pari< improvements/reconstruct ___ , 0 L __ .s,O()Q.()Q_O~__ 0 0 0
Parks-Pompey & CU;';E;Pa;j(s~-PiessBOx(2j_ ___.___ 0 40000-1 0 0-
Parks:PompeyPark -Majo,[eagu&:rePloutfieTdiinfieTd -130.000 - - -'-0-- - 0 -0
Parl<s-Pompey-Pa;j(-'-siiade System---- - - i~ 42,~+ 0 ___ _ __ - 0-
:::,;~~~nC~~~~~~n~;~~~; ~~=~-- - - -_ i ------ ~~~0~0-_ -___=__=-_-_-_.~_--_-_=-1_-~_50-_08-_.,_~60_0__~0_ :-__-_-_-_-___-----=10-: -- -- ~
~~~:_5~~~~~~r~~~o~"J~:~~~~la:n~~-~-- ----= ---- --- - 0 at 0 300,000--:= =--=--{
Police Ilept=-Fiream1sTr.ii'iirigSimuiiltc;,------ ----- - -----0 -----146:475 0 0 ------0
PoifceDept~GenerntOiRepiacerr;ent- --- -- 0 -------01 350.000 0------ 0
ponce Dept :MObiieOata Browser Software--- --- 122,700 0 0 -------6 -------0
P(,iiceDept:omnitri,i<-catent warl< station equip - =~~-=- ~=-:---------6 0 0 _iI~@':=-~=--~
poiice Dept-:-ReCords Vertical Carousel Filing Sys - 44,340 0 0 0
p(;irceDept:Reiurt;iSh-pQjice-Paii(iri9Lot~ 0 -6 100.000 0 - -- ----a
POliceDepf-=RemodfiIBriefingRoom-~ ---~------ 63,000 0 0 -0
Police Dept:RemOdei Training Room __ _ --- -==-------.-~ =________'O~--.1!Q.~()<l. -----0 ~:.=g.
Police-Dept-- Remove-wallpaper&Pairii--- 0 65,650 0 0 0
PoliceDept-=-RePlace Laptoj)Computers - ---- ---- 30,000 -----0-------304,400__ ____152,~~e_------Q.
fi(,iice5epi=Skid Car for drtver training- --- ------1 0 45,000 0 0
POlice Dept-Sp"ce Stuay--- -- - ------i- 25,000 0 0 0 0
PoiiCe Dept-Voicean,fweb couit-SYstems - ----- - 0 --- 6Q'][590=-~~---- 00 00 30
:~~~t~~Y~~~~:A~~~~-~V~~~~--=:-~--- -l .. ~~!,5~ 0 80,000 40,Olfoi- .40,006
Rive.walkSeawall------------------- -- I --6 0 0 0 521495
i!s~~f~~af ::~ ~~:: ~~ ::~ ~:'t~O S~~~~ Blvd= ~_ _-_ _-~ji~~-~----=3!Q~ --- g 2'33O'O~ ----~-~:1~~~.;~-
SE-a. NE 5tii & 6th Av-SE 4th St tONE4IhS'- - --- 400,000 3,400,000 0 0 0
SE-2ndSt=s-SV>intonAvetoFEC x=I"9- - --I 0 -----6- 348,500 _2..e_- 0
Seacrest Blv(J:.NE 8th St - Gulfstream Blvd:StreetRe<:onstruCt - 0 0 0 0 360,000
sfdewall<SiBii<ep"ths:removal&-,ej)lace- ----p- . .-- 0 50,000. ---- 50,000 50.000 50.000
Stie"lResurtaceJReconstructiOi1:y;iy-progran-, --- _ ____ _ __ 200,000 175,000--:------ 150.000 170,000 -180,000
sw 14tiiAve=svif2ndsltoSw-1stStreet--__ 460,500----T~.. ___ .___2.. 0 - --=-~
SWlstAve - SW 1st St to W.AtlantiCAvenue 0 358,600 I 0 0 0
SW 2nd A"" :sw-iSt SltoWAtiantic Ave - -- ---- 358,600 0 . 0 0 --- 0
sw 81h Ave - SW 10th St to SW 11th St ------ P-- 165.000 ---~-~----. 0 -----------6- - ==j
TennisCenter-ClayCOurtRehab-- - _ __=- _ ___ _60,OQ2.. 6O,OOor--60,OOO 60,000___ 60,000
lennisCenter-Stadium Seat Replacemnt -~:=_- __ ...___0_ __ 0 0 --340-;-000 --0
TennJsCntr:Equipmnt Storage Enclosure- j-___ 0 __ 0 : 0 ---25~600 - 0-
Traffic Calming-annual program ---- +- -------0 105,000! 144,000 173,660- --- --23il,OO<l
\.teteransParl<Ma-ste,pTari~-rewOikusage ---__ -P--_::: 0----6;--- 0 40,000 -:::--0
~~1~~:~~1;~~~e~i~;7~~~i!~t__ ---- ~ 1.800,00~T------ 3O,O~ --------{--=--~
_ .._ __________ _ -TOTAL5:=!1~~.1~, 14.0 m $16,192,225 $6,255, 100 $3,06!.~74 ~~5?i;4!5
------- -- -------- ----------- 1----- ----
WATER/SEWER NEW CAPITAl-OUTLAY
bQUgra:s~Avenue-= New sa~sewer system ----- ---- -85:060 0
E?() CornQO.!'n(j.:Jl'"'lP".rty line sceening/access road___ ___ 152,250 0
Gr~n.brt~r()rtve Sewer - new sanitary sewer system ____ ___ _ -------6 -- 200.000
Mango ()rtvelRllig1e [)rtye:.n.""'- sanitary ~ElWersy,;t"rTl_______ .. ==::::-35,66(5----- ___ 0
Port?ble_(3e",,@tQrsJ3) fleet expansion __ _____ ___ 83,664 91164
SCRWTDB f'elletization..f'rQie<:l___ ... ___...... ... _____ -----1,148.420 _____ 0
Sluc!geJhick"""'-="-""'-________ .___ _____===----0 532,875'
TransferPubt.ic.A.rts.: E?Qe.ull(ji"-9_~nsi",,_ __ _ ___---2.250 7,875
Truck Acquisiti(jn .._ __ ______ _ _ __----40,000 ==::::::-_~_40.ooo'
Well Flow Meters 63,000 0
Oth-er-ProfessiOnalserVices----~-~-------- - -- 45,000 ---- 45.oDif'
ReCiaimed--.-Water-tr.insriii~"":~~rn:___ ____ 250,000 _-_:1~7.57~000----
SCwrDElRecl"irned_Wa_ter}@'ltm",,-tF'?Cility_ ---2-;-310.506 __ __
_ 1'61'AL54 $4,215,084 $2,673,914 $1,221,164
~~~E~~~~~i~1~::v~~~~f=5"'I:~TFli~D ..t- ----0- -- -0-- - 77,500
Block 64 wa!er~airl-'m~ments ____~:- _L__g},8QQ___ - - -- 0..--- 0
Clartfier R~habili.i"tion _____ __ un 12_5Q,()~ _ 0 0
COrnputerEqui~m_e~t __ __________ _ ___ i----- 26,900 --- -- -----0-------6
CrestwgodQrtv"'I\'-atelMainJ,JI'lL,,,de . . .f-- 116.500 n_ 0 0
~~6~d~h~ ~"iS~s~~g~~Wa:i~~~deS ----+- _~-n ..... g-=--. -170,80L _ 0 .h - _~1.5~~~~
~~~a:~~%e~"W~ilo/~a:g~~~le-"a-~-- .. l _- =~~:~~-~ _ 15.sog~ _ - 15,50g 15~l- --.0
~:~ g~1:6~~~~~:'a'i'~r-=---=- ---- ; __ ..~;~=--.-__ _.:..:.=-=-==__ _ __ _______ ~::.___ ____
t!~I~:!%~~~~~~~#34- -- -- -- ---- l:--.--!!:!!I- n 6O.62~ _60,62~------OO:625 - :=--'-_=60~~~
Low.sonBlvd. Force Main-R"pliicement __n___________ ---+ ---.316,000 ---------0-----0 ---~-- ---- 0
Meters = Radio-Read I ------ 113,000 --- --- 0---- 0 -6 0
NE8th Av"nu,,-NE 2nd Street to NE 5thSlroot ------ O. ____- 6:_ -- ___--.Cl _ __388,700 un - 0
:"~\::'i:j~~~-~ [-:::=--=-'f g -= % ~--:~~ - - :
North Repurnp.?taliOl1_(;e-",,@tc>'--_m_ l 6(\'~()L 0 ---~
NW 12th St & Gro,,-eW~Y'/'IEter Main__ 01___ n-&8~jbf_____-~ -=-___=~514,3cJg .-g
6::~\:i!r:~~2iJ1t;iuT'~~-r.1ai" - - ------gl 0- -- -239,~
~~n~~~~~i!~j~~~~~catlont- ___.i4~()0~-- -~=--=- 6~;j-=---~ l ~
o
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76.164
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45.000
1.100,000
6 --------. ---0
_.Cl____ __ 0
~J~~~
6()O})(j0 -: i,~oo,@
$645,000 _ _ $!~i3s,00ii:
1-------- -
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City of Delray Beach EAR
Appendix B - Page 2
October 17. 2006
TABLE CI-<:IP
FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS> $25 000
PROJECNiFUNO FY~l#Y2007,;oil FY200ll4lIlI.' FY2lUl9PfO liY.2Q1Qg11
SSP.....~.E~1itUsatCrytAiov;-eS~E:....3;lrMadReS~t.h-atolOb._e_iIEi~A~tOlha~nbt.ijclitaAtvei-On------- --1_~...0.......".~--..-_0~Ot-_- - 1 00,000 .. 100,000 100,000 100,000
. . -_-3~c:~--5~00~--~I5.QQo --~~
SEij\JE 51h & 6th Av~ NE~th_St.tlJ..~eorge-Bushi3tv<L 0 0 ._ ____13~
~-~~t~ 1t~t~ ~~;t~~~~t~~~ ~0~h4~ St Wat",_~in_______~~QO-f_ -.isO,Q.~~-~36iog . .--- ----%
Seacresdllvd - NEBthStreet to Gut/slream Blvd- - .----.---. 0 ... 0 -6 83,500
S_easagSiMetafelJcaIQI.e~nder--'.-'------- -- ~- '345,006 --_ _ 0 -----.--6 __ _ 0 0
Sewer Main Rehabilitation .-----~-.--375)jOO .. 500,000 500.000 500,000 500,000
S'jy _10th. Ayer}u_e"_: SW: 2nd SI to W: .Atlantic'-Ave'" ---- - -- ---------=:~~--- ---- -_=_.:~9 __0 ____ _ ---- 0 303,600 0
SW 11th,12th;i3if1&14lhAvenlJe---.----- -- 0 0 0 8O~,75O __=::::::g
SW15thAv.' .. .......... __:::":_=_~___.Jl.______.O 0j-__1.fl?.c!!Q0 0
~',vjst Avenue!!. SW4th Street I 0 374,000 Ot-.- 0 0
[~:[t~~~~~~:;e~:~~=-:.=.=;~:::;;:;==-=~~~~~i~ -=- 7~~:~~~._._ ___~--- ~ ~
~i~-~r~~i-~l~~~~~~:~~nf;n-upgrade progra:~_:::~J:::~ -- .:.~:~. 2~~:~~~. .___.. ~~:~~. 2~~:~~~___2~~~~
MUNICIpAL G~I..~~O~~S';--:::':::-:::----- - ____..:TQ~~~~~::::::-=~~6,~25+ .-. $3,676,125' $2,1F,925 $3,645,275 $3,===
g~tirs~~~~~~~s~(iuiflrTlel1l~=-=-==--==~=~:::::::::t~~- 4~~:~~~'- 4 ~:~~ --. 4 ~:~~~. ~~:~~-4~~
DebtServic-e.:(;art.Lease-.- _....._n _~_____n : m__ 36,000 36,000 36,000 --.36,000 36,000
. . n.:~=--- --n~-.=-_TO.!~lli= $5()3~_03 _=~__ $509.950 $509,927 I $505,553 $505,213
1_ _ .____-[_.__
i..AKE\iIEW GOLF COURSE
Other tvla<:tlinery &.E'qulfl'T'ent
()e_bIService Bonds _____
Debl~ei'vice :cartIea~~'
o
249,860
31,610
TOTALS: -=--_ $281,,f7.o,
325.000
250.024
31.610
.._____~~06,634
o
244,470
31.610
$276,080_ _._
I
01
223,7201
3f61Oi
-'-$155,330
o
220,141
31,610
$251,751
sf6RMWATER UTILITY .----- --- __n -- ---~-- .__ ____ --
El:a.rv,;CJ<~Roaif:Drilin:a.ge System-- 102,500' -----0 0 0 0
(,lock 32_AlleL._._____==_ 253,7-5.-00+-,1---- ---0 86.000.___- 0 0
E!lock64_AII~y Improvements 11__._ 0 0 _.____ 0 0
[lixieH"'Y: U~.1C()l).".ector ::--.. 135.0001 0 0 __.. ._.. 0 0
Dolteral.Road: Drainage Improvement _.'n'.._.. _ ._,______._____OJ_.n__~_ 0 0 0 86.000
General.~t()ITl1'N_"_1<!rR.<'P"irs ___._.m_.___.___m___~ _ 75,000' 75,000 75,060 75,000 .__Z.5.oo~
~~~~~e~0~~Nc,~~~~~ndWaY--____=___-----:::L-~:7~~=~- ~ --;~,OO~ _______ ~---O
RainberryWoods ... .....'. _____3511~() __ n._ 0 __ 0__. 0 0
SEINE 5th &:::6thAv - NE 4th St to Geor~~~-,,-~ivd - n__=-:_r=~ 0_. _~ 0 0 0 431.000
SEINE 5th & 6th_Av-SE 4th St to NE 4~~~.'N-".!er_"-1a-",_____ __L_.. -49,066 325,000---0 0 __=_=.:.9
SE5th&6thAv-SE4thSttoSE10thSt __n -6----. 0 374,000 0 0
'sE.2rid~I:S?winto.n"''!.etoFECX~ng --- -in6 0 __.:- 230,000 .o~_--==:=.g
~~~r~~inEl~~fe~aid~~~~~';=t:t~~:streaiii-Elivcf.------n ur- - - ~ - ~ ---~ 186,~ 97.5O~
S""sag.iJ&1.ej~elJca.i6Ieander _____ __ __~-_=_:::::.. 1. --- 300,000 ______ 6 - 0 0, 0
StorrnWater Pump Stat'-')'!_R.ehab____. _ -r--_-.250,bOO 250,000 -250,000 ~_~5..o,<lQQL~2.5O,OO~
SW 1st Ave-SW 1st St to W Atlantic Ave _.n ._._ .-L__ 0 _.. 215,500 0 0, 0
~""2ndAv:SW1stSttoWAtlanticAve _______-'__::::_201,0-00 0_._.-0... 0: 0
SW8thAv:swTithSliO-swioif1si.----~- r 45,060 0 --- 0 0: . ----0
SW14iiiAve _ sw 2nd Slio-sW 1st St- --- ~ 74,500 0 -- 06[-------0
Debt SerVice ,StormwaterNote Interest -=-;,- -. 26,390 -...--.26,390 26,390-- 26,390' 26.390
Debt s"iV.ce _ Sto.mwater:::Note Prindple ---,___ _ 27~E() ~_1r,!_~0 27,120__ __._ 2'7.120 r 27,120
General Obligatlons__ __-TQTALs..:l__~ $2,7~~~O~~0 $1,7~~;3;~5 $1,9~,lB~~6-:_-E4~~9~1 $1,8~:3'f.,4
CENTRALGARAGEFUND- ---t----n---- --. n_____~__
ESD ComplexFlJeIDiSpensers~:::~::: - .. =" _ ___ 28,486 ____ 0 .- -- 0 _:- 0 --- ----0
Fire Ap"araius Re~e Brush Truck .. __ ___ '___ 0 0.~__"':_J5 0 I __~~()~~
Fire APi>ara1uS.~.2@<;e.Puml"'.~__ ___.. __ _ __ _ '440,200 . 493.000 0 0' 522.600
Fire,ALSRescue Re.place...... ..___~_______ .. r. -- . __~13:600 _._22~3...o..o =~ 235,200. :::~=-:::= 247,200: 259,600
~~Af~~Cn~':i~2T~~:~~Vehicle -- r~ -. ..._~~::._--~:::::::::~=-=245,67-~:::=-_____~-_. .-- .~
Vehicle Replacement----=-==----=-=---=-____ fJ83,~~ ___no ..?1~.!'iZ. _.....!.Cl..O(),{J,oOj 1,000,000 1 1,00...o,QO_0
Vehicle Restoration 70,000 .. c~ . . .. 90,000, 95,OOOf. c~
_ __________.. ... .fQI)l~l fl'436,245.-- nS1,591,807:::J1,571,17~L31,_:J.f~,200- --ff.186,OOO
~~i~~~~~~=-=--;:,...~-:.,..!~!~~~r:j~= !:!~.'II =-_-~_~_~io --- ~_=_~-_lolr~ --~-~-~~ol-------=-----.---.~o.
Senior Center: Western~.rn.fTl~nity_ Cen1<!r____. i - - -- f
Senior Center - Western Co_m.lll.unity Center - Lan~._
ToiALS:TH06B4114.00 i - -$0 ---- $0 - -- --$0 -. - - - $0
City of Delray Beach EAR
Appendix B - Page 3
October 17, 2006
4 Boca RalonlDelray BeaCh News - Thursday. October 5, 2006 . www.bocanews.com
CITY OF DELRAY BEACH, FLORIDA
NOTICE OF PUBLIC HEARING
EVALUATION AND APPRAISAL REPORT OF THE-
COMPREHENSIVE PLAN
The City Commission of the City of De/ray Beach will conduct a
Public_ Hearing to adopt the 2006 Evaluation and Appraisal
Report (EAR) Report of the Comprehensive Plan and to transmft
it to the Florida Department of Community Affairs (DCA), The
Public Hearing will be held on TUESDAY, OCTOBER 17,2006
AT 7:00 P.M. (or at any continuation of such meeting which is
set by the City Commission), in the City Commission Chambers,
100 N,W, 1st Avenue, Delray Beach, Florida, 33444.
Chapter 163, Florida Statutes, requires the City of Delray Beach
to prepare an Evaluation and Appraisal Report addressing imple-
mentation of the Comprehensive Plan, The purpose of the EAR
is to evaluate and assess the degree to which the Objectives of
the Comprehensive Plan have been accomplished and to sug-
gest changes or amendments needed to update the Plan and its
Elements: -
All interested parties are invited to attend a public hearing-and/or
provide written or verbal comment on the EAR. Further informa-
tioncoliceming the proposed Evaluation and Appraisal (EAR)
Report can be obtained from the Planning and Zoning
Department,City Hall, 100 N.W, 1st Avenue, DelrayBeach, FL
33444 (email atpzmail@mydelraybeach.com) or by calling
561/243-7040, between the hours of 8:00a.m, and 5:00 p.m"
Monday through Friday, excluding holidays,
Please be advised that ita person- decides to appeal any deci-
sion made by the City Commission with - respect to any matter
considered at this hearing, such person will need a record of the
proceedings, and for this purpose such person may need to
ensure that a verbatim record of the proceedings 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 DELRAYBEACH
Chevelle 0, Nubin, CMC
City Clerk
PUBLISH: Thursday, October 5, 2006
Boca Raton/Delray Beach News
Ad #NS100601
(f1~
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MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER M
AGENDA ITEM # lO.] - REGULAR MEETING OF OCTOBER 17,2006
ORDINANCE NO. 53-06 (AMENDING LDR SECTION 101.24 "TRAFFIC
REGULATIONS")
TO:
SUBJECT:
DATE:
OCTOBER 13, 2006
This ordinance is before Commission for second reading to amend 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
hot air balloons, airplanes, jets and/or helicopters and motor vehicles shall not be driven on the
municipal beach except for authorized uses.
At the first reading on October 3, 2006, the Commission passed Ordinance No. 53-06.
Recommend approval of Ordinance No. 53-06 on second and final reading.
S:\City Oerk\AGENDA COVER MEMOS\Ordinance Agenda Memos\Ord 53-06 Amend LDR See 101.24 Traffic Regulations Overhead vehicles 10.17.06.doc
ORDINANCE NO. 53-06
AN ORDINANCE OF THE CI1Y COMMISSION OF THE CI1Y OF DELRA Y
BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE
CI1Y 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 HOT AIR BALLOONS, 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 CI1Y COMMISSION OF THE
CI1Y 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 hot air balloons. airplanes. jets and/or
helicopters on or within three hundred (300) feet of any municipal beach site within the
limits of the City provided, however, nothing ffi. this scetion shaR pre~;,eat: (1) official motor
vehides or vehicles of a gO".;'emmenbllageaey from. ttavcrsmg the heaehes, banks or duaes ffi.
the pcrfol'ftlaace of official governmenbll duties; (2) aoago"....emmeabll purposes of
maffiteaaaee aad/ or prC3elVat10a of same as authorizcd or required by a govemmeat
ageaey; (3) motor vchicles or -.rehides utilized for the purpose of traa3porting a physically
tli~abled per~on who would othel'\l9'13e be iaeltf'able of aeee~~ing and mveliflg upon the
bcach without ~uch a~~i~taftcc, or (1) motor vehick~ or -.-ehidc3 utilized for other authorized
purpo3e~ a~ approved by the City MMl:ager, from tfll'Ver~ing the beaehe3 llnd aeee33 point~
thereto of aay municipal beach 3ite withift the City ltmit~.
(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 City.
Section 2, That should any section or prOVisIon of this ordinance or any portion
thereof, any paragraph, sentence, clause or word be declared by a court of competent jurisdiction to
be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part
hereof other than the part declared invalid.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 4.
final reading.
That this ordinance shall become effective upon its passage on second and
PASSED AND ADOPTED in regular session on second and final reading on this the
_ day of , 2006.
MAYOR
A TIEST:
City Clerk
First Reading
Second Reading
2
ORD. NO. 53-06
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MEMORANDUM
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # I b .t_ REGULAR MEETING OF OCTOBER 17,2006
ORDINANCE NO. 55-06 (AMENDING LDR SECTION 1.3.6 "REPAIRS
AND MAINTENANCE")
TO:
FROM:
DATE:
OCTOBER 13, 2006
This ordinance is before Commission for second reading to amend 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.
At the fIrst reading on October 3, 2906, the Commission passed Ordinance No. 55-06.
Recommend approval of Ordinance No. 55-06 on second and final reading.
S:\Cily Oerk\AGENDA COVER MEMOS\Ordinance Agenda Memos\Ord 55-06 Amend LOR See 1.3.6 Repairs and Maintenance 10,17.06.doc
0;<
elM
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 LOR 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, 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.
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 non conformities 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
1Q..f!,
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 EFFECTNE 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 ofDelray 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 bv an act of 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 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 same 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
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 LOR 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 non conformities 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 LOR text amendment is to clarify that non conformities 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 LOR 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-J16/04];fAmd. 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 buUding 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)
(8) 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,sudden.and unexJ)ectedmanifestation of the ferces 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. [Arhd. Ord. 17-95
3/21/95]
1.3 -4
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[ITY DF DElRAY BEA[H
CITY ATTORNEY'S OFFICE
200 I\W hl AVENl '! '1 R,\Y BEACH, FLORIDA 33444
Il'UTHONE .'i6l!.'L' . I\CSJMILE: 561/278-4755
Writer's Direct Line: 561/243-7090
DElRAY BEACH
f lOR I D A
lIa.I:III
All-America City
, III I! ~;~E
1993
2001
MEMORANDUM
October 5,2006
City Commission
David T. Harden, City Manager
~
FROM:
Terrill Barton, Assistant City Attorney
SUBJECT: Ordinance 60-06
The attached draft ordinance amends Section 10.99, "General Penalty", by adding
civil citations under Section 37.45 as an enforcement method adopted by the City.
Please place this ordinance on the City Commission October 17, 2006 agenda for
first reading.
Thank you.
TCB:smk
Attachment
cc: Chevelle Nubin, City Clerk
l2.~
ORDINANCE NO. 60-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, AMENDING SECTION 10.99,
"GENERAL PENALTY", OF THE CODE OF ORDINANCES BY
ADDING CIVIL CITATIONS UNDER SECTION 37.45 AS AN
ENFORCEMENT METHOD ADOPTED BY THE CITY; PROVIDING
A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND
AN EFFECTIVE DATE.
WHEREAS, Section 10.99 of the Code of Ordinances of the City of Delray Beach, Florida, was
established to provide for enforcement and penalties for City code violations; and
WHEREAS, the City Commission desires to add enforcement by civil citation as provided for in
Section 37.45 of the Code of Ordinances as a method of enforcement for code violations; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA:
Section 1. That Section 10.99, "General Penalty", of the Code of Ordinances of the City of
Delray Beach, Subsection (B), shall be amended as follows:
(B) The City adopts all enforcement methods provided by law which include, but are
not limited to, the issuance of a citation, summons, notice to appear in County Court, ef arrest for
violation of municipal ordinances, as provided for in F. S. Chapter 901, or civil citations provided
for in Section 37.45 of this Code of Ordinances.
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.
PASSED AND ADOPTED in regular session on second and fmal reading on this day of
.2006.
MA YOR
ATTEST:
CITY CLERK
First Reading
Second Reading
2
ORD. NO. 60-06
[ITY DF DELIA' BEA[H
0/\
...~
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE. DELRAY BEACH, FLORIDA 33444
TLLEPHONE: .'i61/2-+3-70l)O. FACS],\1ILE: 561/27g-4755
DELRAY BEACH
f l () RID ^
Da.d
All-America City
Writer's Direct Line: 561/243-7091
, III J!DATE:
MEMORANDUM
October 9,2006
1993
2001
FROM:
City Commission
David Harden, City Manager
L,,~'
Brian Shutt, Assistant City Attorney
TO:
SUBJECT: Proposed Code Revision to Section 52.03
Ordinance No. 61-06 provides for an increase in the security deposit of hydrant
meters from $350.00 to $750.00 and also provides for a nonrefundable
installation/removal fee of $150.00 to cover the cost of City employees installing
and removing the hydrant meter. Public Utilities has experienced problems with
the failure of contractors to return the meters and/or damaging the meters, which
in turn can lead to unaccounted for water usage. (See attached memo from
Richard Hasko).
Our office requests that this item be placed on the October 17, 2006 City
Commission agenda. Please call if you have any questions.
Attachment
cc: Chevelle Nubin, City Clerk
Richard Hasko, Environmental Services Director
t2. B
City Of Delray Beach
Department of Environmental Services
MEMORAN
D
u
M
www.mydelraybeach.com
TO:
David T. Harden, City Manager
FROM:
Richard C. Hasko, P.E., Environmental Services Director
SUBJECT: PROPOSED CODE REVISION
DATE:
September 28, 2006
Attached is a memo from our Public Utilities Division identifying our need to modify our Water
Ordinance as it relates to the issuance and tracking of hydrant meters generally used by contractors for
construction water. Our current program allows us to collect a nominal deposit upon issuance of a
hydrant meter assembly to a contractor and allows the contractor to essentially assume custody of the
assembly. The current deposit ($350) is not adequate to provide for replacements for assemblies that
are damaged or not returned. In addition, we often lose track of the meters and their flows go
unaccounted for because contractors move them from site to site and sometimes out of the City
completely.
I have attached proposed language revisions to Title 5, Chapter 52, Section 52.03, Essentially we are
proposing to increase the required deposit to $750, refundable upon return of an operational
assembly. We are also proposing to institute a nonrefundable $150 installation fee that would cover
the cost of City staff installing and securing the assembly, and removing it when it is no longer
needed. We will no longer allow contractors to install the meters themselves and assume custody of
the equipment. We will install the meters properly to ensure that flow registration is not defeated and
secure them to the hydrants so that their locations are known for purposes of monthly reading and
post construction retrieval.
Please review this proposal at you convenience and let me know if you approve of proceeding with
the revision.
Cc: Susan Ruby, City Attorney
Victor Majtenyi, Deputy Director of Public Utilities
Scott Solomon, Water/Sewer Network Manager
ORDINANCE NO. 61-06
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 52.03, "USE OF WATER FROM
HYDRANTS", TO PROVIDE FOR AN INCREASE IN THE SECURITY
DEPOSIT FOR HYDRANT METERS AND TO PROVIDE FOR AN
INSTALLATION/REMOVAL FEE OF THE HYDRANT METER BY
CITY STAFF; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTNE DATE.
WHEREAS, the City currently allows contractors to use hydrant meters, owned
by the City, in order to obtain water at various construction sites throughout the City; and
WHEREAS, the meters are sometimes damaged or not returned or moved from
site to site by contractors; and
WHEREAS, the City wishes to increase its deposit for the meters to accurately
reflect the cost of the meters and to provide that only City staff may install and remove
the meter.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 52, "Water", Section 52.03, "Use of Water from
Hydrants", of the Code of Ordinances of the City of Delray Beach, Florida, be and the
same is hereby amended to read as follows:
CHAPTER 52. WATER
GENERAL PROVISIONS
Sec. 52,03, USE OF WATER FROM HYDRANTS.
(A) Fire hydrants shall not be used for obtaining potable water, except under certain
extenuating circumstances wherein a request, which must be in writing, may be made to
the Director of Environmental Services or his/her designee for permission to use a fire
hydrant for potable water on an interim or temporary basis, The Director of
Environmental Services or his/her designee must approve all such requests.
(B) If permission to use a fire hydrant is approved by the Director of Environmental
Services, or his/her designee, on an interim and temporary basis, the applicant shall be
required to submit an application including a minimum deposit of three lmndred fifty
dollars ($350.00) seven hundred fifty dollars ($750.00), A nonrefundable
installation/removal fee in the amount of one hundred fifty dollars ($150.00) will be
required to cover the City's cost for meter installation and removal. The customer charges
and capacity charges for a two-inch meter as set forth in Section 52.34, shall be due and
payable each and every month, for as long as the meter is installed, regardless of whether
the meter is actually turned on and without regard to usage. All charges must be paid in
full and the meter returned in serviceable condition before the deposit of three hl:Hldred
fifty dollars ($350.00) seven hundred fifty dollars ($750.00) is returned to the customer,
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 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